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: S5W-29141

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 19 May 2020
Current Status: Answered by Humza Yousaf on 4 June 2020

To ask the Scottish Government whether it regards variations in sexual characteristics as an identity characteristic for the purposes of the Hate Crime and Public Order (Scotland) Bill.

Question reference: S5W-29142

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 19 May 2020
Current Status: Answered by Humza Yousaf on 4 June 2020

To ask the Scottish Government what its reasons are for adopting the terminology of VSCs (Variations in Sex Characteristics) for the purposes of the Hate Crime and Public Order (Scotland) Bill, rather than DSDs (Differences in Sex Development), which is used by NHS Scotland and its Scottish Differences in Sex Development Network.

The Scottish Government is aware that other terms are also in use, such as ‘intersex’ or ‘difference in sex development’. People with a variation will also have their own preferred language and might refer to their specific variation or diagnosis. The Hate Crime and Public Order (Scotland) Bill does not seek to impose the language of ‘variations in sex characteristics’ on individuals or organisations. The term ‘variations in sex characteristics’, as opposed to ‘intersex’, is used as this is an inclusive term, increasingly being adopted by stakeholders.

Question reference: S5W-29138

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 19 May 2020
Current Status: Answered by Humza Yousaf on 4 June 2020

To ask the Scottish Government what analysis it has undertaken to establish the need to include variations in sexual characteristics as an aggravating factor under its proposed reforms of hate crime legislation, and whether it will place any analysis in the Scottish Parliament Information Centre (SPICe).

In his review, Lord Bracadale recommended that ‘intersex’ should be included as a separate category within hate crime legislation rather than a sub-category of transgender identity.

On 14 November 2018 the Scottish Government’s ‘One Scotland: hate has no home here’ consultation sought views on whether ‘variations in sex characteristics (intersex) should be a separate category from transgender identity in Scottish hate crime legislation’, in line with Lord Bracadale’s recommendation.

The majority of organisations who responded agreed with Lord Bracadale’s recommendation to include ‘intersex’ as a separate category from transgender identity within hate crime legislation.

Since the enactment of the Offences (Aggravation by Prejudice) (Scotland) Act 2009, it has become clear that there are concerns with listing ‘intersexuality’ as an aspect of transgender identity. ‘Intersex’ and transgender identity are now widely understood to be two separate and distinct characteristics (‘intersex’ relating to physical sex development that is different to what is generally expected of males and females, and transgender identity relating to a person’s gender identity).

Whilst the wording of the 2009 Act reflected understanding of the position at the time of enactment, this is no longer the case. Therefore the Hate Crime and Public Order (Scotland) Bill removes ‘intersexuality’ from the definition of transgender identity given the clear differences between ‘intersex’ and transgender identities. However, so as not to lessen protection already well established in legislation, the Bill includes ‘variations in sex characteristics’ as a separate characteristic within hate crime law.

The Hate Crime and Public Order (Scotland) Bill does not seek to impose the language of ‘variations in sex characteristics’ on individuals or organisations. The term ‘variations in sex characteristics’, as opposed to ‘intersex’, is used as this is an inclusive term, increasingly being adopted by stakeholders.

Question reference: S5W-29139

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 19 May 2020
Current Status: Answered by Humza Yousaf on 4 June 2020

To ask the Scottish Government what its definition of “sexual characteristics” is in its proposed Hate Crime and Public Order (Scotland) Bill.

The Hate Crime and Public Order (Scotland) Bill sets out ‘variations in sex characteristics’ as a reference to a person being born with physical and biological sex characteristics which, taken as a whole, are neither those typically associated with males nor those typically associated with females.

The definition of ‘variations in sex characteristics’ includes people whose physical sex development is different from what is generally expected for males and females.

The phrase ‘physical and biological sex characteristics’ is not specifically defined in the Bill, meaning that the phrase takes its ordinary meaning in the context and would include genetic, chromosomal, gonadal, anatomical and hormonal characteristics.

Although ‘variations in sex characteristics’ is used in the Bill, the Scottish Government is aware that other terms are also in use, such as ‘intersex’ or ‘differences of sex development’. People with a variation will also have their own preferred language and might refer to their specific variation or diagnosis.

Question reference: S5O-04406

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 03 June 2020
Current Status: Taken in the Chamber on 11 June 2020

To ask the Scottish Government how many police officers have been tested for COVID-19.

Question reference: S5W-29143

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 18 May 2020
Current Status: Answered by Humza Yousaf on 3 June 2020

To ask the Scottish Government what its response is to reported criticism that its policy of closing local courts and moving business to hubs during the COVID-19 outbreak may actually increase the risk of spreading the virus.

Question reference: S5W-29136

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 18 May 2020
Current Status: Answered by Joe FitzPatrick on 28 May 2020

To ask the Scottish Government whether all prisoners are tested for COVID-19 prior to release and, if so, at what point.

Question reference: S5W-29026

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 12 May 2020
Current Status: Answered by Humza Yousaf on 27 May 2020

To ask the Scottish Government whether formal guidance or direction has been issued to sheriffs to avoid sentencing offenders to prison terms during the COVID-19 lockdown.

Sentencing decisions in individual cases are entirely a matter for the court to take within the overall legal framework, taking account of all the relevant facts and circumstances of the case.

The Scottish Ministers do not issue guidance or direction to sheriffs regarding the sentencing of offenders. The Scottish courts are entirely independent of the Scottish Ministers and the Lord President is constitutionally and legally responsible for the efficient disposal of business within the courts and for the issuing of guidance to the judiciary.

Question reference: S5O-04362

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 20 May 2020
Current Status: Taken in the Chamber on 28 May 2020

To ask the Scottish Government what meetings it has had with Aberdeen City Council since the COVID-19 crisis began.

Question reference: S5W-28818

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 30 April 2020
Current Status: Answered by Humza Yousaf on 20 May 2020

To ask the Scottish Government for what reason police officers who are asymptomatic but attend incidents where there is a high risk of exposure to COVID-19 are reportedly not being tested for the virus.

Police officers and staff who are feeling concerned about their health or wellbeing following a Covid-19 interaction can contact their HR department to be risk assessed, following which a decision can be made on whether testing is appropriate. This position has been welcomed by the Scottish Police Federation.

The tests that are currently available are effective at identifying people who have COVID-19, but only when they are symptomatic. If someone is asymptomatic, then the tests cannot reliably detect infection prior to the onset of symptoms.

The testing of police officers and staff is important and they will continue to have priority access to testing for as long as is necessary.