Questions and answers

Question reference: S6W-02136

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 10 August 2021
Submitting member has a registered interest.
Current Status: Answered by Graeme Dey on 8 September 2021

To ask the Scottish Government, further to the answer to question S6W-01420 by Graeme Dey on 6 August 2021, what plans it has to review the governance structures at Caledonian Maritime Assets Limited (CMAL).

Scottish Ministers advised the Rural Economy and Connectivity Committee throughout the course of their inquiry leading to publication in Dec 2020 of its report “The Procurement and Construction of Ferry Vessels in Scotland” that, as part of a drive for continuous improvement, a review would be undertaken of the current legal constraints and governance arrangements for the existing tripartite of CMAL, Transport Scotland and David MacBrayne Limited including its subsidiaries. We have already advised this review is underway and provided further details to the committee on 11 March 2021 and the answers to S6W-01516 and S6W-01517 on 6 August 2021

All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

Question reference: S6W-02134

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 10 August 2021
Submitting member has a registered interest.
Current Status: Answered by Ivan McKee on 7 September 2021

To ask the Scottish Government, further to the answer to question S6W-01419 by Graeme Dey on 6 August 2021, by what date it expects to report to the Scottish Parliament on the outcome of its consideration of the UK Government’s draft legislation.

Question reference: S6W-02135

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 10 August 2021
Submitting member has a registered interest.
Current Status: Answered by Graeme Dey on 6 September 2021

To ask the Scottish Government, further to the answer to question S6W-01420 by Graeme Dey on 6 August 2021, which organisation is carrying out the independent review; when the contract for this work was signed by Transport Scotland, and whether it will publish the terms of reference for this review.

These issues were addressed in my response to question S6W-01417 on 6 August 2021 and the name of the consultants, Ernst and Young LLP, was highlighted in our letter to the Rural Economy and Connectivity Committee of 11 March 2021. The contract was signed on 9 March 2021.

All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

Question reference: S6W-02137

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 10 August 2021
Submitting member has a registered interest.
Current Status: Answered by Graeme Dey on 6 September 2021

To ask the Scottish Government, further to the answer to question S6W-01202 by Graeme Dey on 6 August 2021, whether it will list (a) the seven core and (b) any additional shipbrokers that Caledonian Maritime Assets Limited (CMAL) are working with to identify suitable tonnage for charter on routes in the contract for Clyde and Hebrides Ferry Services, and (c) any vessels that have been recommended by a shipbroker to CMAL for purchase since 1 January 2015.

The information requested is held by Caledonian Maritime Assets Ltd who considers this to be commercially sensitive and that its release could make it more challenging to achieve value for money for Scottish taxpayers. In addition the Scottish Government could potentially be held responsible for any detrimental effect to the market value of the those vessels that remain available, should it be known it had decided against their purchase.

Question reference: S6O-00110

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 01 September 2021
Current Status: Taken in the Chamber on 9 September 2021

To ask the Scottish Government whether it will provide an update on its commitment to supporting the building of affordable homes for rent.

Question reference: S6W-02212

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Friday, 13 August 2021
Current Status: Answered by Ivan McKee on 31 August 2021

To ask the Scottish Government which companies have supplied PPE as part of a Scottish Government contract since March 2020, what the value of each contract was, and whether each contract followed the normal procurement arrangements.

