Chamber and committees

The legal use of electric scooters and decisions around their introduction is broadly a reserved matter for the UK Government. The UK Government has stated its intention to bring forward a new regulatory framework for vehicles such as electric scooters, however the timescales for this are unclear.

Enabling the use of electric scooters through such a regulatory framework would also require amendments to devolved legislation, therefore the Scottish Government are monitoring developments in this area and will continue to engage with the Department for Transport on this matter.

It is not illegal to sell electric scooters in the UK, however responsible vendors will give customers accurate information about the legal restrictions on their use.

The Scottish Government currently has no formal position on the regulation of electric scooters, however this position is currently under review.

The Lord Advocate is not undertaking a review of the legal feasibility of safe drug consumption rooms.

The Lord Advocate received information in relation to a proposed safe drug consumption room which would operate in Glasgow. The Lord Advocate was asked, if a safe drug consumption room of the type described in that proposal were to be established, whether the Lord Advocate would consider a Statement of Prosecution Policy, which would confirm that it would not be in the public interest to prosecute individuals for the possession of illegal substances within the confines of the described facility.

Such a statement would not be a ban on prosecution or decriminalisation of an offence, rather it would be an articulation of the way that the public interest considerations relevant to a prosecutorial decision would fall to be applied in a particular context.

All prosecution policy requires careful consideration. In this case in particular, further information has been sought in relation to the practical operation and policing of the facility.

The Lord Advocate’s consideration of the request is supported by officials within the Crown Office and Procurator Fiscal Service.

The following table presents the budget for NHS estate maintenance in each of the last three financial years. It is the intention of the Scottish Government to double the NHS estate maintenance funding over the Capital Spending Review period of 2021-2026.

The Scottish Government is providing the funding per the following table for the financial year 2023-24. Health boards can use this funding to manage and remove asbestos as and when it is appropriate to do so.

We recognise the hazard of asbestos and the risks to health it poses. However, asbestos is only dangerous when it is disturbed or in poor condition. The Health and Safety Executive’s guidance states that it is safe for asbestos to remain in place if it is in good condition, well-protected and unlikely to be disturbed. Health boards carry out annual asbestos monitoring surveys and asbestos management plans are in place across the NHS estate.

Public Health Scotland currently publish a range of statistics relating to Primary Care services in Scotland: https://publichealthscotland.scot/publications/?ic=topics-primary-care&q=&fq=topics%3APrimary+care%23&sort=pdesc .

We continue to work with all partners to develop a clear and evidence-based approach to ensure robust data is available. A Primary Care Data and Intelligence Programme Board has been established to inform this development work going forward.

A substantial amount of progress has already been made, notably with the introduction of a new publication of General Practice activity data. This collaborative effort between ourselves, the profession, National Services Scotland and Public Health Scotland, was a significant step in our journey to improving access to General Practice data.

This is in addition to the continued investment in the national GP IT re-provisioning programme, which allows Health Boards the ability to offer new and advanced, modernised systems for General Practice in Scotland. This will enhance access to GP data, and enable quality data to be stored and reused many times for multiple purposes, to allow us to better understand and improve the provision of care.

I refer the member to the answer to question S6W-19616 on 6 July 2023. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

The decision on whether or not to issue a statement of prosecution policy in relation to the prosecution of users of any proposed safer drug consumption facility is for the Lord Advocate to consider in her position as independent head of the systems of prosecution and investigation of deaths. This decision is independent of Scottish Government so the timing of this response is unknown.

Once the Lord Advocate reaches a decision the Minister for Drugs and Alcohol Policy will be able to respond appropriately, likely including a ministerial statement.

The death of any child or young person is a tragic event and our sympathies are with all parents and families affected. We are awaiting the results of the preliminary investigations into the April 2023 data from Public Health Scotland before we can confirm our next steps. We will continue to work closely with Public Health Scotland, NHS Boards and Healthcare Improvement Scotland on our maternity safety programme of work.

In order to reduce the number of preventable deaths and harm to children and young people, the Scottish Government is funding a National Hub to review all child and neonatal deaths. The National Hub will draw on the evidence from pre-existing reviews and data, including PHS data, Serious and Adverse Event Reviews and Fatal Accident Inquiries, to identify and share learning through the provision of national guidance and annual reporting. The Hub is jointly operated by Healthcare Improvement Scotland and the Care Inspectorate and will issue its first annual report this Autumn. In June 2023 the National Hub published a new national information booklet about the child death review process designed for practitioners to share with bereaved parents, carers or other family members.

The advice provided on the Scottish Government website is correct. Home owners may use either sealed battery or mains-wired fire alarms to meet the Tolerable Standard guidance. The Building Standards Domestic Technical Handbook 2022 sets a higher standard requiring two power supplies for new buildings under the Building (Scotland) Regulations 2004, as amended.

Since 1 February 2022, the Tolerable Standard has required every home in Scotland to have interlinked smoke alarms and a CO alarm where there is a carbon-fuelled appliance.

This requirement already applied to new build and private rented properties since 2013. The Tolerable Standard ensures the same level of protection now applies to all tenures, regardless of whether someone owns their home or rents from a private or social landlord.

The Tolerable Standard sets out the following requirements for coverage in every home:

• One smoke alarm installed in the room most frequently used for general daytime living purposes (normally the living room/lounge);

• One smoke alarm in every circulation space on each storey, such as hallways and landings;

• One heat alarm installed in every kitchen;

• All smoke and heat alarms to be ceiling mounted; and

• All smoke and heat alarms to be interlinked.

Having an interlinked system means the occupier will be alerted immediately, regardless of the room in which the alarm is triggered, increasing the chance to escape.

Sealed battery alarms or mains-wired alarms are compliant with the standard. Both types of alarm are interlinked by radio frequency and do not need WiFi.

If battery alarms are used, they must be sealed tamper-proof units and have long-life lithium batteries. Batteries last for the duration of its operational lifespan, which may be up to 10 years or more - although sensors degrade over time.

The Tolerable Standard is a minimum standard, and does not preclude more effective or extensive systems provided that they meet the basic requirement of (a) a secure power source for the lifetime of the unit, and (b) effective means to provide an immediate alert in the event of any part of the system being actuated.

New build homes and homes undergoing refurbishment work that requires a building warrant are required to comply with the Building (Scotland) Regulations 2004, as amended. Guidance on this is set out in the Building Standards Domestic Technical Handbook. This requires that smoke alarms be mains operated with battery back-up and all alarms interlinked.

However, long-life and tamper-proof battery powered alarms have been allowed as part of the Tolerable Standard in recognition that it may not be possible or may be prohibitively costly to install mains powered alarms in existing properties where there is no refurbishment work planned.