Questions and answers

Question reference: S6O-04055

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Thursday, 21 November 2024
Current Status: Taken in the Chamber on 28 November 2024

To ask the Scottish Parliamentary Corporate Body whether it will provide an update on the training of MSPs and staff on duties under the Public Interest Disclosure Act 1998.

Question reference: S6W-31480

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 19 November 2024
Current Status: Answer expected on 4 December 2024

To ask the Scottish Government how many control test inspection visits by the Agricultural Wages Enforcement Team involved the use of interpreters (a) on-site and (b) subsequent to the visit, in each of the last five years.

Question reference: S6W-31479

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 19 November 2024
Current Status: Answer expected on 4 December 2024

To ask the Scottish Government how many businesses received correspondence requesting corrections to underpayments identified as part of (a) control test inspections and (b) inspections as a result of a complaint from employees, in each of the last five years.

Question reference: S6W-31482

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 19 November 2024
Current Status: Answer expected on 4 December 2024

To ask the Scottish Government how many businesses have been investigated by the Agricultural Wages Enforcement Team following a complaint from employees in each of the last five years.

Question reference: S6W-31481

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 19 November 2024
Current Status: Answer expected on 4 December 2024

To ask the Scottish Government how many visits by the Agricultural Wages Enforcement Team arising as a result of complaints involved the use of interpreters (a) on-site and (b) subsequent to the visit, in each of the last five years.

Question reference: S6W-30797

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 22 October 2024
Current Status: Answered by Jenny Gilruth on 19 November 2024

To ask the Scottish Government, further to the answer to question S6W-26654 by Jenny Gilruth on 10 May 2024, whether it has any plans to seek to amend section 42(4) of the Education (Scotland) Act 1980 to alter the statutory walking distances of (a) two miles for children aged under eight and (b) three miles for children aged eight or over.

As part of their statutory responsibilities in relation to home to school transport local authorities are also required by the Education (Scotland) Act 1980 to have regard to the safety of pupils.

Where local authorities conclude a route used by pupils to walk to school is unsafe transport should be provided even though the distance falls short of their normal distance criteria. Existing guidance sets out that Ministers expect local authorities to keep their criteria for providing school transport under review and be flexible enough to take into account factors, relative to the nature of the route, which might affect pupil safety.

The Cabinet Secretary for Transport, the Minister for Agriculture and Connectivity and I have commissioned an update to the Scottish Government’s school transport guidance for local authorities to provide further clarity on our expectations in relation to safety.

The statutory minimum walking distances set out in legislation are a long-standing feature of our education system and there are no plans to change them. The Scottish Government published guidance for local authorities regarding home to school transport in 2021.

Question reference: S6W-30796

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 22 October 2024
Current Status: Answered by Jenny Gilruth on 15 November 2024

To ask the Scottish Government whether it will consider seeking to amend section 51 of the Education (Scotland) Act 1980 to ensure that the assessment of the safety of safe walking routes to school is undertaken by an independent body.

As part of their statutory responsibilities in relation to home to school transport local authorities are also required by the Education (Scotland) Act 1980 to have regard to the safety of pupils.

Where local authorities conclude a route used by pupils to walk to school is unsafe transport should be provided even though the distance falls short of their normal distance criteria. Existing guidance sets out that Ministers expect local authorities to keep their criteria for providing school transport under review and be flexible enough to take into account factors, relative to the nature of the route, which might affect pupil safety.

The Cabinet Secretary for Transport, the Minister for Agriculture and Connectivity and I have commissioned an update to the Scottish Government’s school transport guidance for local authorities to provide further clarity on our expectations in relation to safety.

The statutory minimum walking distances set out in legislation are a long-standing feature of our education system and there are no plans to change them. The Scottish Government published guidance for local authorities regarding home to school transport in 2021.

Question reference: S6O-03985

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 13 November 2024
Current Status: Taken in the Chamber on 20 November 2024

To ask the Scottish Government whether local authorities will receive a fair budget settlement.

Question reference: S6W-30996

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Thursday, 31 October 2024
Current Status: Answered by Jim Fairlie on 13 November 2024

To ask the Scottish Government what translation and interpretation support is provided to agricultural wages inspectors when they make visits to workplaces.

Question reference: S6W-30997

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Thursday, 31 October 2024
Current Status: Answered by Jim Fairlie on 13 November 2024

To ask the Scottish Government how many enforcement notices have been issued by the Agricultural Wages Enforcement Team in each of the last five years.

Total number of Enforcement Notices issued by the Agricultural Wages Enforcement Team in each of the last 5 years:

2020: 16

2021: 0

2022: 3

2023: 8

2024: 13

Enforcement Notices (ENs) are issued as a result of non-compliance with AWET correspondence. If an underpayment has been identified as a result of a wages inspection or complaint, ENs are used if an Employer fails to fulfil a request for payment. These act as the end of deliberation between the Employer and AWET, and now form a legal requirement for the Employer to provide reimbursement to an Employee.

Any further objection to the contents of an EN may now only be challenged via Employment Tribunal or an agreed settlement.

Chamber and committees