- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 16 June 2020
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Current Status:
Answered by Humza Yousaf on 13 July 2020
To ask the Scottish Government whether it has plans to continue issuing mobile phones to prisoners in future, post-COVID-19.
Answer
I have asked Teresa Medhurst, Interim Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:
I refer the member to the answer to question S5W-29998 on 13 July 2020 All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx .
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 16 June 2020
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Current Status:
Answered by Humza Yousaf on 13 July 2020
To ask the Scottish Government what measures are in place to prevent the misuse of mobile phones that have been issued to prisoners.
Answer
I have asked Teresa Medhurst, Interim Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:
The mobile phones will operate with the same restricted security controls in place for the existing prisoner pin telephone system namely:
- the receiving party will be notified that the call originates from a Scottish Prison;
- the mobile phone can only call the phone numbers that are already on the individual’s call list. In addition, people in custody will be able to call the Samaritans at any time;
- calls can only be made from the mobile phone and cannot be received; and
- all calls will be recorded.
In addition to these controls:
- the mobile phones cannot access the internet or send or receive text messages;
- security seals have been fitted to each battery, if these are damaged, then the phone will be removed from the individual; and
- all calls can be traced back to the individuals and any identified misuse may be subject to disciplinary measures as laid out in the Prison and Young Offenders Institutions (Scotland) Rules 2011, including removal of the service from individuals.
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 16 June 2020
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Current Status:
Answered by Humza Yousaf on 13 July 2020
To ask the Scottish Government from which budget the cost of mobile phone provision for prisoners was met.
Answer
I have asked Teresa Medhurst, Interim Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:
The cost of the mobile phone provision during the COVID19 pandemic is expected to be met within budget.
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 16 June 2020
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Current Status:
Answered by Humza Yousaf on 13 July 2020
To ask the Scottish Government what procurement processes were followed in purchasing mobile phones for prisoners, and how value for money for the taxpayer was assessed.
Answer
I have asked Teresa Medhurst, Interim Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:
Mobile phone handsets were purchased via SPS’ existing mobile telephony service supplier. This followed an assessment of the availability of the required 8,000 entry level mobile devices and SIM cards; and a value benchmarking exercise on unit prices.
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 16 June 2020
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Current Status:
Answered by Humza Yousaf on 13 July 2020
To ask the Scottish Government what the cost will be if mobile phone units issued to prisoners are not returned.
Answer
I have asked Teresa Medhurst, Interim Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:
The mobile phones were purchased on a bulk basis and it is assessed that the unit cost of a handset is approximately £20.
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 16 June 2020
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Current Status:
Answered by Humza Yousaf on 13 July 2020
To ask the Scottish Government whether mobile phones issued to prisoners will be returned at the end of restrictions on prison visits; when it expects this to be, and what plans there are to avoid units not being returned by that point.
Answer
I have asked Teresa Medhurst, Interim Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:
The introduction of in-cell telephony will provide important family contact as restrictions on visits are in place during the COVID19 pandemic. These changes are intended to remain in place after the outbreak so as to continue to maximise the contact that prisoners can have with their family and friends while detained in prison.
All mobile phones are individually allocated and registered to people in custody and must be returned upon liberation. Under Rule 62(10)a prisoner must return any authorised personal communication device in the prisoner’s possession to an officer where the officer orders the prisoner to do so. Failure to do so may result in disciplinary proceedings or the matter being reported to the police.
I refer the member to the answer provided for question S5W-30084 on 6 July 2020 which provides a comprehensive response in relation to the easing of restrictions around prison visits. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx .
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 15 June 2020
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Current Status:
Answered by Humza Yousaf on 7 July 2020
To ask the Scottish Government whether it will provide examples of cases of when a transgender male-to-female person or a transgender female-to-male person, as defined in the Hate Crime and Public Order (Scotland) Bill, would not have the protected characteristic of gender reassignment.
Answer
Section 14(7) of the Hate Crime and Public Order (Scotland) Bill defines ‘transgender identity’, which is a broader definition than the protected characteristic of gender reassignment. It is recognised, for example by the Equality and Human Rights Commission, that because the Equality Act 2010 bases the protection it provides on the process of undergoing gender reassignment, transgender people may not all have legal protection from discrimination; for example those who do not intend to take steps relating to gender reassignment because of age or medical condition. Transgender identity as defined in the Bill more broadly encompasses all people whose gender identities are different from their sex at birth. This includes those who identify as male, but were registered as female at birth, those who identify as female but were registered as male at birth, non-binary people and cross-dressing people.
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 15 June 2020
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Current Status:
Answered by Humza Yousaf on 7 July 2020
To ask the Scottish Government what evidence it has regarding hate crimes committed against (a) "non-binary persons", (b) "persons who cross-dress" and (c) persons with “variations in sex characteristics”.
Answer
The application of hate crime legislation is based on the motivations of the perpetrator (and thus not on whether a victim actually shares one or more of the characteristics protected by the Bill).
The latest Crown Office and Procurator Fiscal Service statistics show that, in 2019-20, 41 charges were reported with an aggravation of prejudice relating to ‘transgender identity’ as defined under the Offences (Aggravation by Prejudice) (Scotland) Act 2009. The definition in the 2009 Act is wide enough to encompass 'non-binary persons', 'persons who cross-dress' and persons with 'variations in sex characteristics' (although those are not the terms used in that Act).
In terms of specific evidence in relation to 'variations in sex characteristics', although it is noted that more research is required, the Equality Network believe that people with variations in sex characteristics, or people perceived to have variations in sex characteristics, can face hate crime. In one of its hate crime research reports , they found that 29% of respondents with variations in sex characteristics had experienced hate crime based on having variations in sex characteristics (although noting the small number of respondents).
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 15 June 2020
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Current Status:
Answered by Humza Yousaf on 7 July 2020
To ask the Scottish Government whether it will provide a definition for a (a) male-to-female and (b) female-to-male transgender person under section 14(7) of the Hate Crime and Public Order (Scotland) Bill.
Answer
The phrases ‘male-to-female’ and ‘female-to-male’ transgender person are not specifically defined in the Bill because it is not considered necessary for those phrases to be given any special definitions for the purposes of the Bill.
Within the Bill’s definition of ‘transgender identity’, paragraphs (a) and (b) (‘a female-to-male transgender person’ and ‘a male-to-female transgender person’) are included to cover trans men and trans women. For example, this includes those who identify as male but were registered as female at birth, and those who identify as female but were registered as male at birth.
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 17 June 2020
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Current Status:
Answered by Michael Matheson on 7 July 2020
To ask the Scottish Government whether the £200 million most recently promised in 2016 as part of the Aberdeen City Deal has been paid to any transport or other agency in the North East Scotland region and, if not, when it will be paid and to whom.
Answer
The Scottish Government committed to investing up to £125 million in the Aberdeen City Region Deal. Alongside the deal, we are committed to invest a further £254 million, including £200 million to improve capacity, performance and journey times on key rail links between Aberdeen and the Central Belt.
Transport Scotland, through Network Rail, is progressing the rail improvements in stages, in accordance with the Rail Enhancements Capital Investment Strategy and Network Rail’s eight-stage Governance for Railway Investment Projects (GRIP).