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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: S5W-14423

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 06 February 2018
Current Status: Answered by Shona Robison on 28 February 2018

To ask the Scottish Government whether it will hold an inquiry or set up a commission into assisted dying, and what the reasons are for its position on this matter.

The Stage 1 debate of the Assisted Suicide (Scotland) Bill was held in the Scottish Parliament in May 2015. The views expressed were considered, sincere, and respectfully heard by all involved. Ultimately, the Scottish Parliament decided not to proceed with this legislation.

The Scottish Government respects the will of the Parliament on assisted dying, and is focussed on improving the care and support available to people at the end of life. As such there are no plans to set up an inquiry or commission into assisted dying at this time.

Question reference: S5W-14421

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 06 February 2018
Current Status: Answered by James Wolffe QC on 27 February 2018

To ask the Scottish Government, in light of the recent decision to overturn the conviction against a husband who helped his terminally ill wife to die, whether the Lord Advocate will consider issuing guidance regarding the prosecution of cases involving assisted dying.

The Lord Advocate does not intend to issue guidance regarding the prosecution of cases involving assisted dying. In Scotland, such cases are considered according to the law of homicide. As in all cases, the first question is whether or not there is sufficient admissible evidence to justify commencing proceedings. Assuming that the report discloses sufficient admissible, reliable and credible evidence of a crime committed by the accused, the prosecutor must then consider what action is in the public interest. The factors which require to be taken into account in assessing the public interest will vary according to the circumstances of each case. Such a decision would be made in accordance with the published COPFS Prosecution Code.

It should be noted that in the recent appeal case referred to, the husband’s conviction for culpable homicide was not overturned; rather his sentence of imprisonment was quashed and he was admonished. Sentencing is a matter for the court and not for the Lord Advocate.

Question reference: S5W-14166

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Monday, 29 January 2018
Current Status: Answered by Derek Mackay on 20 February 2018

To ask the Scottish Government what review it has carried out of the Scottish Procurement Policy Note embedded in the statutory guidance under the Procurement Reform (Scotland) Act 2014.

Scottish Procurement Policy Notes (SPPNs) provide public bodies with advice on a range of procurement policy issues. SPPN 04/2014, published in August 2014, provides advice to purchasers on the options available to them when dealing with companies active in illegal settlements. While the references to procurement Regulations within that SPPN relate to procurement exercises that have taken place before 18 April 2016, its key points remain applicable under procurement Regulations that came into effect on 18 April 2016.

The statutory guidance under the Procurement Reform (Scotland) Act 2014 published in March 2016 provides further guidance on the selection of tenderers and award of contracts and is available at http://www.gov.scot/Publications/2016/03/8410/0. The final Business and Regulatory Impact Assessment (BRIA) sets out our commitment to review implementation of this legislation. A copy of the BRIA is available on the Scottish Government website at: http://www.gov.scot/Resource/0043/00435515.pdf.

Question reference: S5O-01762

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 31 January 2018
Current Status: Answered by Keith Brown on 7 February 2018

To ask the Scottish Government what the impact has been of locating its Dublin trade hub within the British Embassy.

The Dublin Hub has successfully created and strengthened relationships in areas such as culture, business and trade, and government between Scotland and Ireland. The Hub promotes a modern and progressive Scotland as an attractive place to live, work, study and invest.

Scottish Government will continue to assess the specific character of the markets in which it operates, and decide on that basis on the best location for its representatives in country. Our experience in Dublin has been that the location of our Hub in the Embassy has advantages and disadvantages. Operating off an embassy platform allowed the Hub to establish itself quickly and operate at comparatively low cost. Operating as a part of the UK wide platform confers diplomatic status enabling easier access to Irish government structures and buildings. However, given the nature of the property, access to the Embassy is constrained by security considerations, which tends to limit operational scope and flexibility.

Question reference: S5O-01662

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 20 December 2017
Current Status: Answered by Fiona Hyslop on 10 January 2018

To ask the Scottish Government what conversations it has had with BBC Scotland regarding the programming and content for the broadcaster's new digital channel.

I have met BBC officials several times since they announced the new Scottish channel, including Director-General Lord Hall. We discussed the need for the BBC to ensure the new channel is properly resourced so it can commission high quality programming that will help develop our creative sector and meet the expectations of Scottish audiences. Content has been discussed only at the level of genre, where long-running drama is clearly important for the development of the sector in Scotland. It is not appropriate for the Scottish Government to seek to influence specific programming and content of the independent BBC.

