Questions and answers

Question reference: S6W-07853

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Tuesday, 05 April 2022
Current Status: Answered by Patrick Harvie on 26 April 2022

To ask the Scottish Government what its response is, regarding any impact on its policies and action in this area, to the recommendation in the University of Central Lancashire report, A Critical Appraisal of the UK’s Regulatory Regime for Combustible Façades, that BS 8414 testing must be reviewed further.

The Scottish Government is aware of the cited report and its recommendation that the BS 8414 test must be reviewed. We are also aware of the ongoing research sponsored by the UK Government on BS 8414 testing and the work by the European Commission in the development of a large scale façade fire test.

Following consultation last year, The Building Scotland (Amendment) Regulations 2022 were laid in the Scottish Parliament on 22 April. From 1 June 2022, these regulations introduce a ban on combustible cladding systems on residential and other high risk buildings over 11 metres. For such buildings, BS 8414 can no longer be used as an alternative means of compliance with building regulations.

Question reference: S6W-07854

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Tuesday, 05 April 2022
Current Status: Answered by Patrick Harvie on 26 April 2022

To ask the Scottish Government when it last met the Fire Protection Association to discuss the use of BS 8414 testing on buildings of any height.

Question reference: S6W-07855

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Tuesday, 05 April 2022
Current Status: Answered by Patrick Harvie on 26 April 2022

To ask the Scottish Government what its position is on whether BS 8414 testing for external cladding systems on buildings is robust.

The Scottish Government are aware of ongoing criticisms of the BS 8414 test. Opinion on the test within the sector remains divided. The test standard has not been withdrawn by the British Standards Institution and its purpose is to provide data to enable evaluation of the fire performance of components when combined to form a complete cladding system.

Following consultation last year, the Building Scotland (Amendment) Regulations 2022 were laid in the Scottish Parliament on 22 April. From 1 June 2022, these regulations introduce a ban on combustible cladding systems on residential and other high risk buildings over 11m. For such buildings, BS 8414 can no longer be used as an alternative means of compliance with building regulations.

Question reference: S6W-07856

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Tuesday, 05 April 2022
Current Status: Answered by Keith Brown on 25 April 2022

To ask the Scottish Government on which date it anticipates the full public consultation will launch on a statutory duty of candour for police officers in the operation of their duty.

The Scottish Government will continue to support Police Scotland and wider partners as they respond to Dame Elish Angiolini’s review. We will launch a public consultation this year on those recommendations which require legislative change including creating an explicit duty of candour for police officers. The responses to this consultation will provide the basis for bringing forward a Bill and Regulations which will promote fairness and transparency and strengthen public confidence in our police. I will provide a further update to Parliament in due course.

Question reference: S6W-07857

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Tuesday, 05 April 2022
Current Status: Answered by Keith Brown on 22 April 2022

To ask the Scottish Government what its position is on the recommendation in the report of the Independent Review of Complaints Handling, Investigations and Misconduct Issues in Relation to Policing that there should be an explicit duty of candour on Police Scotland to co-operate fully with all investigations into allegations against its officers.

The Scottish Government is committed to accepting the majority of recommendations in the Dame Elish Angiolini review, many as specifically set out, but with scope to explore options where other routes or mechanisms may achieve the desired outcome. We will consult on recommendations which will, or are likely to, require legislation this year including that there should be a statutory duty of candour.

‎ As published in the most recent thematic progress report in December 2021, initial discussions with operational partners and staff associations have taken place on this recommendation ahead of the full public consultation. We will continue to engage with stakeholders throughout the consultation period and will provide updates through the thematic progress report, with the next due to be published in June 2022.

Question reference: S6W-07543

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Wednesday, 23 March 2022
Current Status: Answered by Keith Brown on 21 April 2022

To ask the Scottish Government how many strip searches carried out by Police Scotland on under 18-year-olds in each of the last three years have resulted in officers finding an item of concern.

The Scottish Government does not hold information on the number of strip searches carried out by Police Scotland. This information is held by Police Scotland.

Data Publication - Police Scotland .

The Stop and Search Code of Practice stipulates that a record must be made of any search in the exercise of any power to which the Code applies. The Code also sets out what information must be recorded, including whether a search was a standard search, a strip search within a police station, a strip search outwith a police station, or an intimate search. Police Scotland publish this data quarterly on their website:

Additionally, section 7 of the Code of Practice outlines additional considerations that should be taken when a search involves a child or a young person, requiring Police Officers to ensure that their actions are fully compatible with the young person’s human rights under the UN Convention on the Rights of the Child.

Question reference: S6W-07542

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Wednesday, 23 March 2022
Current Status: Answered by Keith Brown on 21 April 2022

To ask the Scottish Government how many inadmissible items have been found during strip searches at (a) young offenders institutions and (b) secure units, in each of the last three years.

As detailed in the response to Parliamentary Question S6W-07540 on 21 April 2022, the Scottish Prison Service does not undertake strip searches. It does not collate centrally any items recovered during body searches.

The Scottish Government does not collate information on inadmissible items found during strip searches carried out in secure units.

All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

Question reference: S6W-07540

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Wednesday, 23 March 2022
Current Status: Answered by Keith Brown on 21 April 2022

To ask the Scottish Government how many strip searches have taken place at (a) young offenders institutions and (b) secure units, in each of the last three years, broken down by age of the individual searched.

The Scottish Prison Service carries out ‘rub down searches’ or ‘full body searches’ rather than strip searches. These are performed in line with SPS search procedures, and are not recorded. Information on the number of body searches carried out is not collated centrally.

The Care Inspectorate is responsible for the regulation of care services for children and young people in Scotland, and assessing safety is a key element of inspection.

Within secure care, this extends to considering how the service protects children and young people from unsafe and unknown articles being brought into the service. The Care Inspectorate require each secure care service to keep records if a member of staff needs to search any person or their property. The service’s record should identify reasons for a search , the person authorising, staff involved and any subsequent action arising. The Care Inspectorate does not hold aggregated or centralised data.

Scotland’s secure centres all subscribe to the October 2020 secure care pathways and standards, co-designed with young people who have experience of secure care. All secure centres have written search policies reflecting the expectations set out in those standards. There is no central data on the number of strip searches carried out in each independent secure unit.

Question reference: S6W-07541

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Wednesday, 23 March 2022
Current Status: Answered by Keith Brown on 21 April 2022

To ask the Scottish Government how many strip searches have been carried out by Police Scotland on under 18-year-olds in each of the last three years, broken down by (a) age and (b) gender.

The Scottish Government does not hold information on the number of strip searches carried out by Police Scotland. This information is held by Police Scotland.

Data Publication - Police Scotland .

The Stop and Search Code of Practice stipulates that a record must be made of any search in the exercise of any power to which the Code applies. The Code also sets out what information must be recorded, including whether a search was a standard search, a strip search within a police station, a strip search outwith a police station, or an intimate search. Police Scotland publish this data quarterly on their website:

Additionally, section 7 of the Code of Practice outlines additional considerations that should be taken when a search involves a child or a young person, requiring Police Officers to ensure that their actions are fully compatible with the young person’s human rights under the UN Convention on the Rights of the Child.

Question reference: S6O-00982

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Wednesday, 13 April 2022
Current Status: Taken in the Chamber on 21 April 2022

To ask the Scottish Government when it last met with COSLA and Police Scotland to discuss safe access for all women to clinics and hospitals.

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