Questions and answers

Question reference: S4W-30677

Asked by: Roderick Campbell, MSP for North East Fife, Scottish National Party
Date lodged: Thursday, 10 March 2016
Current Status: Initiated by the Scottish Government. Answered by Paul Wheelhouse on 21 March 2016

To ask the Scottish Government what progress has been made on revising the Fire and Rescue Framework for the Scottish Fire and Rescue Service.

I have today (21 March 2016) launched a consultation on the Fire and Rescue Framework for Scotland 2016 which invites comment on our future strategic priorities for the Scottish Fire and Rescue Service. Copies of the consultation papers will be placed in the Scottish Parliament Information Centre (Bib. number 57678).

This draft framework has been developed in partnership with the Scottish Fire and Rescue Service.

Question reference: S4W-30689

Asked by: Roderick Campbell, MSP for North East Fife, Scottish National Party
Date lodged: Thursday, 10 March 2016
Current Status: Initiated by the Scottish Government. Answered by Michael Matheson on 21 March 2016

To ask the Scottish Government whether the emergency services in Scotland are expected to use the same mobile communications network as their counterparts in the rest of Great Britain after the current contracts with Airwave expire.

Yes.

As outlined by the Minister for Community Safety and Legal Affairs in his response to S4W-27311 on 17 September 2015, the Emergency Services Mobile Communications Programme has developed proposals for a replacement Emergency Services Network (ESN) which will be enhanced, flexible and affordable. The UK Government has endorsed these proposals and the Scottish Government has confirmed to UK Government ministers that the proposals offer an acceptable route for meeting the future mobile communications needs of our emergency services as regards functional capability, orderly transition, financial affordability and effective governance. These proposals also have the potential to provide collateral benefit, by improving the general availability of mobile connectivity across Scotland.

As the ESN’s prime contractor and system integrator, the Home Office has awarded contracts for its central components, while continuing to lead procurement planning for key supplementary aspects. The Scottish Government is a co-sponsor of the programme (along with relevant UK Government departments and the Welsh Government) and is represented and participates in all key aspects of programme governance. It is intended that the ESN’s application to Scotland will be underpinned by a Memorandum of Understanding with the Home Office, which will define mutual rights and responsibilities around the network’s collaborative governance and funding.

In addition, Scottish Ministers will continue to press the UK Government to exercise its power to give Police Scotland and the Scottish Fire and Rescue Service the same ability to reclaim VAT as equivalent ESN users.

All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx.

Question reference: S4W-30683

Asked by: Roderick Campbell, MSP for North East Fife, Scottish National Party
Date lodged: Thursday, 10 March 2016
Current Status: Initiated by the Scottish Government. Answered by Michael Matheson on 11 March 2016

To ask the Scottish Government whether there has been an increase in the use of special measures for children and vulnerable adult witnesses since the relevant provisions of the Victims and Witnesses (Scotland) Act 2014 came into force on 1 September 2015.

The Victims and Witnesses (Scotland) Act 2014 introduces various measures to improve support for victims and witnesses, putting victims' interests at the heart of the justice system and ensuring that witnesses are able to fulfil their public duty effectively.

Information provided by the Scottish Courts and Tribunals Service indicates a marked increase in the number of applications for special measures since 1 September 2015. In particular, increases in applications for the use of screens and supporters are extremely encouraging.

The Scottish Courts and Tribunals Service uses a live operational case management system for the processing of court business. The information held on the system is structured for these operational needs, rather than for statistical reporting or research purposes. The information provided in the following tables is based on the best information available from the case management system as at 8 March 2016. Data is produced by the Scottish Courts and Tribunals Service Management Information Analysis Team.

