Questions and answers

Question reference: S6W-37169

Asked by: Stephen Kerr, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 01 May 2025
Current Status: Answered by Maree Todd on 14 May 2025

To ask the Scottish Government, in light of the Scottish National Party 2021 manifesto commitment to abolish non-residential care charges, for what reason the number of local authorities introducing or raising such fees has reportedly increased since 2022.

Under Section 87(1A) of the Social Work (Scotland) Act 1968, a local authority may charge for the adult non-residential, non-personal care it provides such as day care, lunch clubs, meals-on-wheels, community alarm and help with shopping and housework.

Local authorities have the powers to develop their own charging policies for non-residential social care and support. These charging policies are designed with the primary objective of offsetting the costs of providing services at a local level.

COSLA produces annual guidance to help promote consistency in policies, however variation often exists due to local accountability and conditions. COSLA and the Scottish Government recognises that local authorities require autonomy and flexibility to adapt to their local circumstances.

COSLA guidance recommends that charges should be reasonable and must be no higher than the cost to the local authority of providing the service. In reality most charges are much lower than the cost of providing the service.

The Scottish Government recognises that the cost of care can be high for people particularly in the current financial climate. We are committed to working with COSLA to review non-residential charges.

Question reference: S6W-37144

Asked by: Stephen Kerr, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 01 May 2025
Current Status: Answered by Graeme Dey on 14 May 2025

To ask the Scottish Government what assessment it has made of any risks posed by Scottish universities maintaining research and commercial partnerships with Chinese institutions identified by UK national security agencies as being linked to the Chinese military or state.

Although national security is reserved to the UK Government, the Scottish Government has continued to engage with UK Government regarding collaborations with Chinese state-linked institutions.

The Scottish Government expect universities, as autonomous bodies, to conduct due diligence on managing risks associated with international partnerships and comply with relevant legal requirements, including the National Security Act 2023, and National Security and Investment Act 2021.

Question reference: S6W-37170

Asked by: Stephen Kerr, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 01 May 2025
Current Status: Answered by Maree Todd on 14 May 2025

To ask the Scottish Government how many hours of social care support could have been delivered with the £30 million that was reportedly spent on developing the National Care Service (Scotland) Bill.

We are delivering much needed social care reform through the National Care Service, and it is a complex programme of change. The reported £28m reflects the funding allocated to developing National Care Service proposals since August 2021. The vast majority of the allocation is funding for existing Scottish Government staff and co-design work.

To put the £28m spent on the NCS into context, that is just 0.2% of the total health and social care budget on a system that we agree isn’t currently working. This is not unreasonable or a waste of investment. It includes co-design and engagement work ensuring people with lived experience of accessing and delivering social care services, social work and community health are partners in developing the National Care Service proposals.

Question reference: S6W-36910

Asked by: Stephen Kerr, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 01 May 2025
Current Status: Answered by Angela Constance on 14 May 2025

To ask the Scottish Government what its position is on whether wigs and other gender-affirming items should be provided at public cost to prisoners who have violated prison rules or engaged in threating or abusive behaviour while in custody, and what the reasons are for its position on the matter.

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

The Scottish Prison Service agree that those living in custody with protected characteristics, such as gender reassignment, should be supported wherever reasonably practicable.

The Management of Transgender People in Custody Policy 2023 indicates that in addition to local property entitlements, transgender people may need access to other property to assist them. This is considered on an individualised basis.

Entitlement to this property is made through assessment that forms part of a transgender person’s individual case management process and is consistent with SPS’s commitment to ensuring equality, diversity and human rights for all individuals living in prisons.

Any breach of discipline will be dealt with in accordance with the Scottish and Young Offenders Institutions (Scotland) Rules 2011. Any punishment awarded by the adjudicator will be proportionate to the charge and the evidence presented.

Question reference: S6W-37077

Asked by: Stephen Kerr, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 29 April 2025
Current Status: Answered by Shirley-Anne Somerville on 14 May 2025

To ask the Scottish Government how many of its public agencies, including NHS boards and local authorities, currently operate single-sex services based on gender identity rather than biological sex, and what steps are being taken to address this.

The information requested is not held centrally by the Scottish Government and is a matter for individual public bodies. The Equalities and Human Rights Commission (EHRC) is the body responsible for regulating and enforcing the Equality Act 2010. The Scottish Government is already undertaking a review of existing policies, guidance and legislation impacted by the recent Supreme Court judgment but will require to fully consider the revised Guidance and Code from the EHRC when it is issued, along with the Supreme Court judgment itself, before any changes could be made.

