Questions and answers

Question reference: S6O-03204

Asked by: Russell Findlay, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 06 March 2024
Current Status: Taken in the Chamber on 14 March 2024

To ask the Scottish Government whether it will provide an update on its plans to tackle social isolation and loneliness.

Question reference: S6O-03168

Asked by: Russell Findlay, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 28 February 2024
Current Status: Taken in the Chamber on 7 March 2024

To ask the Scottish Government whether it will provide an update on how it plans to support local authorities to address the issue of potholes in the road network.

Question reference: S6T-01830

Asked by: Russell Findlay, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 26 February 2024
Current Status: Taken in the Chamber on 27 February 2024

To ask the Scottish Government what its response is to reports that Police Scotland's Proportionate Response to Crime pilot, in which not all reported crimes were investigated, is to be extended across Scotland.

Question reference: S6W-25218

Asked by: Russell Findlay, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 05 February 2024
Current Status: Answered by Angela Constance on 26 February 2024

To ask the Scottish Government whether any funding for policing set out in the Scottish Budget 2024-25 will be directed towards tackling retail crime, including shoplifting and abuse and violence towards shop workers.

The Scottish Government recognises the significant disruption and harm to both businesses and individuals from retail crime and continues to support the innovative Scottish Partnership Against Acquisitive Crime (SPAACE) strategy.

The partnership is led by Police Scotland working with retailers and other organisations including Retailers Against Crime and Neighbourhood Watch Scotland, with a focus on the prevention, deterrence and where appropriate enforcement. The Strategy seeks to minimise opportunities for this type of crime, protect individuals and businesses, and deliver clear advice and guidance for prevention.

We will invest £1.55 billion in policing in 2024-25. Specific decisions on deployment of resources are a matter for the Chief Constable who is accountable to the Scottish Police Authority.

I would urge retailers and customers to continue to engage with Police Scotland and other partners to help safeguard their business, the people that work there and their community.

Question reference: S6W-25211

Asked by: Russell Findlay, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 06 February 2024
Current Status: Answered by Angela Constance on 26 February 2024

To ask the Scottish Government what action it is planning to take regarding reviewing the Crown Office’s prosecution of sub-postmasters in Scotland in relation to issues with the Post Office’s Horizon IT system.

The Crown Office and Procurator Fiscal Service (COPFS) is operationally independent of the Scottish Ministers.

The UK Government have established an independent inquiry into the Post Office Horizon IT system and the Scottish Ministers agreed with the UK Government that this inquiry should consider devolved matters relating to Scotland. The prosecution of sub-postmasters in Scotland by COPFS is being considered by the inquiry and COPFS have provided evidence to them.

Question reference: S6W-25217

Asked by: Russell Findlay, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 05 February 2024
Current Status: Answered by Angela Constance on 26 February 2024

To ask the Scottish Government what its position is on whether retail crime, including shoplifting, should form part of the Scottish Police Authority’s Strategic Police Priorities.

Under the Police and Fire Reform (Scotland) Act 2012, the Scottish Government is responsible for developing Strategic Police Priorities (SPPs), which it does in consultation with partners. Revised priorities are due to be published by the end of 2025.

Prevention and investigation of crime already feature prominently in the existing SPPs, and Police Scotland and its officers and staff remain focused on these aims.

The changing nature of policing and criminal activity will always be considered in any future changes to the SPPs.

It is for Police Scotland, which is accountable to the Scottish Police Authority, to determine the operational delivery of policing in Scotland. When setting priorities for the upcoming year, Police Scotland considers many factors, including demand analysis, emerging threat harm and risk, and futures and horizon scanning. Furthermore, many of the Local Police Plans , refreshed for 2023-26, include specific activities focusing upon acquisitive crime and engagement with partners and stakeholders, ensuring that focus upon the concerns of retailers is addressed at a local level.

The Scottish Government recognises the significant disruption and harm to both businesses and individuals from retail crime and continues to support the innovative Scottish Partnership Against Acquisitive Crime (SPAACE) strategy. The partnership is led by Police Scotland working with retailers and other organisations including Retailers Against Crime and Neighbourhood Watch Scotland, with a focus on the prevention, deterrence and where appropriate enforcement. The Strategy seeks to minimise opportunities for this type of crime, protect individuals and businesses, and deliver clear advice and guidance for prevention.