All solemn special measure applications – adult

Special Measure – Application	Jan 15	Feb 15	Mar 15	Apr 15	May 15	Jun 15	Jul 15	Aug 15	Sep 15	Oct 15	Nov 15	Dec 15	Jan 16	Feb 16	2015 Total	2016 1 Jan to 29 Feb
Video – in court	6	0	7	6	2	1	2	13	2	4	3	8	3	2	54	5
Screens	58	33	46	53	51	57	57	50	47	66	51	40	62	87	609	149
Video – between courts	7	5	0	5	5	0	9	8	1	10	6	2	6	7	58	13
Video – remote	0	2	1	2	1	3	4	2	2	1	3	1	1	2	22	3
Supporter	78	42	61	65	57	62	76	71	52	88	66	51	78	101	769	179
Other application	0	1	0	0	0	0	0	1	0	0	2	2	2	4	6	6
Total	149	83	115	131	116	123	148	145	104	169	131	104	152	203	1,518	355

All solemn special measure applications – child

Special Measure – Application	Jan 15	Feb 15	Mar 15	Apr 15	May 15	Jun 15	Jul 15	Aug 15	Sep 15	Oct 15	Nov 15	Dec 15	Jan 16	Feb 16	2015 Total	2016 1 Jan to 29 Feb
Video – in court	7	19	4	2	3	6	3	5	7	12	3	7	4	6	78	10
Screens	13	21	25	34	25	22	27	49	27	46	23	18	31	35	330	66
Video – between courts	1	10	10	3	5	15	9	2	0	4	7	4	5	0	70	5
Video – remote	3	5	13	4	3	2	2	13	7	4	1	3	3	4	60	7
Supporter	28	51	51	45	36	41	41	66	44	66	33	31	63	67	533	130
Other application	3	3	0	5	2	1	2	1	2	2	2	5	2	4	28	6
Total	55	109	103	93	74	87	84	136	87	134	69	68	108	116	1,099	224

All summary special measure applications – adult

Special Measure – Application	Jan 15	Feb 15	Mar 15	Apr 15	May 15	Jun 15	Jul 15	Aug 15	Sep 15	Oct 15	Nov 15	Dec 15	Jan 16	Feb 16	2015 Total	2016 1 Jan to 29 Feb
Video – in court	18	15	18	17	22	11	18	12	11	19	20	28	36	24	209	60
Screens	73	73	84	58	68	63	62	74	100	335	454	585	805	965	2,029	1,770
Video – between courts	5	0	1	0	4	0	4	8	1	4	1	4	4	3	32	7
Video – remote	14	7	12	4	9	4	10	10	13	10	8	3	23	4	104	27
Supporter	111	101	121	74	102	82	89	98	134	357	468	639	869	994	2,376	1,863
Other application	0	9	1	0	1	0	1	2	5	21	25	26	43	46	91	89
Total	221	205	237	153	206	160	184	204	264	746	976	1285	1780	2036	4841	3816

All summary special measure applications – child

Special Measure – Application

Jan
15

Feb
15

Mar
15

Apr
15

May
15

Jun
15

Jul
15

Aug
15

Sep
15

Oct
15

Nov
15

Dec
15

Jan
16

Feb
16

2015 Total

2016 1 Jan to 29 Feb

Video – in court

48

47

50

45

39

48

40

59

52

51

46

41

71

52

566

123

Screens

202

133

186

159

139

163

170

211

124

193

194

187

222

206

2,061

428

Video – between courts

10

3

11

3

8

9

17

5

15

8

5

17

8

111

25

Video – remote

35

24

27

18

36

34

35

34

23

34

26

20

32

11

346

43

Supporter

273

188

258

213

212

233

240

295

204

284

275

274

407

356

2,949

763

Other application

1

4

8

4

2

5

4

7

4

3

5

3

7

50

14

Total

569

399

540

442

436

492

506

623

412

580

554

530

756

640

6,083

1,396

In 2015 there were a total of 13,541 special measure applications of which 12,634 were granted. Already this year (until 29 February 2016) there have been 5,791 special measure applications of which (until 10 February 2016) 3,369 were granted.

