Chamber and committees

We understand the concerns raised in relation to the use of fire lanterns and we are working with stakeholders to avoid all sources of litter. A number of Scottish Local Authorities already have a release ban in place on balloons and sky lanterns.

Issues related to product safety are a matter reserved to Westminster.

The Scottish Government is funding a range of Third Sector organisations including Waverley Care and the Scottish Drugs Forum to challenge HIV and hepatitis C related stigma, promote good sexual health, tackle health inequalities and improve early access to testing and treatment. This work specifically targets the most vulnerable groups such as men who have sex with men, those who inject drugs, Scotland’s African community, young people with learning difficulties and sex workers.

We have also asked NHS Boards to consider using innovative approaches to delivering treatment and testing services, including integration with harm reduction and recovery services for people who inject drugs. A Short Life Working Group on HIV testing is currently considering new and innovative approaches and will make recommendations this year.

The overarching purpose of the Sexual Health and Bloodborne Virus Framework is to strengthen and improve the way in which the NHS, the Third Sector and Local Authorities support and work with individuals at risk of poor sexual health or bloodborne viruses. The Framework specifies that these organisations should work in partnership to ensure interventions continue to be targeted towards particularly vulnerable groups.

The implementation of the Framework is supported by a range of national networks with representation from NHS Boards and Third Sector organisations. These networks act as forums for debate and discussion, and as a way to exchange best practice and improve multi-agency planning. The Scottish Government funds a variety of national Third Sector organisations to support this policy and improve practice in partnership with NHS Boards.

The response to question S5W-14971 made clear that that the situation envisaged in the question did not arise in relation to the legislation for the independence referendum in 2014. All Bills promoted by the Scottish Government are taken forward in line with the requirements of the Scotland Act 1998 for statements on legislative competence.

There is very little recorded evidence of sky lantern displays having a harmful impact on livestock in Scotland.

Assessing whether it is in the public interest to hold a discretionary fatal accident inquiry in relation to a death will depend very much on the particular facts and circumstances surrounding the death. In terms of section 4 of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (the 2016 Act) consideration of the public interest arises only if the death was sudden, suspicious or unexplained, or occurred in circumstances giving rise to serious public concern.

Among the considerations which will be taken into account, the Lord Advocate will have regard to the findings which a Sheriff may make under section 26 of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 and what an inquiry could achieve. The views of the deceased's family will be taken into account before a decision is made.

The factors which will require to be taken into account, and the weight to be given to each factor, will vary depending on the circumstances of each death.

The new standard will be introduced in Autumn 2018, with a two-year period for compliance once the regulations are in force. We are working with the Scottish Fire and Rescue Service (SFRS) and relevant private and social landlord organisations to raise awareness of the new standard and ensure that vulnerable and older tenants receive the assistance and information they may need. Local authorities have broad discretionary powers to provide advice and assistance to home owners with work needed to look after their homes.

A joint awareness raising campaign round Fire and Smoke Alarms in Scottish Homes will be taken forward, coordinated across SFRS, Scottish Government and the Convention of Scottish Local Authorities to ensure consistency in approach in all local authority areas. This campaign will look at addressing the risk of unscrupulous electricians potentially targeting vulnerable and older tenants in our communities. It will also address the risk that people may buy more alarms only to discover they have bought the wrong type that do not meet the new regulations .

The proposed new standards for fire and smoke alarms extend those which currently apply in the Private Rented Sector (PRS) to housing of all tenures. In the PRS, landlords should therefore already be complying, and the standard is enforced by the right of tenants to apply to the First-tier Tribunal for Scotland (Housing and Property Chamber). Penalties for non-compliance would be determined by the Tribunal.

In the social housing sector the standard will be monitored by the Scottish Housing Regulator, who may intervene as they deem appropriate for any non-compliance.

In the owner occupied sector, as this will be a minimum standard for safe houses, local authorities will be able to use their statutory powers to require owners to carry out work on substandard housing, although we would expect any intervention to be proportionate. These powers may also be applied to housing in the social or private rented tenures.

As a general principle, home owners are responsible for the costs of on-going work needed to protect and preserve their own property. As with other housing standards, it will be the responsibility of the homeowner, or landlord if the property is rented, to meet the new fire and smoke alarm standard. Local authorities have broad discretionary powers to provide advice and assistance to home owners with work needed to look after their homes.