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Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

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Question reference: S6O-02534

Asked by: Foysol Choudhury, MSP for Lothian, Scottish Labour
Date lodged: Wednesday, 13 September 2023
Current Status: Taken in the Chamber on 20 September 2023

To ask the Scottish Government whether it can provide an update on how it plans to regularly monitor and evaluate the implementation of its Hate Crime Strategy for Scotland, in the lead up to the review that is planned for 2028.

Question reference: S6W-20638

Asked by: Foysol Choudhury, MSP for Lothian, Scottish Labour
Date lodged: Monday, 14 August 2023
Current Status: Answered by Jenni Minto on 11 September 2023

To ask the Scottish Government, further to the answer to question S6W-19017 by Maree Todd on 26 June 2023, what specific actions within the forthcoming Mental Health and Wellbeing Strategy are focused on protecting the mental health of patients with long-term conditions, including chronic kidney disease.

Question reference: S6W-20635

Asked by: Foysol Choudhury, MSP for Lothian, Scottish Labour
Date lodged: Monday, 14 August 2023
Current Status: Answered by Jenni Minto on 11 September 2023

To ask the Scottish Government whether it is reviewing how the recent update of the FreeStyle Libre 2 sensor to a continuous glucose monitor (CGM), with the possibility that it may be utilised in a hybrid closed loop system, will impact the roll-out of diabetes technology across Scotland.

Our Diabetes Improvement Plan contains a commitment to improving access to diabetes technologies, including CGMs for all who would benefit.

We work closely with key stakeholders through the Scottish Diabetes Group to identify challenges and opportunities which result from the availability of new diabetes technologies.

We recognise the impact that the update to Freestyle Libre 2 devices will have on existing users and will ensure that these changes are built into the ongoing development of technology pathways.

To improve access to diabetes technologies, we have initiated a partnership with the Centre for Sustainable Delivery (CfSD) and their Accelerated National Innovation Adoption (ANIA) programme.

Through the ANIA pathway workstream, the Scottish Government has invested a further £350,000 to accelerate the distribution of Closed Loop Systems which were procured nationally in 2022. This additional investment will be used to establish a national ‘onboarding’ team and trial new models of care. This will be in partnership with all 14 health boards in Scotland and will require ongoing engagement with the Managed Clinical Networks.

We are also working closely with key stakeholders across Scottish Government, NHS Boards and industry suppliers to determine the most effective plan for longer term access to diabetes technologies.

Question reference: S6W-20634

Asked by: Foysol Choudhury, MSP for Lothian, Scottish Labour
Date lodged: Wednesday, 16 August 2023
Current Status: Answered by Maree Todd on 5 September 2023

To ask the Scottish Government whether it has considered reviewing relevant legislation to allow residents in private care homes who can no longer afford to pay top-up fees to be transferred to a publicly-funded care home in the local authority where their current private care home is situated, in the event that the local authority where they were previously normally resident does not have any publicly-funded care home places available.

Where a person chooses a care home that does not accept the National Care Home Contract, the Community Care and Health (Scotland) Act 2002 and associated guidance Charging for Residential Accommodation Guidance (CRAG) allows for topping up of care home fees. The Act and guidance also sets out the conditions around the top up of care home fees and states that these arrangements should be sustainable.

Any contract agreed when an individual enters residential care should clearly set out what happens if any top up fees can no longer be paid, and this contract is covered by consumer protection laws. The Local Authority also has a statutory responsibility for the delivery, commissioning and charging for care home services.

Question reference: S6W-20591

Asked by: Foysol Choudhury, MSP for Lothian, Scottish Labour
Date lodged: Thursday, 10 August 2023
Current Status: Answered by Jenni Minto on 4 September 2023

To ask the Scottish Government what action it plans to take in light of a recent report by Asthma + Lung UK, which reportedly found that one in five people in Scotland struggle with breathlessness each day and that the poorest communities are most impacted by lung health inequalities.

We know that people living in poverty in Scotland are more likely to develop a lung condition than the general population, and recognise that we still have progress to make on improving access to care and treatment for respiratory conditions.

In March 2021, we published the first Respiratory Care Action Plan for Scotland (RCAP) . The Plan sets out our priorities and commitments for driving improvement in the prevention, diagnosis, care, treatment and support of people living with respiratory conditions. Tackling health inequalities is a key focus of the RCAP and we want to ensure a more targeted approach to supporting those who need it most.

The main focus of our respiratory programme this year will be on improving the availability of respiratory data. We have recently commissioned and funded Public Health Scotland to begin building a respiratory audit programme. This will better allow us to review the demographics of people living with respiratory conditions and ultimately ensure we deliver services which meet their needs.

We are also in the final stages of producing a best practice document for child to adult respiratory transitions, as well as working closely with key stakeholders to determine the best route to improve access to pulmonary rehabilitation services.

More widely, the Scottish Government is committed to supporting families and households face the increased cost of living. This includes the provision of services and financial support not available elsewhere in the UK that is helping to reduce everyday costs and increase incomes.

