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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.

Find out more about parliamentary questions

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Question reference: S5O-03615

Asked by: Anas Sarwar, MSP for Glasgow, Scottish Labour
Date lodged: Wednesday, 25 September 2019
Current Status: Taken in the Chamber on 2 October 2019

To ask the Scottish Government what its response is to ScotRail failing to meet its customer satisfaction targets for the second year running.

Question reference: S5O-03549

Asked by: Anas Sarwar, MSP for Glasgow, Scottish Labour
Date lodged: Wednesday, 11 September 2019
Current Status: Taken in the Chamber on 19 September 2019

To ask the Scottish Government what the criteria will be for the allocation of funding for the pilot scheme for first-time buyers.

Question reference: S5O-03519

Asked by: Anas Sarwar, MSP for Glasgow, Scottish Labour
Date lodged: Wednesday, 04 September 2019
Current Status: Taken in the Chamber on 12 September 2019

To ask the Scottish Government what recent representations it has received from community representatives in Scotland regarding the conflict in Kashmir.

Question reference: S5O-03400

Asked by: Anas Sarwar, MSP for Glasgow, Scottish Labour
Date lodged: Wednesday, 12 June 2019
Current Status: Taken in the Chamber on 19 June 2019

To ask the Scottish Government when it last met Remembering Srebrenica Scotland and what was discussed.

Question reference: S5W-23268

Asked by: Anas Sarwar, MSP for Glasgow, Scottish Labour
Date lodged: Friday, 17 May 2019
Current Status: Answered by Aileen Campbell on 5 June 2019

To ask the Scottish Government what procedures are in place within Scottish local authorities to undertake an age assessment of an unaccompanied asylum-seeking young person who has previously been age assessed by another statutory agency in a different geographic location and determined to be an adult when they maintain they are a child.

Each Scottish local authority determines its own approach to age assessment and each case is taken on a case-by-case basis. The key principles are set out in the Scottish Government guidance: https://www.gov.scot/publications/age-assessment-practice-guidance-scotland-good-practice-guidance-support-social/ .

A person seeking asylum who wishes to dispute an age assessment undertaken by another statutory body can self-refer to the local authority, however in most instances a solicitor or third sector organisation who is supporting a young person will do this on their behalf.

If the young person does not agree with the outcome of an age assessment they can appeal the outcome with the help of a solicitor.

A person looking for legal advice on an immigration or asylum case has the right to the full range of publicly funded legal assistance available in Scotland.

Question reference: S5W-23267

Asked by: Anas Sarwar, MSP for Glasgow, Scottish Labour
Date lodged: Friday, 17 May 2019
Current Status: Answered by Aileen Campbell on 5 June 2019

To ask the Scottish Government what procedures are in place within Scottish local authorities to support an unaccompanied asylum-seeking young person to challenge an age assessment that has been undertaken by another statutory agency in a different geographic location that determined that they are an adult when they maintain they are a child.

Question reference: S5W-23266

Asked by: Anas Sarwar, MSP for Glasgow, Scottish Labour
Date lodged: Friday, 17 May 2019
Current Status: Answered by Aileen Campbell on 4 June 2019

To ask the Scottish Government what statutory support is offered to age-disputed unaccompanied asylum-seeking children who have had an age assessment in another part of the UK, been dispersed to Glasgow through the asylum dispersal system and go on to challenge the age assessment.

Each Scottish local authority determines its own approach to the statutory support that it provides to unaccompanied asylum-seeking children which varies according to the particular circumstances of each case.

For a young person seeking asylum and challenging their age assessment, their main support would come from their legal representative (and access to legal aid) providing legal advice as to whether there are grounds to challenge the age dispute. A person looking for legal advice on an immigration or asylum case, has open to them, the full range of publicly funded legal assistance available in Scotland. The same statutory tests apply, and there is no residency test for accessing this funding.

Depending on the particular circumstances of the case, some asylum seekers who are challenging their age assessment and do not have their own resources ( and as a result would otherwise be destitute) can apply to the Home Office for accommodation and financial support under section 95 of the Immigration and Asylum Act 1999. Asylum seekers also have access to the NHS in Scotland at no charge, including entitlement to register with a GP and dentist, have eye tests and to access emergency and specialist health services.

An unaccompanied asylum seeking child who is disputing their age assessment is entitled to care and support through the local authorities under Section 25 of the Children (Scotland) Act 1995 and Children and Young People (Scotland) Act 2014. Since 2010, the Scottish Government has funded the provision of a Guardian to eligible children through the Scottish Guardianship Service. This service supports unaccompanied children and local authorities as they navigate the asylum system.

The Scottish Government is discussing with COSLA what further support can be provided to local authorities in relation to the challenging of age assessments.

Question reference: S5O-03329

Current Status: Withdrawn

Question reference: S5W-23009

Asked by: Anas Sarwar, MSP for Glasgow, Scottish Labour
Date lodged: Tuesday, 07 May 2019
Current Status: Answered by Aileen Campbell on 21 May 2019

To ask the Scottish Government what statutory support it offers to young unaccompanied asylum seekers who have been dispersed to Scotland and who are challenging an age assessment on them that has been carried out in another part of the UK.

Where a child arrives in Scotland unaccompanied and separated from their family, they are safeguarded under the Children (Scotland) Act 1995 which affords them Looked After Children status and they have access to further services under the Children and Young People (Scotland) Act 2014. Support and care for unaccompanied asylum seeking children in Scotland is provided by local authorities.

There are four routes for unaccompanied asylum seeking children and young people to be resettled in Scotland:

1. Vulnerable Children’s Resettlement Scheme (VCRS);

2. Dublin III regulations;

3. The Dubs Amendment (s67 Immigration Act 2016); and

4. National Transfer Scheme (s69 Immigration Act 2016).

Unaccompanied asylum seeking children and young people who are resettled in Scotland through any of the above schemes will already have completed an age assessment, including any dispute settlement procedures, and been assessed as being under the age of 18.

Scotland also receives a number of unaccompanied asylum seeking children through ‘spontaneous’ arrivals, and in these cases an age assessment may be required to ensure the right level of support is provided to the young person and they are given appropriate accommodation.

The Scottish Government’s revised Age Assessment Practice guidance, which was published in March 2018, states that in circumstances in Scotland where the age of a young person or child is uncertain, and there are reasonable grounds to believe that they are a child (under 18 years of age), local authorities should presume that they are under the age of 18. Similarly, in cases, where a young person states they are under 18, they should be given the benefit of the doubt and should remain in the care of social services, until their age is formally established.

Asylum seeking young people whose age is being disputed are still entitled to care and support under Section 25 of the Children (Scotland) Act 1995. If the young person does not agree with the outcome of an age assessment they can appeal with the help of a solicitor.

The process for carrying out age assessments sits within a wider policy framework relating to children and young people in each local authority, including child protection, looked after children and data protection considerations.

Unaccompanied asylum seeking children are also eligible for a guardian through the Scottish Guardianship Service, which is funded by the Scottish Government, and delivered by the Scottish Refugee Council and Aberlour Trust. A Guardian will support a child or young person to be actively involved in decisions that affect their lives, including possible age assessment disputes, and will also help them to plan for their future.

Question reference: S5W-23011

Asked by: Anas Sarwar, MSP for Glasgow, Scottish Labour
Date lodged: Tuesday, 07 May 2019
Current Status: Answered by Aileen Campbell on 21 May 2019

To ask the Scottish Government what procedures local authorities follow to support young unaccompanied asylum seekers who have been dispersed to Scotland and who are challenging an age assessment on them that had been carried out in another part of the UK, and whether this includes the councils considering carrying out their own age assessment.