Chamber and committees

Whether to offer incentives in order to recruit teachers is a decision for each local authority as their employer. The Scottish Government is supporting teacher recruitment by increasing student intake targets, by supporting the creation of new routes to teaching and by working with the General Teaching Council for Scotland to allow teachers from outwith the country to more easily register and work in Scottish schools.

We expect that at least 200 student teachers will be recruited through the new routes. However, the employment of teachers is a matter for local authorities and its not possible for the Scottish Government to determine how many vacancies in individual authorities will be filled as a result of this initiative.

Every life lost on our roads is one too many and the recent tragic fatality on the A948 is a reminder that we still have a way to go before our vision of a Scotland where there are no deaths on Scotland’s roads is realised. This vision, set out in Scotland’s Road Safety Framework to 2020 is underpinned by challenging casualty reduction targets as we aim to make Scotland’s road safer. Speed was identified as a priority focus area for activity through to 2020 in the mid-term review of the Framework which was conducted in 2015-16.

Responsibility for both local road safety and road classification rests with the relevant Local Authority. It is not for Ministers to intervene in a Local Authority's day-to-day performance of these particular duties.

The Scottish Government believes that both parents should be fully involved in their child's upbringing as long as that is in the interests of their child.

Our National Parenting Strategy included several commitments to support fathers. To deliver on these commitments, we work in partnership with a wide range of organisations who support dads. This includes jointly chairing the National Fathers Advisory board, bringing together around 20 organisations to shape policy, share knowledge and collaborate on work.

The current key policy activity is "Year of the Dad", a national campaign running throughout 2016. Year of the Dad celebrates the difference a great dad can make, in particular to child development. Fathers Network Scotland is leading the campaign, with Scottish Government support and funding. We are supporting the campaign because we know that involved dads benefit children and families, and because the campaign fits with the Scottish Government's aims around equality and fairness.

Where parents can't agree, they can ask the court to decide matters. The court's paramount consideration is the welfare of the child.

We intend to review the law in this area - the Children (Scotland) Act 1995 - to ensure the interests of children and their need to form and maintain relationships with key adults in their lives – parents, step-parents, grandparents and other family members – are at the heart of any new statutory measures.

The Scottish Government provides local authorities with block funding through the local government finance settlement. For 2016-17 this amounts to over £10.3 billion with each local authority receiving a share of this total sum.

It is the responsibility of each local authority to manage their own budget and to allocate the total financial resources available to them on the basis of local needs and priorities, including any funding for supporting socially necessary local bus services.

The Scottish Government is very pleased with the long and positive relationship we have built with Japan, which has been an important trading partner for Scotland for many years. As stated in the Programme for Government, published on 6 September 2016, we are committed to strengthening and deepening our engagement with Japan in particular in education, culture and business. We are actively working to take this forward. In 2014, Scottish exports to Japan were valued at £370 million. Today we have 80 Japanese companies in Scotland employing approximately 5,700 people in a range of sectors.

Since 2009, there have been five Scottish Ministerial visits to Japan – the last being by myself in 2015. On this visit, I undertook a wide programme of meetings and engagements which were built around a number of key themes; trade and investment, golf, food and drink, culture and renewable energy.

We are committed to delivering maximum value for Scotland through our overseas engagement which is guided by our International Framework, published on 20 March 2015.

The Scottish Government recognises the value of language learning to young people and the opportunities it can open up for them as they make their way through learning and life. As stated in the Programme for Government, we are committed to strengthen and deepen our engagement with Japan in particular in education, culture and business.

Our ‘1 + 2 language policy’ will enable children to learn a first additional language (L2) from Primary one and a second (L3) from Primary five. This policy provides the opportunity for Japanese to become part of the range of options available on offer as part of the second additional language.

However the Scottish Government does not encourage one language over another. We expect that a rich and diverse landscape will develop as the policy becomes established, particularly around the second additional language.

The Scottish Funding Council’s Outcome Agreement guidance encourages Scotland’s universities and colleges to grow the number of students developing their foreign language skills, and demonstrate commitment to English for Speakers of Other Languages provision, whether as part of a formal course of study or as complementary learning. This is intended to support the Scottish Government’s ambition for all school pupils to acquire two languages in addition to their mother tongue.

I refer the member to the answer to question S5W-04352 on 9 November 2016 and add that the Mental Health (Care and Treatment) (Scotland) Act 2003 sets out when and how people can be treated if they have a mental disorder. The Act is underpinned by a set of guiding principles which includes safeguards to ensure peoples rights are protected.

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

Scottish mental health and incapacity legislation is based on rights and principles.

The Scottish Government is working with partners including the Mental Welfare Commission, the Office of the Public Guardian and professional and human rights bodies to develop changes to the Adults with Incapacity Act, in relation to deprivation of liberty, and to assess compliance with UN Convention on the Rights of Persons with Disabilities by 2018.

The most recent reform of mental health legislation was through the Mental Health (Scotland) Act 2015, which was passed by the Scottish Parliament last year. The 2015 Act strengthened measures in the Mental Health (Care and Treatment)(Scotland) Act 2003 that promote support for decision making, including those for independent advocacy, advance statements and named persons. The 2015 Act is currently being implemented and we are looking at ways to further promote rights-based practice under the 2003 Act, including when updating the statutory guidance in the Code of Practice. Alongside this, we are committed to a review which will consider whether the provisions in the 2003 Act fulfil the needs of people with Learning Disabilities and Autism.

As noted in the response to S5W-03040 on 30 September 2016, a patient’s capacity to consent to treatment is assessed by experienced, specialist clinicians subject to the safeguards in Part 16 of the Mental Health (Care and Treatment) (Scotland) Act 2003, and having regard to guidance issued by the Mental Welfare Commission.

Our view is that the 2003 Act is fully compliant with the European Convention on Human Rights (ECHR). The 2003 Act has never been found, in part or in whole, by the European Court of Human Rights to be not compliant with ECHR.

There are several provisions in the 2003 Act which promote support for decision making and to help service users exercise their legal capacity. Anyone discharging a function under the 2003 Act must have regard to the present and past wishes and feelings of the patient, have regard to the importance of the patient participating as fully as possible in the discharge of the function and to the importance of providing the information and support necessary to the patient to participate.

In addition, all service users have the right to support from an independent advocate, to make an advance statement setting out what treatment they would and would not like to receive, to be represented by a solicitor at Tribunal hearings and the right to a named person (often a carer or relative) who can represent their interests. Provisions that promote support for decision making were strengthened by the Mental Health (Scotland) Act 2015, including by includes service users more control over who their named person is and strengthening the position of advance statements and advocacy which help service users express their will and preferences.

I also refer the member to the answer to question S4W-04703 on 23 November 2016 which sets out further information on the action the Scottish Government is taking to enhance rights-based practice under the Mental Health (Care and Treatment) (Scotland) Act 2003.

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