Alison McInnes

19 Nov 2015 · Written Question

To ask the Scottish Government what its position is on introducing a factor-based approach to consider extending the Freedom of Information (Scotland) Act 2002 to cover functions that it considers to be of a public nature.

Answer · Joe FitzPatrick: The Scottish Government has consistently advocated a factor-based approach to extension of coverage of the Freedom of Information (Scotland) Act 2002, most recently in the consultation paper proposing further extension of coverage published earlier in 2015.

19 Nov 2015 · Written Question

To ask the Scottish Government what its position is on carrying out a review to identify whether any rights to access to information under the Freedom of Information (Scotland) Act 2002 have been lost since the legislation was introduced, and whether it will commit to using its powers under section 5 of the Act to rei…

Answer · Joe FitzPatrick: Loss of information rights is one of the key factors that the Scottish Government will consider when examining a range of organisations delivering public services to consider whether or not they should be brought under the scope of the Freedom of Information …

19 Nov 2015 · Written Question

To ask the Scottish Government what progress it is making in introducing a policy to require the automatic consideration of transferring rights and duties under the Freedom of Information (Scotland) Act 2002 to bodies that take over the delivery of functions and services on behalf, or instead, of public authorities.

Answer · Joe FitzPatrick: The Code of Practice published in accordance with section 60 of the Freedom of Information (Scotland) Act 2002 ('the Act') requires a public authority, when considering outsourcing any of its functions, to take steps to ensure that there is no resulting reduc…

19 Nov 2015 · Written Question

To ask the Scottish Government what its position is on extending the Freedom of Information (Scotland) Act 2002 to include (a) housing associations, (b) trusts set up by local authorities to provide services, (c) privately-run prisons, (d) private sector companies contracted to build or maintain (i) local authority sc…

Answer · Joe FitzPatrick: In October 2015, the Scottish Government announced its intention to consult with housing associations with a view to extending coverage of the Freedom of Information (Scotland) Act 2002 ('the Act'). The Scottish Government has previously extended coverage of …

19 Nov 2015 · Written Question

To ask the Scottish Government how many bodies the Freedom of Information (Scotland) Act 2002 is applicable to and how this compares with the number when the legislation came into force.

Answer · Joe FitzPatrick: Authorities are subject to the Freedom of Information (Scotland) Act 2002 ('the Act') either due to be listed in Schedule 1 of the Act, by being a 'publicly-owned company', or by designation by Scottish Ministers. There is no comprehensive list of authorities…

19 Nov 2015 · Written Question

To ask the Scottish Government how many times it has exercised its powers under section 5 of the Freedom of Information (Scotland) Act 2002 to designate bodies, also broken down by (a) date and (b) name of body.

Answer · Joe FitzPatrick: The Scottish Government has to date exercised its powers under section 5 of the Freedom of Information (Scotland) Act 2002 ('the Act') on one occasion. In April 2014 an order came into force bringing within scope of the Act arm's length organisations establis…

19 Nov 2015 · Written Question

To ask the Scottish Government whether it considers that the scope of the Freedom of Information (Scotland) Act 2002 has reduced since the legislation came into force, and what the reasons are for its position on this matter.

Answer · Joe FitzPatrick: The scope of the Freedom of Information (Scotland) Act 2002 ('the Act') is subject to constant change. Without a comprehensive analysis of coverage in 2005 compared to now we do not consider it is possible to accurately assess the extent of changes to scope. …

19 Nov 2015 · Written Question

To ask the Scottish Government what plans it has to establish a register of the (a) local authority arms-length external organisations and (b) bodies designated under section 5 of the Freedom of Information (Scotland) Act 2002.

Answer · Joe FitzPatrick: The Scottish Government recognises the value of such a register but considers that the Scottish Information Commissioner, as the regulator and promoter of the legislation, is best placed to take this forward.

18 Nov 2015 · Written Question

To ask the Scottish Government how many times a person who has spent more than 140 days on remand has been acquitted in each month since April 2010.

Answer · Michael Matheson: The information requested is not held centrally.

18 Nov 2015 · Written Question

To ask the Scottish Government what the (a) longest, (b) average and (c) median time is that a person has spent in on remand (i) since April 2015 and (ii) in each year since 2010.

