Friday 11 September 2020

SCOTTISH GOVERNMENT

Constitution and External Affairs

Dean Lockhart (Mid Scotland and Fife) (Scottish Conservative and Unionist Party): To ask the when it plans to publish a draft bill for an independence referendum, as set out in its Programme for Government. (S5W-31573) Michael Russell: As set out in the Programme for Government, the Government will publish a draft bill for an independence referendum before the end of this parliament.

Economy

Neil Findlay (Lothian) (Scottish Labour): To ask the Scottish Government what action it is taking regarding companies that allow farmed salmon to escape in large numbers; how many such companies have had sanctions imposed on them in the last five years, and what the sanctions were. (S5W-31485) Fergus Ewing: The Scottish Government takes the containment of farmed fish very seriously. Breaches are investigated by the Fish Health Inspectorate using powers under the Aquaculture and Fisheries (Scotland) Act 2007 (AFSA).

In the last five years, eight companies have received guidance on compliance with AFSA, following the completion of containment enhanced inspection.

Oliver Mundell (Dumfriesshire) (Scottish Conservative and Unionist Party): To ask the Scottish Government whether it will retain 2018 levels of Less Favoured Area Support Scheme payments up until 2024. (S5W-31556) Fergus Ewing: I refer the member to the answer to question S5W-31492 on 10 September 2020. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx .

Oliver Mundell (Dumfriesshire) (Scottish Conservative and Unionist Party): To ask the Scottish Government whether it plans to follow EU rules that require a reduction in the support that can be provided to less favoured area farms and crofts. (S5W-31557) Fergus Ewing: I refer the member to the answer to question S5W-31493 on 10 September 2020. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx .

Dean Lockhart (Mid Scotland and Fife) (Scottish Conservative and Unionist Party): To ask the Scottish Government how much it will allocate in its budget in each of the next five years to fund the £100 million Green Jobs Fund. (S5W-31574) Fiona Hyslop: Through its 2020-21 Programme for Government, the Scottish Government has committed to creating a five year, £100 million Green Jobs Fund to support new and increased opportunities for green job creation across Scotland. The Fund consists of £50 million to Scottish Enterprise, Highlands and Islands Enterprise and South of Scotland Enterprise to support businesses which provide sustainable or low carbon products and services to help them develop, grow and create jobs; and a further £50 million to support businesses and supply chains across a range of sectors – such as manufacturing, tech, and land based organisations – to take advantage of public and private investment in low carbon infrastructure, and the transition to a low carbon economy.

Details on how the £100 million will be phased over the five-year lifetime of the Fund from 2021 to 2026 will be confirmed later this year.

Maurice Golden (West Scotland) (Scottish Conservative and Unionist Party): To ask the Scottish Government whether it will provide a breakdown of the financial support it is providing to amateur dramatic and theatre groups. (S5W-31584) Fiona Hyslop: The specific information requested about amateur dramatic and theatre groups is not held centrally. The Scottish Government is supporting charities, community groups and voluntary organisations, where they deliver activities in Scottish communities, with emergency funding from the Third Sector Resilience Fund.

Maurice Golden (West Scotland) (Scottish Conservative and Unionist Party): To ask the Scottish Government, further to the answer to question S5W-31549 by Fiona Hyslop on 7 September 2020, how many (a) micro- finance, (b) debt/loan and (c) equity investments have been allocated in each year in each local authority area under Scottish Growth Scheme, also broken down by their value. (S5W-31672) Fiona Hyslop: The Scottish Growth Scheme became operational in summer 2017. The following table provides details on how many (a) micro-finance, (b) debt/loan and (c) equity investments have been made in each year broken down by their value. The information requested is not available by local authority area.

