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.

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.

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.

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.

Under the Judiciary and Courts (Scotland) Act 2008 and the Scottish Courts and Tribunals Service (Administrative Support) (Specified Persons) Order 2015, the Scottish Courts and Tribunals Service (SCTS) has the statutory function of providing, or ensuring the provision of, the property, services and staff for the Scottish Sentencing Council. SCTS receives annual funding from the Justice portfolio of the Scottish Government covering all their responsibilities including in respect of the Scottish Sentencing Council.

The Scottish Sentencing Council was established in October 2015. An annual report is published each year by the Scottish Sentencing Council and this annual report includes details of their allocated funding from SCTS for each year of operation. Decisions about the annual budget of the Scottish Sentencing Council are a matter for SCTS.

https://www.scottishsentencingcouncil.org.uk/media/1893/scottish-sentencing-council-annual-report-2017-18.pdf

https://www.scottishsentencingcouncil.org.uk/media/1549/scottish-sentencing-council-annual-report-2016-17.pdf

https://www.scottishsentencingcouncil.org.uk/media/1493/annual-report-2015-16-website-version.pdf

The Scottish Sentencing Council is an independent body under the terms of the statute agreed by the Scottish Parliament.

Section 7 of the Criminal Justice and Licensing (Scotland) Act 2010 ("the 2010 Act") provides that the Scottish Ministers may request that the Scottish Sentencing Council consider preparing, for the approval of the High Court of Justiciary, sentencing guidelines on any matter or review any sentencing guidelines published by the Council. Section 7 provides that the Council must have regard to any request made by the Scottish Ministers in respect of guidelines. However the Council is not obliged to agree with any request and section 7 provides that if the Council decides not to comply with a request made by the Scottish Ministers, it must provide the Scottish Ministers with reasons for its decision.

Section 12 of the 2010 Act provides that the Council must consult with, amongst others, the Scottish Ministers in preparing their business plan.