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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.

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Question reference: S5W-25430

Asked by: Tom Arthur, MSP for Renfrewshire South, Scottish National Party
Date lodged: Thursday, 19 September 2019
Current Status: Initiated by the Scottish Government. Answered by Jamie Hepburn on 20 September 2019

To ask the Scottish Government whether it will provide an update on the implementation of Fair Work First.

As set out in the Fair Work Action Plan we are taking a phased approach to the implementation of Fair Work First. Fair Work criteria is already being applied to a range of Scottish Enterprise business support grants; in the Scottish Government procurement process for a £400 million public contract for facilities management services; and to grants issuing through the Scottish Government’s Fair Work budget for 2019-20.

Today we have published in SPICe (Bib Number 60992) an implementation plan setting out the further steps we will take to ensure that, by the end of this Parliament, and wherever it is appropriate to do so, we will:

extend Fair Work criteria to every type of grant, funding stream and business support budget open to us, and
extend the range of Scottish Government and public sector contracts that Fair Work criteria will apply to.

Question reference: S5O-03557

Asked by: Tom Arthur, MSP for Renfrewshire South, Scottish National Party
Date lodged: Wednesday, 11 September 2019
Current Status: Taken in the Chamber on 19 September 2019

To ask the Scottish Government how it will support St Andrew’s Day events this year.

Question reference: S5O-03477

Asked by: Tom Arthur, MSP for Renfrewshire South, Scottish National Party
Date lodged: Wednesday, 28 August 2019
Current Status: Taken in the Chamber on 4 September 2019

To ask the Scottish Government what impact a no-deal Brexit could have on the agricultural sector in the Renfrewshire South constituency.

Question reference: S5W-24754

Asked by: Tom Arthur, MSP for Renfrewshire South, Scottish National Party
Date lodged: Tuesday, 13 August 2019
Current Status: Initiated by the Scottish Government. Answered by Fiona Hyslop on 14 August 2019

To ask the Scottish Government when the Registrar General will publish the annual report for 2018.

Question reference: S5W-24044

Asked by: Tom Arthur, MSP for Renfrewshire South, Scottish National Party
Date lodged: Wednesday, 26 June 2019
Current Status: Answered by Michael Russell on 15 July 2019

To ask the Scottish Government what its response is to reports that UK ministers are considering taking control of spending in devolved areas; what discussions it has had with the UK Government regarding these reports, and what assessment it has made regarding whether such action would be in line with the (a) Scotland Act 2016, (b) current Treasury rules and (c) Statement on Funding Policy.

Devolved matters are the responsibility of the Scottish Parliament and Scottish Government, which are accountable to the Scottish people for policy and funding decisions in these areas. The arrangements for funding of the Devolved Administrations are set out in the Statement of Funding Policy.

The Scottish Government is always willing to consider proposals to increase funding for public services in Scotland but these must respect the responsibilities of the Scottish Government and Parliament under the devolution settlement and be consistent with the well-established funding arrangements. Any attempt by a UK Government to bypass this Parliament or the Scottish Government would be unacceptable.

Question reference: S5O-03405

Asked by: Tom Arthur, MSP for Renfrewshire South, Scottish National Party
Date lodged: Wednesday, 12 June 2019
Submitting member has a registered interest.
Current Status: Taken in the Chamber on 19 June 2019

To ask the Scottish Government how it supports trade unions to deliver skills training and lifelong learning.

Question reference: S5W-23306

Asked by: Tom Arthur, MSP for Renfrewshire South, Scottish National Party
Date lodged: Tuesday, 21 May 2019
Current Status: Answered by Michael Russell on 3 June 2019

To ask the Scottish Government, in light of its call for greater involvement for devolved administrations in Article 50 negotiations, what input it has had in relation to the Prime Minister's new Brexit deal.

With the announcement on 22 May that the Prime Minister had abandoned plans to introduce the Withdrawal Agreement Bill during week commencing 3 June, there is currently no new Brexit deal on offer.

The Scottish Government had no meaningful input when the Prime Minister’s deal was first published in November 2018 and this continued to be the case with her proposed new offer to Members of Parliament on the 21 May 2019.

Despite commitments from the UK Government to an enhanced role for the devolved administrations, the Scottish Government, the Scottish Parliament and indeed the people of Scotland have been ignored throughout this process. A fundamental change of attitude is required from the UK Government.

The Scottish Government is clear that any Brexit deal must be put to a second referendum with remain on the ballot paper and that if the UK is facing no deal then Article 50 must be revoked.

