- Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
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Date lodged: Wednesday, 05 August 2015
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Current Status:
Answered by Shona Robison on 27 August 2015
To ask the Scottish Government whether it will consider amending Regulation 7 (2) (d) of the Public Services Reform (Social Services Inspections) (Scotland) Regulations 2011 (SSI 2011/185) regarding interviewing employees to include former employees who were employed at the premises during the period to which a complaint applies.
Answer
Regulation seven of SSI 2011/185 does not prevent former employees from being interviewed as part of an investigation into the provision of care standards, should they consent to doing so. Regulation seven (1) confers broad powers in relation to interviews while Regulation 7 (2) provides examples of the use of that power. As I explained in earlier correspondence, there is no provision on former employees to participate in an investigation against their will, however they often do so at their own choosing. I am aware that in a few cases this may have resulted in some employees choosing not to participate in an investigation into a care service they were employed in at the time of a complaint. It is important that scrutiny organisations such as the Care Inspectorate are empowered to fully investigate all aspects of complaints against care service providers.
The Care Inspectorate’s view is that this is not a significant barrier to allowing them to investigate complaints. However in order to ensure complaints can be suitably investigated I have asked them to keep this under review.
- Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
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Date lodged: Tuesday, 16 June 2015
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Current Status:
Answered by Paul Wheelhouse on 10 July 2015
To ask the Scottish Government, further to the answer to question S4W-20420 by Kenny MacAskill on 10 June 2014, what the most recent information is that it has on how many dog wardens there are, also broken down by local authority.
Answer
The most recent figures provided by local authorities are contained in the following table:
|
Local Authority
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Number of Dog Wardens
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Aberdeen City
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2
|
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Aberdeenshire
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3
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Angus
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1
|
|
Argyll and Bute
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8
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Clackmannanshire
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2
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Comhairle nan Eilean Siar
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0
|
|
Dumfries and Galloway
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3
|
|
Dundee City
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2
|
|
East Ayrshire
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1
|
|
East Dunbartonshire
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2
|
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East Lothian
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2
|
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East Renfrewshire
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18 Full Time
2 Part Time
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City of Edinburgh
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1
|
|
Falkirk
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2
|
|
Fife
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3
|
|
Glasgow City
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2
|
|
Highland
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7
|
|
Inverclyde
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1
|
|
Midlothian
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2
|
|
Moray
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2
|
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North Ayrshire
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1
|
|
North Lanarkshire
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3
|
|
Orkney
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n/a
|
|
Perth and Kinross
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3
|
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Renfrewshire
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2
|
|
Scottish Borders
|
0
|
|
Shetland Islands
|
2
|
|
South Ayrshire
|
1
|
|
South Lanarkshire
|
1
|
|
Stirling
|
2
|
|
West Dunbartonshire
|
1
|
|
West Lothian
|
2
|
*Orkney Council have not provided up-to-date figures.
It should be noted that not all of the figures provided by local authorities are for dedicated dog wardens. In some local authorities, dog warden duties are carried out by officers together with a range of other duties such as pest control and fly tipping enforcement in their capacity as community wardens or animal welfare and pest control officers. It is also the case that some authorised officers in terms of the Control of Dogs (Scotland) Act 2010 carry out general dog warden duties within their role of authorised officer.
- Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
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Date lodged: Thursday, 25 June 2015
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Current Status:
Answered by Aileen McLeod on 1 July 2015
To ask the Scottish Government whether it plans to review the Protection of Wild Mammals (Scotland) Act 2002.
Answer
The Scottish Government has no plans at present to review the Protection of Wild Mammals (Scotland) Act 2002.
- Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
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Date lodged: Monday, 22 June 2015
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Current Status:
Answered by Maureen Watt on 1 July 2015
To ask the Scottish Government what its position is on expanding the use of the “Solitaire” stent in people who have had an ischaemic stroke.
Answer
New treatments which may increase positive outcomes for people who have suffered an ischaemic stroke are to be welcomed. Trials in clot retrieval are important in order to build a strong evidence base to ascertain whether this treatment is safe and effective.
We remain committed to exploring the options for this treatment, starting with looking at the trial evidence and the outcome of the assessment which we recently funded.
- Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
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Date lodged: Monday, 15 June 2015
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Current Status:
Taken in the Chamber on 18 June 2015
To ask the First Minister whether the Scottish Government will introduce cervical screening for women over 60.
Answer
Taken in the Chamber on 18 June 2015
- Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
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Date lodged: Monday, 27 April 2015
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Current Status:
Taken in the Chamber on 30 April 2015
To ask the First Minister what recent communications there have been between the Scottish Government and the Home Office regarding an independent inspection of Dungavel detention centre.
Answer
Taken in the Chamber on 30 April 2015
- Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
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Date lodged: Thursday, 19 March 2015
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Current Status:
Answered by Lesley Thomson on 1 April 2015
To ask the Scottish Government whether it has had discussions with the Lord Advocate with a view to prosecuting the sale of new psychoactive substances, or so-called legal highs, following the precedent of Khaliq and Anor v HMA 1983 SCCR 483 (CCA); 1984 JC 23; 1984 SLT 137, in which the High Court on appeal refused to accept that there was any distinction between supply with knowledge of likely abuse and actual administration of a dangerous substance to a child.
