- Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
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Date lodged: Wednesday, 21 February 2018
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Current Status:
Answered by Keith Brown on 2 March 2018
To ask the Scottish Government what declaration Balfour Beatty has made regarding any previous blacklisting of construction workers when it has completed pre-tendering questionnaires.
Answer
Despite employment law being a reserved matter, the Scottish Government has gone further than any other part of the UK to help eradicate blacklisting from public contracts.
The Public Contracts (Scotland) Regulations 2015 and the Procurement (Scotland) Regulations 2016, which came into effect on 18 April 2016, contain provisions to ensure that companies that blacklist will be excluded from bidding for public contracts.
Businesses found to have breached the Employment Relations Act 1999 (Blacklists) Regulations 2010, or which have admitted this, are excluded from bidding. In order to comply with EU law, exclusion from bidding can only be for a maximum of 3 years from the date of blacklisting and a company which has blacklisted must be given an opportunity to demonstrate that it has taken appropriate remedial actions.
Statutory guidance concerning blacklisting has also been published on 17 March 2016.
Our records show that Balfour Beatty respond to European Single Procurement Documents (pre-invitation to tender questionnaires) by stating that they have not been convicted of breaches under the Employment Relations Act 1999 (Blacklists) Regulations 2010. They have also stated that previous issues regarding a number of Balfour Beatty companies using the services of The Consulting Association (TCA) are historic and that remedial action has been taken. They state that Balfour Beatty is one of eight major construction companies which have joined together to establish The Construction Workers Compensation Scheme to compensate construction workers whose names were on the TCA database.
- Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
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Date lodged: Monday, 19 February 2018
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Current Status:
Answered by James Wolffe QC on 2 March 2018
To ask the Scottish Government how many procurators fiscal have been employed by the Crown Office and Procurator Fiscal Service (COPFS) Health and Safety Division in each year since 2009.
Answer
The Health and Safety Division (a specialist unit within the Crown Office and Procurator Fiscal Service) was created in October 2008. The Division grew steadily from 2009 to 2014. There were 6 legal members of staff in 2009, 8 in 2010, 10 in 2011, 9 in 2012, 11 in 2013, 13 in 2014, 13 in 2015, 10 in 2016 and 12 in 2017.
- Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
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Date lodged: Monday, 19 February 2018
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Current Status:
Answered by James Wolffe QC on 2 March 2018
To ask the Scottish Government how many cases the Crown Office and Procurator Fiscal Service (COPFS) Health and Safety Division has considered for prosecution under its corporate homicide legislation in each year since 2009, and how many subsequent (a) prosecutions and (b) convictions there were.
Answer
COPFS Health and Safety Division lead the investigation and prosecution of all potential cases under the Corporate Manslaughter and Corporate Homicide Act 2007. Its staff provide advice, support and (in the case of Police Scotland) direction to investigators from Police Scotland, the Health and Safety Executive, local authorities and other regulatory agencies in relation to such cases.
Every fatality at a place of work in Scotland is investigated as a potential corporate homicide. The Work Related Death Protocol for Scotland, signed by COPFS, ACPOS, British Transport Police and the HSE, ensures that when a work-related death occurs, a co-ordinated multi-agency investigation takes place, which allows for all possible offences to be considered.
Once reported to the Crown, each case is carefully considered by lawyers within the COPFS Health and Safety Division, on the basis of the relevant law and the available evidence. Since 2009, 14 cases have been reported to the Crown in respect of potential corporate homicide as well as other charges.
Of these cases, three remain under consideration by the Crown. One case, reported in 2011, was marked for no proceedings. The remaining cases have all resulted in a conviction in solemn proceedings, albeit that there have been no prosecutions or convictions under the Corporate Manslaughter and Corporate Homicide Act 2007. In each of those cases, the accused was convicted, in proceedings under section 76 of the Criminal Procedure (Scotland) Act 1995 of breaches of section 2 or section 3 of the Health and Safety at Work etc Work 1974. The court has the same sentencing powers in relation to these offences as it has in relation to corporate homicide.
- Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
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Date lodged: Thursday, 01 February 2018
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Current Status:
Answered by Keith Brown on 28 February 2018
To ask the Scottish Government what contracts (a) it, (b) its agencies and (c) the Scottish Futures Trust has or has had with Capita, broken down by (i) the value of the contract, (ii) the date the contract was signed and (iii) the date the contract was or is expected to be completed.
Answer
Gathering information on the date contracts were signed could only be obtained at a disproportionate cost as it would require the search of historical databases, hard-copy archives and individual contractual agreements, therefore the start date, which is held both within the Public Contracts Scotland system and internal databases, has been used.
