Chamber and committees

All expenditure allocated to UK Departments by the UK Government covers both deal and no-deal preparations. No-deal funding is not identified separately.

The Scottish Government was awarded £37m of EU Exit preparation funding consequentials from UK Government preparation funding of £1.5 billion for 2018-19.

At the 2018 UK Budget, a further £500m of EU exit preparation funding was announced for 2019-20 in addition to the £1.5bn already announced by the Chancellor.

The UK Government confirmed on 18 December that the Scottish Government will receive £55 million in EU exit preparation funding consequentials for 2019-20. We are currently seeking clarification from HM Treasury on the detail underpinning this allocation.

We would expect to receive Barnett consequentials of any additional funding for Brexit preparations to UK departments, consistent with the statement of funding policy.

The information requested is not held centrally by the Scottish Government. The request for this information should be directed to NHS Boards.

NHS treatment will be provided to everyone in Scotland who requires to receive treatment, and this will be based on medical assessment and prioritisation.

Under Section 2(1) of the National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989, as amended, NHS Boards are required to identify and assess whether charges apply for overseas visitors requiring NHS treatment. Where charges apply, the Regulations require that NHS Boards seek to recover the costs.

Collecting statistical data on lease review returns and penalties is a matter for Revenue Scotland and I have therefore asked the Chief Executive to respond directly to the member.

Revenue Scotland publish provisional data each month regarding notifiable lease transactions and three-year leases reviews on a ‘date of review return’ basis in Table 5 of the LBTT statistics, available on Revenue Scotland’s website. The final revenue outturn for 2018-19 for these lease reviews will be published in the Revenue Scotland Annual Report and Financial Statements of the Devolved Taxes for 2018-19 which is expected in September 2019. I have asked the Chief Executive of Revenue Scotland to respond directly to the member about this matter.

Local Authorities as independent bodies are responsible for their own employment records, and will have details of the number of Trading Standards Officers employed in their own area.

In consultation with the Law Society of Scotland, the Faculty of Advocates and Forensic Pathologists, COPFS reviewed post mortem examination protocols.

The review recognised the right of accused persons to examine and test the evidence against them, including pathology evidence, and the resultant right to instruct a defence post mortem examination. The review recognised the professional obligation on the defence to ensure that an accused’s defence is properly investigated and conducted and that any failure to meet this professional obligation may result in a successful appeal against conviction.

However, the review also recognised that in all but exceptional cases, a second invasive post mortem examination of the deceased’s body may be of limited evidential value. The review noted that, in all but exceptional cases, the evidence of the Crown post mortem examination could be properly tested and challenged by the defence through a defence pathologist’s expert examination of the post mortem findings, including samples where relevant, and opinion as opposed to a second invasive post mortem examination.

The review concluded that a Consultation Protocol, supporting effective consultation between pathologists instructed by the Crown and defence may deliver improvements. Effective consultation would support an informed defence decision as to whether a second invasive post mortem examination was required and may reduce not only the number of required defence examinations but also delays in the return of deceased persons to their families, reflecting the views of families.

Following positive discussions with Forensic Pathologists, the Law Society of Scotland and the Faculty of Advocates, the Consultation Protocol was published. The Consultation Protocol relates to the investigation of homicides in Scotland. The Consultation Protocol does not relate to the investigation of homicides abroad.

COPFS will monitor the impact of the Consultation Protocol, including both the timelines in relation to release of bodies in suspicious deaths and the number of post mortem examinations instructed by the defence.

Applicants to the Equally Safe Violence Against Women and Girls fund are required to provide their LBTI Inclusion plan (or an GBTI plan for organisations providing direct support to men) as part of their application. Applicants without these plans in place are not considered.

Volunteering at festivals and major events offers opportunities to gain new skills and experience, and to be part of something special. It is essential, however, that volunteers are treated fairly. Volunteers should complement paid professionals in the delivery of an event and should never replace those paid professionals. Therefore, it is encouraging that the organisers of Edinburgh Hogmanay have published the Volunteer Engagement Plan, to address concerns from last year relating to unpaid work.

It is encouraging too that the Volunteer Engagement Plan reflects the City of Edinburgh Council’s Code of Conduct for the use of Volunteers at Festivals and Events, which was developed in conjunction with key stakeholders including Unite the Union.

We will continue to work with stakeholders to promote fair working practices.

COPFS has not historically collected data regarding whether a second or subsequent defence post mortem has taken place. The information requested is accordingly not available. On 1 November 2018, COPFS published the “Forensic Pathologist Consultation Protocol”. The Protocol is designed to enable effective consultation between pathologists instructed by the defence and the Crown. Effective consultation should support an informed defence decision as to whether a second physical post mortem examination is required and may reduce not only the number of required defence examinations but also delays in return of deceased persons to their families. COPFS has also reinforced its internal guidance to ensure that bodies are only retained when that is necessary for the proper administration of justice.

COPFS will monitor the impact of the reinforced guidance and the Consultation Protocol. COPFS will also monitor the timeline in relation to release of bodies in suspicious deaths and the number of post mortem examinations instructed by the defence.

I refer the member to the answer to S5W-19972 on 29 November 2018. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx .