Chamber and committees

As part of on-going Contract Management of all its major contracts, the Scottish Government monitors the financial health of its contractors. Due to the varying size and complexity of the contracts involved, the type and level of assessment is undertaken on a contract by contract basis and is proportionate and relevant. Where this process identifies challenges that must be taken account of, we work closely with contractors and those in receipt of the associated services to identify the most appropriate route forward.

Contingency planning includes seeking alternative provision where applicable, or in the case of Joint Ventures, partners that are jointly and severally liable taking on work. These contingencies ensure continuity of public service provision.

This is revisited with contractors on a regular basis.

Public bodies may select suppliers to be invited to bid based upon a number of criteria. One such criterion is that public bodies may set requirements relating to economic and financial standing designed to determine if the potential bidder has the necessary economic and financial capacity to perform the contract. Decisions as to the precise nature of these requirements are taken on a contract-by-contract basis and are proportionate to the value and complexity of the contract or framework. Where it is felt that further reassurance is required the Scottish Government may ask for contractors to provide Parent Company Guarantees to help alleviate potential financial risks.

As part of on-going Contract Management of all its major contracts, the Scottish Government monitors the financial health of its contractors, with the amount of scrutiny being related to the risk profile of the particular supplier and/or contract.

If something warrants further investigation, the Scottish Government works with Contractors to fully understand the issue and ensure continuity of public service provision.

In respect of Non-Profit Distribution Programme (NPD) and hub programmes, the tender processes for both programmes included an assessment of the financial standing of contracting entities at the time of tendering and entering into the contract, including a review of their debt positions. During the operational phases, procuring authorities who hold contracts with private sector partners are responsible for putting in place appropriate procedures to monitor contracts on an on-going basis.

The Scottish Government also liaises with the UK Government to monitor the financial health of key suppliers.

It would be inappropriate for the Scottish Government to publish a list of contractors where debt levels were a concern, as this could be deemed market sensitive.

As part of on-going Contract Management of all its major contracts the Scottish Government monitors the financial health of its contractors. Due to the varying size and complexity of the contracts there is not a specific level of debt which would constitute a concern. The type and level of assessment is undertaken on a contract by contract basis and is proportionate and relevant. The Scottish Government also works with parts of Government in the UK to monitor the financial health of key suppliers where applicable.

The regulation of pensions is a reserved matter and the issues raised by the Carillion situation are likely to be governed by those regulations. Nonetheless public bodies may select suppliers to be invited to bid based upon a number of criteria. One such criterion is that public bodies may set requirements relating to economic and financial standing designed to determine if the potential bidder has the necessary economic and financial capacity to perform the contract and fulfil its financial requirements and commitments. One mandatory criterion is that all public contractors must meet all legal and tax obligations, including those relating to employees. Decisions as to the precise nature of non-mandatory requirements are taken on a contract-by-contract basis and are proportionate and relative depending on the value and complexity of the contract or framework.

In respect of Non-Profit Distribution Programme (NPD) and hub programmes, the tender processes for both programmes in selecting their private partners included an assessment of the financial standing of contracting entities at the time of tendering and entering into the contract including a review of their debt positions.

In suspicious deaths a post mortem examination is a necessary part of the Crown investigation. In law, the defence have a right to instruct a post mortem examination on behalf on an accused person. "Equality of arms" is a key component of the principle of the right to a fair trial, enshrined in Article 6 of the European Convention on Human Rights. 

It is, however, possible that improvements can be made on current practice. The Crown Office and Procurator Fiscal Service have advised that they are currently working with Forensic Pathologists on a revised Post Mortem Examination Protocol that may help reduce the number of further post mortem examinations instructed by the defence.

The use of contextualised admissions is just one of a range of methods to support those from underrepresented groups to access higher education. The Commission on Widening Access considered the barriers faced by those from socioeconomically deprived backgrounds and those with a care experience. It concluded that access thresholds were justified and had the potential to increase the participation for these two groups of learners.

As for any group of learners, we must consider the specific access barriers that students with a disability face to identify the most appropriate interventions that can assist them. Scottish Government analysts will shortly convene a group of key stakeholders to look at measures, in addition to the Scottish Index of Multiple Deprivation, to support our work on access.

As previously answered in S5W-13813, the Inquiry, including how it chooses to engage with survivors is completely independent of Government. This includes any awareness raising and on-going communication with any particular population. The Scottish Government and its funded services do alert survivors to the existence of the Inquiry and offer advice on how to contact it, whenever appropriate.

Scottish Government funded services continue to undertake outreach work focused at prisoner and homeless populations, to ensure that people in these populations who may have been abused in an in care setting are aware of what is available to them.

Future Pathways have been working with the Scottish Prison Service to raise awareness of their service among prisoners across Scotland. They have also prioritised engagement with the homeless population, meeting with organisations such as Shelter and the Scottish Federation of Housing Associations to raise awareness.

The National Confidential Forum has a specific application and hearing process for the Prison Service. From the outset, the Forum spent considerable time establishing links and an agreed understanding of the nature and visit requirements of their work with the prisons. They also identified link workers for each prison in Scotland. They have also established links with organisations providing support for homeless people and have facilitated outreach information sessions to raise awareness.

I refer the member to the answer to question S5W-13853 on 29 January 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

The provision and management of an individual’s NHS treatment or care is a clinical matter.

When a person has concerns about their treatment or care this should be addressed at local level through the NHS complaints procedure. When that does not prove possible the Scottish Public Services Ombudsman is the second and final stage in the complaints process.

Under powers contained in the National Health Service (Scotland) Act 1978, Scottish Ministers can direct NHS Boards and can intervene where there are service failures.

I regularly meet with people who want to share their experiences of NHS treatment or care. Accessibility and listening to the public is an important part of my role as Cabinet Secretary for Health and Sport.