Answer
In a previous answer to Parliament (S4O-04048) on 25 February 2015, I referred to the work that had already been undertaken by the Crown Office and Procurator Fiscal Service (COPFS) in this area. I attach a link to the Official Report: http://www.scottish.parliament.uk/parliamentarybusiness/28862.aspx?r=9797
COPFS issued guidance to Police Scotland in August 2014 prior to their national day of action on 22 August 2014 under Operation Redwall. The guidance specifically covered the use of the offence of culpable and reckless conduct and the type of evidence that would be required. COPFS continues to work with the police, local authorities and trading standards to ensure that, in this difficult area of law, the offence of culpable and reckless behaviour and other types of offences, in particular those under the product safety regulations are used when they are appropriate.
The Scottish Government thereafter on the 26 February 2015 published the review of the current legal framework available to govern the sale and supply of new psychoactive substances (NPS) which was carried out by the New Psychoactive Substances Expert Review Group. COPFS were represented on that group. The report is available at the following link:
http://www.gov.scot/Publications/2015/02/3802/0
The group considered the use of the common law offence of culpable and reckless conduct and looked at the case of Khaliq v HMA. They concluded that the offence of culpable and reckless conduct could be relevant to the sale and supply of NPS in certain circumstances.
- Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
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Date lodged: Monday, 16 March 2015
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Current Status:
Answered by Jamie Hepburn on 25 March 2015
To ask the Scottish Government what its position is on Scottish Borders Council's implementation of self-directed support as, according to its website, support is only available for needs identified as “critical” and “substantial” and resources are not available to meet “moderate” and “low” needs, and whether it considers that this is outwith the spirit of the law.
Answer
The Scottish Government expect all local authorities to comply with their duty of care under Section 12A of the Social Work (Scotland) Act 1968. They must be sure that the resources they allocate to a person are sufficient to meet their needs and any provision or assistance should be based on a detailed and outcomes-focussed social care assessment. Local authorities must be fair and transparent in allocation of funds.
The self-directed support statutory guidance provides a steer to local authorities that they should consider their strategy for investing in preventative and universal services – interventions which prevent or delay the need for formal social care and support.
The Scottish Government has provided funding of £720,000 from 2011-12 to 2015-16 to Scottish Borders Council to deliver the self-directed support strategy. Local authorities are expected to:
Invest an appropriate amount of funding in effective preventative and universal services.
Ensure services meet the needs of funded clients and the wider population, thus helping to prevent the escalation of needs.
- Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
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Date lodged: Monday, 16 March 2015
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Current Status:
Answered by Aileen McLeod on 23 March 2015
To ask the Scottish Government what its position is on reports that the MOD-operated Castlelaw ranges in the Pentland Hills have been contaminated with heavy metals that could contaminate the Glencorse reservoir and, in light of the potential health risks to the public and animals, what discussions it has had with (a) the MOD, (b) the Scottish Environment Protection Agency and (c) others.
Answer
Following representations to the Scottish Environment Protection Agency (SEPA) as to suggestions of contamination issues at the MOD-operated range at Castlelaw, the agency engaged with the operators to understand what issues, if any, existed and any associated environmental implications. Following these discussions, SEPA has advised that they do not consider there to be any risk to the environment.
- Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
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Date lodged: Wednesday, 25 February 2015
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Current Status:
Answered by Michael Matheson on 11 March 2015
To ask the Scottish Government what its position is on the number of serving police officers reported to the Crown Office and Procurator Fiscal Service in 2013-14, in light of a reported 6.7% of cases leading to proceedings, and what percentage of these proceedings (a) remain current and (b) led to a (i) guilty and (ii) not proven verdict.
Answer
The vast majority of police officers act with integrity but on the on the rare occasions when those standards may have fallen below those expected and criminality is inferred it is proper that there are independent and transparent processes in place to consider the evidence.
The information requested relates to data published in the Police Investigations and Review Commissioner’s (PIRC) report entitled Police Complaints: Statistics for Scotland 2013-14. The PIRC report sets out, on page 10, that 225 complaint cases were referred to the Crown Office and Procurator Fiscal Service following an allegation of criminality, with 6.7% of these cases leading to proceedings being taken.
The PIRC data only relates to referrals following complaints made against police officers by members of the public, where there is an allegation of criminality. If there is an inference of criminality, Police Scotland will report the officer to the Crown Office and Procurator Fiscal Service. Proceedings data are not held by either the Scottish Government or the Crown Office in relation to complaints made by the public.
Separately, the Crown Office and Procurator Fiscal Service (COPFS) has provided data relating to criminal cases where COPFS has received a standard prosecution report (SPR) from the police. Figures show that 135 police officers were the subject of criminal reports to COPFS in 2013-14. Of these, 60 officers were the subject of court proceedings: 30 were convicted, one was found not proven, six were found not guilty and 23 are ongoing. There has not yet been a final decision on whether or not to take court proceedings in respect of a further 39 officers.