From the Period March 2020 – July 2021 the following companies have supplied personal protective equipment (PPE) as part of a Scottish Government Contract:

Date of Award	Contract (Title or Description)	Supplier Name	Contract Value	Narrative detail (e.g. type or volume)
26-03-2020	Hand Sanitiser	The Beauty Kitchen UK Ltd	£201,800	Hand sanitiser gel in bottles (40,000 units of 500ml bottles; 10,000 units of 100ml bottles)
02-04-2020	Bottling of hand sanitiser	Trade Right International	£112,000	Bottling of hand sanitiser (50,000 units of 250ml bottles; 50,000 units of 500ml bottles)
23-04-2020	Bottling of hand sanitiser	Macphie Ltd	£83,000	Bottling of hand sanitiser (50,000 units of 425ml bottles)
15-04-2020	HDPE bottles and caps	Carrick Packaging Ltd	£55,046	162,000 500ml bottles; 72,192 1000ml bottles; 234,192 caps.
15-04-2020	Bottling of hand sanitiser	Trade Right International	£28,000	Bottling of hand sanitiser (20,000 units of 1l bottles)
02-04-2020	Containers for hand sanitiser	Richmond Containers	£52,290	Lotion bottles and pumps (100,000 units of each)
16-04-2020	Intermediate Bulk Containers (IBCs)	Certas Energy UK	£38,790	156 Intermediate Bulk Containers (IBCs) for use in the bulk production of hand sanitiser.
21-05-2020	Framework Agreement for PPE (Personal Protective Equipment)	Lyreco UK Ltd	£20,000,000	Value shown was the estimated value of call-offs over the duration of the Framework Agreement at Framework Award. To date just under £1M has been committed in call off contracts against this framework. The scope of the framework covers Personal Protective Equipment (PPE) including (but not limited to): cleaning equipment, FFP2 masks, gloves, hand hygiene products, eye protectors, FFP3 masks, masks type IIR, disposable suits, overshoes, goggles and visors

All contracts listed were awarded in accordance with The Procurement (Scotland) Regulations 2015 and the Public Procurement Reform (Scotland) Act 2014.

Question reference: S6W-01563

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 20 July 2021
Current Status: Answered by Humza Yousaf on 24 August 2021

To ask the Scottish Government, in light of the alleged findings of the report, External Review – Culture and Governance, Emergency Department, Forth Valley Royal Hospital, what (a) action it is taking and (b) discussions it is having with NHS Forth Valley to ensure that people who had not been informed of mistakes in their patient care are now advised of these errors, and, to avoid the risk of a claim being time-barred, whether it will ensure that any subsequent legal or civil action can be dated from the date that the person was informed an error had taken place, and not the date of the error.

Question reference: S6W-01565

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 20 July 2021
Current Status: Answered by Humza Yousaf on 24 August 2021

To ask the Scottish Government what its response is to the alleged findings of the report, External Review – Culture and Governance, Emergency Department, Forth Valley Royal Hospital, that some people were directed away from the A&E department at the hospital, often to minor injuries or a pharmacy, without a proper clinical assessment, and what (a) action it is taking and (b) discussions it has had with NHS Forth Valley to ensure that this practice is stopped.

Question reference: S6W-01560

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 20 July 2021
Current Status: Answered by Humza Yousaf on 24 August 2021

To ask the Scottish Government, in light of the alleged findings of the report, External Review – Culture and Governance, Emergency Department, Forth Valley Royal Hospital, what (a) action it is taking and (b) discussions it is having with NHS Forth Valley to (i) protect and (ii) offer independent support to staff at the hospital who did not report mistakes in patient care for fear of being victimised.

Question reference: S6W-01559

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 20 July 2021
Current Status: Answered by Humza Yousaf on 24 August 2021

To ask the Scottish Government how many people were directed away from the A&E department at Forth Valley Royal Hospital without a correct clinical assessment (a) in 2020 and (b) from 1 January to 30 June 2021.

Thank you for submitting the series of parliamentary questions in relation to NHS Forth Valley, with a specific focus on the External Review around Culture in the Emergency Department, Forth Valley Royal Hospital. I have responded to each of the questions in this one response.

Firstly, you asked about the number of people that were directed away from the A&E department at Forth Valley Royal Hospital without a correct clinical assessment during 2020 and from 1 January to 30 June 2021, we do not collate that level of data therefore I am unable to provide a response on this.

