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: S6W-26038

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Thursday, 07 March 2024
Current Status: Answered by Tom Arthur on 20 March 2024

To ask the Scottish Government, further to the answer to question S6W-25326 by Tom Arthur on 6 March 2024, whether it will detail exactly what options are being explored to implement Air Departure Tax in the manner described.

Question reference: S6W-26040

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Thursday, 07 March 2024
Current Status: Answered by Tom Arthur on 20 March 2024

To ask the Scottish Government whether it (a) has made and (b) is considering making a referral to the Competition and Markets Authority highlighting a Highlands and Islands exemption in its planned devolved Air Departure Tax as a subsidy of particular interest.

The Scottish Government has not made a referral to the Subsidy Advice Unit at the Competition and Markets Authority. Any future proposal for Air Departure Tax or a proposal relating to the Highlands and Islands exemption will be assessed for compliance with the Subsidy Control Act and will be referred to the Subsidy Advice Unit if they meet the mandatory referral requirements of a Subsidy of Particular Interest .

Question reference: S6W-26005

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Wednesday, 06 March 2024
Current Status: Answered by Shona Robison on 19 March 2024

To ask the Scottish Government when the next meeting of the Orkney Ferries Replacement Task Force will take place.

Question reference: S6W-25975

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Tuesday, 05 March 2024
Current Status: Answered by Mairi McAllan on 18 March 2024

To ask the Scottish Government, further to the answer to question S6W-19266 by Mairi McAllan on 28 June 2023, whether it will specify the criteria for designating Marine Protected Areas (MPAs) and explain how these differ from the criteria for monitoring MPAs, as set out in the previous answer.

Designation of Nature Conservation Marine Protected Areas (ncMPAs) is underpinned by the Marine (Scotland) Act 2010 in inshore waters (0-12 nautical miles) and the UK Marine Coastal Act 2009 in offshore waters (12-200 nautical miles).

Classification of Special Areas of Conservation (SACs) and Special Protection Areas (SPAs) are governed by provisions within the Conservation (Natural Habitats &c.) Regulations 1994 (as amended) in Scotland.

Criteria differs for each site however, the overarching principles remain the same. Site selection for MPAs undertakes a science-based approach that is set out in separate site selection guidelines for ncMPAs , SACs and SPAs .

Question reference: S6W-25977

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Tuesday, 05 March 2024
Current Status: Answered by Mairi McAllan on 18 March 2024

To ask the Scottish Government, further to the answer to question S6W-25408 by Mairi McAllan on 4 March 2024, whether it will confirm (a) which sites are due to be surveyed in (i) 2024 and (ii) 2025 and (b) where information on recent and upcoming surveys can be publicly accessed, in light of the resource that was linked to the previous answer appearing not to have been updated since 2018.

The updated MPA Monitoring Strategy Annexes will be published on the Marine Directorate website by the end of March 2024.

This will include:

a) The plan for surveys undertaken in 2023 and proposals for upcoming surveys in 2024. The planned surveys for 2024 are indicative and can be subject to change due to survey logistics and programme focus.

b) Information on the recent surveys in 2021 & 2022.

The information on surveys conducted in 2023 will be published later in 2024.

Question reference: S6W-25976

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Tuesday, 05 March 2024
Current Status: Answered by Mairi McAllan on 18 March 2024

To ask the Scottish Government, further to the answer to question S6W-19266 by Mairi McAllan on 28 June 2023, whether it will provide an updated table listing any additional monitoring carried out, further to the surveys detailed in the previous answer.

Question reference: S6W-25326

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Wednesday, 07 February 2024
Current Status: Answered by Tom Arthur on 6 March 2024

To ask the Scottish Government, further to the answer to question S6W-22049 by Tom Arthur on 20 October 2023, whether it can provide an update on the work that is being undertaken to implement a devolved tax, and whether it will provide more details regarding any barriers to its implementation.

The introduction of Air Departure Tax (ADT) was deferred due to state aid issues raised in relation to the Highlands and Islands exemption. In January 2023, the UK Government replaced EU state aid rules with its own subsidy control regime.

The Scottish Government continue to explore all options to implement ADT in a way that protects Highlands & Islands connectivity and complies with the UK Government’s subsidy control regime.

Question reference: S6W-25595

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Tuesday, 20 February 2024
Current Status: Answered by Patrick Harvie on 5 March 2024

To ask the Scottish Government, regarding the publication of Local Heat and Energy Efficiency Strategies (LHEES) and delivery plans by local authorities, whether it will provide an update on which local authorities' (a) LHEES and (b) delivery plans (i) were published by and (ii) have been published since 31 December 2023.

Eleven local authorities published their Local Heat and Energy Efficiency Strategies (LHEES) and Delivery Plans by 31 December 2023.

