Roderick Campbell

Answer · Michael Matheson · 21 Mar 2016

Yes.
As outlined by the Minister for Community Safety and Legal Affairs in his response to S4W-27311 on 17 September 2015, the Emergency Services Mobile Communications Programme has developed proposals for a replacement Emergency Services Network (ESN) which will be enhanced, flexible and affordable. The UK Government has endorsed these proposals and the Scottish Government has confirmed to UK Government ministers that the proposals offer an acceptable route for meeting the future mobile communications needs of our emergency services as regards functional capability, orderly transition, financial affordability and effective governance. These proposals also have the potential to provide collateral benefit, by improving the general availability of mobile connectivity across Scotland.
As the ESN’s prime contractor and system integrator, the Home Office has awarded contracts for its central components, while continuing to lead procurement planning for key supplementary aspects. The Scottish Government is a co-sponsor of the programme (along with relevant UK Government departments and the Welsh Government) and is represented and participates in all key aspects of programme governance. It is intended that the ESN’s application to Scotland will be underpinned by a Memorandum of Understanding with the Home Office, which will define mutual rights and responsibilities around the network’s collaborative governance and funding.
In addition, Scottish Ministers will continue to press the UK Government to exercise its power to give Police Scotland and the Scottish Fire and Rescue Service the same ability to reclaim VAT as equivalent ESN users.
All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:
http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx.

Answer · Michael Matheson · 11 Mar 2016

The Victims and Witnesses (Scotland) Act 2014 introduces various measures to improve support for victims and witnesses, putting victims' interests at the heart of the justice system and ensuring that witnesses are able to fulfil their public duty effectively.
Information provided by the Scottish Courts and Tribunals Service indicates a marked increase in the number of applications for special measures since 1 September 2015. In particular, increases in applications for the use of screens and supporters are extremely encouraging.
The Scottish Courts and Tribunals Service uses a live operational case management system for the processing of court business. The information held on the system is structured for these operational needs, rather than for statistical reporting or research purposes. The information provided in the following tables is based on the best information available from the case management system as at 8 March 2016. Data is produced by the Scottish Courts and Tribunals Service Management Information Analysis Team.
All solemn special measure applications – adult
Special Measure – Application
Jan
15
Feb
15
Mar
15
Apr
15
May
15
Jun
15
Jul
15
Aug
15
Sep
15
Oct
15
Nov
15
Dec
15
Jan
16
Feb
16
2015 Total
2016 1 Jan to 29 Feb
Video – in court
6
0
7
6
2
1
2
13
2
4
3
8
3
2

54
5
Screens

58
33
46
53
51
57
57
50
47
66
51
40
62
87

609
149
Video – between courts
7
5
0
5
5
0
9
8
1
10
6
2
6
7

58
13
Video – remote
0
2
1
2
1
3
4
2
2
1
3
1
1
2

22
3
Supporter

78
42
61
65
57
62
76
71
52
88
66
51
78
101
769
179
Other application
0
1
0
0
0
0
0
1
0
0
2
2
2
4

6
6
Total
149
83
115
131
116
123
148
145
104
169
131
104
152
203

1,518
355
All solemn special measure applications – child
Special Measure – Application
Jan
15
Feb
15
Mar
15
Apr
15
May
15
Jun
15
Jul
15
Aug
15
Sep
15
Oct
15
Nov
15
Dec
15
Jan
16
Feb
16
2015 Total
2016 1 Jan to 29 Feb
Video – in court
7
19
4
2
3
6
3
5
7
12
3
7
4
6
78
10
Screens
13
21
25
34
25
22
27
49
27
46
23
18
31
35
330
66
Video – between courts
1
10
10
3
5
15
9
2
0
4
7
4
5
0
70
5
Video – remote
3
5
13
4
3
2
2
13
7
4
1
3
3
4
60
7
Supporter
28
51
51
45
36
41
41
66
44
66
33
31
63
67
533
130
Other application
3
3
0
5
2
1
2
1
2
2
2
5
2
4
28
6
Total
55
109
103
93
74
87
84
136
87
134
69
68
108
116
1,099
224
All summary special measure applications – adult
Special Measure – Application
Jan
15
Feb
15
Mar
15
Apr
15
May
15
Jun
15
Jul
15
Aug
15
Sep
15
Oct
15
Nov
15
Dec
15
Jan
16
Feb
16
2015 Total