Question reference: S5W-23307

Asked by: Tom Arthur, MSP for Renfrewshire South, Scottish National Party
Date lodged: Tuesday, 21 May 2019
Current Status: Answered by Michael Russell on 3 June 2019

To ask the Scottish Government what its response is regarding the impact on Scotland of the breakdown in talks between the UK Government and Opposition regarding Brexit.

The failure of cross party talks demonstrates both the unwillingness of the UK Government to compromise on its self-defeating red lines and also the confusion at the heart of the position held by the Labour Party. The Scottish Government has experienced UK Government intransigence over the course of the Brexit process to date. Despite our repeated efforts to propose compromises or alternative solutions, our proposals have been ignored.

This has once again raised the prospect of a catastrophic no deal Brexit- with its attendant consequences for medicines, transport, rural matters and food supply.

If a deal is approved by the Westminster Parliament it must be put to a second referendum with remain on the ballot paper and if the UK is facing no deal then Article 50 must be revoked.

Question reference: S5W-23543

Asked by: Tom Arthur, MSP for Renfrewshire South, Scottish National Party
Date lodged: Thursday, 30 May 2019
Current Status: Initiated by the Scottish Government. Answered by Michael Russell on 31 May 2019

To ask the Scottish Government what legal costs it incurred as a result of the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill being referred to the UK Supreme Court.

The Scottish Parliament passed the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill (‘the Continuity Bill’) on 21 March 2018 by 95 votes to 32. On 17 April 2018, the Attorney General for England & Wales and the Advocate General for Scotland referred the Continuity Bill to the Supreme Court under section 33 of the Scotland Act 1998. While the Reference was pending before the Supreme Court, the UK Parliament passed the EU (Withdrawal) Bill and that Bill received Royal Assent as the EU (Withdrawal) Act 2018 (‘the Withdrawal Act’). Upon Royal Assent, the Withdrawal Act amended the Scotland Act 1998 in terms which meant that it would not be within the legislative competence of the Scottish Parliament to modify the Withdrawal Act.

The question for the Supreme Court was whether the Bill would be within the legislative competence (that is, the powers) of the Scottish Parliament. The case raised significant issues of general importance for the legislative competence of the Scottish Parliament, including the scope and effect of a number of reserved matters and the extent to which an Act of the Scottish Parliament is susceptible to challenges on common law grounds.

The case was heard by the Supreme Court on 24 and 25 July 2018. The court comprised Lady Hale (President of the Supreme Court), Lord Reed (Deputy President), Lord Kerr, Lord Sumption, Lord Carnwath, Lord Hodge, and Lord Lloyd-Jones.

As the respondent to the Reference, the Lord Advocate, both in his written case and during the hearing, presented arguments supporting the conclusion: (i) that it was within the legislative competence of the Scottish Parliament to prepare for the consequences for devolved matters of UK withdrawal from the European Union; and (ii) that the Bill would be within the legislative competence of the Scottish Parliament. He addressed the range of significant issues which the case presented. The Lord Advocate was supported by a team of counsel.

The Supreme Court handed down its unanimous judgment on 13 December 2018. This judgment confirmed: (i) that, subject to the provisions of the Withdrawal Act, it would be within the legislative competence of the Scottish Parliament to prepare for the consequences for devolved matters of UK withdrawal from the European Union; (ii) that, with the exception of one section, the Continuity Bill would have been within the legislative competence of the Scottish Parliament at the time when it was passed; but (iii) that, as a result of the Withdrawal Act, parts of the Continuity Bill would no longer be within the legislative competence of the Scottish Parliament.

Details of expenditure incurred in relation to the Supreme Court case is set out in the following below. The external legal fees include fees of counsel and solicitors.

The Lord Advocate's expenses are not included, as Ministerial costs are routinely published by the Scottish Government. The cost of internal legal advice is not included as that is provided by Government lawyers who are civil servants as part of their normal duties supporting Scottish Government Ministers; and in line with usual practice, details of individual tasks carried out by civil servants, including the number of hours spent on them are not recorded, because there is no business need to do this.

Details	Cost
External legal fees*	£131,316.60
Court fees	£160.00
Administration	£423.50
Total	£131,900.10

*Net cost after VAT recovery

Question reference: S5O-03321

Asked by: Tom Arthur, MSP for Renfrewshire South, Scottish National Party
Date lodged: Wednesday, 22 May 2019
Current Status: Taken in the Chamber on 30 May 2019

To ask the Scottish Government how it supports fair work.