- Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
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Date lodged: Wednesday, 06 July 2016
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Current Status:
Answered by Aileen Campbell on 29 July 2016
To ask the Scottish Government how many people have been removed from the Scottish Tobacco Retailers Register due to offences under the Tobacco and Primary Medical Services (Scotland) Act 2010 in each year, broken down by category of offence.
Answer
In total there have been five tobacco banning orders in the five years since the Tobacco and Primary Medical Services (Scotland) Act 2010 has been introduced.
In 2012–2013 one banning order was issued to a retailer who persistently sold illicit and counterfeit tobacco. In 2013–2014 two banning orders were issued to two different retailers who had sold packets of cigarettes to persons under 18 years old. In 2014–2015 one banning order was issued to a retailer who had sold tobacco to a person under 18 years old. In 2015–2016 one banning order was issued to a retailer selling tobacco in a premises which was not registered.
- Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
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Date lodged: Monday, 27 June 2016
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Current Status:
Answered by Aileen Campbell on 20 July 2016
To ask the Scottish Government whether it is aware of any occasions when local authorities have disregarded the Statutory guidance to accompany the Social Care (Self-directed Support) (Scotland) Act 2013 with regard to offering direct payments as one of the care options for adults.
Answer
<>The Social Care (Self-directed Support) Act 2013 is founded on the principles of dignity, empowerment and collaboration. It places firm duties on local authorities to offer a range of options for how social care support is delivered and to give individuals the support and information required to enable them to make informed choices. This includes the option of a direct payment. The statutory guidance that accompanies the Act states all options must be described in full.
Under the Direct Payment Regulations 2014 the only circumstance where the authority is not permitted to offer a direct payment is in relation to the provision of long-term residential or nursing care to persons of any age.
The local authority can use a ‘duty of care’ discretion whereby they are not required to offer the option of a direct payment where it is likely that the making of a direct payment will put the safety of the supported person at risk.
- Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
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Date lodged: Monday, 27 June 2016
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Current Status:
Answered by Aileen Campbell on 20 July 2016
To ask the Scottish Government whether it considers it important that a person’s human rights are considered when deciding on an appropriate care placement.
Answer
The Social Care (Self-directed Support) Act 2013 is founded on the principles of dignity, empowerment and collaboration. It places firm duties on local authorities to offer a range of options for how social care support is delivered and to give individuals the support and information required to enable them to make informed choices.
The statutory guidance accompanying the Act makes it clear that any assessment, communication or provision of support must be made in accordance with the statutory principles and values: participation, dignity, involvement, informed choice, and collaboration and respect a person's human rights.
- Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
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Date lodged: Monday, 27 June 2016
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Current Status:
Answered by Aileen Campbell on 20 July 2016
To ask the Scottish Government whether it is aware of any challenges by local authorities to the Statutory guidance to accompany the Social Care (Self-directed Support) (Scotland) Act 2013.
Answer
The Social Care (Self-directed Support) Act 2013 is founded on the principles of dignity, empowerment and collaboration. It places firm duties on local authorities to offer a range of options for how social care support is delivered and to give individuals the support and information required to enable them to make informed choices.
Since 2011 the Scottish Government has invested £28.5 million in local authorities to support system and culture change, with a further £3.52 million committed for the financial year 2016-17. We continue to work with local authorities directly and through COSLA to support them to implement self-directed support in line with the legislation and in the spirit of the guidance.
- Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
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Date lodged: Monday, 27 June 2016
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Current Status:
Answered by Aileen Campbell on 20 July 2016
To ask the Scottish Government whether it considers that all adults with care requirements should be provided with a timely and accurate needs assessment and whether this should be taken into account when making any care arrangements.
Answer
<>Local authorities have a duty under the Social Work (Scotland) Act 1968 to assess a person’s care needs. The statutory guidance accompanying the Social Care (Self-directed Support) (Scotland) Act 2013 makes it clear that any assessment, communication or provision of support must be made in accordance with the statutory principles and values: participation, dignity, involvement, informed choice, and collaboration and respect a person's human rights.
