Questions and answers

Question reference: S6W-20886

Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 29 August 2023
Current Status: Answered by Richard Lochhead on 22 September 2023

To ask the Scottish Government whether any opt-out clauses were included in the R100 contract with Openreach to allow work to be awarded to other providers in the event that Openreach is unable to meet delivery dates, and, if so, whether it will provide details of any such clauses.

There are no opt-out clauses included in the R100 Contracts. These are grant funding agreements which subsidise the supplier (Openreach) to deliver its own network to specific contracted premises.

The Scottish Government continues to support other providers to extend their broadband networks via the Scottish Broadband Voucher Scheme but this is focused on premises that will not be connected commercially or via the R100 contracts.

Question reference: S6W-21251

Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
Date lodged: Monday, 11 September 2023
Current Status: Answered by Fiona Hyslop on 22 September 2023

To ask the Scottish Government whether local authorities are liable for damages to vehicles caused by potholes where a pothole has been identified for repair but has not been fixed, and the local authority has failed to warn road users of the pothole.

The Roads (Scotland) Act 1984 places statutory responsibility for local roads on local authorities. It would not be for the Scottish Government to comment specifically on a local authority’s liability for damages to vehicles.

However, in general a local authority may compensate for damages to vehicles caused by road defects if the road defect is deemed as a hazard that would create a significant risk of an accident to a careful road user and it can be shown that the local authority was a fault for failing to deal with the road defect in line with its procedures.

Question reference: S6W-21252

Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
Date lodged: Monday, 11 September 2023
Current Status: Answered by Fiona Hyslop on 22 September 2023

To ask the Scottish Government whether there are any requirements for local authorities to repair potholes identified for works within a certain timeframe.

The Roads (Scotland) Act 1984 places statutory responsibility for local roads, including the timeframe for repairing defects on local authorities. As such it is the responsibility of the local authority to determine how best to meet its duties on local roads in their respective areas.

SCOTS (the Society of Chief Officers of Transportation in Scotland) is responsible for implementing best practice on local road maintenance and has published a best practice guide detailing recommended repair times for different categories of road defects: Road Asset Inspections: A Risk Based Approach - Road Asset Safety Inspection Strategy (scotsnet.org.uk)

Question reference: S6O-02575

Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 20 September 2023
Current Status: Taken in the Chamber on 28 September 2023

To ask the Scottish Government what road safety improvement works have been planned for the A96 near Huntly.

Question reference: S6W-21164

Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
Date lodged: Thursday, 07 September 2023
Current Status: Answered by Jenny Gilruth on 20 September 2023

To ask the Scottish Government, further to the answer to question S6W-20478 by Jenny Gilruth on 5 September 2023, when the Strategic Board for Teacher Education will report on its study into issues around the recruitment and retention of teachers.

The Strategic Board for Teacher Education met on 4 September to consider their workplan including recruitment and retention issues. This work is ongoing and will be complemented by the project I am commissioning on education workforce modelling and research, which will be completed by the end of the year. The SBTE will use findings from the education workforce modelling and research project provide me with further advice on initial teacher education programmes.

Question reference: S6W-20887

Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 29 August 2023
Current Status: Answered by Richard Lochhead on 19 September 2023

To ask the Scottish Government what penalties are imposed on Openreach when delivery dates of the R100 programme are not met.

Question reference: S6W-20854

Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
Date lodged: Friday, 25 August 2023
Current Status: Answered by Siobhian Brown on 14 September 2023

To ask the Scottish Government what financial support with legal fees is currently available for parents in custody battles in situations when court orders are ignored.

If a person believes someone has not obeyed a court order for child contact or residence, they can make the court aware of this and ask it either to vary the order or to have the person in question ordered to appear before the court. It would then be for the court to decide whether any failure to obey the order amounted to contempt of court. Individuals may be eligible for financial assistance to raise a court action through the Scottish Legal Aid Board .The Board is responsible for the administration of the legal aid system, independent of Scottish Ministers. The Scottish Government is not involved in the decision making process to grant or refuse legal assistance and it cannot intervene in or comment on legal aid decisions.

Section 22 of the Children (Scotland) Act 2020 will, when commenced, place a duty on the court to investigate the reasons behind a failure to obey a court order for contact or residence.

Question reference: S6W-20692

Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 August 2023
Current Status: Answered by Fiona Hyslop on 12 September 2023

To ask the Scottish Government what plans it has to provide funding for bridges, in light of the closure of the Local Bridge Maintenance Fund.