Regarding the findings of the External Review around Culture in the Emergency Department, this was an independent report commissioned by NHS Forth Valley and we are pleased that the Board took swift action after serious allegations were made by staff representatives.

The Scottish Government has noted the findings of the independent review and welcome that the Board has accepted the recommendations. We meet regularly with all Boards, including Forth Valley, and we will support the Board in taking forward these recommendations, seeking assurance that these are fully implemented.

We are also committed to supporting staff within the Board. All staff in our NHS must have the confidence to raise any concerns they have about patient care and not suffer any repercussions for doing so. The NHS Scotland Whistleblowing Policy requires boards to have an impartial, confidential contact that all staff can access to raise concerns should they feel that they cannot raise these concerns with their line manager or senior management.

In addition the confidential, Independent National Whistleblowing Officer (INWO) advice line provides information, support and signposting for those raising whistleblowing concerns, including former staff - the number of this service is 0800 008 6112. The INWO, which came into force in April 2021 and is the first of its kind in the UK, provides a mechanism for external review of how a Health Board, primary care or independent provider has handled a whistleblowing case.

Furthermore, staff working in health and social care can access support services available through the national wellbeing hub this can be accessed via www.promis.scot or by calling 0800 111 419. Both the INWO and wellbeing hub are available to current and former members of staff.

You have raised a number of issues including communication with patients in case of any subsequent legal or civil action. The decision on whether or not an action for damages is time-barred is a matter for the courts to determine. If there is any doubt as to when the limitation period should start to run, a court could hear arguments about when the pursuer became aware of his or her entitlement to pursue a claim, as part of the court’s application of the date of knowledge test.

The Scottish government and NHS Scotland have a shared vision for an open and learning culture and we want to learn when there has been dissatisfaction or harm and encourage organisations to identify improvements. Safety is at the heart of everything we do in NHS Scotland and it is vital to building a culture, which allows all frontline professionals time and safe spaces to learn, without fear of censure.

As part of our commitment to transparency, improving standards and learning lessons when something goes wrong, we have introduced a Statutory Organisational Duty of Candour. This makes it a legal requirement for all care providers, including Health Boards, to review certain types of adverse events, meet personally with those affected, and to publish an annual report to support openness and learning.

Part of that includes an organisational emphasis on staff support and training to ensure effective implementation of the organisational duty of candour. Staff must feel that they have the necessary skills and confidence if they are to be meaningfully involved in the delivery of the procedure and they are supported after an incident occurs. Being candid promotes accountability for safer systems, better engages staff in improvement efforts, and engenders greater trust in patients and service users.

The Scottish Government is clear that there should be robust site management in place across NHS Boards at all times, including access to senior decision makers, with operational overview of all emergency activity. Through our unscheduled care programme we continue to work closely with Boards, including NHS Forth Valley, with a specific focus on supporting the implementation of a series of improvements, including the workforce model in emergency departments, for example staffing levels, systems and processes as well as a nursing workforce review.

In terms of redirection, the Scottish Government policy is that patients may be referred to another service or provided with self-care advice once assessed by an appropriate clinician and deemed not to require emergency care. We are aware that during peak times of the pandemic some Boards had to take necessary measures to keep patients and staff safe by redirecting people following triage at the front door. We would expect any Board utilising this approach do so based on risk assessment.

During the summer months NHS Forth Valley, supported by the national programme for unscheduled care, have been working to explore the option of a care navigation area at the front-door to safely direct people to the onsite Minor Injury Unit and Urgent Care Centre if these areas are appropriately medically staffed.

In addition, the Scottish Government unscheduled care programme commissioned a Short Life Working Group, with representation including clinicians and managerial staff, during this year to review existing Redirection and Signposting Guidance to support Boards to implement best practice and ensure a consistent, coherent and safe approach to the right care in the right place. A key aim is to ensure people can be seen at services which better meet their healthcare requirements avoiding unnecessary exposure to a hospital environment. This will be published in September.

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