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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: S4W-17753

Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 15 October 2013
Current Status: Answered by Alex Neil on 12 November 2013

To ask the Scottish Government whether it will amend the Marriage and Civil Partnership (Scotland) Bill to state that the current definition of marriage is a belief worthy of respect in a democratic society.

Question reference: S4W-17757

Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 15 October 2013
Current Status: Answered by Alex Neil on 12 November 2013

To ask the Scottish Government whether it will amend the Charities and Trustee Investment (Scotland) Act 2005 to specify that organisations opposed to same-sex marriage will not fail to meet the charity test because of this view.

No. We do not consider such an amendment is necessary.

Section 7 of the Charities and Trustee Investment (Scotland) Act 2005 provides that a body meets the charity test if its purposes consist only of one or more of the charitable purposes and it provides public benefit. One of the charitable purposes laid down in section 7 of the 2005 Act is the advancement of religion.

Decisions on charitable status are a matter for the Office of the Scottish Charity Regulator (OSCR). OSCR have advised us that the simple expression of a view on same sex marriage which was to the furtherance of a body’s charitable purposes is not expected to adversely affect the body’s charitable status.

In addition, the Marriage and Civil Partnership (Scotland) Bill has provision at section 14 making it clear that the introduction of same sex marriage will have no impact on existing rights to freedom of speech.

Question reference: S4W-17756

Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 15 October 2013
Current Status: Answered by Alex Neil on 12 November 2013

To ask the Scottish Government, if same-sex marriage was introduced, what its position is on whether it would be appropriate for public sector employers to take into account the views on this of (a) applicants for posts and (b) staff when considering their suitability for employment.

The Government considers that public sector appointments should be based on merit and not on any views which applicants and staff may have on same sex marriage.

Local authorities and public bodies are subject to the Equality Act 2010 and, as such, are directly prohibited from discriminating against any person because of their religion or belief.

In addition, the Human Rights Act 1998 makes it unlawful for public authorities to breach the European Convention on Human Rights. The convention includes provisions on the right to freedom of thought, conscience and religion and the right to freedom of expression.

Question reference: S4W-17754

Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 15 October 2013
Current Status: Answered by Alex Neil on 12 November 2013

To ask the Scottish Government whether it will seek to amend the Equality Act 2010 to (a) include in the protected characteristic of religion or belief, support for the current definition of marriage and (b) ensure that people opposed to same-sex marriage should not experience any detriment because of their views.

No.

The Scottish Government fully respects the belief held by many people and organisations that marriage can only ever be between a man and a woman. However, we would not support an amendment to the protected characteristic of religion or belief in the Equality Act 2010 to make specific provision on beliefs about marriage.

Adding a specific amendment to the protected characteristic which related to beliefs about marriage could cast doubt about whether other strongly held beliefs are covered as well.

Where necessary, the Government is proposing provision to protect specific persons, such as the provisions in the Marriage and Civil Partnership (Scotland) Bill, and related amendments to the 2010 Act, to make it clear that religious and belief bodies opposed to same sex marriage are under no obligation to solemnise such marriages.

The Government has indicated that persons opposed to same sex marriage should suffer no detriment just because of their reasonably expressed views. The Bill has provision at section 14 making it clear that the introduction of same sex marriage will have no impact on existing rights to freedom of speech. In addition, the Lord Advocate has issued prosecution guidance in relation to same sex marriage:

http://www.copfs.gov.uk/images/Documents/Prosecution_Policy_Guidance/Guidelines_and_Policy/PROSECUTION%20GUIDANCE%20IN%20RELATION%20TO%20SAME%20SEX%20MARRIAGE.pdf.

Question reference: S4W-18055

Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
Date lodged: Thursday, 31 October 2013
Current Status: Answered by Derek Mackay on 12 November 2013

To ask the Scottish Government when it will issue guidance to local authorities regarding the implementation of the High Hedges (Scotland) Act 2013.

Question reference: S4W-18023

Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
Date lodged: Thursday, 31 October 2013
Current Status: Answered by Alex Neil on 12 November 2013

To ask the Scottish Government, if same-sex marriage was introduced, what its position is on whether it would be appropriate for (a) prospective and (b) current foster carers who oppose it to have their suitability to provide such care questioned; whether it considers that it would be appropriate to ask them their views on the matter, and under what circumstances it considers that opposition to it would make a person unsuitable to provide foster care.