Through making use of the Public Contracts Scotland system (where Contract Award Notices are published) and internal databases, the Scottish Government, its agencies and the Scottish Futures Trust has, or has had the following contracts with Capita:
Contracting Authority | Contract Name | Start Date | End Date | Estimated Contract Value |
Scottish Government | Assessment Centres (collaborative framework agreement covering multiple buying organisations) | 02-03-2004 | 30-11-2008 | £1,125,200 |
Scottish Government | Assessment Centres and Related Services (collaborative framework agreement covering multiple buying organisations) | 01-12-2008 | 30-11-2012 | £1,200,000 |
Scottish Government | Assessment Centres and Associated Services (framework agreement covering multiple buying organisations) | 06-11-2013 | 05-11-2017 | £600,000 |
Scottish Government | Open Source Subscription Licenses | 01-02-2014 | 31-01-2015 | £187,508 |
Scottish Government | Review Team Leaders (through access to the Crown Commercial Service "Contingency Labour One" framework agreement) | 22-04-2014 | 16-05-2016 | £0 |
Scottish Government | National Health Service Staff Survey 2014 & 2015 | 01-07-2014 | 31-03-2016 | £408,513 |
Scottish Government | Agriculture, Food and Rural Communities Open Source Subscription Licenses (Red Hat) Extension | 31-01-2015 | 31-01-2016 | £198,762 |
Scottish Government | Assessment Centre to appoint a B3 Systems Administrator | 01-03-2015 | 12-03-2015 | £2,501 |
Scottish Government | Crown Office and Procurator Fiscal Service Infrastructure Transformation Programme, Phase 1 | 09-03-2015 | 30-06-2015 | £99,712 |
Scottish Government | Agriculture, Food and Rural Communities – Futures Programme – Design Review | 21-04-2015 | 15-05-2015 | £10,350 |
Scottish Government | Independent Assurance Reviewers (multi-supplier Framework Agreement) | 01-07-2015 | 30-06-2019 | £0 |
Scottish Government | Wide Area Network services | 26-10-2015 | 31-10-2018 | £5,150,000 |
Scottish Government | Digital and Technology Services Framework | 01-12-2015 | 30-11-2018 | £233,000 |
Scottish Government | F5 Load Balancing Software: Support & Maintenance | 01-12-2015 | 30-11-2018 | £233,000 |
Scottish Government | Infrastructure Support Analyst - Assessment Centre - 05 May 2016 | 05-05-2016 | 05-05-2016 | £1,163 |
Scottish Government | Avaya LAN project - hardware only | 28-11-2016 | 31-01-2018 | £76,842 |
Scottish Government | Avaya LAN - extension to network upgrade under SWAN framework | 08-02-2017 | 31-01-2018 | £6,977 |
Scottish Government | Fortinet Security Solution, SWAN framework - FT code 1 | 16-03-2017 | 31-05-2020 | £10,756 |
Scottish Government | Fortinet Security Solution, SWAN framework - FT code 2-3 | 16-03-2017 | 31-03-2017 | £74,414 |
Scottish Government | Fortinet Engineer Installation In Hours M-F | 30-03-2017 | 30-03-2017 | £8,316 |
Scottish Government | Fortinet PS Days in Hours M-F - SWAN | 09-06-2017 | 09-06-2017 | £2,376 |
Scottish Government | Fortinet Local Area Network: licences, support & maintenance (contract ref. 378265) | 04-07-2017 | 17-10-2022 | £1,359,626 |
Scottish Government | IPNetix consultancy | 20-07-2017 | 20-07-2017 | £2,460 |
Scottish Government | HR Assessment Centres (Framework Agreement) (contract ref. 378265) | 06-12-2017 | 06-12-2019 | £2,000,000 |
Scottish Government | Inventory of the design of high rise housing accommodation in Scotland | 16-01-18 | 28-05-18 | £92,378 |
Scottish Government | Avaya Support 1st February 2018 - 31st January 2019 24 X 7 X 365 Next Business Replacement | 25-01-2018 | 31-01-2019 | £4,851 |
Scottish Government | Capital Switches (includes maintenance) | 25-01-2018 | 24-01-2019 | £49,674 |
Accountancy In Bankruptcy | Sheriff Officer Services | 01-09-2010 | 31-10-2013 | £200,000 |
Accountancy In Bankruptcy | Sheriff Officer Services | 01-11-2013 | 31-10-2017 | £480,000 |
Education Scotland | Scottish Wide Area Network | 14-03-2014 | 31-03-2020 | £8,000,000 |
Scottish Public Pensions Agency | Pension Admin Solution | 01-11-2015 | 31-10-2025 | £5,600,000 |
Accountant in Bankruptcy | Sheriff Officer Services | 01-11-2017 | 22-02-2019 | £255,000 |
Scottish Futures Trust | Value for Money Review for Dumfries and Galloway Royal Infirmary | 26-10-2012 | Mar-13 | £13,230 |
Scottish Futures Trust | Public Sector Reform Conference | 29-08-2013 | 29-08-2013 | £420 |
Scottish Futures Trust | Corporate Travel Arrangements | Nov-14 | Feb-18 | £159,705 |
Scottish Futures Trust | Corporate Travel Arrangements | Nov-14 | Feb-18 | £159,705 |
Scottish Futures Trust | Public Records Management Conference | 18-03-2015 | 18-03-2015 | £1,260 |
Scottish Futures Trust | External Consultancy Appointment - Healthcare Planning and Cost Consultancy | Jan-16 | Mar-16 | £24,000 |
Scottish Futures Trust | Public Sector Records and Info Conference | 05-05-2016 | 05-05-2016 | £430 |
- Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
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Date lodged: Wednesday, 21 February 2018
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Current Status:
Answered by Humza Yousaf on 28 February 2018
To ask the Scottish Government whether it awarded Balfour Beatty a long-term contract worth £125 million to manage and maintain major trunk roads in south west Scotland and, if so, for what reason.
