James Kelly

8 Jun 2020 · Topical Question

To ask the Scottish Government what arrangements are being made to enable prisoners to have contact with their families during the COVID-19 outbreak.

26 May 2020 · Portfolio Question

To ask the Scottish Government what action it is taking to support older people during the COVID-19 outbreak.

14 May 2020 · Written Question

To ask the Scottish Government when the latest statistics on racially-aggravated hate crime will be published.

Answer · Humza Yousaf: The National Statistics on Recorded Crime in Scotland (Table A7) [1] includes offences of Racially aggravated harassment and Racially aggravated conduct, under Section 50A of the Criminal Law (Consolidation) (Scotland) Act 1995, recorded by the police. This…

14 May 2020 · Written Question

To ask the Scottish Government when the latest disaggregated statistics on religious hate crime will be published.

Answer · Humza Yousaf: We announced in June 2018 that the annual bulletin on religiously aggravated offending reported to the Crown Office and Procurator Fiscal Service (COPFS) would be paused, whilst we support Police Scotland to review the potential of their data systems to provi…

5 May 2020 · Written Question

To ask the Scottish Government, whether the Lord Advocate plans to hold a fatal accident inquiry (FAI) into the death of the prisoners from COVID-19, and, if so, what steps he will take to prioritise the holding of such an inquiry in the public interest.

Answer · James Wolffe QC: In accordance with Section 2 of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016, a Fatal Accident Inquiry requires to be held into the death of a person which occurred in Scotland, if, at the time of death, the person was in lega…

5 May 2020 · Written Question

To ask the Scottish Government what steps the Lord Advocate will take to deal with the backlog of both mandatory and discretionary fatal accident inquiries (FAI) that have been delayed due to court closures as a result of the COVID-19 outbreak. 

Answer · James Wolffe QC: On 25 March 2020, following announcements made by the UK and Scottish Government, the Scottish Courts and Tribunal Service (SCTS) announced that in order to safely maintain essential services that support justice all Sheriff court business would be adjourned …

5 May 2020 · Written Question

To ask the Scottish Government how many fatal accident inquiries (FAI) were under way at the time of the court closures as a result of COVID-19 and which have been subsequently adjourned.

Answer · James Wolffe QC: As at week commencing 23 March 2020, in terms of Section 15 of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (the 2016 Act), the Crown had initiated, by First Notice, 33 Fatal Accident Inquiries with Scottish Courts and Tribuna…

5 May 2020 · Written Question

To ask the Scottish Government whether the Lord Advocate will confirm whether he will be instructing a fatal accident inquiry (FAI) into the circumstances of the deaths of NHS staff and other health and care workers from COVID-19, and, if so, what steps he will take to prioritise the holding of such an inquiry in ligh…

Answer · James Wolffe QC: As I advised Parliament on 13 May 2020, a death falls to be reported to the Crown if the circumstances are such as to give rise to public anxiety. I have issued directions that two categories of COVID-19 or presumed COVID-19 deaths meet this criterion and sho…

9 Apr 2020 · Written Question

To ask the Scottish Government what action it is taking to ensure that HMP Grampian acquires a controlled drug license, in light of reports that it has received two warnings by HM Inspectorate of Prisons for Scotland (HMIPS) regarding not having one.

Answer · Joe FitzPatrick: The Scottish Government has received confirmation from NHS Grampian that an application for a controlled drug license for HMP Grampian was submitted to the Home Office in November 2019. In order for a license to be granted the Home Office must conduct a comp…

26 Mar 2020 · Written Question

To ask the Scottish Government how many (a) fire and rescue staff, (b) police officers and (c) prison officers have been advised to self-isolate in response to COVID-19 because of (i) their age and (ii) underlying health conditions.

Answer · Humza Yousaf: The specific information requested is not being routinely collected by the Scottish Government. The following response has been provided by the Scottish Fire and Rescue Service (SFRS), Police Scotland and the Scottish Prison Service, at the request of the Sco…

17 Mar 2020 · Portfolio Question

To ask the Scottish Government what financial support is being given to local authorities to support action to deal with the outbreak of COVID-19.

Answer · Aileen Campbell: I announced a funding package of £350 million that will go to those most affected by the COVID-19 pandemic, this will be made available to councils, charities, businesses and community groups, including £50 million for local authorities to support their own l…

24 Feb 2020 · Written Question

To ask the Scottish Government what its response is to claims that Mental Health Tribunal representation has an average value per case of £501, down from £999, 10 years ago.

Answer · Ash Denham: The average solicitors' fees per mental health case have fallen from £1250 inc VAT is 2008-09 to £862 inc VAT in 2018-19. There are a number of reasons for this. One of the aims of the Mental Health Tribunal has been to provide an increasingly efficient and …

24 Feb 2020 · Written Question

To ask the Scottish Government what action it is taking to ensure that the ruling to prevent the Mental Health Tribunal from also representing clients themselves, does not create an access to justice issue in terms of mental health representation.

Answer · Ash Denham: The Mental Health Tribunal has never represented clients. The members of the Tribunal all serve on a part-time basis, allowing the Tribunal to draw on a wide range of legal, medical and general expertise. Occasionally, a person who sits as a legally qualifie…

24 Feb 2020 · Written Question

To ask the Scottish Government, with only 10% of files in relation to mental health representation currently paid in full, what action it will take to assist the Scottish Legal Aid Board in obtaining full payment of cases.

Answer · Ash Denham: The figure of 10% of files paid in full is misleading. The 10% relates to accounts that are paid in full on their first submission. 90% of accounts need further information from the solicitor who raised the account. When the additional information is receive…

24 Feb 2020 · Written Question

To ask the Scottish Government what its position is on the Scottish Legal Aid Board’s decision to maintain mental health representation mileage claims at 40p, which is less than the 45p paid to other areas of representation and the civil service.

