Questions and answers

Question reference: S6O-02473

Asked by: Finlay Carson, MSP for Galloway and West Dumfries, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 30 August 2023
Current Status: Taken in the Chamber on 7 September 2023

To ask the Scottish Government whether it will provide an update on the second Strategic Transport Projects Review in relation to improving the A75.

Question reference: S6W-20426

Asked by: Finlay Carson, MSP for Galloway and West Dumfries, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 09 August 2023
Current Status: Answered by Mairi Gougeon on 29 August 2023

To ask the Scottish Government how many livestock inspections were undertaken by the Rural Payments and Inspections Division to "make sure cattle keepers are complying with animal identification and traceability, and (where applicable) voluntary coupled support scheme legislation set by the United Kingdom and European Union" in the last five years, broken down by each of the regional offices, and how many years of records in total are covered by all of the inspections in this period.

The number of Cattle Identification livestock inspections undertaken by the Scottish Government Rural Payments and Inspections Division on cattle keepers in the last five years is provided in the following table.

Cattle Identification Inspections (CII) undertaken in the last five years
SGRPID regional office	2023	2022	2021	2020	2019	Total no. CIIs per AO	Number of years of records that are included in the inspections
Ayr	32	46	39	41	73	231	29
Benbecula	14	18	3	19	18	72	24
Dumfries	27	51	23	46	57	204	29
Elgin	13	16	9	20	16	74	26
Galashiels	24	35	13	38	47	157	28
Golspie	10	14	7	4	16	51	19
Hamilton	20	33	14	23	36	126	29
Inverness	24	29	10	23	50	136	26
Inverurie	52	67	42	72	90	323	28
Kirkwall	19	23	13	18	22	95	28
Lerwick	10	10	7	14	12	53	21
Oban	23	29	7	29	35	123	27
Perth	47	59	43	51	77	277	30
Portree	11	13	3	3	19	49	21
Stornoway	9	10	3	6	12	40	20
Thurso	20	23	14	25	29	111	26

Question reference: S6W-20152

Asked by: Finlay Carson, MSP for Galloway and West Dumfries, Scottish Conservative and Unionist Party
Date lodged: Friday, 21 July 2023
Current Status: Answered by Jenny Gilruth on 16 August 2023

To ask the Scottish Government whether the Scottish Public Services Ombudsman (SPSO) has any role in relation to the curriculum offering or subjects taught in local authority-run schools, and, if so, what its role is.

Under the Scottish Public Services Ombudsman Act 2002 The Scottish Public Services Ombudsman is excluded from considering complaints about the curriculum offering or teaching. They can consider complaints about complaints handling.

While the Curriculum for Excellence provides the overarching framework and sets out the eight curriculum areas, the statutory responsibility for the delivery of education sits with local authorities and schools under the Education (Scotland) Act 1980.

Question reference: S6W-20153

Asked by: Finlay Carson, MSP for Galloway and West Dumfries, Scottish Conservative and Unionist Party
Date lodged: Friday, 21 July 2023
Current Status: Answered by Jenny Gilruth on 16 August 2023

To ask the Scottish Government what steps are required, under the Schools (Consultation) (Scotland) Act 2010, to (a) disestablish or dissolve an all-through school and (b) create new partnerships with other schools; whether pupils and parents within the existing catchment area have any involvement in such decisions, and, if so, what their involvement is.

The Schools (Consultation) (Scotland) Act 2010 does not make any specific provision regarding all-through schools or the establishment of partnerships between schools, for example, regarding school management. It is primarily for local authorities to consider whether any proposed significant change to a school is a “relevant proposal” as set out in Schedule 1 of the Schools (Consultation) (Scotland) Act 2010 and, if so, to comply with its requirements.

Where a proposal would result in the permanent discontinuance of a school, or stage of education in a school, the local authority must publish a proposal paper, which includes a statement of the educational benefits of the proposal. The consultation must last for at least 30 school days. The local authority must let relevant consultees, including affected parents, Parent Council(s) and pupils, know about the consultation and invite responses. A public meeting must also be held. The local authority must invite Education Scotland to prepare a report on the educational aspects of the proposal. The local authority must publish a consultation report which responds to issues raised through the consultation period.

If the proposal involves the closure of a rural school, or stage of education in a rural school, the local authority must also comply with additional requirements, including considering reasonable alternatives to closure and only proceeding if closing the school is the most appropriate response to the reasons it has identified for making the proposal. For rural schools, a number of these steps must be carried out before the local authority embarks on the formal consultation as set out above.

Question reference: S6W-20150

Asked by: Finlay Carson, MSP for Galloway and West Dumfries, Scottish Conservative and Unionist Party
Date lodged: Friday, 21 July 2023
Current Status: Answered by Jenny Gilruth on 16 August 2023

To ask the Scottish Government whether local authorities have the ability to remove core subjects from a senior phase school without consultation under the Schools (Consultation) (Scotland) Act 2010.

The Schools (Consultation) (Scotland) Act 2010 does not require local authorities to consult on the removal of subjects from a school’s curriculum offer.

Under the Education (Scotland) Act 1980, the statutory responsibility for the delivery of education sits with local authorities.

While the Curriculum for Excellence provides the overarching framework and sets out the eight curriculum areas, it is a matter for individual schools and authorities to tailor their detailed curriculum offer.

Question reference: S6W-20151

Asked by: Finlay Carson, MSP for Galloway and West Dumfries, Scottish Conservative and Unionist Party
Date lodged: Friday, 21 July 2023
Current Status: Answered by Jenny Gilruth on 16 August 2023

To ask the Scottish Government what mechanism is in place to remedy any non-compliance by local authorities with the provisions of the Schools (Consultation) (Scotland) Act 2010.

