Parliamentary questions

Liam McArthur

3,644 questions tabled in the Scottish Parliament, most recent first.

24 Jul 2018 · Written Question

To ask the Scottish Government how many (a) non harassment, (b) sexual harm prevention and (c) sexual risk orders have been made under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.

Answer · Humza Yousaf: The Abusive Behaviour and Sexual Harm (Scotland) Act 2016 does not create a new power to impose Non-Harassment Orders. It amends provisions at section 234A of the Criminal Procedure (Scotland) Act 1995 concerning the powers of the criminal courts to impose a …

23 Jul 2018 · Written Question

To ask the Scottish Government whether it plans to review the implementation of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.

Answer · Humza Yousaf: The Act makes provision in a number of areas. The provisions concerning the domestic abuse aggravation, mandatory jury directions in certain sexual offence cases, extension of courts' powers to impose non-harassment orders and extension of Scottish courts' ex…

23 Jul 2018 · Written Question

To ask the Scottish Government how many (a) complaints, (b) prosecutions and (c) convictions have been made under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, broken down by offence.

Answer · Humza Yousaf: The Abusive Behaviour and Sexual Harm (Scotland) Act 2016 created a new offence of 'Disclosing, or threatening to disclose, an intimate photograph or film.' The offence came into effect on 3 July 2017. The Scottish Government produces statistics on the numbe…

25 Jun 2018 · Written Question

To ask the Scottish Government, further to the answer to question S5W-16438 by Michael Matheson on 17 May 2018, whether the meetings between officials and the Head of Police Scotland’s Cybercrime Unit, Police Scotland and the Scottish Police Authority were minuted; whether any minutes will be published and, in the eve…

Answer · Humza Yousaf: Officials visited one of Police Scotland’s Cyber Hubs in November 2017. Two visits took place to ensure all relevant parties were able to attend. Police Scotland provided tours of their facilities and an overview of their cyber capabilities. The Head of the C…

25 Jun 2018 · Written Question

To ask the Scottish Government whether it has analysed how many upskirting prosecutions and convictions have taken place in Scotland since the offence was introduced, and whether it will analyse voyeurism cases to establish how many involved upskirting.

Answer · Humza Yousaf: 'Up-skirting' is covered by specific sub-sections of the voyeurism offences (i.e. sections 4A and 4B of the offences at sections 9,26 and 36 of the Sexual Offences (Scotland) Act 2009. The available information is provided in the following tables, which have…

22 Jun 2018 · Written Question

To ask the Scottish Government for what reason mandatory fatal accident enquiries into prisoner deaths for (a) six cases in 2014, (b) six cases in 2015, (c) 18 cases in 2016 and (d) 24 cases in 2017 are still awaiting outcomes.

Answer · James Wolffe QC: I understand Mr McArthur’s question to refer to 54 cases involving deaths in prison custody which are referred to on the Scottish Prison Service (SPS) website. The SPS website does not record information about the progress of an inquiry, for example whether i…

22 Jun 2018 · Written Question

To ask the Scottish Government what the average time to complete a fatal accident inquiry has been in each year since 2010, and what the longest time has been in each year, broken down by whether it was for an inquiry into a death while in custody.

Answer · James Wolffe QC: Table A indicates, in relation to deceased whose deaths were reported to the Crown Office & Procurator Fiscal Service, during the financial years (1 April to 31 March) from 2010 -11 through to 2017-18, the time from the date of death to conclusion of evidence…

22 Jun 2018 · Written Question

To ask the Scottish Government how the timescale for fatal accident inquiries in Scotland compares with those in (a) England, (b) Wales and (c) Northern Ireland.

Answer · James Wolffe QC: In Scotland the system for the investigation of deaths is difference from the systems which exist in other jurisdictions within the United Kingdom. As such the Crown Office and Procurator Fiscal Service (COPFS) do not hold information which would enable this …

21 Jun 2018 · Written Question

To ask the Scottish Government what crimes the "illegal homosexual acts" that are recorded at Table A1 of the report, Criminal Proceeding in Scotland, 2016-17, consist of, and whether it will provide a breakdown of the 111 incidents in 2016-17.

