Chamber and committees

Maintenance of junction road markings is typically the responsibility of the authority whose road connects with the trunk road. In most cases on the A9 this is the local authority. The exception is acceleration and decelerations lanes, which Transport Scotland maintains. Notwithstanding this, since January 2023, Transport Scotland has collaborated with local authorities to improve junction markings on the A9.

Recent road marking improvements have included:

• A9 Killiecrankie to Faskally Duals,
• A9/B9006 Culloden Road – Inverness,
• A9 Killiecrankie to Drumochter,
• A9 Drumochter to Crubenmore,
• A9 Luncarty Junction Slips.

Bollards are included in an annual cyclic maintenance programme. Our records show maintenance was undertaken between May and September 2023. More recently maintenance commenced in April 2024 with more planned in the coming months.

The delivery of many of the STPR2 recommendations is not the sole responsibility of Transport Scotland and will require a collaborative approach with Regional Transport Partnership and Local Authorities. This approach is already being taken in the other two mass transit recommendations for Glasgow (STPR2 Recommendation 11) and Aberdeen (STPR2 Recommendation 13).

Whilst STPR2 provides the strategic business case for enhancing the cross-boundary mass transit public transport system for the whole Edinburgh and South East region, the outline business case for Recommendation 12 remains to be developed.

The next appropriate step in this process will include agreement on a suitable way forward for development of the project, therefore Transport Scotland continues to work collaboratively with and advise the local authorities and SEStran on the mobilisation of this recommendation.

I refer the member to the answer to question S6W-27063 on 7 May 2024. 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 .

I refer the member to the answer to question S6W-27063 on 7 May 2024. 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 .

We continue to explore all options to implement Air Departure Tax in a way that protects Highlands & Islands connectivity and complies with the UK Government’s subsidy control regime.

Options identified will be thoroughly assessed and the findings will be set out at the appropriate time.

The Scottish Government is committed to ensuring that all options presented will protect Highlands and Islands connectivity, along with the communities and business that rely on this to prosper.

STPR2 is a national appraisal and identifies recommendations to be delivered over the long term. The delivery of the recommendations is subject to the funding allocations agreed by Parliament each year through the annual budget process.

In the case of Recommendation 3, which focuses on village-town active travel connections, investment will likely be phased over numerous years. Currently, projects are identified by local authorities and regional partners who then apply for funding through the Sustrans Places for Everyone programme, the new Active Travel Infrastructure fund, and directly through the Cycling Walking Safer Routes (CWSR) grant.

In the case of the Active Travel Infrastructure Fund, we accept proposals for funding the construction of various types of active travel interventions, which can include village-town active travel connections.

The assessment and prioritisation of projects considers a multi- criteria approach and includes two main factors: the impact they achieve and the deliverability of the project. Some of the factors considered in the prioritisation of projects are: potential for mode shift; the quality of proposed infrastructure; safety and security; integration with existing active travel infrastructure and/or public transport; impact on the most deprived 20% of communities; impact on community severance; access to schools; access to employment; access to other locations and value for money.

Disclosing or threatening to disclose sexually explicit 'deepfake' images, including by publishing them on the internet, is covered by the offence of 'disclosing or threatening to disclose an intimate image' at section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.

The Scottish Government is aware that the UK Government has announced that it will amend the Criminal Justice Bill to criminalise the making of sexually explicit 'deepfake' images without consent. We will carefully consider the amendment.

Depending on the facts and circumstances of the particular case, there are a range of offences that may be used to prosecute cases where someone publishes, sells or distributes sexually explicit images of a person without their consent.

In particular, the offence of disclosing or threatening to disclose an intimate photograph or film at section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 can be used to prosecute such behaviour where the disclosure, or threat to disclose the image, would be likely to cause a person featured in the image to suffer fear, alarm or distress, and the accused either intended to cause such an effect or else was reckless as to whether their behaviour would be likely to have such an effect on the victim.

The offence provides that a person is in an 'intimate situation' if the person is engaging or participating in or present during an act which a reasonable person would consider to be a sexual act which is not of a kind ordinarily done in public, or the person's genitals, buttocks or breasts are exposed or covered only in underwear. Specifically, the offence provides that a photograph or film includes any material originally captured by photography or by making a recording of a moving image, whether or not it has been altered in any way. As such, the offence applies in respect of images that have been digitally manipulated so as to appear to depict a person as being in an intimate situation even if the original photograph does not do so.

Other offences which may be relevant include the offence of threatening or abusive behaviour at section 38 of the Criminal Justice and Licensing (Scotland) Act 2010 and, where the images are published or shared via the internet, the offence of abuse of a public electronic communications network at section 127 of the Communications Act 2003.

As the legislation does not explicitly distinguish between manipulated and unmanipulated photographs or films, it is not possible to separately identify cases relating to the disclosure of so-called 'deepfake' images.

It is an independent operational matter for Police Scotland to enforce criminal law and it is an independent operational matter for Crown Office to make decisions in respect of prosecutions.

Legislation criminalising the disclosure of intimate images includes photographs or films that have been digitally enhanced or manipulated. As such, the law covers 'deepfake' images that have been digitally manipulated so as to appear to depict the person to be in an intimate situation. It is an operational matter for Police Scotland to enforce relevant laws.

The Scottish Government has provided funding of £138,527.50 to the South West Grid for Learning over two and a half years to support the delivery of practical support for people affected by intimate image abuse via the Revenge Porn Helpline. This includes support to remove images from online platforms and signposting for emotional support. The funded activity includes work to raise awareness and understanding of intimate image abuse and the support available through the helpline in Scotland.

Regulation of the internet is a reserved matter falling to the UK Government and Parliament. Within that context, the Scottish Government engages with the UK Government and Ofcom, the new online safety regulator, on the implementation of the UK Government Online Safety Act in Scotland to address illegal and harmful material on the internet.

Decisions about operational policing priorities are a matter for Police Scotland, which is operationally independent of the Scottish Ministers. Where alleged criminal activity relating to intimate image abuse, including where this involves 'deepfakes', is reported to Police Scotland, they will investigate with a view to determining whether there is sufficient evidence to report to Crown Office for consideration of prosecution.

In 2023, Police Scotland undertook a 4-week online child sexual abuse and exploitation media campaign targeting sexual predators who groom and abuse children online, including through use of sexually explicit 'deepfake' images. Police Scotland's Cyberharm Prevention Team are also undertaking a National "sextortion" Prevention Campaign aimed at education and support for those affected by crimes of extortion, including people affected by "deepfake" images.

In terms of resources allocated to education and prevention, school pupils learn how to conduct online relationships safely and understand the risks and consequences of sharing intimate images. The Scottish Government's Gender-Based Violence in School Guidance makes clear that this includes non-consensual sharing of sexual images or threatening to do so.

The Scottish Government also funds Education Scotland to coordinate the Mentors in Violence Prevention programme, focussed on challenging attitudes underpinning gender-based violence, and supports schools to access Rape Crisis Scotland's National Sexual Violence Prevention programme.