Questions and answers

Question reference: S5W-22285

Asked by: Angela Constance, MSP for Almond Valley, Scottish National Party
Date lodged: Thursday, 21 March 2019
Current Status: Answered by Joe FitzPatrick on 17 April 2019

To ask the Scottish Government, further to the answer to question S5W-21307 by the Lord Advocate on 11 February 2019, how many cases have been reported each year to (a) the Death Certification Review Service and (b) its predecessor organisations; how many were subsequently referred to the Scottish Fatalities Investigation Unit, and how many post mortems were instructed by the Crown.

The following table provides the total number of repatriations registered each year with the Death Certification Review Service (DCRS). It also sets out the number of repatriations reported by DCRS to the Crown Office and Procurator Fiscal Service (COPFS) and the number of post-mortem examinations subsequently instructed by COPFS.

The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 came into force on 15 June 2017. Prior to that date COPFS could not carry out investigations into deaths abroad and accordingly no cases were reported by DCRS to COPFS. Since 2015 COPFS and DCRS have been in frequent contact regarding deaths, including repatriations, and the system works well.

Prior to DCRS being established, the Scottish Government was responsible for examining the death certification of individuals repatriated to Scotland who were to be cremated, and, where appropriate, authorising the cremation to take place. In cases where the Scottish Government found paperwork to be incomplete, cremation would not be authorised.

Unlike DCRS, which examines all repatriations whether for burial or cremation, the Scottish Government did not review paperwork where a burial was to take place, nor did it refer cases to COPFS. Information on the total number of repatriations prior to the establishment of DCRS is, therefore, not held centrally.

Year	Number of repatriations registered with DCRS	Number of repatriations reported by DCRS to COPFS	Number of post-mortem examinations subsequently instructed by COPFS
13 May 2015 – 31 March 2016	170	-	-
1 April 2016 – 31 March 2017	174	-	-
1 April 2017 – 31 March 2018	183	0	0
1 April 2018 - 31 March 2019	140 (part year to 31 December 2019)	*	*

* Indicates values that have been suppressed due to the potential risk of disclosure.

- Indicates years prior to the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 coming into force.

Question reference: S5W-22384

Asked by: Angela Constance, MSP for Almond Valley, Scottish National Party
Date lodged: Wednesday, 27 March 2019
Current Status: Answered by Fiona Hyslop on 10 April 2019

To ask the Scottish Government how much local authorities have spent on culture in each of the last two years for which information is available, also broken down by council.

The details are shown in the following table. Culture and Related Services includes Culture and Heritage, Tourism, Recreation and Sport and Library Services.

Table 1: Net Revenue Expenditure on Culture and Related Services, 2016-17 and 2017-18 by Local Authority

	2016-17	2017-18
	£000	£000	% change
Scotland	576,677	560,790	-2.75
Aberdeen City	26,537	26,825	1.08
Aberdeenshire	21,566	20,900	-3.08
Angus	9,053	8,390	-7.32
Argyll & Bute	7,818	7,346	-6.04
Clackmannanshire	5,049	4,341	-14.02
Dumfries & Galloway	14,858	14,619	-1.61
Dundee City	18,722	17,456	-6.76
East Ayrshire	8,515	8,547	0.37
East Dunbartonshire	8,835	9,523	7.78
East Lothian	16,600	16,112	-2.94
East Renfrewshire	8,424	8,973	6.52
Edinburgh, City of	36,898	31,415	-14.86
Eilean Siar	3,697	3,516	-4.89
Falkirk	14,234	14,774	3.79
Fife	41,342	41,167	-0.42
Glasgow City	102,581	100,726	-1.80
Highland	19,731	19,967	1.19
Inverclyde	8,498	8,159	-3.99
Midlothian	8,117	8,263	1.79
Moray	7,330	7,100	-3.14
North Ayrshire	18,015	15,912	-11.67
North Lanarkshire	34,893	33,241	-4.73
Orkney Islands	4,396	4,358	-0.86
Perth & Kinross	16,623	17,961	8.05
Renfrewshire	19,464	19,793	1.69
Scottish Borders	12,654	11,790	-6.83
Shetland Islands	4,621	4,290	-7.16
South Ayrshire	10,894	11,158	2.42
South Lanarkshire	28,902	28,104	-2.76
Stirling	9,112	10,180	11.72
West Dunbartonshire	12,121	12,587	3.84
West Lothian	16,577	13,297	-19.79