The key issue in relation to fostering is the welfare of the child. It would not be appropriate for prospective and current foster carers who oppose same sex marriage to have their suitability to foster children questioned just because of opposition to same sex marriage. Persons opposed to same sex marriage who are seeking to foster children must, like anybody else, demonstrate their suitability to foster children from a wide variety of backgrounds. It may be appropriate in some cases to ask persons seeking to foster how they would deal with cases such as a young person who is uncertain about his or her sexuality or a young person who is being bullied in school about their sexual orientation. If a person is unable to provide satisfactory answers to these types of questions, they may not be suitable to provide foster care. However, opposition to same sex marriage is not by itself sufficient to make a person unsuitable to provide foster care.

Question reference: S4W-18020

Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
Date lodged: Thursday, 31 October 2013
Current Status: Answered by Alex Neil on 12 November 2013

To ask the Scottish Government, if same-sex marriage was introduced, what its position is on whether it would be appropriate for public sector employees who oppose it to have their employer question them on their commitment to equality and diversity.

Public sector employees are entitled to have their own personal beliefs on same sex marriage and the Government would consider it inappropriate for public sector employers to question employees on their commitment to equality and diversity based solely on their belief that marriage should be between a man and a woman.

The Government fully appreciates that some public sector employees will be opposed to same sex marriage but will still approach their work in a professional and non-judgemental manner, respecting the diversity of service users.

Question reference: S4W-18022

Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
Date lodged: Thursday, 31 October 2013
Current Status: Answered by Alex Neil on 12 November 2013

To ask the Scottish Government, if same-sex marriage was introduced, what its position is on whether (a) people, (b) churches and (c) other organisations that oppose it should be entitled to (i) hire publicly-owned facilities and (ii) provide services in partnership with public bodies.

The Government discussed the point about religious bodies against same sex marriage being denied the use of public premises in the second consultation on same sex marriage, at paragraphs 62 to 65 of Annex A:

http://www.scotland.gov.uk/Publications/2012/12/9433/272398.

The Government considers that any local authority (or other public body) which refused to let premises to any organisation or person on the basis of their religious beliefs risks a successful claim of discrimination.

Local authorities and public bodies are subject to the Equality Act 2010 and, as such, are directly prohibited from discriminating against an organisation or person because of their religious belief. In addition, the Human Rights Act 1998 makes it unlawful for public authorities to breach the European Convention of Human Rights which includes the right to freedom of religion.

The Public Sector Equality Duty (at section 149 of the Equality Act 2010) requires local authorities and other public bodies to have due regard to various matters including fostering good relations between people who share protected characteristics and those who do not. However, relying on the Public Sector Equality Duty would not allow a local authority or public body to act unlawfully and discriminate against an organisation or person.

The Government also considers that there should be no discrimination against any organisation or person who is opposed to same sex marriage from providing services in partnership with public bodies, as long as the service is provided to all eligible persons. Any service provided through public money has to be available to all.

Question reference: S4F-01654

Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
Date lodged: Monday, 04 November 2013
Current Status: Taken in the Chamber on 7 November 2013

To ask the First Minister what the Scottish Government’s position is on the Student Awards Agency for Scotland's finding that the level of grants paid to university students from the poorest backgrounds has fallen by 3%.

Question reference: S4W-17661

Asked by: Murdo Fraser, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
Date lodged: Friday, 04 October 2013
Current Status: Answered by Derek Mackay on 30 October 2013

To ask the Scottish Government whether and, if so, how it will ensure that wind turbine applications currently in the planning process are refused planning permission if they are without an OFGEM licence or exemption from the Department of Energy and Climate Change.

Matters concerning OFGEM licences or exemptions relate to the interpretation of electricity legislation in the Court of Session’s decision in the Viking wind farm judicial review. The decision does not concern applications for planning permission made under planning legislation and to how the planning system operates.

Consequently, the Scottish Government considers that it is not appropriate to refuse planning permission for wind turbine applications without OFGEM licences or exemptions.