Scottish Government

Tuesday 20 March 2018

SCOTTISH GOVERNMENT

Crown Office

Kezia Dugdale (Lothian) (Scottish Labour): To ask the Scottish Government, further to the answer to question S5W-14954 by James Wolffe QC on 1 March 2018, what consideration will be given to the views of victims and witnesses as part of this process and how they are being consulted. (S5W-15126)

James Wolffe QC: The protocol being developed by COPFS is designed to support effective consultation between pathologists instructed by the Crown and the Defence. The focussed nature of the protocol is such that reference to other jurisdictions is not relevant. The work has involved consulting with Forensic pathologists, who are the relevant expert witnesses, and will be further informed by consultation with the Law Society of Scotland and the Faculty of Advocates. The consultation protocol is designed to reflect the views of victims which have been received by COPFS and to reduce not only the number of required defence examinations but also delays in return of deceased persons to their family. Once agreed, the consultation protocol will be published on the COPFS website.

Kezia Dugdale (Lothian) (Scottish Labour): To ask the Scottish Government, further to the answer to question S5W-14954 by James Wolffe QC on 1 March 2018, whether the conclusion and results of the review will be reported to the Parliament. (S5W-15127)

Economy Pauline McNeill (Glasgow) (Scottish Labour): To ask the Scottish Government what analysis it has made of the potential impact on households in Scotland of the proposals in the Domestic Gas and Electricity (Tariff Cap) Bill, including the plan to remove the right of interested parties to appeal to the Competition and Markets Authority, and whether it has made or plans to make representations to the UK Government regarding this. (S5W-14626)

Paul Wheelhouse: The Scottish Government have commissioned research looking at Scottish considerations for a price cap and this has shown that a cap can be beneficial for households which are struggling to afford their energy bills.

I am concerned however that there are numerous areas where the price cap could have impacts on competition and consumers or create perverse incentives and so it is of utmost importance that the legislation is drafted properly, and there is proper recourse where issues are identified with the cap.

I note that Ofgem are of the opinion that a Judicial Review process will allow adequate appeal for suppliers and interested parties and I am sympathetic to their aim to implement the cap as soon as possible, but I urge the UK Government to carefully assess whether they are comfortable with the limited appeal route and whether the legislation as it stands meets their stated aims for a cap. I wrote to Secretary of State, Greg Clark, earlier in the week to make my position on this clear.

I understand that Ofgem will be consulting on the design of the cap and the Scottish Government will engage closely with this process to champion the needs of Scottish consumers and the Scottish energy market.

Jackie Baillie (Dumbarton) (Scottish Labour): To ask the Scottish Government how many cubic metres of gas are required on average to power the country for a (a) day and (b) week. (S5W-15019)

Paul Wheelhouse: The volume of gas required to meet consumers demands is a reserved matter and one which the Scottish Government has no formal functions. The responsibility for ensuring consumers demands are met is carried out by National Grid and the gas distribution network operator in Scotland under their Transportation Licence obligations.

The following link to SGN’s Long Term Development Statement provides information on the forecast annual and peak day demand for Scotland over the next 10 years from 2016-17. https://sgn.co.uk/uploadedFiles/Marketing/Pages/Publications/Docs-Long- Term-Development-Statements/SGN-LTDS-2017.pdf

The Scottish Government works closely with National Grid – as well as with the Department for Business, Energy and Industrial Strategy, Ofgem and Scotland’s gas distribution network operator – to ensure that the supplies of gas to Scottish consumers remain resilient, and that Scottish circumstances and priorities are taken fully into account.

Jackie Baillie (Dumbarton) (Scottish Labour): To ask the Scottish Government how many cubic metres of gas are required on average to power the country for a (a) day and (b) week during challenging winter weather. (S5W-15020)

Jackie Baillie (Dumbarton) (Scottish Labour): To ask the Scottish Government whether it has any concerns regarding the security of gas supply and, if so, whether it has raised these with the UK Government. (S5W-15021)