Answer · Michael Matheson: The information requested for 2010-11 to 2012-13 is shown in the following table. Data for 2013-14 will be published on 18 December 2015. Data from April 2015 onward is not yet available. Maximum, mean and median number of days spent on remand prior to liber…

18 Nov 2015 · Written Question

To ask the Scottish Government how many applications by the Crown Office and Procurator Fiscal Service for an extension of the 140-day remand limit have been (a) granted and (b) refused in each month since April 2010 and how many refusals have been subject to a subsequent appeal that has been (i) upheld and (ii) rejec…

Answer · Frank Mulholland QC: The information sought is not held centrally by the Crown Office and Procurator Fiscal Service and would require manual collation which would have a disproportionate cost to obtain.

18 Nov 2015 · Written Question

To ask the Scottish Government what its response is to the comment in Scottish Legal News on 13 November 2015 that the 140-day remand limit is regularly breached by the courts due to a “lack of judges, lack of court space and lack of resources for the preparation of trials”.

Answer · Michael Matheson: The Inspectorate of Prosecution in Scotland has carried out an examination this year of the management of time limits. Its report was published in February 2015 and may be found at: http://www.gov.scot/Publications/2015/02/1907 The report notes the increase…

16 Nov 2015 · Written Question

To ask the Scottish Government further to the answer to question S4W-27521 by John Swinney on 29 September 2015, whether it plans to make any changes to the NHS Central Register (Scotland) Regulations 2006 through (a) primary and (b) secondary legislation and, if so, (i) what changes and (ii) whether this will be intr…

Answer · John Swinney: I refer the member to the answer to question S4W-28458 on 2 December 2015. 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/parliamentary…

16 Nov 2015 · Written Question

To ask the Scottish Government, further to the answer to question S4W-27521 by John Swinney on 29 September 2015, what discussions it has had regarding changes to the NHS Central Register (Scotland) Regulations 2006 since the answer was provided.

Answer · John Swinney: I refer the member to the answer to question S4W-28458 on 2 December 2015. 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/parliamentaryb…

16 Nov 2015 · Written Question

To ask the Scottish Government further to the answer to question S4W-27521 by John Swinney on 29 September 2015, whether it will provide the information that was requested regarding what date it will (a) publish an analysis of responses to the consultation on proposed amendments to the NHS Central Register (Scotland) …

Answer · John Swinney: As set out in the answer to S4W-27521, I will provide to Parliament in due course an analysis of responses and how we intend to proceed. Any proposals regarding legislation would be set out at that stage. Discussions continue to take place with relevant publi…

16 Nov 2015 · Written Question

To ask the Scottish Government whether it will provide an update on the appointment of a privacy champion to the NHS Central Register Governance Board.

Answer · John Swinney: The National Records of Scotland hopes to appoint a suitable candidate early in 2016.

16 Oct 2015 · Written Question

To ask the Scottish Government what (a) progress it has made in establishing an independent advisory group on age of criminal responsibility, (b) appointments have been made to it and (c) will be its scope.

Answer · Michael Matheson: The advisory group on age of criminal responsibility is scheduled to meet for the first time on 16 November 2015. Four meetings are due to be held between November and February 2016. The group will comprise senior representatives from organisations with resp…

16 Oct 2015 · Written Question

To ask the Scottish Government what issues relating to (a) disclosure of criminal records, (b) forensic samples, (c) police investigatory powers, (d) victims and community confidence, (e) the role of the children’s hearings system and (f) UN Convention on the Rights of the Child compliance it has identified in relatio…

Answer · Michael Matheson: An advisory group will start work in November 2015 to address the issues involved in raising the minimum age of criminal responsibility, and to provide recommendations for public consultation in early 2016. The Scottish Government wishes to promote an age an…

13 Oct 2015 · Written Question

To ask the Scottish Government how many people have died by suicide within two days of release from police custody in each year since 2013, broken down by division; whether each case was investigated by Police Scotland or the Police Investigations and Review Commissioner, and whether this data is routinely published.

Answer · Michael Matheson: The information requested is a matter for Police Scotland. I have alerted the Chief Constable to your question and I have asked him to write to you.