Question reference: S6W-37083

Asked by: Stephen Kerr, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 30 April 2025
Current Status: Answered by Shirley-Anne Somerville on 14 May 2025

To ask the Scottish Government how it plans to protect freedom of speech for public servants, teachers and other professionals who hold or express gender-critical views, in light of the Supreme Court ruling regarding For Women Scotland v The Scottish Ministers.

There are existing protections for freedom of speech and the Equality Act 2010 protects people from discrimination or harassment at work or in other areas of their life, because of their religious or philosophical beliefs.

The Equality Act 2010 is mainly reserved to the UK Parliament and UK Government. The regulator, the Equality and Human Rights Commission, has issued guidance on avoiding discrimination and harassment in the workplace and there is a Statutory Code of Practice on Employment.

Freedom of speech is a qualified right and the ways in which a person’s religion or belief is manifested might not be protected if this impacts on the legal rights of others, including those with the protected characteristic of gender reassignment, not to be discriminated against or harassed.

Question reference: S6W-36862

Asked by: Stephen Kerr, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 15 April 2025
Current Status: Answered by Graeme Dey on 13 May 2025

To ask the Scottish Government what contingency planning it has undertaken to mitigate the impact of any reduced international student recruitment on university finances.

The Scottish Funding Council (SFC) has a statutory duty set out in the Further and Higher Education (Scotland) Act 2005 to secure the coherent provision by the post-16 education bodies (as a whole) of a high quality of fundable further education and fundable higher education. As autonomous institutions, universities have the key role in mitigating financial pressures and external risks.

The SFC monitors and assesses the financial health and the sustainability of universities through regular engagement and analysis of financial returns, which universities are required to submit to SFC each academic year. This includes consideration of a wide range of factors, including international enrolments.

Scotland’s first International Education Strategy (IES), published in February last year, highlighted the positive impact that international students make and sets out the actions that the Scottish Government will take to promote Scotland as a study destination and to attract and diversify our international student population.

Question reference: S6W-36875

Asked by: Stephen Kerr, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 15 April 2025
Current Status: Answered by Maree Todd on 13 May 2025

To ask the Scottish Government what it is doing to reduce any delays in care package approvals, in light of reported warnings that 90% of care homes have seen reductions in local authority-funded packages.

Under the Social Work (Scotland) Act 1968 local authorities and Health and Social Care Partnerships have a duty to assess the social care support needs of people and decide, in light of that assessment, arrange suitable services, if required.

We understand the pressures faced and addressing long waiting times for Social Care Assessment is one of the reasons that the 2025-26 Budget prioritised both the Local Government Settlement and the Health & Social Care portfolio with both receiving record funding allocations.

This includes almost £2.2bn for social care and integration – increasing investment by £1.2bn since 2021-22. On top of that, our Budget makes a record £15 billion available for councils for 2025-26.

Question reference: S6W-36863

Asked by: Stephen Kerr, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 15 April 2025
Current Status: Answered by Graeme Dey on 13 May 2025

To ask the Scottish Government what steps it is taking to reduce the reported overreliance of universities on international student markets for financial stability.

The Scottish Funding Council (SFC) has a statutory duty set out in the Further and Higher Education (Scotland) Act 2005 to secure the coherent provision by the post-16 education bodies (as a whole) of a high quality of fundable further education and fundable higher education. As autonomous institutions, universities have the key role in mitigating financial pressures and external risks.

The SFC monitors and assesses the financial health and the sustainability of universities through regular engagement and analysis of financial returns, which universities are required to submit to SFC each academic year. This includes consideration of a wide range of factors, including international enrolments.

We need an immigration system that supports our higher education sector to deliver the best learning, research and student experience. That is why the First Minister announced proposals for a Scottish Graduate Visa - to support a clear pathway for international students to build their careers in Scotland and contribute to our economy and wider society.

Question reference: S6W-36882

Asked by: Stephen Kerr, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 15 April 2025
Current Status: Answered by Graeme Dey on 13 May 2025

To ask the Scottish Government what discussions it has had with universities regarding the enforcement of academic integrity policies, in light of the increased use of generative AI tools.

Universities are autonomous institutions with responsibility for their own academic misconduct policies, including in relation to students’ use of generative Artificial Intelligence tools.

The Scottish Government has engaged with key sector stakeholders, including the Scottish Funding Council (SFC) and Quality Assurance Agency (QAA), on the ways in which these bodies are supporting universities with use of generative Artificial Intelligence (AI) tools and adaptations to academic integrity policies.

The SFC, as the body with statutory responsibility for quality assurance of provision by colleges and universities, has worked alongside the QAA to develop guidance and share best practice across the sector to address the risks and opportunities presented by generative AI tools, and their potential impact on assessments, academic integrity and standards.

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