Question reference: S5W-22290

Asked by: Angela Constance, MSP for Almond Valley, Scottish National Party
Date lodged: Thursday, 21 March 2019
Current Status: Answered by James Wolffe QC on 4 April 2019

To ask the Scottish Government, further to the answer to question S5W-21302 by Humza Yousaf on 26 February 2019, once a body is repatriated, under what circumstances a fiscal will instruct a local enquiry to be carried out to clarify how a person died.

I refer the member to the answer to question S5W-21307 which I answered on 11 February 2019, which states:

When the remains of a person resident in Scotland who has died abroad are repatriated to Scotland the repatriation requires to be reported to the Death Certification Review Service (DCRS). Medical examiners within DCRS are responsible for ensuring that no burial or cremation of such remains occurs where there is no acceptable form of death certification. DCRS has a budget for post-mortem examinations in such circumstances. Where it appears that the death has occurred in suspicious circumstances (information about which may come from paperwork accompanying the body or from nearest relatives or funeral directors instructed by them) DCRS will intimate the circumstances to the Scottish Fatalities Investigation Unit of the Crown Office and Procurator Fiscal Service. SFIU/COPFS may then take control of the remains and instruct a post-mortem examination. In deciding whether or not a post mortem should be instructed, the Procurator Fiscal will consult with the pathologist instructed by the Crown.

“SFIU and DCRS are in frequent contact regarding deaths, and the system works well. It is not considered that there is any need for these arrangements to be re-examined.

All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx .

Question reference: S5W-22289

Asked by: Angela Constance, MSP for Almond Valley, Scottish National Party
Date lodged: Thursday, 21 March 2019
Current Status: Answered by James Wolffe QC on 4 April 2019

To ask the Scottish Government, further to the answer to question S5W-21304 by Humza Yousaf on 26 February 2019, how many times the Lord Advocate has used his discretionary powers each year under the Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016, also broken down by how many times this was in relation to a death abroad in suspicious circumstances.

The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (the 2016 Act), (the 2016 Act), was brought into force by parliament on 15 June 2017.

In terms of section 4 of the 2016 Act, the Lord Advocate may instruct a Fatal Accident Inquiry (an FAI) into a person’s death if it is considered that the death was sudden, suspicious or unexplained, or occurred in circumstances giving rise to serious public concern, and that it is in the public interest for an inquiry to be held into the circumstances of the death. Assessing whether it is in the public interest to hold a discretionary fatal accident inquiry in relation to a death will depend very much on the particular facts and circumstances surrounding the death.

Since the 15 June 2017, the Procurator Fiscal has given notice to the Scottish Courts and Tribunal Service (SCTS) on two occasions that a fatal accident inquiry is to be held in terms of section 4 of the 2016 Act. In both of the inquiries referred to the death occurred in Scotland.

Question reference: S5W-22292

Asked by: Angela Constance, MSP for Almond Valley, Scottish National Party
Date lodged: Thursday, 21 March 2019
Current Status: Answered by Humza Yousaf on 3 April 2019

To ask the Scottish Government, further to the answers to questions S5W-21305 and S5W-21308 by Humza Yousaf on 26 February 2019, although it has no power to provide consular assistance, what (a) financial and (b) other support it can offer to help the families (i) emotionally and practically and (ii) in meeting repatriation, translation, transport and other costs.

The Scottish Government will, when appropriate, raise concerns with the Foreign Office on behalf of Scots affected by deaths abroad and signpost them to agencies in Scotland to help them access the support they require. Following repatriation of the deceased, several organisations within Scotland can provide support for the bereaved families including ‘Victim Support Scotland’.

In addition, there are a range of issues which Scottish families face when dealing with the death of a loved one abroad in suspicious circumstances, which are often also faced by victims of crime in Scotland. The Victims Taskforce will consider how these common issues can be tackled, informed by the experiences of victims themselves.