It is the responsibility of the relevant local authority to comply with the provisions of the Schools (Consultation) (Scotland) Act 2010 (“the 2010 Act”).

The Scottish Government has a power to call in a proposal to permanently discontinue a school or a stage of education if it appears to Ministers that one of the grounds in section 17(2) of the 2010 Act applies. Where a call-in notice has been issued, Ministers must refer the proposal to the Convener of the School Closure Review Panel.

If Ministers are of the view that a local authority has failed to discharge a statutory duty relating to school education, they may take action under section 70 of the Education (Scotland) Act 1980 (“the 1980 Act”) in certain circumstances. Ministers would require evidence of such a failure before taking the action permitted by the 1980 Act.

In addition, Judicial Review may be available in respect of a failure of a public authority to comply with its statutory obligations.

Question reference: S6W-18929

Asked by: Finlay Carson, MSP for Galloway and West Dumfries, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 21 June 2023
Current Status: Answered by Jenni Minto on 11 July 2023

To ask the Scottish Government what steps it is taking to ensure that rural communities have access to pharmacy services, within a reasonable distance, in light of reports of continuing shortfalls in pharmacist recruitment in remote and rural communities.

It is for individual Health Boards to ensure that communities have access to pharmacy services within a reasonable distance. However, in our strategy for pharmaceutical care in Scotland ‘Achieving Excellence in Pharmaceutical Care’ (2017) we committed to enhancing access to pharmaceutical care in remote and rural communities, which included use of Attend Anywhere for pharmacist clinics, and use of Near Me for remote and rural access to pharmaceutical care. We commissioned NES to work with remote and rural NHS Boards to explore mechanisms to attract more pharmacists and pharmacy technicians to work in remote and rural communities; ensuring any associated education and training needs are flexibly met. We also committed to testing a pharmacy longitudinal clerkship.

There are remote and rural longitudinal clerkships occurring in NHS Borders, NHS Dumfries and Galloway, NHS Highland, NHS Grampian and NHS Lanarkshire, all of which feed into a new piece of Additional Cost of Teaching Pharmacy research in collaboration with both Scottish Schools of Pharmacy.

In addition, to promote pharmacy technician recruitment in remote and rural areas, a number of senior pharmacy technicians attend school careers fairs etc to raise awareness of the role. All vacancies for the Pharmacy Technician Technical Apprenticeship are advertised on the Apprenticeships.scot website. Skills Development Scotland also provides an additional rural uplift for apprentices whose main employment and normal working hours are based in Argyll and Bute, Isle of Arran, Orkney, Shetland, and the Western Isles. Some of the Pre-registration Trainee Pharmacy Technicians in the remote and rural areas are undertaking placements in primary care and community pharmacy whilst undertaking the Technical Apprenticeship.

The Scottish Government continues to work with NHS National Education for Scotland (NES) and the Royal Pharmaceutical Society in developing a joint programme to encourage more students, and not just school leavers, to consider careers in pharmacy, including ensuring the output reaches deprived and remote and rural communities.

Question reference: S6W-18932

Asked by: Finlay Carson, MSP for Galloway and West Dumfries, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 21 June 2023
Current Status: Answered by Jenni Minto on 11 July 2023

To ask the Scottish Government what its position is on whether NHS boards should provide palliative care in local healthcare settings, near to patients' families, friends and communities.

The Scottish Government is committed to equitable and timely access to general and specialist palliative care services, as needed, by each person of any age, living with any illnesses, in all places. We want people to receive care where they feel most comfortable. For many, but not all, this will be at home supported by their family and friends and cared for by primary care teams and care staff.

It is the responsibility of Integrated Joint Boards to plan and commission adult palliative care services which are provided in a wide range of settings including acute hospitals, community hospitals, specialist palliative care units, hospices, care homes and people’s own homes.

We are currently developing a new Palliative and End of Live Care Strategy with an overarching aim that everyone in Scotland receives well-coordinated, timely and high-quality palliative care, care around death and bereavement support based on their needs and preferences, including support for families and carers.

Question reference: S6W-19191

Asked by: Finlay Carson, MSP for Galloway and West Dumfries, Scottish Conservative and Unionist Party
Date lodged: Friday, 16 June 2023
Current Status: Answered by Mairi Gougeon on 28 June 2023

To ask the Scottish Government in relation to any support payments that are returned through the agricultural cross compliance mechanism, for example, penalties under SMR7, where the funding is returned to.

When we process payments, some will have cross compliance applied to them. If the beneficiary does not comply with the requirements and standards, we deduct this during the payment calculation for EU funding, so in effect, return this to the Commission. For Scottish Government funding, this reduces the actual spend and so increases the Scottish Government budget remaining.

For penalties post payment, EU recovered penalties are returned to the Commission and the Scottish Government recovered penalties are returned to the scheme budget, increasing the budget remaining.

Question reference: S6W-18908

Asked by: Finlay Carson, MSP for Galloway and West Dumfries, Scottish Conservative and Unionist Party
Date lodged: Friday, 09 June 2023
Current Status: Answered by Gillian Martin on 22 June 2023

To ask the Scottish Government what data from the fishing industry will feed into any current or future assessments of fish stocks in the River Clyde, and whether any such data will include information from randomised checks of fishing boats.

The stock assessment mentioned in the response to S6W-18907 is still at a developmental stage. Before it could be used as the basis for advice, it would need to a) be finalised and published, and b) undergo a rigorous benchmark process conducted under the auspices of the International Council for the Exploration of the Seas [ICES]. There are therefore as yet no firm plans for increasing monitoring coverage of commercial fishing vessels in the Firth of Clyde, over and above what is routinely done now. Should the assessment model be accepted for advisory use, then consideration would need to be given to how to ensure adequate data for it.

Chamber and committees