Answer · Humza Yousaf: The table referred to in the question (Table A1) comes from the Recorded Crime in Scotland, 2016-17 National Statistics, rather than the Criminal Proceedings in Scotland report. When police receive reports of historical crime, these are recorded in line with…

20 Jun 2018 · Written Question

To ask the Scottish Government whether Victim Support Scotland will act as the provider for the Victim Surcharge Fund and, if not, which organisations have applied to run the service.

Answer · Humza Yousaf: I refer the member to the answer to question S5W-12706 on 28 November 2017. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusin…

20 Jun 2018 · Written Question

To ask the Scottish Government when the Victim Surcharge Fund will (a) become operational and (b) issue its first payment; what progress it is making with establishing the fund; what the reasons have been for any delay in its establishment, and when it will set out the details of how the fund will operate.

Answer · Humza Yousaf: Establishment of the Victim Surcharge Fund (VSF) has taken longer than anticipated as we’ve undertaken detailed consideration and consultation with partners on the most effective mechanisms to operate and manage the VSF. Our intention is to announce further …

18 Jun 2018 · Written Question

To ask the Scottish Government what the average daily prison population was for 2017-18.

Answer · Humza Yousaf: The annual average population in custody in 2017-18 was 7,464. Further details, including breakdowns by establishment and custody type will be provided in SPS’s annual report in July. More detailed weekly data can also be found at: http://www.sps.gov.uk/Co…

30 May 2018 · Written Question

To ask the Scottish Government, further to the answer to question S5W-13174 by Paul Wheelhouse on 20 December 2017, which stakeholders it has met in the last six months to discuss proposals for national fixed pricing on electricity distribution networks; when the meetings took place, and whether it will publish detail…

Answer · Paul Wheelhouse: We meet regularly with Scotland’s grid operators and other stakeholders and partners (such as Citizens Advice Scotland, and Highlands and Islands Enterprise) to discuss network issues, including distribution network charging. This engagement also includes mat…

30 May 2018 · Written Question

To ask the Scottish Government, further to the answer to question S5W-13173 by Paul Wheelhouse on 20 December 2017, for what reason the UK Energy Minister was not able to attend the last Convention of the Highlands and Islands, and whether it will publish all related correspondence on this issue.

Answer · Paul Wheelhouse: The Deputy First Minister invited the UK Energy Minister at the time, Richard Harrington MP, to attend the most recent meeting of the Convention of the Highlands and Islands, in March 2018, but Mr Harrington was unable to attend. I shall be happy to provide t…

29 May 2018 · Written Question

To ask the Scottish Government whether each of the recommendations set out in the report, Scotland's Choice - report of the Scottish Prisons Commission, which was published in July 2008, have been fully implemented and, if not, which remain outstanding, broken down by (a) the reason for the delay and (b) by what date …

Answer · Michael Matheson: Scotland’s Choice made 23 separate recommendations, almost all of which have been incorporated into current Government policy. The Scottish Government’s Justice Vision and Priorities reflects the principles of Scotland’s Choice that the use of prison should b…

21 May 2018 · Topical Question

To ask the Scottish Government whether its new drugs strategy will seek to support, rather than penalise, people in possession and intending to personally use small amounts of drugs.

16 May 2018 · Written Question

To ask the Scottish Government what its response is to recent figures, which suggest that the mortality rate in the NHS Orkney area is 5.4%, compared with the national average of 3.3%; what discussions it has had or plans with NHS Orkney regarding this, and what action can be taken to address the underlying causes.

Answer · Shona Robison: NHS Orkney’s crude mortality rate for this most recent quarter, October to December 2017, is higher than previous quarters. This latest data reflects winter months where due to an increased prevalence of conditions such as winter viruses and related condition…

15 May 2018 · Written Question

To ask the Scottish Government what its position on reforming the law with regard to defamation.