However, as I had previously indicated I do not believe that the current system is wholly satisfactory, and await with interest the report from the All-party UK Parliamentary Group on Deaths Abroad and Consular Services and Assistance and I am keen to explore this issue further.

Question reference: S5W-22295

Asked by: Angela Constance, MSP for Almond Valley, Scottish National Party
Date lodged: Thursday, 21 March 2019
Current Status: Answered by Humza Yousaf on 3 April 2019

To ask the Scottish Government, further to the answer to question S5W-21305 by Humza Yousaf on 26 February 2019, how devolved services could be improved across the public and voluntary sector to provide better support for these families.

The Scottish Government are committed to doing everything it can to help families who suffer the death of a loved one abroad but as I know you are aware it is the role of the Foreign and Commonwealth Office (FCO) to provide consular support. However, as I had previously indicated I do not believe that the current system is wholly satisfactory, and await with interest the report from the All-party UK Parliamentary Group on Deaths Abroad and Consular Services and Assistance and I am keen to explore this issue further.

More generally, the Scottish Government is committed to improving the help we provide to victims of crime. As indicated previously, I am aware that there are a range of issues which Scottish families face when dealing with the death of a loved one abroad in suspicious circumstances, which are often also faced by victims of crime in Scotland. The Victims Taskforce will consider how these common issues can be tackled, informed by the experiences of victims themselves.

Question reference: S5W-22291

Asked by: Angela Constance, MSP for Almond Valley, Scottish National Party
Date lodged: Thursday, 21 March 2019
Current Status: Answered by Humza Yousaf on 2 April 2019

To ask the Scottish Government, further to the answers to questions S5W-21302 and S5W-21303 by Humza Yousaf on 26 February 2019, what its position is on expanding the role of the family liaison officers beyond the duty to communicate with family and relatives when a Police Scotland investigation is required, including by (a) providing assistance with liaison with foreign jurisdictions and (b) offering other ongoing support.

How and when Family Liaison Officers (FLOs) are deployed is a matter for Police Scotland.

The primary roles of a Police Scotland Family Liaison Officer are to provide information to and signpost support for the family in a sensitive and compassionate manner in accordance with the needs of the investigation; to gather evidence and information from the family in a manner which contributes to the investigation and preserves its integrity; and to secure the confidence and trust of the family thereby enhancing their contribution to the investigation.

The role of an FLO can only include communication on behalf of a foreign police service when Police Scotland have been asked to do so by that service as they may not be the holders of key information related to the investigation.

However, I am keen to explore this issue further and await the report from the All-party UK Parliamentary Group on Deaths Abroad and any views they may take.

Question reference: S5O-03054

Asked by: Angela Constance, MSP for Almond Valley, Scottish National Party
Date lodged: Wednesday, 20 March 2019
Current Status: Taken in the Chamber on 27 March 2019

To ask the Scottish Government how it is supporting housing, regeneration and community empowerment in the Almond Valley constituency.

Question reference: S5W-21861

Asked by: Angela Constance, MSP for Almond Valley, Scottish National Party
Date lodged: Wednesday, 27 February 2019
Current Status: Answered by Fiona Hyslop on 6 March 2019

To ask the Scottish Government how much Scottish Enterprise has invested in video games companies in each year since 2008.

Question reference: S5W-21310

Asked by: Angela Constance, MSP for Almond Valley, Scottish National Party
Date lodged: Wednesday, 30 January 2019
Current Status: Answered by Humza Yousaf on 27 February 2019

To ask the Scottish Government how it supports third sector organisations that support the families of resident Scots who have died abroad in suspicious circumstances.

The Scottish Government is providing £13.8 million to Victim Support Scotland over the period 2018-19 – 2020-21 to help victims of crime.

Victim Support Scotland has an agreement with the Foreign and Commonwealth Office to provide emotional and practical support to families of Scots who have died abroad as a result of murder or manslaughter; helping them to deal with the added trauma, complications and cost that a death abroad can cause.

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