Paul Wheelhouse: Security of gas supply is a reserved matter and one in which the Scottish Government has no formal functions. The UK gas system is subject to regular assessments of security of supply through National Grid’s twice-yearly ‘Outlook’ publications, the biennial European gas risk assessment and other ad-hoc assessments. The following link to a report published in October 2017 by the Department for Business, Energy and Industrial Strategy provides a strategic assessment of Great Britain’s gas security of supply. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/651297/gas- security-supply-assessment.pdf

Jackie Baillie (Dumbarton) (Scottish Labour): To ask the Scottish Government whether it is aware of any industry shutdowns to ensure that residential homes continue to receive gas supplies. (S5W-15022)

Paul Wheelhouse: The responsibility for gas balancing activities lies with National Grid where it provides relevant parties with information about potential or actual risks to the end-of-day National Transmission System physical system balance. There are a range of tools that National Grid use to ensure system balancing of supply and demand is met.

The Scottish Government is not aware of any industry shutdowns that have occurred recently to ensure that residential homes continue to receive gas supplies, where National Grid has instigated this action.

Jackie Baillie (Dumbarton) (Scottish Labour): To ask the Scottish Government what level of gas storage is available to mitigate exposure to international gas markets and energy price volatility. (S5W-15024)

Paul Wheelhouse: The storage of gas in the UK is facilitated through commercially operated storage sites and is monitored by National Grid as part of its responsibility to ensure system balancing of supply and demand. The following link to National Grid's, Gas Ten Year Statement for 2017 provides information on the availability of gas storage within the UK in Appendix 4. https://www.nationalgrid.com/sites/default/files/documents/GTYS %202017_3.pdf

Jackie Baillie (Dumbarton) (Scottish Labour): To ask the Scottish Government, further to the answer to question S5W-14060 by Keith Brown on 6 February 2018, whether it will consider laying the Annual Reports and Accounts before the end of September each year to allow adequate time for scrutiny and in advance of parliamentary committee evidence-taking on the budget. (S5W-15103)

Keith Brown: The Scottish Government will endeavour to lay the Annual Reports and Accounts of both Scottish Enterprise and Highlands and Islands Enterprise before the end of September each year.

Rachael Hamilton (Ettrick, Roxburgh and Berwickshire) (Scottish Conservative and Unionist Party): To ask the Scottish Government what action it is taking to improve access to music venues for disabled (a) performers and (b) people wishing to attend events. (S5W-15218)

Fiona Hyslop: The Disability Action Plan A Fairer Scotland for Disabled People is removing barriers that stop disabled people from participating fully in communities. We are ensuring barriers to accessing and participating in Scotland's culture are removed. We are currently developing a culture strategy with and for the people of Scotland which will set out a vision and priorities for the future development of culture which enables everyone to have an equal opportunity to take part in and contribute to culture throughout the country.

Creative Scotland's future plans and revised Equalities Outcomes wereinformed by their review of equality, diversity and inclusion in the arts, screen and creative industries. Creative Scotland undertook a major Equalities, Diversity and Inclusion (EDI) Review both in Creative Scotland and in the sectors they support. They now require all their funded organisations to have Equalities, Diversity and Inclusion Action Plans in place as a condition of funding, and they are supporting organisations to be ambitious in the delivery of EDI. The EDI Review has been a comprehensive process resulting in revised EDI Outcomes 2017-21 being published including a focus on four revised outcomes and key actions being taken to support them along with a plan on measuring progress against them.One of those outcomes is widening attendance and participation in the arts, screen and creative industries. Creative Scotland are working with a range of partners, including other cultural partners, local authorities, health boards and others, to increase opportunities for engagement throughout the country, and support artists and organisations to understand their audiences better and address any barriers to engagement and participation to help tackle inequalities, deliver social justice and transform communities. Creative Scotland's EDI Report sets out the progress Creative Scotland are making to mainstream equalities and deliver their Equality Outcomes to 2017. This may be found here:- http://www.creativescotland.com/resources/our- publications/policies/equalities-in-creative-Scotland

Rachael Hamilton (Ettrick, Roxburgh and Berwickshire) (Scottish Conservative and Unionist Party): To ask the Scottish Government what its position is on the effectiveness of the assistive music technology, which has been pioneered by the Drake Music School, in making music accessible, and how it encourages and supports the developments of such initiatives. (S5W-15219)

Fiona Hyslop: The Scottish Government is committed to supporting, developing and promoting Scotland's creative talent, and ensuring that Scotland's culture reaches a wide audience at home and abroad. The use of technology and innovation in making music making more accessible is welcomed. On 9 March 2018, forty-eight organisations were awarded almost £1.6 million through the Youth Music Initiative to enable more young people to learn about and enjoy musical activities. This included support for Drake Music Scotland to provide music opportunities for disabled young people or additional support needs in the Glasgow area and north-east of Scotland.