Micro-finance Debt/Loan Equity £m Year £m £m No. No No 2017 - - - - 24 22.7 2018 - - - - 57 83.5 2019 125 3.7 74 18.4 41 47.1 2020 43 1.5 42 11.5 35 70.5 Total 168 5.2 116 29.9 157 223.8

Education, Communities and Justice

Liam Kerr (North East Scotland) (Scottish Conservative and Unionist Party): To ask the Scottish Government, further to the answer to question S5W-24915 by Christina McKelvie on 12 September 2019, whether the remaining £500,000 of the £2 million it committed to provide to encourage victims of domestic or sexual abuse to come forward has now been allocated. (S5W-31456) Christina McKelvie: The additional £500,000 has now been allocated as part of a wider package of measures to sustain projects and support and respond to the Covid-19 pandemic. This year, an additional £1.6 million has been allocated to support women and children experiencing domestic abuse and gender based violence, as well as £200,000 on a national campaign to raise awareness of domestic abuse and encourage people to seek support. In addition, the Scottish Government has extended funding for services and projects supported through our Equally Safe Fund for an additional 15 months, to September 2021.

Liam Kerr (North East Scotland) (Scottish Conservative and Unionist Party): To ask the Scottish Government what progress it has made on establishing an independently-chaired group to ensure that the technology used by Police Scotland is done so in an effective and ethical manner. (S5W-31457) Humza Yousaf: As I indicated in my letter of 1 September 2020 to the Sub- Committee on Policing, the need to address the challenges of the global coronavirus pandemic has meant that some of the work the Scottish Government had hoped to progress over the first part of the year has inevitably been delayed.

The work to set up this independent reference group is one such area, but my officials have recently revived this workstream and I am pleased to be able to report that Dr. Elizabeth Aston, Director of the Scottish Institute for Policing Research and Associate Professor of Criminology at Edinburgh Napier University, has agreed to take on the role of Chair.

With Dr. Aston in place my officials anticipate that the first substantive meeting of the Group will take place in the next few months, and I have undertaken to update the Sub-Committee with details of the final remit and membership of the Group once they have been agreed with her.

Liam Kerr (North East Scotland) (Scottish Conservative and Unionist Party): To ask the Scottish Government what progress it has made on reviewing the process used to develop and publish the criminal justice bodies’ annual standards of service for victims and witnesses. (S5W-31458) Humza Yousaf: A formal process of engagement on the development of the criminal justice organisations’ annual standards of service for victims and witnesses has been agreed between the organisations and the Victims’ Organisations Collaboration Forum Scotland (VOCFS), which is chaired by Victim Support Scotland and includes Rape Crisis Scotland and Scottish Women’s Aid, amongst others. This work is overseen by the Victims Taskforce.

The criminal justice organisations are committed to engaging with VOCFS after the standards of service are published in the spring. This provides an opportunity to obtain feedback on both the standards of service and the annual report and discuss how best to highlight the standards to victims and witnesses and disseminate them amongst partner organisations.

The criminal justice organisations are also committed to developing a 6-month update on delivery of the standards of service in the autumn and engaging with VOCFS to discuss the update and seek views on key issues the standards should focus on in the following year.

In addition, a stakeholder workshop, to review the standards in more detail, was planned for spring 2020, however this was cancelled due to the Covid-19 pandemic. We will work with partners to find a suitable date to reconvene this workshop ahead of the development of the standards of service for 2021-22.

Liam Kerr (North East Scotland) (Scottish Conservative and Unionist Party): To ask the Scottish Government which parts of the Management of Offenders (Scotland) Act 2019 have been used to strengthen the Home Detention Curfew regime. (S5W-31459) Humza Yousaf: Regulations were laid in parliament which commenced a number of legislative provisions contained within the Management of Offenders (Scotland) Act 2019 on 11 October 2019. Several of these provisions related to Home Detention Curfew (HDC).

Specifically, sections of the Act were commenced which introduced new powers of recall from HDC for the Scottish Prison Service. The Act introduced and commenced the offence of remaining unlawfully at large, as recommended by HM Inspectorate of Constabulary for Scotland (HMICS). We have also commenced additional powers for the Police to apprehend those who remain unlawfully at large. The Act also now provides for a common legislative basis for the sharing of information prior to HDC release (between SPS, Local Authorities, Police Scotland and the Scottish Courts & Tribunal Service).