The Scottish Government has no additional plans to provide specific funding for local road bridges. However, an additional £793 million cash funding has been provided to local government in 2023-24. It is the responsibility of each local authority to manage their own budget and to allocate the financial resources available to them on the basis of local needs and priorities, having first fulfilled their statutory obligations and the jointly agreed set of national and local priorities.

Scottish Ministers are responsible for trunk road bridges and structures and plan to invest £85 million in 2023-24 on maintenance and the operations of trunk road structures.

Question reference: S6W-20665

Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 15 August 2023
Submitting member has a registered interest.
Current Status: Answered by Patrick Harvie on 12 September 2023

To ask the Scottish Government whether it will provide an update on how many homes in each parliamentary region Warmworks Warmer Homes Scotland is planning to improve to at least EPC grade C; by what date this work will be completed; how many homes in each region have received such assistance to date; what other schemes are working alongside Warmer Homes Scotland to ensure that no homes are listed below EPC grade C, and by what date it anticipates that this target will be achieved.

The first phase of Warmer Homes Scotland (WHS) has run since September 2015, and is coming to an end on 29 September 2023. The second phase of the scheme will launch on 02 October 2023, and will run initially for 5 years, with an option for it to run for 7 years. Warmer Homes Scotland is a demand-led scheme which aims to support people in or at risk of fuel poverty through the transition to zero emissions heat, improve their energy efficiency and reduce carbon emissions from heating. Reaching EPC band C is not a specific objective of either the original or new phase of the scheme, and therefore no target for this has been set.

The following table outlines the number of households who have received measures through Warmer Homes Scotland between September 2015 and 31 July 2023 in each constituency that have reached EPC band C and the average SAP point increase after receiving measures through Warmer Homes Scotland. The data is at constituency level as data at parliamentary region level is not collected.

Constituency Area	Post EPC SAP C and above		Average SAP points improvement
Constituency Area	Volume	Percentage
Aberdeen Central	40	28.57%	12.2
Aberdeen Donside	141	42.73%	10.0
Aberdeen South and North Kincardine	100	37.74%	9.0
Aberdeenshire East	67	21.14%	10.4
Aberdeenshire West	48	23.30%	9.0
Airdrie and Shotts	152	39.07%	8.8
Almond Valley	196	51.58%	9.4
Angus North and Mearns	81	26.30%	10.2
Angus South	132	29.01%	11.3
Argyll and Bute	93	14.33%	10.9
Ayr	114	26.95%	8.7
Banffshire and Buchan Coast	104	22.56%	9.6
Caithness, Sutherland and Ross	93	11.74%	9.0
Carrick, Cumnock and Doon Valley	124	25.41%	8.5
Clackmannanshire and Dunblane	123	46.42%	10.0
Clydebank and Milngavie	74	28.24%	8.5
Clydesdale	104	23.32%	10.6
Coatbridge and Chryston	129	34.22%	8.3
Cowdenbeath	186	42.66%	10.3
Cumbernauld and Kilsyth	151	42.30%	11.0
Cunninghame North	115	27.98%	9.0
Cunninghame South	115	36.98%	8.3
Dumbarton	110	31.70%	8.6
Dumfriesshire	137	23.34%	10.2
Dundee City East	189	35.33%	12.8
Dundee City West	178	35.18%	11.9
Dunfermline	132	39.76%	11.0
East Kilbride	165	46.48%	10.2
East Lothian	91	32.27%	9.2
Eastwood	64	22.22%	7.9
Edinburgh Central	42	34.15%	11.2
Edinburgh Eastern	146	35.10%	9.5
Edinburgh Northern and Leith	92	37.86%	11.7
Edinburgh Pentlands	100	43.67%	8.4
Edinburgh Southern	71	39.44%	9.9
Edinburgh Western	104	36.62%	9.3
Ettrick, Roxburgh and Berwickshire	91	24.86%	8.6
Falkirk East	130	41.94%	11.2
Falkirk West	126	47.01%	10.6
Galloway and West Dumfries	130	20.67%	10.1
Glasgow Anniesland	107	36.03%	8.6
Glasgow Cathcart	129	40.44%	9.4
Glasgow Kelvin	36	42.35%	10.3
Glasgow Maryhill and Springburn	106	49.07%	9.8
Glasgow Pollok	179	41.44%	8.2
Glasgow Provan	187	48.20%	10.6
Glasgow Shettleston	167	45.38%	9.7
Glasgow Southside	83	33.88%	9.1
Greenock and Inverclyde	340	43.53%	10.7
Hamilton, Larkhall and Stonehouse	149	38.11%	10.5
Inverness and Nairn	232	41.58%	11.3
Kilmarnock and Irvine Valley	98	28.82%	8.0
Kirkcaldy	201	40.85%	10.1
Linlithgow	127	38.48%	9.6
Mid Fife and Glenrothes	180	44.55%	10.3
Midlothian North and Musselburgh	146	36.59%	10.3
Midlothian South, Tweeddale and Lauderdale	128	35.65%	11.8
Moray	117	29.77%	9.6
Motherwell and Wishaw	121	37.46%	8.3
Combhairle nan Eilean Siar	29	4.51%	10.6
North East Fife	75	24.12%	9.9
Orkney Islands	20	11.36%	9.7
Paisley	140	42.81%	8.1
Perthshire North	91	25.49%	10.3
Perthshire South and Kinross-shire	104	28.57%	10.2
Renfrewshire North and West	144	45.71%	9.4
Renfrewshire South	171	42.12%	9.6
Rutherglen	193	40.12%	8.6
Shetland Islands	62	23.57%	11.1
Skye, Lochaber and Badenoch	69	11.71%	9.2
Stirling	102	33.44%	10.5
Strathkelvin and Bearsden	110	28.06%	8.8
Uddingston and Bellshill	152	44.06%	9.9
Total	8,875	32.70%	9.9