5 Oct 2015 · First Minister's Question

To ask the First Minister what the Scottish Government's response is to the findings of the first ever Scottish Police Authority and Police Scotland officer and staff opinion survey.

2 Oct 2015 · Written Question

To ask the Scottish Government, further to the answer to question S4O-04649 by Humza Yousaf on 30 September 2015 (Official Report, c. 10), whether its estimate of the number of refugees that could currently be accommodated in Scotland is (a) between 1,000 and 2,000, (b) between 2,000 and 3,000 (c) between 3,000 and 5,…

Answer · Humza Yousaf: The Scottish Government has not made any such estimate of the number of refugees that could currently be accommodated in Scotland. The number of refugees that could be accommodated would depend on the needs of individual refugees accepted for resettlement and…

2 Oct 2015 · Written Question

To ask the Scottish Government, further to the answer to question S4O-04649 by Humza Yousaf on 30 September 2015 (Official Report, c. 10), whether COSLA requested that the minister withhold from parliamentary answers any estimates from local authorities of the current capacity in Scotland to receive refugees.

Answer · Humza Yousaf: COSLA has not requested that the Minister for Europe and International Development withholds estimates from local authorities of the current capacity in Scotland to receive refugees from parliamentary answers.

2 Oct 2015 · Written Question

To ask the Scottish Government, further to the answer to question S4O-04649 by Humza Yousaf on 30 September 2015 (Official Report, c. 10), whether the minister provided the (a) Foreign Secretary or (b) minister with responsibility for Syrian refugees with an estimate of the current capacity in Scotland to receive refu…

Answer · Humza Yousaf: The Minister for Europe and International Development did not provide the Foreign Secretary or the minister with responsibility for Syrian refugees with an estimate of the current capacity in Scotland to receive refugees. However, he informed both ministers t…

2 Oct 2015 · Written Question

To ask the Scottish Government, further to the answer to question S4O-04650 by Humza Yousaf on 30 September 2015 (Official Report, c. 12), whether it has set a deadline for COSLA to have collated information on the agreed capacity of local authorities to receive refugees.

Answer · Humza Yousaf: COSLA is undertaking collation of the information on the agreed capacity of local authorities to receive refugees. We are working closely with COSLA and the Home Office to determine the best options for resettlement of refugees.

23 Sep 2015 · Portfolio Question

To ask the Scottish Government when it last discussed the refugee crisis with the UK Government.

21 Sep 2015 · Topical Question

To ask the Scottish Government what its response is to reports that Police Scotland has breached the Regulation of Investigatory Powers (Scotland) Act 2000 on multiple occasions.

16 Sep 2015 · Portfolio Question

To ask the Scottish Government whether it will provide an update on progress in filling GP vacancies across the north east.

15 Sep 2015 · Written Question

To ask the Scottish Government, further to the answer to question S4W-26131 by John Swinney on 7 July 2015, on what date it will (a) publish an analysis of responses to the consultation on proposed amendments to the NHS Central Register (Scotland) Regulations 2006 and (b) set out how it intends to proceed, and what di…

Answer · John Swinney: We will provide an analysis of responses and how we intend to proceed to Parliament in due course. As part of our considerations, discussions have taken place with the Information Commissioner’s Office, and with the Open Rights Group accompanied by Patrick H…

10 Sep 2015 · Written Question

To ask the Scottish Government, further to the answer to question S4O-04551 by John Swinney on 9 September 2015 (Official Report c. 5), what impact the wait to receive a response from Eurostat will have on the timetable for the Aberdeen Western Peripheral Route project.

Answer · John Swinney: There will be no impact on the delivery timetable for the Aberdeen Western Peripheral Route as a result of Eurostat considering the points for clarification which have been put to it by the Office for National Statistics.

10 Sep 2015 · Written Question

To ask the Scottish Government, further to the answer to question S4O-04551 by John Swinney on 9 September 2015 (Official Report c. 5), whether the planned timetable for the Aberdeen Western Peripheral Route project now differs from the details provided in the answer to question S4W-24246 on 2 February 2015.

Answer · John Swinney: There is no change to the delivery timetable of the Aberdeen Western Peripheral Route since the updates given in the answer to question S4W-24246 on 2 February 2015, and reconfirmed in the answer to question S4W-26951 answered on 31 July 2015, which made clea…