Education, Communities and Justice

Kezia Dugdale (Lothian) (Scottish Labour): To ask the Scottish Government whether it plans to amend the Adoption and Children (Scotland) Act 2007 to allow for persons over the age of 18 to be legally adopted. (S5W-15067)

Maree Todd: The current legislation is designed to protect and safeguard children and provides a range of routes to allow any family composition to permanently claim a child. In Scotland family stability is gained through kinship care orders, permanence orders for foster care and residential care, as well as adoption - which is open to step parents and single or coupled adults.

Whilst the legislation does not extend to the adoption of individuals over 18 , there is in place legislation to allow for individuals to change their names on birth certificates and for adults to make provision in wills for the sharing of property to non biological members of their family.

We are constantly improving the procedures, services and support around adoption and permanence for children to ensure that Scotland has a modern, responsive and child-centred adoption system. There are no plans currently to extend the age of a child beyond 18 for this purpose.

Kezia Dugdale (Lothian) (Scottish Labour): To ask the Scottish Government whether its forthcoming review of family law will cover adoption and fostering. (S5W-15068)

Maree Todd: The Family Law Team will be launching a consultation paper around April 2018 covering a wide range of issues affecting family law such as parental rights and responsibilities, contact and residence and various related matters.

The Supreme Court In the matter of EV 2017 clarified the way that courts should apply the tests set out in the Adoption and Children (Scotland) Act 2007 Following consultation in November 2017 with stakeholders legislative change to the tests for adoption or permanence orders is considered unnecessary.

Separately from this consultation, Scottish Government continually reviews the procedures, services and support around adoption and fostering.

Johann Lamont (Glasgow) (Scottish Labour): To ask the Scottish Government what progress it is making in delivering an additional qualified teacher or childcare graduate to every nursery in the most deprived communities. (S5W-15083)

Maree Todd: On 22 February 2018 we wrote to local authorities to confirm that we are allocating up to £18 million in 2018-19 to support delivery of the commitment to have an additional graduate in nurseries in Scotland’s most deprived areas by August 2018. This funding will meet the additional salaries of these graduates. This will see 435 graduates allocated across authorities based on their share of nurseries in the 20% most deprived postcodes (whilst the island authorities do not have a nursery located in the 20% most deprived postcodes they will each receive one additional graduate).

We are working with local authorities to support delivery of the commitment. In July 2017 we wrote to local authorities to commission the preparation of an Action Plan setting out how they intended to deliver the commitment. To support this we provided an accompanying guidance note, which was developed with the input of local authorities. Each local authority is currently working towards delivering this Additional Graduate Action Plan.

In 2017-18 we also provided additional funding to expand capacity in colleges and universities in order to support delivery of this commitment through 126 additional teacher training places from August 2017 to enable 100 additional teachers to be available for ELC settings by August 2018 and an additional 270 BA Childhood Practice places from August 2017.

Michelle Ballantyne (South Scotland) (Scottish Conservative and Unionist Party): To ask the Scottish Government, in light of its reported positive impact on memory, engagement levels and language and reasoning skills, how it plans to encourage musical education, and what its position is on (a) Midlothian Council and (b) other local authorities reportedly having to charge pupils for music tuition, including S4 to S6 pupils sitting SQA music courses, in order to mitigate any budget reductions. (S5W-15085)

John Swinney: Decisions on investing in music services are a matter for councils. Despite UK government reductions to Scotland’s budget we are increasing overall funding to local authorities, which also have an additional £77 million to spend on services as they have all increased their council tax by 3%.

No charges should be made for in school curriculum based SQA music courses.

The Music Education Partnership Group (MEPG), which is led by John Wallace and supported by the Scottish Government, has created a small task force of five MEPG members with the aim of encouraging a reversal of recent moves by a number of local authorities to impose instrumental lesson charges for out of school provision for pupils undertaking SQA music qualifications.