Question reference: S4W-30521

Asked by: Roderick Campbell, MSP for North East Fife, Scottish National Party
Date lodged: Wednesday, 09 March 2016
Current Status: Initiated by the Scottish Government. Answered by Michael Matheson on 9 March 2016

To ask the Scottish Government whether it will provide an update on its consideration of an application for legal aid towards the costs of a private prosecution from representatives of some of the families of victims of the Glasgow bin lorry tragedy.

Private prosecutions are, and should remain, exceptionally rare in Scotland. Responsibility for decisions on whether or not to prosecute alleged criminal offences in Scotland rests clearly with the Crown. The Crown Office and Procurator Fiscal Service has a strong record in prosecuting crime.

The Bill for Criminal Letters, submitted to the High Court on behalf of some of the families of the bin lorry tragedy, raises issues that have not previously been tested in case law with reference to the very small number of previous private prosecutions in Scotland.

On that basis, and that basis alone, ministers propose to make a determination under section 4(2)(c) of the Legal Aid (Scotland) Act 1986 requiring the Scottish Legal Aid Board to make legal aid available to the representatives of the families for preparation and for the hearing before the High Court to consider the Bill for Criminal Letters. The hearing will allow the High Court to consider whether the Bill for Criminal letters raises exceptional circumstances that would justify a private prosecution proceeding.

The determination is not being made on the basis that ministers agree that the circumstances set out in the application for funding constitute exceptional circumstances, which is a matter for the court to consider. Nor is it made on the basis that ministers agree that there was any error in law in the decision by the Crown. The Lord Advocate has set out publicly the basis for the decision not to progress a prosecution following the bin lorry tragedy.

In line with human rights requirements and the need to be represented in a hearing considering a potential criminal prosecution, ministers will also make determinations in response to requests to make legal aid available to the representatives of the driver of the bin lorry, Harry Clarke, and also to William Payne, with reference to a potential private prosecution following the tragic deaths of Mhairi Convy and Laura Stewart.

Our first thoughts remain with the families of John Sweeney, Lorraine Sweeney, Erin McQuade, Stephenie Tait, Gillian Ewing and Jacqueline Morton, who died in the 2014 Glasgow bin lorry tragedy, and Mhairi Convy and Laura Stewart who died in a separate incident in Glasgow in December 2010.

Question reference: S4W-30455

Current Status: Initiated by the Scottish Government. Withdrawn

Question reference: S4F-03295

Asked by: Roderick Campbell, MSP for North East Fife, Scottish National Party
Date lodged: Monday, 07 March 2016
Current Status: Taken in the Chamber on 10 March 2016

To ask the First Minister what the Scottish Government's response is to figures from the Association of Leading Visitor Attractions, which show a 5.5% increase in visitor numbers at attractions in Scotland in 2015.

Question reference: S4O-05557

Asked by: Roderick Campbell, MSP for North East Fife, Scottish National Party
Date lodged: Wednesday, 03 February 2016
Current Status: Awaiting answer

To ask the Scottish Government what discussions it is having with the UK Government regarding the proposed referendum on EU membership.

Question reference: S4F-03222

Asked by: Roderick Campbell, MSP for North East Fife, Scottish National Party
Date lodged: Monday, 01 February 2016
Current Status: Taken in the Chamber on 4 February 2016

To ask the First Minister what the Scottish Government’s position is on the review of NHS drug assessments.

Question reference: S4F-03181

Asked by: Roderick Campbell, MSP for North East Fife, Scottish National Party
Date lodged: Monday, 18 January 2016
Current Status: Taken in the Chamber on 21 January 2016

To ask the First Minister what the Scottish Government's position is on the Resolution Foundation report, The State of Working Scotland.

Question reference: S4O-05282

Asked by: Roderick Campbell, MSP for North East Fife, Scottish National Party
Date lodged: Wednesday, 13 January 2016
Current Status: Awaiting answer

To ask the Scottish Government whether the Cabinet Secretary for Culture, Europe and External Affairs considers that the EU Charter of Fundamental Rights is of benefit to Scotland.

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