Full details of the commencement order are available here: https://www.legislation.gov.uk/ssi/2019/309/made

Liam Kerr (North East Scotland) (Scottish Conservative and Unionist Party): To ask the Scottish Government whether it will provide an update on the use of the Digital Evidence Sharing Capability procurement process. (S5W-31460) Humza Yousaf: The DESC procurement process resumed in June after a pause at the outset of the coronavirus pandemic to allow criminal justice partners to respond to the emergency, and to prepare for the conduct of the procurement using electronic means where possible. The initial tender responses have now been reviewed by the evaluation panel and all tenderers were invited to demonstrate their technological solutions by video conference in late August. The Scottish Government and its partners will proceed with its negotiated process with a view to making a contract award, and beginning a phased programme of implementation, as soon as is practical.

Alex Cole-Hamilton (Edinburgh Western) (Scottish Liberal Democrats): To ask the Scottish Government when parent and toddler groups will be permitted to restart on an indoor basis, and whether specific guidance will be issued. (S5W-31516) Maree Todd: Provisional guidance for the safe running of organised activities for children and young people under 18 was published on 1 September. Subject to final review by Health Protection Scotland (part of Public Health Scotland), it will be updated within the next week. It does include indoor toddler groups that adults have to attend. Organisers should consult the guidance to ensure that they meet the necessary requirements.

Alex Cole-Hamilton (Edinburgh Western) (Scottish Liberal Democrats): To ask the Scottish Government, subject to their compliance with the relevant safety guidelines, whether the Health Protection (Coronavirus) (Scotland) Regulations 2020 permit parent-toddler groups to organise outdoor gatherings and activities. (S5W-31517) Maree Todd: Provisional guidance for the safe running of organised activities for children and young people under 18 was published on 1 September. Subject to final review by Health Protection Scotland (part of Public Health Scotland), it will be updated within the next week. Organisers should also consult the guidance: Staying Safe and protecting others to ensure that they meet the necessary requirements.

Health and Social Care

George Adam (Paisley) (): To ask the Scottish Government whether the NHS will continue on the emergency footing that the Cabinet Secretary for Health and Sport announced on 2 June 2020. (S5W-31758) : Our health and care system continues to respond magnificently to the enormous challenges brought by the COVID-19 pandemic.

NHS Scotland has begun safely and incrementally resuming some services that have been suspended, delayed or deferred due to coronavirus, whilst continuing to protect emergency, urgent and maternity care, support for social care and continuing to maintain COVID-19 capacity and resilience; in line with Re-mobilise, Recover, Re-design: the Framework for NHS Scotland, published on 31 May.

The reality is coronavirus is likely to be with us for some time to come, and so many changes made in the coming weeks and months have to be measured against the need to keep the virus under control, continuing to protect the NHS and save lives. Health Boards and their planning partners will continue to work on safely resuming services whilst protecting COVID-19 capacity, as informed by the evidence, clinical priorities and associated national frameworks and guidance.

Nonetheless, I am mindful of the challenges that winter is likely to bring over the coming months, including seasonal flu and bad weather. I want to ensure that our health and care services are fully supported across winter, so NHS Scotland will remain on an emergency footing until at least 31 March 2021, at which point I will review the situation again.

Transport Scotland

John Finnie (Highlands and Islands) (Scottish Green Party): To ask the Scottish Government what role it has in monitoring Trust Ports to ensure that they operate in the public, rather than exclusively commercial, interest. (S5W-31473) Michael Matheson: Trust ports are independent statutory bodies, governed by their own local legislation and run by independent boards. Board composition is best served when there is expertise covering the working components of the port and where there is knowledge and consideration of local issues and impacts. It is the duty of the boards, at all times, to strike a balance that respects the interests of all stakeholders, not just one group, in the light of the objectives of the port, including commercial considerations, and what constitutes the 'common good' for all stakeholders (current and future) and the port itself.

Scottish Ministers do not have a role in the operational matters which boards take forward. The issue of whether any statutory undertaker is operating outwith its powers would be a matter for the courts. Any party which feels that a trust port is operating outside their powers as set out in the relevant legislation should raise this with the port in the first instance, but ultimately has the option to consider the potential for legal remedy.

The Scottish Government expects trust ports to follow “Modern Trust Ports for Scotland: Guidance for Good Governance” as a benchmark. The port should be considered a valuable asset, presently safeguarded by the existing board, and whose duty it is to hand it on in a similar or better position to succeeding generations. This remains the ultimate responsibility of the board, with future generations remaining the ultimate stakeholder.