Answer
The Scottish Government has not awarded a contract directly to Balfour Beatty to manage and maintain major trunk roads in the south west of Scotland. However, in 2013 Transport Scotland awarded the Fourth Generation (4G) Term Maintenance and Management Contract for the South West Unit to Scotland TranServ (a Joint Venture between Balfour Beatty and Mouchel).
- Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
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Date lodged: Monday, 19 February 2018
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Current Status:
Answered by Michael Matheson on 28 February 2018
To ask the Scottish Government what plans it has to review its corporate homicide legislation, and what its response is to concerns that statistics suggest that the current law is ineffective.
Answer
The Corporate Manslaughter and Corporate Homicide Act 2007 (“the 2007 Act”) is reserved legislation brought forward by the then UK Government. The legislation provides for corporate liability where the way an organisation’s activities are managed or organised gives rise to a death and the management and organisation of those activities amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased person.
In any given case where sufficient evidence exists, organisations can be prosecuted under the 2007 Act. Separately, individual directors can be prosecuted under common law offence of culpable homicide or offences under health and safety legislation where sufficient evidence exists. Decisions on prosecution are the responsibility of the Lord Advocate.
As the 2007 Act is reserved, it would be a matter for the UK Government to consider whether it should be reviewed.
- Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
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Date lodged: Tuesday, 06 February 2018
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Current Status:
Answered by Aileen Campbell on 27 February 2018
To ask the Scottish Government when the outcome of the Sexual Health and Blood Borne Virus Framework Third Sector Funding Programme will be announced.
Answer
All grant applicants to the funding programme were notified of the outcome of the assessment process by 16 February 2018. The list of successful organisations and projects will be published before the end of this financial year.
- Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
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Date lodged: Monday, 19 February 2018
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Current Status:
Answered by Derek Mackay on 27 February 2018
To ask the Scottish Government how much of the £500 million package of support for private sector businesses, which was announced in its Programme for Government, has been spent, broken down by the (a) type of business supported and (b) average amount of support given.
Answer
To date £25.7m has been invested in 28 companies under the Scottish Growth Scheme.
The type of businesses supported will tend to be young innovative technology based companies, a breakdown of these investments is as follows:
- Textiles 1
- Financial Services 1
- Energy 2
- Creative Industries 5
- Life Sciences 9
- Enabling Technologies 10
- The average amount of support per company is £920K.
- Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
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Date lodged: Friday, 02 February 2018
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Current Status:
Answered by Michael Russell on 21 February 2018
To ask the Scottish Government what plans it has to share with the Parliament its analysis of the scope and process for agreeing joint legislative or policy frameworks following the UK’s exit from the EU.
Answer
I refer the member to the answer to question S5W-14347 on 21 February 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.
- Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
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Date lodged: Friday, 02 February 2018
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Current Status:
Answered by Michael Russell on 21 February 2018
To ask the Scottish Government what plans it has to consult the Parliament regarding its work with the UK Government regarding the scope and process for agreeing joint legislative or policy frameworks following the UK’s exit from the EU.
Answer
The Government welcomed the interim report of the Finance and Constitution Committee on the EU (Withdrawal) Bill, including its observation that the process for the agreement of common frameworks must be transparent and inclusive. As noted in that report, I have regularly updated the Committee on progress with this work, and I will continue to do so.