The Scottish Government would always expect social care assessments to be carried out as timeously as possible. For those who are assessed as being at critical or substantial risk there is a maximum waiting time of six weeks, from confirmation of need to the delivery of free personal and nursing care services.
- Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
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Date lodged: Monday, 20 June 2016
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Current Status:
Answered by Keith Brown on 18 July 2016
To ask the Scottish Government whether it will place in the Scottish Parliament Information Centre (SPICe) copies of the risk register for the Queensferry Crossing from each month of construction.
Answer
The Forth Crossing Bridge Constructor risk register and Transport Scotland risk register for the Forth Replacement Crossing Project will not be placed in the Scottish Parliament Information Centre (SPICe) because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial management of an on-going contract between Scottish Ministers and Forth Crossing Bridge Constructors.
- Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
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Date lodged: Monday, 20 June 2016
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Current Status:
Answered by Keith Brown on 18 July 2016
To ask the Scottish Government whether it will place in the Scottish Parliament Information Centre (SPICe) a copy of the revised Forth Crossing Bridge Constructors (FCBC) programme referred to by the Cabinet Secretary for Economy, Jobs and Fair Work on 8 June 2016 (Official Report, c. 19).
Answer
The revised Forth Crossing Bridge Constructor’s programme I referred to on 8 June 2016 is held by Forth Crossing Bridge Constructor’s. The Forth Crossing Bridge Constructor’s programme will not be placed in the Scottish Parliament Information Centre (SPICe) because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial management of an on-going contract between Scottish Ministers and Forth Crossing Bridge Constructors.
- Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
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Date lodged: Monday, 20 June 2016
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Current Status:
Answered by Keith Brown on 18 July 2016
To ask the Scottish Government, further to the statement by the Cabinet Secretary for Economy, Jobs and Fair Work on 8 June 2016 (Official Report, c. 18), on what dates Forth Crossing Bridge Constructors (FCBC) decided to (a) take on 100 additional workers and (b) increase working hours.
Answer
Forth Crossing Bridge Constructor's (FCBC) workforce, which comprises direct employees, agency staff and subcontracted staff, fluctuates in order to meet the demands of the project. FCBC estimate that since the beginning of 2016 their overall workforce has increased by up to 100 beyond the numbers anticipated.
FCBC working hours are subject to change and can vary across the site in order to meet the demands of the project. These are subject to continuous review throughout the project and FCBC estimate that since the beginning of 2016 the overall hours worked has increased compared to the overall hours anticipated to be worked in this period.
- Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
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Date lodged: Monday, 20 June 2016
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Current Status:
Answered by Keith Brown on 18 July 2016
To ask the Scottish Government on what dates ministers requested or were shown a copy of the risk register for the Queensferry Crossing.
Answer
As confirmed by Forth Crossing Bridge Constructor’s (FCBC) and Transport Scotland at the Forth Replacement Crossing Project Technical Briefing you attended on Friday 10 June 2016, Forth Crossing Bridge Constructor’s and Transport Scotland have robust risk registers for the Forth Replacement Crossing Project which are reviewed internally by each organisation on a regular basis and together with other information, these form the basis of reporting to ministers. Ministers receive fortnightly updates on projects which provide details on construction progress, progress against programme and budget position.
- Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
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Date lodged: Wednesday, 15 June 2016
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Current Status:
Answered by Annabelle Ewing on 28 June 2016
To ask the Scottish Government whether it plans to change the legislation on property ownership to require property owners to allow reasonable access to their property if access is required to carry out vital repairs to a neighbouring property.
Answer
The Scottish Government has no current plans to change the legislation in this area.
In relation to flatted properties, section 17 of the Tenements (Scotland) Act 2004 gives homeowners reasonable access for maintenance and other purposes through the property of other owners. Section 17 is available at:- http://www.legislation.gov.uk/asp/2004/11/contents
There is no equivalent legislation for non-flatted properties. In some cases title deeds, servitude rights over neighbouring land or the common law may provide the necessary access rights. Access to neighbouring land might also be permitted by way of a private arrangement between individuals. Where parties are in dispute, mediation can sometimes provide assistance. However, if the member has evidence that a change in the law would be helpful, I would be happy to consider the issue further.