Mary Fee (West Scotland) (Scottish Labour): To ask the Scottish Government whether it will provide an update on the process of appointing the new national coordinator for child bereavement services. Holding answer issued: 20 March 2018 (S5W-15086)

Shona Robison: ‏I shall reply to the member as soon as possible.

Miles Briggs (Lothian) (Scottish Conservative and Unionist Party): To ask the Scottish Government how many couples have used a third cycle of IVF since April 2017, broken down by NHS board. (S5W-15132)

Aileen Campbell: Information on how many couples have used a third cycle of IVF since April 2017 is not held centrally. However, Scottish Government officials regularly discuss the impact of this change with the 4 Centres providing NHS IVF.

The Scottish Government has had initial discussions with Information Services Division around the steps needed to collect this information within the confines of the Human Fertilisation and Embryology Act.

Miles Briggs (Lothian) (Scottish Conservative and Unionist Party): To ask the Scottish Government how many couples with children in the home, but where one partner does not have a biological child, have accessed IVF since September 2016, broken down by NHS board, and what guidance it provides to ensure that all NHS boards offer this option to such couples. (S5W-15133)

Aileen Campbell: Information on how many couples with children in the home, but where one partner does not have a biological child have accessed IVF since September 2016, is not currently held centrally. However, Scottish Government officials regularly discuss the impact of this change with the 4 Centres providing NHS IVF.

John Finnie (Highlands and Islands) (Scottish Green Party): To ask the Scottish Government when it will publish the findings of its monitoring of the effectiveness of section 124 of the Licensing (Scotland) Act 2005. (S5W-15144)

Michael Matheson: Under the terms of section 124 of the Licensing (Scotland) Act 2005, certain premises, including airside establishments at six designated airports in Scotland, are exempted from the requirement to hold a premises licence in order to sell alcohol.

The Scottish Government and Transport Scotland are in regular contact with stakeholders to monitor the overall effectiveness of existing legislation. However, there are no plans to publish a formal report on the matter.

Maurice Corry (West Scotland) (Scottish Conservative and Unionist Party): To ask the Scottish Government how many arrests have been made (a) at and (b) in relation to football matches since August 2017. (S5W-15150)

Annabelle Ewing: The Scottish Government does not hold information on how many arrests are made in relation to football matches. This information would be held by Police Scotland.

Maurice Corry (West Scotland) (Scottish Conservative and Unionist Party): To ask the Scottish Government how much the policing of football matches has cost Police Scotland since August 2017. (S5W-15151)

Annabelle Ewing: The Scottish Government does not hold information on the cost of policing football matches. Police charging for events is an operational matter for Police Scotland.

Health and Social Care

Alex Cole-Hamilton (Edinburgh Western) (Scottish Liberal Democrats): To ask the Scottish Government what assessment it has made of how many GPs will retire in each of the next 10 years. Holding answer issued: 20 March 2018 (S5W-15087)

Shona Robison: ‏I shall reply to the member as soon as possible.

Alex Cole-Hamilton (Edinburgh Western) (Scottish Liberal Democrats): To ask the Scottish Government what information it has regarding how many GPs work, on average, (a) between (i) 40 and 50, (ii) 50 and 60, (iii) 60 and 70, (iv) 70 and 80, (v) 80 and 90, (vi) 90 and 100 and (vii) 100 and 110 and (b) over 110 hours each week, and what the highest figure reported in the Primary Care Workforce Survey 2017 was. Holding answer issued: 20 March 2018 (S5W-15088)

Shona Robison: ‏I shall reply to the member as soon as possible.

Alex Cole-Hamilton (Edinburgh Western) (Scottish Liberal Democrats): To ask the Scottish Government how many vacant GP posts recorded in the Primary Care Workforce Survey 2017 were vacant for (a) between (i) six and 12, (ii) 12 and 18, (iii) 18 and 24, (iv) 24 and 30 and (v) 30 and 36 and (b) over 36 months, broken down by NHS board. Holding answer issued: 20 March 2018 (S5W-15089)

Shona Robison: ‏I shall reply to the member as soon as possible.