Answer · Ash Denham: All solicitors, and Scottish Legal Aid Board employees, are paid a single rate of 40p. This is the rate passed by the Scottish Parliament in 2011 when all legal aid travel rates were revised. This rate is across all case types and is not particular to mental …

20 Feb 2020 · SPCB Oral Question

To ask the Scottish Parliamentary Corporate Body what recent evidence has been received that its IT systems have been subject to cyberattacks from international sources.

12 Feb 2020 · Portfolio Question

To ask the Scottish Government what progress has been made on implementing the provisions in the Management of Offenders (Scotland) Act 2019.

31 Jan 2020 · Written Question

To ask the Scottish Government what plans are in place to support victims of historic child abuse in Scottish football.

Answer · Humza Yousaf: The Scottish Government unreservedly condemns the abhorrent crime of sexual abuse, and we are working closely with a range of organisations to ensure all children can enjoy playing football in a safe and secure environment. The Scottish Government currently …

31 Jan 2020 · Written Question

To ask the Scottish Government what action it has taken in relation to seeking justice for victims of historic child abuse in Scottish football.

Answer · Humza Yousaf: Any allegations are for Police Scotland to investigate, and sentencing in individual cases is a matter for the court – with life imprisonment the maximum penalty for the most serious offences involving the sexual abuse of children. Live cases are currently o…

25 Jan 2020 · Written Question

To ask the Scottish Government what discussions (a) it and (b) its agencies have had with Locomotive Services Limited regarding the Caley railworks in Glasgow.

Answer · Michael Matheson: As part of the work to develop the charter, heritage and tourist train market to support the Scottish tourist economy, Transport Scotland has held discussions with Locomotive Services Ltd. During these discussions, Locomotive Services Ltd has intimated an in…

23 Jan 2020 · Written Question

To ask the Scottish Government how much has been spent in total on staff costs by the Crown Office and Procurator Fiscal Service in each financial year since 2014-15.

Answer · James Wolffe QC: The total amount spent on staff costs by COPFS for each financial year since 2014-15 is shown in the following table: Financial Year £000s 2014-15 69,255 2015-16 70,293 2016-17 71,746 2017-18 73,673 2018-19 79,312 Source: COPFS published Annual R…

23 Jan 2020 · Written Question

To ask the Scottish Government what the current pay scales are for lawyers employed by (a) it and (b) the Crown Office and Procurator Fiscal Service.

Answer · James Wolffe QC: With effect from 1 April 2019, salary scales for Crown Office and Procurator Fiscal Service lawyers below the Senior Civil Service are:  PFD SPFD PD G H Depute Accreditation Year 1 32,573 - - - - Depute Accreditation Year 2 36,833 - - - - Ma…

23 Jan 2020 · Written Question

To ask the Scottish Government for what reason lawyers employed by it and the Crown Office and Procurator Fiscal Service are not subject to the same pay scales.

Answer · James Wolffe QC: The Crown Office and Procurator Fiscal Service and the Scottish Government have, for over two decades, had separate delegated authority to negotiate staff terms and conditions, including pay, subject to their organisational resources and to public sector pay …

22 Jan 2020 · Portfolio Question

To ask the Scottish Government what action it is taking to reduce delays at A&E departments.

15 Jan 2020 · Portfolio Question

To ask the Scottish Government what support it is providing to local authorities in preparation for Brexit.

13 Jan 2020 · First Minister's Question

To ask the First Minister what the Scottish Government’s response is to reports that Police Scotland has spent £11.6 million in compensation over the last five years.

8 Jan 2020 · Written Question

To ask the Scottish Government how many people in the NHS Greater Glasgow and Clyde area have been recorded as having alcohol-related brain damage in each of the last 10 years.

Answer · Joe FitzPatrick: The number of people resident in Greater Glasgow and Clyde Health Board who were recorded as being admitted to a general acute or psychiatric hospital with a diagnosis of alcohol-related brain damage. This is provided in the table that follows. Number of peo…

8 Jan 2020 · Written Question

To ask the Scottish Government what alcohol-related brain damage treatment services there are in the (a) NHS Greater Glasgow and Clyde area and (b) rest of Scotland, and what action it plans to improve the level of services available.

Answer · Joe FitzPatrick: While the responsibility of Integration Authority’s working with Alcohol and Drug Partnerships (ADPs) to make decisions on the configuration of local services which meet the needs of their resident population. There are a range of alcohol-related brain damag…

8 Jan 2020 · Written Question

To ask the Scottish Government what its response is to recently reported alcohol-related brain damage statistics, which suggest that the number of people with this condition is at a 10-year high.

Answer · Joe FitzPatrick: The number of people who were recorded as being admitted to a general acute or psychiatric hospital with a diagnosis of alcohol-related brain damage was published on 19 November 2019 and is available here on the ISD website: https://www.isdscotland.org/Healt…

6 Dec 2019 · Written Question

To ask the Scottish Government what action it has taken to improve police scrutiny since the publication of the HM Inspectorate of Constabulary in Scotland report, Thematic Inspection of the Scottish Police Authority - Phase 1 Review of Openness and Transparency, and what progress it has made in implementing each of t…

Answer · Humza Yousaf: Audit Scotland, the Police Investigations and Review Commissioner, Her Majesty’s Inspectorate of Constabulary and the Scottish Parliament amongst others are responsible for the scrutiny of the police service. The SPA Improvement Plan 2018-19 sets out their ke…