Between 1 January 2024 and the time of writing, a further two local authorities have published their Local Heat and Energy Efficiency Strategies and Delivery Plans. One of these two local authorities (Renfrewshire Council) have are yet to publish their Delivery Plan. This brings the total published documents to thirteen.

Nineteen local authorities have yet to publish their Local Heat and Energy Strategies and Delivery Plans. Local authorities cite a number of challenges that have hindered their ability to meet the deadline, including recruiting staff, procuring technical consultants, the timing of governance processes, data access and timescales for stakeholder engagement.

Scottish Government officials continue to engage closely with local authorities to support them in publishing their LHEES. This includes provision of an independent review service to provide feedback to ensure they meet the requirements set out in the guidance, one-to-one capacity support training, in-person visits to raise awareness at senior level and through tailored online sessions.

A table of local authorities which have published their LHEES and whether or not they met the deadline of 31 December 2023 is as follows.

LOCAL AUTHORITY	PUBLISHED BY 31 DECEMBER 2023
City of Edinburgh Council	Yes
Clackmannanshire Council	Yes
Comhairle Nan Eilean Siar	Yes
Dumfries & Galloway Council	Yes
Falkirk Council	Yes
Fife Council	Yes
Glasgow City Council	Yes
Highland Council	Yes
North Ayrshire Council	No
North Lanarkshire Council	Yes
Renfrewshire Council	No
Stirling Council	Yes
West Lothian Council	Yes

An LHEES has two parts which are integral to each other.

A Local Heat and Energy Efficiency Strategy is a long-term strategic framework for the improvement of the energy efficiency of buildings in the local authority’s area, and the reduction of greenhouse gas emissions resulting from the heating of such buildings.

A Local Heat and Energy Efficiency Delivery Plan is a document setting out how a local authority proposes to support implementation of its Local Heat and Energy Efficiency Strategy.

Question reference: S6W-25596

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Tuesday, 20 February 2024
Current Status: Answered by Patrick Harvie on 5 March 2024

To ask the Scottish Government whether any local authorities that are yet to publish their Local Heat and Energy Efficiency Strategy (LHEES) and delivery plan have indicated by what date these will be completed, and, if so, (a) which ones and (b) what timeframes have been offered.

The Scottish Government is able to confirm that we are expecting around a further 9 local authorities to publish their LHEES by the end of March 2024, with the remaining LHEES expected to be published by the end of the summer.

We are encouraged by the quality of the LHEES published to date. The local authorities have taken a reasonably consistent approach in development of their LHEES, and those covering cities and urban areas have identified strong heat network opportunities.

The Scottish Government is aware that, in developing LHEES, local authorities have faced a number of challenges which have hindered their ability to meet the deadline, including recruiting staff, procuring technical consultants, the timing of governance processes, data access and timescales for stakeholder engagement.

We continue to engage closely with local authorities to support them finalising their LHEES. Through our quarterly check ins we are able to understand their progress and provide tailored support where required including technical assistance through Zero Waste Scotland.

An LHEES review service has also been provided to act as a critical friend for local authorities, providing feedback to ensure they are able to meet the requirements set out in the LHEES Guidance.

The Scottish Government is providing long term funding to support local authorities to develop and deliver their LHEES with funding committed for each local authority of £75,000 per year until 2027-28.

Question reference: S6W-25292

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Tuesday, 06 February 2024
Current Status: Answered by Angela Constance on 4 March 2024

To ask the Scottish Government what its response is to the findings of the report, Nothing to See Here, which was published on 5 February 2024, and, in particular, the findings that (a) "official narratives" suggest that most deaths in custody are "regrettable but inevitable" and (b) "FAIs are normalising the deaths of drug users as inevitable".

Every death in custody is tragic and a matter for concern. We will carefully consider the findings of this report. The health and wellbeing of all those in custody is a priority for this Government and we continue to work with partners to ensure their safety.

Regarding drug use in custody, the Scottish Government funds a variety of programmes aimed at encouraging recovery. This includes the Prison Recovery Project, which supports access to recovery options and choice in prison, as well as creating links to the community and the Prison to Rehab pathway, which enables individuals to access residential rehabilitation on release from prison.

More broadly, the Scottish Government is supporting a range of actions in relation to deaths in custody: the Scottish Prison Service recently completed a thorough review of their Death in Prison Learning Audit and Review process, designed to improve their support for vulnerable people in their care; His Majesty’s Inspectorate of the Constabulary Scotland has undertaken joint healthcare inspections of police custody facilities, working with Healthcare Improvement Scotland to ensure that health issues are fully considered; and the Mental Welfare Commission recently concluded pilot work to develop a new investigatory system for those who died while subject to an order under mental health legislation.

The Lord Advocate is constitutionally responsible for the investigation of sudden, unexpected and suspicious deaths in Scotland. Any conclusions reached or recommendations made at the end of a Fatal Accident Inquiry are a matter for the Sheriff who has heard all the evidence.