We will invest £1.55 billion in policing in 2024-25. Specific decisions on deployment of resources are a matter for the Chief Constable and the Scottish Police Authority.

Question reference: S6W-25215

Asked by: Russell Findlay, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 05 February 2024
Current Status: Answered by Angela Constance on 26 February 2024

To ask the Scottish Government whether it will provide details of the process that will be used to deal with the reported complaint that has been made against the Chief Constable of Police Scotland by a civilian colleague, the Deputy Chief Officer.

Question reference: S6W-25216

Asked by: Russell Findlay, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 05 February 2024
Current Status: Answered by Angela Constance on 26 February 2024

To ask the Scottish Government whether it will provide an update on its plans to conduct a review into the dual role of the Lord Advocate.

The Scotland Act emphasises the Law Officers' independence from any other person as they undertake their prosecutorial and investigation of deaths functions, a principle they uphold in everything they do in an objective and professional manner.

The Scottish Government has commissioned expert research into the functions of the Law Officers which will be considered when determining next steps.

This research will ensure a detailed baseline understanding of the many distinct roles and functions of the Law Officers and will provide information on how the functions of Law Officers operate in other countries.

Question reference: S6W-25210

Asked by: Russell Findlay, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 06 February 2024
Current Status: Answered by Angela Constance on 21 February 2024

To ask the Scottish Government when (a) officials and (b) ministers first became aware of any concerns regarding the Post Office’s Horizon IT system.

Management of the Post Office is a reserved matter for the UK Government, and the Scottish Government has no role in the investigation of miscarriages of justice, which is a matter for the independent Scottish Criminal Cases Review Commission.

Issues regarding the Post Office’s Horizon IT system were in the public domain from 2009.

The first record the Scottish Government has of any official or minister being made directly aware of any concerns regarding the Post Office’s Horizon IT system, is in an email from a member of the public dated 23 January 2020 addressed to the then First Minister. This email related to calls for a Public Inquiry into the Horizon IT system, a matter which is reserved and falls into the responsibility of the UK Government.

The Scottish Government was first formally made aware of concerns regarding the Post Office’s Horizon IT system by the Scottish Criminal Cases Review Commission (SCCRC) on 2 July 2020, at quarterly sponsorship meeting with Scottish Government officials.

Following this, on 29 September 2020 the then Cabinet Secretary for Justice was made aware by officials in the Scottish Government that the SCCRC intended to write out to 73 people with criminal convictions potentially affected by issues arising from the Post Office’s Horizon computer system, and encouraging all those who may have suffered a miscarriage of justice to make contact with it.

Question reference: S6W-25219

Asked by: Russell Findlay, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 05 February 2024
Current Status: Answered by Dorothy Bain on 20 February 2024

To ask the Scottish Government how many (a) arrests, (b) prosecutions, (c) convictions and (d) any other disposals there have been under the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2021 in each year since it came into force.

Statistics on the number of arrests for offences under the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2021 would be kept by the Police Service of Scotland and are not available to COPFS.

Since the act came into force on 24 August 2021, there have been a total of 3,607 charges reported to COPFS for offences under that act.

Of those charges, 2,976 were marked for court proceedings and 1,199 resulted in convictions. Accordingly, 323 of those charges resulted in acquittals, while 141 were marked for ‘no further action’. A case may be marked for no further action where it is no longer in the public interest to prosecute or where it is no longer considered that there is sufficient evidence. The remaining 1,313 of the charges marked for court proceedings are still ongoing as of 31 January 2024.

Of the 631 charges which were reported to COPFS but not marked for court proceedings:-

320 were marked for a direct measure, 83 marked for no action, 74 are still awaiting a marking decision. Of the 320 marked for a direct measure, 19 were marked for a combined fiscal fine and requirement to pay compensation. A further 19 were marked for compensation alone. 61 were marked for a fiscal fine alone. 66 were marked for diversion. 6 were marked for an unpaid work offer. 122 were referred to the Scottish Childrens Reporter and 27 were issued with a warning.

A total of 154 charges were not separately actioned. This is where no action was taken against that particular charge but action (prosecution in court or direct measure) was taken against the accused in relation to other charges emanating from the same case.

Seòmar agus comataidhean