The Scottish Government funds energy efficiency and climate-friendly heating systems through a wide range of programmes in addition to Warmer Homes Scotland including Area-Based Schemes; Home Energy Scotland Grants and Loans; the Social Housing Net Zero Fund; and the Heat Network Fund.

Our Heat in Buildings Strategy, published in October 2021 sets out the aim that, where technically and legally feasible and cost-effective, by 2030 a large majority of buildings should achieve a good level of energy efficiency, which for homes is at least equivalent to an EPC Band C, with all homes meeting at least this standard by 2033.

We have made good progress in recent years, but realise that there is much more to be done. We are allocating at least £1.8 billion over the course of this Parliament towards heat and energy efficiency measures and to support those least able to pay. Over 150,000 households in Scotland already live in homes which are warmer and cheaper to heat, thanks to investment by the Scottish government.

We have said that we will consult on proposals that could inform a Heat in Buildings Bill, seeking views on options for regulation designed to further improve energy efficiency and to deliver and accelerate the switch to low and zero carbon heating systems.

Question reference: S6W-20693

Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 August 2023
Current Status: Answered by Tom Arthur on 8 September 2023

To ask the Scottish Government how many applications were made to the Local Bridge Maintenance Fund in total; how much in total was applied for, and how many applications were successful, all broken down by local authority area.

The information you have requested is set out in the following table. It should be noted that the key criteria for the Local Bridge Maintenance Fund was to rebuild and maintain key lifeline bridges, where diversionary routes are not available or limited.

Local Authority	Applications	Estimated Cost £m	Approved Applications	Total Allocated £m
Aberdeen City	1	0.150	0	0.000
Aberdeenshire	9	6.265	5	1.751
Argyll & Bute	9	6.850	9	5.450
Dumfries & Galloway	4	0.905	3	0.243
East Ayrshire	8	1.310	3	0.756
East Dunbartonshire	1	0.200	1	0.159
East Lothian	2	0.325	2	0.258
East Renfrewshire	1	1.020	1	0.812
Edinburgh	4	22.700	2	2.407
Eilean Siar	10	8.835	6	6.661
Fife	5	2.988	0	0.000
Glasgow	3	10.520	0	0.000
Highland	48	12.800	9	5.927
Midlothian	3	0.215	1	0.080
Moray	9	6.960	6	1.315
North Ayrshire	4	1.037	4	0.826
Orkney	7	0.246	6	0.135
Perth & Kinross	6	1.175	6	0.937
Renfrewshire	2	4.100	0	0.000
Scottish Borders	3	1.085	2	0.139
Shetland	1	0.638	1	0.508
South Ayrshire	1	0.770	0	0.000
South Lanarkshire	4	7.500	3	2.783
Stirling	7	5.917	4	0.846
West Dunbartonshire	2	3.200	0	0.000
Total	154	107.711	74	31.993

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