Question reference: S6W-20388

Asked by: Foysol Choudhury, MSP for Lothian, Scottish Labour
Date lodged: Thursday, 10 August 2023
Current Status: Answered by Angela Constance on 4 September 2023

To ask the Scottish Government what assurances it can give that the Scottish justice system will not wrongfully pursue individuals and leave taxpayers to absorb the cost of any compensation payments for any such wrongful prosecutions.

Under Scotland's criminal justice system, it is for the police to investigate possible breaches of the criminal law and for the Crown Office and Procurator Fiscal Service (COPFS) to consider whether prosecutions should be progressed in any given case. Decision-making within this area is for these independent agencies and the Scottish Government is not involved in decision-making in criminal cases. COPFS make decisions in the public interest using the process set out in their Prosecution Code . COPFS works closely with Police Scotland, the Scottish Courts and Tribunal Service and other partners to deliver justice in individual cases.

His Majesty Inspectorate of Constabulary in Scotland provides independent scrutiny of Police Scotland. Similar independent scrutiny of COPFS is provided by His Majesty’s Inspectorate of Prosecution in Scotland .

Where a person considers they may have experienced a miscarriage of justice, they can apply to the independent Scottish Criminal Cases Review Commission who have a statutory function to investigate miscarriages of justice with a view to individual cases being considered for return to the Appeal Court for a fresh appeal. This is a special power for criminal cases to be re-opened even after the normal appeals process may have been exhausted.

Where a person does have their conviction overturned in the Appeal Court, the Scottish Government operates two schemes relating to miscarriages of justice - the statutory scheme and the ex-gratia scheme.

Question reference: S6W-20492

Asked by: Foysol Choudhury, MSP for Lothian, Scottish Labour
Date lodged: Wednesday, 09 August 2023
Current Status: Answered by Jenni Minto on 29 August 2023

To ask the Scottish Government, further to the answer to question S6W-19956 by Jenni Minto on 2 August 2023, whether it will provide details of how exactly it will tackle the barriers that people face when trying to access diabetes technologies, including people experiencing financial difficulties due to the cost of living crisis.

A key commitment in our Diabetes Improvement Plan is to further increase access to existing and emerging technologies which can significantly benefit people with Type 1 diabetes and improve their quality of life. We do, however, understand that there are still some barriers to achieving equitable access across Scotland.

To tackle this, we have recently invested £350,000 through the Accelerated National Innovation Adoption (ANIA) pathway, to test new models of care and accelerate the distribution of existing technologies. We also continue to work closely with local Managed Clinical Networks (MCNs) to address any concerns around the distribution.

We will continue to actively engage with the diabetes community and those living with Type 1 diabetes to better understand the barriers they face, while also working with suppliers, NHS services and wider industry partners to increase access to technologies in the near future.

Question reference: S6W-20746

Asked by: Foysol Choudhury, MSP for Lothian, Scottish Labour
Date lodged: Friday, 18 August 2023
Current Status: Answered by Christina McKelvie on 29 August 2023

To ask the Scottish Government what urgent action it is taking to protect arts and cultural organisations, in light of reports that demand for Creative Scotland funding is currently more than double the available budget.

We value our culture sector and the fundamental part this plays in our everyday lives, our national identity, and how we present ourselves to the world.

The figures published recently by Creative Scotland are the results of the notice of intention to apply to their new multi year funding programme. Notice of intention to apply is only the first stage of the process and we expect this figure to reduce once Creative Scotland has started assessing applications and completed necessary due diligence.

We provide significant funding to Creative Scotland each year and will continue to do so, alongside our obligation to balance the budget and deliver the best value for every taxpayer in Scotland.

We will continue to work with the sector to identify barriers to recovery and do everything within our powers and resources to help it overcome these.

Question reference: S6W-20390

Asked by: Foysol Choudhury, MSP for Lothian, Scottish Labour
Date lodged: Thursday, 03 August 2023
Current Status: Answered by Christina McKelvie on 14 August 2023

To ask the Scottish Government what action it plans to take in light of a recent independent study, which found that an urgent overhaul of Scotland’s producing theatre sector is needed if it is to survive.

I welcome the publication of this report and the solutions to the issues that the sector is facing.

The Scottish Government will continue to work with the culture sector to identify barriers to immediate and long-term recovery and will continue to do everything within our powers and resources to help those most affected by current economic challenges.

The Scottish Government will discuss the recommendations contained within this report with Creative Scotland and also the trade unions.

Question reference: S6W-19960

Asked by: Foysol Choudhury, MSP for Lothian, Scottish Labour
Date lodged: Monday, 17 July 2023
Current Status: Answered by Jenni Minto on 3 August 2023

To ask the Scottish Government for what reason patients who required an interpreter were not included in the process to form a patient panel on chronic pain.

We recognise that there are higher levels of chronic pain amongst minority ethnic populations and included minority ethnic participants in the work with both The Lines Between Pain Management Panel consultations: report - gov.scot and Healthcare Improvement Scotland Gathering views on chronic pain | HIS Engage . Whilst budget did not allow for the use of an interpreter, both projects heard from minority ethnic participants. The published Pain Management Panel report details the breakdown of demographics included in the 16 member panel on page 6.