2016 1 Jan to 29 Feb
Video – in court
18
15
18
17
22
11
18
12
11
19
20
28
36
24

209
60
Screens
73
73
84
58
68
63
62
74
100
335
454
585
805
965

2,029
1,770
Video – between courts
5
0
1
0
4
0
4
8
1
4
1
4
4
3

32
7
Video – remote
14
7
12
4
9
4
10
10
13
10
8
3
23
4

104
27
Supporter

111
101
121
74
102
82
89
98
134
357
468
639
869
994

2,376
1,863
Other application
0
9
1
0
1
0
1
2
5
21
25
26
43
46

91
89
Total
221
205
237
153
206
160
184
204
264
746
976
1285
1780
2036
4841
3816
All summary special measure applications – child
Special Measure – Application
Jan
15
Feb
15
Mar
15
Apr
15
May
15
Jun
15
Jul
15
Aug
15
Sep
15
Oct
15
Nov
15
Dec
15
Jan
16
Feb
16
2015 Total

2016 1 Jan to 29 Feb
Video – in court

48

47

50

45

39

48

40

59

52

51

46

41

71

52

566

123
Screens

202

133

186

159

139

163

170

211

124

193

194

187

222

206

2,061

428
Video – between courts

10

3

11

3

8

9

17

17

5

15

8

5

17

8

111

25
Vide

Answer · Paul Wheelhouse · 21 Mar 2016

I have today (21 March 2016) launched a consultation on the Fire and Rescue Framework for Scotland 2016 which invites comment on our future strategic priorities for the Scottish Fire and Rescue Service. Copies of the consultation papers will be placed in the Scottish Parliament Information Centre (Bib. number 57678).
This draft framework has been developed in partnership with the Scottish Fire and Rescue Service.

Answer · Michael Matheson · 9 Mar 2016

Private prosecutions are, and should remain, exceptionally rare in Scotland. Responsibility for decisions on whether or not to prosecute alleged criminal offences in Scotland rests clearly with the Crown. The Crown Office and Procurator Fiscal Service has a strong record in prosecuting crime.
The Bill for Criminal Letters, submitted to the High Court on behalf of some of the families of the bin lorry tragedy, raises issues that have not previously been tested in case law with reference to the very small number of previous private prosecutions in Scotland.
On that basis, and that basis alone, ministers propose to make a determination under section 4(2)(c) of the Legal Aid (Scotland) Act 1986 requiring the Scottish Legal Aid Board to make legal aid available to the representatives of the families for preparation and for the hearing before the High Court to consider the Bill for Criminal Letters. The hearing will allow the High Court to consider whether the Bill for Criminal letters raises exceptional circumstances that would justify a private prosecution proceeding.
The determination is not being made on the basis that ministers agree that the circumstances set out in the application for funding constitute exceptional circumstances, which is a matter for the court to consider. Nor is it made on the basis that ministers agree that there was any error in law in the decision by the Crown. The Lord Advocate has set out publicly the basis for the decision not to progress a prosecution following the bin lorry tragedy.
In line with human rights requirements and the need to be represented in a hearing considering a potential criminal prosecution, ministers will also make determinations in response to requests to make legal aid available to the representatives of the driver of the bin lorry, Harry Clarke, and also to William Payne, with reference to a potential private prosecution following the tragic deaths of Mhairi Convy and Laura Stewart.
Our first thoughts remain with the families of John Sweeney, Lorraine Sweeney, Erin McQuade, Stephenie Tait, Gillian Ewing and Jacqueline Morton, who died in the 2014 Glasgow bin lorry tragedy, and Mhairi Convy and Laura Stewart who died in a separate incident in Glasgow in December 2010.