The Modern Trust Ports for Scotland: Guidance for Good Governance can be found on the Transport Scotland website: https://www.transport.gov.scot/publication/modern-trust-ports-for-scotland- guidance-for-good-governance/ .

John Finnie (Highlands and Islands) (Scottish Green Party): To ask the Scottish Government, in light of Trust Ports' governance structures being designed to reflect local markets and the needs of local communities, what mechanisms local communities have to ensure that a Trust Port is meeting its statutory obligations. (S5W-31474) Michael Matheson: I refer the member to the answer to question S5W-31473 on 11 September 2020.

All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at: http://www.parliament.scot/parliamentarybusiness/28877.aspx .

John Finnie (Highlands and Islands) (Scottish Green Party): To ask the Scottish Government, in light of Trust Ports' governance structures being designed to reflect local markets and the needs of local communities, what mechanisms it considers a Trust Port should employ to ensure that it is meeting the needs of all its local communities. (S5W-31475) Michael Matheson: I refer the member to the answer to question S5W-31473 on 11 September 2020.

All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at: http://www.parliament.scot/parliamentarybusiness/28877.aspx .

John Finnie (Highlands and Islands) (Scottish Green Party): To ask the Scottish Government, in light of Trust Ports' operations impacting on communities some distance from them, what its position is on what factors should be considered in interpreting the term, local communities. (S5W-31476) Michael Matheson: I refer the member to the answer to question S5W-31473 on 11 September 2020. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at: http://www.parliament.scot/parliamentarybusiness/28877.aspx .

John Finnie (Highlands and Islands) (Scottish Green Party): To ask the Scottish Government how much funding it has given, including via Scottish Enterprise and Highlands and Islands Enterprise, to the Trust Port of Firth in each of the last 10 years, and for what purposes. (S5W-31477) Michael Matheson:

Over the previous 10 years the Port of Cromarty Firth has received funding from Highlands and Islands Enterprise. The following table below the funding approved and claimed:

Approval Financial Project Project Title & Applicant HIE ERDF Claimed Status Date Year No. Purpose Marketing and Port of 22- FY Development 9312129 Cromarty 15,000 13,583 Complete Dec-2009 2009-10 Assessment Firth Study CFPA Port of 31- FY Business 9323224 Cromarty 3,000 2,000 0 Complete Aug-2010 2010-11 Innovation Firth Grant Port of Development 24- FY 9340490 Cromarty of Additional 4,000,000 3,373,217 Complete Apr-2013 2013-14 Firth Quayside ScotGrad Graduate Port of Placement 26- FY 9353592 Cromarty Programme - 6,008 5,771 Complete Oct-2015 2015-16 Firth Process Improvement Environmental Port of Phase 4 - 07- FY 9359208 Cromarty Ground 200,000 200,000 Complete Apr-2017 2017-18 Firth Investigation Phase 4 - Port of Land 26- FY 9352759 Cromarty Reclamation 5,450,000 2,300,000 5,642,609 Active Nov-2018 2018-19 Firth and New Quayside

Project 9340490 – Phase 3 – £20m development which involved the reclamation of 10 acres of land adjacent to the west side of the Queen’s dock, effectively extending the west arm of the dock to give 150 metres of quay. HIE Funding - £4,000,000 .

Project 9352759 – Phase 4 - £31m development of an on-going investment programme which involved the land reclamation works including dredging operations to create an additional 4.5ha of laydown area and 218 metres of quayside. HIE Funding £7,750,000 (HIE £5,450,00 : ERDF £2,300,000).

John Finnie (Highlands and Islands) (Scottish Green Party): To ask the Scottish Government what access to (a) funding and (b) other public support local communities have to hold Trust Ports to account. (S5W-31478) Michael Matheson: There are no specific funding avenues for local communities to access to hold trust ports to account. Trust ports should ensure on going communication with stakeholders through hosting annual meetings and consultations to enable stakeholders to offer their views. The composition of a trust board is also best served when there is expertise covering the working components of the port and where there is knowledge and consideration of local issues and impacts.