Kezia Dugdale (Lothian) (Scottish Labour): To ask the Scottish Government what support it can provide to help meet any increased travel and training costs faced by elite athletes due to the redevelopment of Meadowbank stadium. (S5W-15091)

Aileen Campbell: This is an operational matter for Edinburgh Council and Edinburgh Leisure, but I have asked the Chief Executive of sportscotland to respond to you to explain what support could be offered to support elite athletes.

Kezia Dugdale (Lothian) (Scottish Labour): To ask the Scottish Government, in light of there being no single-site alternative training facilities for the elite athletes who previously used Meadowbank Sports Centre, what steps it can take to mitigate the impact that this might have on their training schedule. (S5W-15092)

Aileen Campbell: I am aware of some concerns regarding alternative facilities whilst Meadowbank is under redevelopment. Edinburgh Council and Edinburgh Leisure, who manage this facility, have been liaising with all users to help find them an alternative venue.

I understand that the majority of clubs have secured alternative training venues and discussions are on-going with the remaining clubs. Whilst performance athletes will continue to receive support through the sport scotland Institute for Sport as well as their governing body, I have asked sport scotland to support the discussions with clubs if required.

Alex Cole-Hamilton (Edinburgh Western) (Scottish Liberal Democrats): To ask the Scottish Government what guidance the NHS issues on the font size and typeface that should be used in communications with people with sight issues. (S5W-15102)

Maureen Watt: Under the Equality Act 2010, individual NHS Boards are responsible for ensuring that they make reasonable adjustments to meet the needs of people with disabilities. These adjustments include ensuring that NHS Boards communicate with people with sight loss in an accessible way. Responsibility for complying with the requirements of the Equality Act 2010 rests with individual organisations, including NHS Boards.

Jackie Baillie (Dumbarton) (Scottish Labour): To ask the Scottish Government what the (a) median and (b) longest waiting time is for children awaiting surgery at the Queen Elizabeth University Hospital. Holding answer issued: 20 March 2018 (S5W-15104)

Shona Robison: ‏I shall reply to the member as soon as possible.

Jackie Baillie (Dumbarton) (Scottish Labour): To ask the Scottish Government how many children are on the waiting list for surgery at the Queen Elizabeth University Hospital. Holding answer issued: 20 March 2018 (S5W-15105)

Shona Robison: ‏I shall reply to the member as soon as possible.

Alex Cole-Hamilton (Edinburgh Western) (Scottish Liberal Democrats): To ask the Scottish Government what its position is on the withdrawal of NHS Botox treatment for migraines, including for severe cases, when no alternative treatment has been offered. (S5W-15121)

Aileen Campbell: Decisions on the application of a particular course of treatment are a matter for the responsible clinician, in conversation and agreement with the patient. Regarding the use of Botox to treat migraines, this would be undertaken following a clinical assessment against the criteria detailed in Scottish Intercollegiate Guidelines Network (SIGN) guideline “SIGN 155: Pharmacological management of migraine”.

Michelle Ballantyne (South Scotland) (Scottish Conservative and Unionist Party): To ask the Scottish Government what steps it is taking to tackle the sale of counterfeit alprazolam, known by the trade name, Xanax. (S5W-15176)

Aileen Campbell: Police Scotland, alongside NHS Health Boards and Scottish Government funded organisations such as the Scottish Drugs Forum, have sought to increase awareness of the health related dangers of taking prescription drugs, whether genuine or counterfeit, through national warning bulletins, messages on social media and local information campaigns. We are aware of a black market for prescription and counterfeit drugs, including Alprazolam, and continue to work closely with Police Scotland on all aspects of drugs policy and enforcement, including counterfeit prescription medication.

Tom Mason (North East Scotland) (Scottish Conservative and Unionist Party): To ask the Scottish Government what action it is taking to educate people regarding the potential risks of the drug alprazolam, or Xanax; what support it offers to people who are at risk of misusing the product, and what action it can take to reduce its availability through third-party and black market sellers. (S5W-15235)

It is the responsibility of local Alcohol and Drug Partnerships to use local data and intelligence to commission appropriate services that respond to the immediate and changing needs of their population. As such, all individuals should be provided with high quality person centred treatment regardless of the drugs they are using.