Question reference: S5W-13391

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Thursday, 14 December 2017
Current Status: Answered by Shona Robison on 20 December 2017

To ask the Scottish Government what discussions NHS National Services Scotland has had with the Scottish Medicines Consortium regarding funding the use of KUVAN for the treatment of phenylketonuria.

Question reference: S5W-13369

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Thursday, 14 December 2017
Current Status: Answered by Shona Robison on 20 December 2017

To ask the Scottish Government what discussions NHS National Services Scotland has had with the drug manufacturer, BioMarin, regarding KUVAN, which is used in the treatment of phenylketonuria.

Question reference: S5W-12823

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Thursday, 16 November 2017
Current Status: Answered by Roseanna Cunningham on 29 November 2017

To ask the Scottish Government whether it has been given evidence that the use of remote training collars, anti-bark collars and electronic boundary collars can be harmful to the health and development of dogs.

The public consultation on 'Potential controls or prohibition of electronic training aids in Scotland' asked for such evidence.

Responses to this consultation can be found at https://consult.gov.scot/animal-welfare/electronic-training-aids/consultation/published_select_respondent and an analysis of the responses at https://consult.gov.scot/animal-welfare/electronic-training-aids/results/potential-controls-or-prohibition-of-electronic-training-aids-in-scotland-analysis.pdf.

We are also aware of the relevant published scientific research on the subject.

Question reference: S5W-12827

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Friday, 17 November 2017
Current Status: Answered by Annabelle Ewing on 29 November 2017

To ask the Scottish Government what procedures there are to allow homeowners the opportunity to challenge a Notice of Potential Liability for Costs (NPLC) on a property’s title deeds without incurring monetary loss through (a) Registers of Scotland or (b) legal recourse.

A Notice of Potential Liability for Costs (NPLC) expires after three years unless renewed. There are no fees or charges incurred when an NPLC expires.

If a homeowner wishes to challenge an NPLC they can discuss the issues with the person who registered the NPLC to see whether steps can be taken to resolve the matter. If agreement can be reached it is possible to register a discharge notice with the consent of the person who registered the NPLC. There are registration fees for registering a discharge notice.

Where the NPLC is registered in the Land Register (rather than the Register of Sasines, the older property register which is gradually being closed) the homeowner may request rectification of the register under section 80 of the Land Registration etc. (Scotland) Act 2012. The homeowner would need to be in a position to demonstrate that there is a manifest inaccuracy in the register. The Keeper need not investigate whether the information contained in the NPLC is accurate, but will rectify the register if satisfied that there is a manifest inaccuracy and it is manifest removal of the NPLC would rectify that inaccuracy. No fee for rectification is payable. More information is available at https://www.ros.gov.uk/services/registration/land-register/faqs/inaccuracy-and-rectification

It is open to a homeowner to seek recourse through the courts. There will be costs associated with raising an action in the courts. Individuals may, in certain cases, be eligible for legal aid. The Scottish Legal Aid Board will be able to provide information on an individual’s eligibility to claim legal aid.

Question reference: S5W-12828

Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
Date lodged: Friday, 17 November 2017
Current Status: Answered by Annabelle Ewing on 29 November 2017

To ask the Scottish Government what safeguards there are to ensure that all of the information provided by the homeowner and applicant is (a) relevant to the registration of a Notice of Potential Liability for Costs (NPLC) on a property’s title deeds (b) made available to both parties prior to the registration of the notice.

When registering a Notice of Potential Liability for Costs (NPLC) the applicant has to provide a range of information.

The property must be described in a way that is sufficient to identify it. Where the property has a postal address, the description must include that address. Where title to the property has been registered in the Land Register of Scotland, the description must refer to the title number of the property or of the larger subjects of which it forms part. Otherwise, the description should normally refer to and identify a deed recorded in a specified division of the Register of Sasines.

The maintenance or work must be described.

The name and address of the person applying for registration of the notice must be provided or the applicant’s name and the name and address of the applicant’s agent must be provided.

The notice must be signed by or on behalf of the applicant.

Under section 112 of the Land Registration etc. (Scotland) Act 2012, it is a criminal offence for any party submitting an application to the Keeper for registration in the Land Register knowingly or recklessly to include materially false or misleading statements or to fail to disclose material information in such an application.

The NPLC has to be registered at least 14 days before the incoming owner becomes the new owner in order to allow time for the property registers to be searched by solicitors for purchasers.