Chamber and committees

Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

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Question reference: S5W-19974

Asked by: Kezia Dugdale, MSP for Lothian, Scottish Labour
Date lodged: Friday, 16 November 2018
Current Status: Answered by Joe FitzPatrick on 29 November 2018

To ask the Scottish Government whether it would support the testing of illegal drugs in order to support harm reduction.

Question reference: S5W-19955

Asked by: Kezia Dugdale, MSP for Lothian, Scottish Labour
Date lodged: Thursday, 15 November 2018
Current Status: Answered by James Wolffe QC on 29 November 2018

To ask the Scottish Government how many people have been subject to more than two post-mortems in each of the last five years.

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.

Question reference: S5W-19972

Asked by: Kezia Dugdale, MSP for Lothian, Scottish Labour
Date lodged: Friday, 16 November 2018
Current Status: Answered by Joe FitzPatrick on 29 November 2018

To ask the Scottish Government whether it would support an illegal drugs harm reduction pilot scheme being trialled.

The Scottish Government is prepared to take forward innovative, evidence-based approaches, even if at first they may be unpopular or controversial. This is highlighted by our support for the principles behind Glasgow’s proposals for ‘safer drug consumption facilities’ and 'heroin assisted treatment’ in the city.

In October 2018, I met with the UK Government, who remain opposed to changing the law or devolving powers in order to facilitate the introduction of ‘safer drug consumption facilities’.

We have just released further funding to help reduce the harms caused by alcohol and drugs, bringing the total provided to more than £70 million this financial year. Since 2008, we have invested over £746 million to tackle problem alcohol and drug use.

Question reference: S5W-19973

Asked by: Kezia Dugdale, MSP for Lothian, Scottish Labour
Date lodged: Friday, 16 November 2018
Current Status: Answered by Joe FitzPatrick on 29 November 2018

To ask the Scottish Government what steps it has taken to support illegal drugs harm reduction projects.

Question reference: S5O-02645

Asked by: Kezia Dugdale, MSP for Lothian, Scottish Labour
Date lodged: Wednesday, 28 November 2018
Current Status: Taken in the Chamber on 5 December 2018

To ask the Scottish Government whether it will make money available for a new Castlebrae High School before the 2021 new school building cycle.

Question reference: S5W-19959

Asked by: Kezia Dugdale, MSP for Lothian, Scottish Labour
Date lodged: Thursday, 15 November 2018
Current Status: Answered by Humza Yousaf on 28 November 2018

To ask the Scottish Government whether it considers that parole board reports should be made available to victims and witnesses on request.

As we committed to in this year’s Programme for Government, we will consult on specific measures to make parole processes more open and transparent. This will include consulting on measures to provide victims and their families with information on Parole Board decisions, as well as mechanisms to strengthen the voice of victims in parole processes. The consultation will be published before the end of the year. These issues and other PfG commitments to improve support for victims will be considered by the Victims Taskforce, which will be co-chaired by the Justice Secretary and the Lord Advocate and will meet for the first time on 12 th December.

Question reference: S5W-19932

Asked by: Kezia Dugdale, MSP for Lothian, Scottish Labour
Date lodged: Wednesday, 14 November 2018
Current Status: Answered by Ash Denham on 28 November 2018

To ask the Scottish Government what recourse is available to people who cannot access legal aid to which they are entitled.

Question reference: S5W-19931

Asked by: Kezia Dugdale, MSP for Lothian, Scottish Labour
Date lodged: Wednesday, 14 November 2018
Current Status: Answered by Ash Denham on 28 November 2018

To ask the Scottish Government how it ensures that legal firms undertake appropriate levels of Legal Aid work, and what assessment it has made of the changes to the legal aid system with regard to supply meeting demand.

Under the current system the Scottish Government cannot directly regulate the amount of legal aid work solicitors firms undertake. Any changes made to the legal aid system via primary or secondary legislation are subject to a Business Regulatory Impact Assessment. Unlike in England and Wales where, for example, legal aid provision for housing and family law now lies largely out of scope, the Scottish Government has retained wide scope for legal aid. To assess the legal aid system in Scotland as a whole and ensure its future sustainability can be secured, Ms Ewing, the then Minister of Community Safety and Legal Affairs, commissioned an Independent Strategic Review of Legal Aid in Scotland that reported in February 2018. The report acknowledged that there are areas (both geographically and by area of law) where there is an over or undersupply of legal services. The Scottish Government response to the review will be issued on 29th November 2018.

Question reference: S5W-19941

Asked by: Kezia Dugdale, MSP for Lothian, Scottish Labour
Date lodged: Wednesday, 14 November 2018
Current Status: Answered by Ash Denham on 28 November 2018

To ask the Scottish Government how many dog wardens each local authority has.

Dog wardens are a matter for individual local authorities and the Scottish Government would not routinely collect this information. However, the Scottish Government obtained the following information from individual local authorities on the number of dog wardens as part of a specific exercise earlier this year to obtain information about the use of Dog Control Notices. These figures cover the period from 27 February 2017 to 26 February 2018.

Aberdeen City Council	2
Aberdeenshire Council	3
Angus Council	1
Argyle & Bute Council	9
Clackmannanshire Council	0
Comhairle nan Eilean Siar	0
Dumfries and Galloway Council	3
Dundee City Council	2
East Ayrshire Council	1
East Dunbartonshire Council	0
East Lothian Council	2
East Renfrewshire Council 1	0
Edinburgh Council	30
Falkirk Council	0
Fife Council	2
Glasgow City Council 2	-
Highland Council	9
Inverclyde Council	1
Midlothian Council	1
Moray Council	2
North Ayrshire Council	1
North Lanarkshire Council	2.6
Orkney Islands Council	0
Perth and Kinross Council	3
Renfrewshire Council	2
Scottish Borders Council	0
Shetland Islands Council	3
South Ayrshire Council	2
South Lanarkshire Council	1
Stirling Council	1
West Dunbartonshire Council	1
West Lothian Council	1
Total	85.6

1. The role of dog warden is delivered by the Community Safety Officers which is part of their duties.

2. No information was received from Glasgow Council City.

Question reference: S5W-19948

Asked by: Kezia Dugdale, MSP for Lothian, Scottish Labour
Date lodged: Wednesday, 14 November 2018
Current Status: Answered by Roseanna Cunningham on 28 November 2018

To ask the Scottish Government what penalties there are for people who dispose of human waste in public drains; who such incidents should be reported to, and how many people have been fined for this offence in each of the last three years.

While such cases should be reported to Scottish Water in the first instance, several different statutes cover possible actions and may apply. Scottish Water, SEPA and Roads Authorities therefore may work together to investigate alleged incidents of unauthorised disposal of human waste into drains or sewers. In cases reported to Scottish Water, it does not issue fines directly for offences, it reports these to the Crown Office and Procurator Fiscal Service. It is the policy of Scottish Water to work with dischargers to remediate existing or potential problems from unauthorised discharges to the public sewer. Where an unauthorised discharge poses a serious risk or causes harm, Scottish Water will consider submitting a report to the Procurator Fiscal. In the last three years Scottish Water has submitted two reports, however neither proceeded to court.