Alprazolam is a controlled drug under the Misuse of Drugs Act, therefore anyone unlawfully in possession of it without a prescription is committing an offence. We are aware of a black market for prescription and counterfeit drugs, including Alprazolam, and continue to work closely with Police Scotland on all aspects of drugs policy and enforcement, including counterfeit prescription medication.

Organisational Development and Operations

Rachael Hamilton (Ettrick, Roxburgh and Berwickshire) (Scottish Conservative and Unionist Party): To ask the Scottish Government, further to the answer to question S5O-01803 by Fergus Ewing on 22 February 2018, what percentage of premises in the Scottish Borders will have access to superfast broadband by 31 December 2018. (S5W-15234)

Fergus Ewing: As of the end of Q2 2017-18, 82.7% of all premises in the Scottish Borders are now able to access fibre broadband, and 79.7% are able to access speeds of 24Mbps and above. Without the investment made through the Digital Scotland Superfast Broadband (DSSB) programme, it was predicted that only 39.3% of premises would have been able to access fibre broadband.

Figures for the end of 2017 are being assured at present and should be available in the near future.

Extended build through the DSSB programme is planned throughout 2018, thanks to Gainshare funding. However, at this time, we cannot confirm how many additional premises in the Scottish Borders may benefit from this extended build.

Transport Scotland

Mike Rumbles (North East Scotland) (Scottish Liberal Democrats): To ask the Scottish Government what action Transport Scotland has taken to notify and engage with local communities (a) during the construction of the Aberdeen Western Peripheral Route (AWPR), (b) following the delay to the project and (c) regarding higher than normal levels of traffic experienced on local roads while the project is ongoing. (S5W-15003)

Keith Brown: A range of communications methods have been used on the AWPR/B-T project. Local road users are kept informed with weekly traffic management updates on the project website and, as of 1 March 2018, 151 media releases have been issued and are used alongside Twitter to inform local communities of on-going works.

Additionally, a monthly ezine, which has over 7,800 subscribers, and quarterly newsletters are found on the project website. This is alongside the engagement undertaken by the contractor which includes letter drops, leaflet or one-on-one meetings, and speaking with local businesses and groups.

Furthermore, over 90 presentations have been given, with quarterly updates arranged for MSPs, MPs, Councillors and Community Councils, and bespoke meetings with Community Councils, business groups and professional organisations.

Following my announcement to Parliament and significant coverage in the media and Twitter, the Transport Scotland website was updated to show the expected date of completion had changed to Spring 2018. The decision to change the date of completion was also covered at a recent quarterly update for MSPs and MPs, held on 26 February 2018. This was also due to be discussed at the quarterly meeting for Councillors, but this event had to be postponed due to weather.

Colin Smyth (South Scotland) (Scottish Labour): To ask the Scottish Government what the 10 busiest routes operated by ScotRail were during the period 1 September 2017 to 31 January 2018, and what the (a) maximum recorded number of users, (b) total train capacity and (c) percentage difference between the number of users and capacity was for the period. (S5W-15097)

Humza Yousaf: The Scottish Government does not hold this information in this form. The Member may care to approach ScotRail directly to ascertain if they hold this information or not.

Colin Smyth (South Scotland) (Scottish Labour): To ask the Scottish Government how many times trains skipped stops during the period 1 September 2017 to 31 January 2018, also broken down by (a) route and (b) train departure time. (S5W-15098)

Humza Yousaf: Between 20 August 2017 and 3 February 2018 (rail periods 6-11 inclusive), 1.06 percent of the total numbers of services planned to be run over this period were skip-stopped.

John Finnie (Highlands and Islands) (Scottish Green Party): To ask the Scottish Government whether its default position in road dualling upgrades is that grade-separated junctions should be used, and not roundabouts. (S5W-15186) Humza Yousaf: The general principle for the current A9 and A96 dualling programmes includes the provision of grade separated junctions where possible, rationalisation of the number of direct accesses and junctions, and ensuring that there are no gaps in the central reserve in order to provide as safe a route as possible for all users.

As part of the on-going programme of regular engagement on both dualling programmes any feedback we receive, including any suggestions in relation to junction provision, will be taken into account.