Answer · Annabelle Ewing: The Scottish Law Commission published its Report on Defamation, including a draft Defamation and Malicious Publication (Scotland) Bill in December 2017 as part of the Commission’s Ninth Programme of Law Reform. The report makes 49 separate recommendations. Th…

15 May 2018 · Written Question

To ask the Scottish Government what its response is to the recent finding by HM Inspectorate of Constabulary in Scotland that "a detailed and authoritative business case" setting out the benefits and risks associated with the merger between British Transport Police in Scotland with Police Scotland has not been produce…

Answer · Humza Yousaf: The HMICS report published in August 2017 reflects the position of the BTP integration programme in February/March 2017. Significant progress has been made since then. As you are aware a re-planning of the integration programme is currently under way and part…

15 May 2018 · Written Question

To ask the Scottish Government what its position is on introducing licences to cover the sale of pets.

Answer · Roseanna Cunningham: Licences are already required for the commercial selling of animals from pet shops, which can include private dwellings. However the Scottish Government accepts that the Pet Animals Act 1951 needs updating. The Scottish Government committed, in the Programme …

15 May 2018 · Written Question

To ask the Scottish Government what its position is on banning the (a) third-party sale of dogs and (b) sale of dogs under eight weeks-old.

Answer · Roseanna Cunningham: The Scottish Government has no current plans to ban the third-party sale of dogs. The Pet Animals Act 1951 requires that those selling animals as pets in most circumstances, including from a private dwelling, operate under a license issued by a local authorit…

8 May 2018 · General Question

To ask the Scottish Government when the Minister for Transport and the Islands last met Orkney Islands Council, and what issues were discussed.

3 May 2018 · Written Question

To ask the Scottish Government what assessment has been made of the risk of cyber kiosks being misused by the police, and what protections exist.

Answer · Michael Matheson: The deployment of cyber kiosks is a matter for Police Scotland.

3 May 2018 · Written Question

To ask the Scottish Government what additional training is provided to Police Scotland officers who are approved to use cyber kiosks.

Answer · Michael Matheson: The deployment of cyber kiosks is a matter for Police Scotland. It is a matter for the Chief Constable to consider what additional training is provided to officers approved to use cyber kiosks.

3 May 2018 · Written Question

To ask the Scottish Government which statutory powers permit the police to seize a phone and examine it for evidence, and whether witnesses can be compelled to hand over their phones for this purpose.

Answer · Michael Matheson: The police have a range of powers that allow them to seize a device and examine it for evidence, both within legislation and under common law. The powers used will depend upon the circumstances of the individual case. For example, if a person is searched unde…

3 May 2018 · Written Question

To ask the Scottish Government whether the use of cyber kiosks by Police Scotland is compliant with (a) current and (b) forthcoming data protection rules.

Answer · Michael Matheson: The deployment of cyber kiosks is a matter for Police Scotland. Police Scotland work to a series of standard operating procedures including those supporting Data Protection. Prior to the intended deployment of cyber kiosks and in adherence to the Data Protect…

3 May 2018 · Written Question

To ask the Scottish Government whether it has provided funding to Police Scotland specifically for investing in cyber kiosks.

Answer · Michael Matheson: The Scottish Government has not provided funding to Police Scotland specifically for investing in cyber kiosks. The Scottish Government’s funding for the Scottish Police Authority was published in the Scottish Budget: Draft Budget 2018-19 on 14 December 2017.…

3 May 2018 · Written Question

To ask the Scottish Government what (a) assurances and (b) notifications are given to people who voluntarily provide their electronic device to the police to be examined for evidence.

3 May 2018 · Written Question

To ask the Scottish Government whether owners of electronic devices examined by Police Scotland using cyber kiosks are (a) informed and (b) given a record of what is (i) viewed and (ii) extracted.

3 May 2018 · Written Question

To ask the Scottish Government what retention policies apply to the data acquired through Police Scotland's use of cyber kiosks.