Questions and answers

Question reference: S6W-15334

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Friday, 24 February 2023
Current Status: Answered by Richard Lochhead on 7 March 2023

To ask the Scottish Government what action it is taking to support those affected by workplace bullying.

The Scottish Government is clear that that bullying and harassment of any worker, under any circumstances, is unacceptable. All employers have a duty of care to protect the health, safety and welfare of their workers. We endorse the Fair Work Convention's Fair Work Framework and agree that every worker, regardless of status or position, should be treated fairly and with respect.

Employment law, Equality law and Health and Safety legislation remains reserved to the UK Government. Only with the devolution of further powers will the Scottish Government have the full set of levers to take real action on workplace injustices.

On 09 December 2022 we published our refreshed Fair Work Action Plan, and are committed to promoting effective voice channels, such as trade unions, allowing workers views to be heard and help tackle issues such as workplace bullying. In addition, we are also introducing a requirement for recipients of public sector grants to provide effective voice channels as a condition of the grant, effective from 1 July 2023, as per the Bute House Agreement. This further recognises the role of effective voice in allowing the other dimensions of Fair Work to be realised, and in fostering a culture where bullying and harassment is prevented.

Where workers feel they have been unfairly treated, they should have the option of raising concerns through their workplace grievance and/or bullying and harassment procedures, seeking support from their recognised trade union representative if present. All workers should have access to justice via an employment tribunal, and should seek free and impartial advice from the Advisory, Conciliation and Arbitration Service wherever required.

Question reference: S6W-15336

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Friday, 24 February 2023
Current Status: Answered by Richard Lochhead on 7 March 2023

To ask the Scottish Government what financial support it provides to organisations that support workers who are not members of a trade union and are affected by workplace bullying.

The Scottish Government believes that bullying and harassment of any worker, under any circumstances, is unacceptable. We endorse the Fair Work Convention's Fair Work Framework and agree that every worker, regardless of status or position, should be treated fairly and with respect.

The Scottish Government promotes the role of Citizens Advice Scotland and the Advisory, Conciliation and Arbitration Service (ACAS) in providing advice and support on workplace issues, such as bullying and harassment.

We are also committed to supporting strong trade unions in Scotland for the benefit of workers and our economy. It is our belief that a progressive approach to industrial relations and to trade unionism is at the very heart of a fairer, more successful society, and we are clear that trade unions are key social partners in delivering our economic and social aspirations. Trade unions are a mechanism for providing effective voice in workplaces and have a role to play in tackling issues such as workplace bullying.

Question reference: S6W-15030

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Thursday, 16 February 2023
Submitting member has a registered interest.
Current Status: Answered by Jenny Gilruth on 6 March 2023

To ask the Scottish Government what it estimates any financial benefit will be to David MacBrayne Ltd from Associated British Ports’ acquisition of Solent Gateway Ltd.

Question reference: S6W-15277

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 22 February 2023
Current Status: Answered by Kevin Stewart on 2 March 2023

To ask the Scottish Government what steps it has taken regarding the recommendation of the Scottish Mental Health Law Review that the development of support, training and guidance for attorneys should include "consideration of ways in which access to granting a power of attorney may be eased".

The Scottish Government encourages everyone to arrange power of attorney so that their needs and wishes can be met in the unfortunate event that they cannot make decisions for themselves.

The Scottish Mental Health Law Review published its final report on 30 September 2022 and set out over 200 proposals for reform. The report recommendations are complex and wide-ranging, and cross-government work is underway to consider them and assess their implications. The Scottish Government intends to set out its initial response to the Review report, including priority actions that will be taken forward, by summer 2023.

Question reference: S6W-15278

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 22 February 2023
Current Status: Answered by Kevin Stewart on 2 March 2023

To ask the Scottish Government what steps it is taking to increase awareness of the importance of a power of attorney, particularly for those who may benefit more from having a power of attorney, as highlighted by the Scottish Mental Health Law Review.

The Scottish Government is supporting 29 Health and Social Care partnerships in their national media campaign of actively raising awareness of the importance of taking out a power of attorney with their local communities.

We will consider the recommendations In the Scottish Mental Health Law Review carefully and decide how we can further promote and highlight the need for every adult in Scotland to consider appointing an attorney whilst they have capacity to do so.

Question reference: S6W-15279

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 22 February 2023
Current Status: Answered by Kevin Stewart on 2 March 2023

To ask the Scottish Government what steps it has taken regarding the recommendation of the Scottish Mental Health Law Review that the development of support, training and guidance for attorneys should include "consideration of ways in which the cost of a power of attorney can be eased".

The Scottish Government encourages everyone to arrange power of attorney so that their needs and wishes can be met in the unfortunate event that they cannot make decisions for themselves.

Currently financial help is available, through legal aid for those who qualify, to assist people who might not be able to afford the cost of a solicitor to draw up a power of attorney. A fee exemption is also available for registering the power of attorney with the Office of the Public Guardian for people who qualify.

The Scottish Mental Health Law Review published its final report on 30 September 2022 and set out over 200 proposals for reform. The report recommendations are complex and wide-ranging, and cross-government work is underway to consider them and assess their implications. The Scottish Government intends to set out its initial response to the Review report, including priority actions that will be taken forward, by summer 2023.

Question reference: S6W-15274

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 22 February 2023
Current Status: Answered by Kevin Stewart on 2 March 2023

To ask the Scottish Government, in relation to the recommendation of the Scottish Mental Health Law Review for the act of a GP completing a power of attorney (POA) certificate to be included as an NHS-funded service, whether it plans to implement the recommendation, and, if so, within what timescale, and whether any financial support will be made available to people who apply for a POA certificate prior to implementation.

The Scottish Mental Health Law Review published its final report on 30 September 2022 and set out over 200 proposals for reform. The report recommendations are complex and wide-ranging, and cross-government work is underway to consider them and assess their implications. The Scottish Government intends to set out its initial Scottish Government response to the Review report, including priority actions that will be taken forward, by summer 2023.

Currently financial help is available, through legal aid for those who qualify to assist people who might not be able to afford the cost of a solicitor to draw up a power of attorney. A fee exemption is also available for registering the power of attorney with the Office of the Public Guardian for people who qualify.

Question reference: S6W-15276

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 22 February 2023
Current Status: Answered by Kevin Stewart on 2 March 2023

To ask the Scottish Government whether it has any plans to develop an advice helpline or online support for those who hold a power of attorney, as recommended by the Scottish Mental Health Law Review, and, if so, within what timescale.

The Scottish Government recognises that acting as an attorney can be very demanding and attorneys must have information on their rights and responsibilities and the safeguards in place to protect individuals. This will benefit both them and the adults they are supporting.

The Scottish Mental Health Law Review published its final report on 30 September 2022 and set out over 200 proposals for reform. The report recommendations are complex and wide-ranging, and cross-government work is underway to consider them and assess their implications. The Scottish Government intends to set out its initial response to the Review report, including priority actions that will be taken forward, by summer 2023.

Question reference: S6O-01872

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Thursday, 02 February 2023
Current Status: Taken in the Chamber on 8 February 2023

To ask the Scottish Government how its cross-government co-ordination of Covid Recovery policies is supporting data collection to assess the impact of long COVID.

Question reference: S6O-01819

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 18 January 2023
Current Status: Taken in the Chamber on 25 January 2023

To ask the Scottish Government what its response is to the report, Leave no one behind, from The Health Foundation.

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