Liam Kerr

18 May 2020 · Written Question

To ask the Scottish Government what its definition of “sexual characteristics” is in its proposed Hate Crime and Public Order (Scotland) Bill.

Answer · Humza Yousaf: The Hate Crime and Public Order (Scotland) Bill sets out ‘variations in sex characteristics’ as a reference to a person being born with physical and biological sex characteristics which, taken as a whole, are neither those typically associated with males nor …

18 May 2020 · Written Question

To ask the Scottish Government (a) at what point and (b) against what benchmark something becomes a "variation" in the "sexual characteristics" defined by the Hate Crime and Public Order (Scotland) Bill.

Answer · Humza Yousaf: As set out in the answer to question S5W-29139 on 4 June 2020, a definition of ‘variations in sex characteristics’ is provided, for the purposes of the Bill, as being a reference to a person being born with physical and biological sex characteristics which, t…

18 May 2020 · Written Question

To ask the Scottish Government what analysis it has undertaken to establish the need to include variations in sexual characteristics as an aggravating factor under its proposed reforms of hate crime legislation, and whether it will place any analysis in the Scottish Parliament Information Centre (SPICe).

Answer · Humza Yousaf: In his review, Lord Bracadale recommended that ‘intersex’ should be included as a separate category within hate crime legislation rather than a sub-category of transgender identity. On 14 November 2018 the Scottish Government’s ‘One Scotland: hate has no hom…

18 May 2020 · Written Question

To ask the Scottish Government whether it regards variations in sexual characteristics as an identity characteristic for the purposes of the Hate Crime and Public Order (Scotland) Bill.

Answer · Humza Yousaf: I refer the member to the answer to question S5W-29138 on 4 June 2020. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at https://www.parliament.scot/parliamentarybusiness/2…

18 May 2020 · Written Question

To ask the Scottish Government what its reasons are for adopting the terminology of VSCs (Variations in Sex Characteristics) for the purposes of the Hate Crime and Public Order (Scotland) Bill, rather than DSDs (Differences in Sex Development), which is used by NHS Scotland and its Scottish Differences in Sex Developm…

Answer · Humza Yousaf: The Scottish Government is aware that other terms are also in use, such as ‘intersex’ or ‘difference in sex development’. People with a variation will also have their own preferred language and might refer to their specific variation or diagnosis. The Hate Cr…

18 May 2020 · Written Question

To ask the Scottish Government which advocacy groups and organisations it has consulted regarding the protection of rights to freedom of speech and assembly in relation to the Hate Crime and Public Order (Scotland) Bill.

Answer · Humza Yousaf: Following recommendations made by Lord Bracadale’s Independent Review of Hate Crime Legislation in Scotland, the Scottish Government engaged extensively with stakeholders and the wider public. On 14 November 2018 the Scottish Government launched the ‘One Sco…

18 May 2020 · Written Question

To ask the Scottish Government whether all prisoners are tested for COVID-19 prior to release and, if so, at what point.

Answer · Joe FitzPatrick: Prisoners are not routinely tested for COVID-19 prior to liberation. In line with existing guidance, prison healthcare staff should inform their local health protection team if they suspect that they have cases of COVID-19 in the prison and health protection…

12 May 2020 · Written Question

To ask the Scottish Government whether formal guidance or direction has been issued to sheriffs to avoid sentencing offenders to prison terms during the COVID-19 lockdown.

Answer · Humza Yousaf: Sentencing decisions in individual cases are entirely a matter for the court to take within the overall legal framework, taking account of all the relevant facts and circumstances of the case. The Scottish Ministers do not issue guidance or direction to sher…

11 May 2020 · Written Question

To ask the Scottish Government how many care homes there are in (a) Aberdeenshire and (b) Aberdeen City; how many of these have reported at least one case of COVID-19 among either staff or residents, and, for each of those care homes, how many residents have died with COVID-19 being either the cause or present in the …

Answer · Jeane Freeman: (a) There are 69 care homes for adults in Abderdeenshire Health and Social Care Partnership. Between 14 March and 10 June 2020, 55% of care homes in Aberdeenshire notified the Care Inspectorate of at least one case of suspected Covid-19. National Records of …

4 May 2020 · Written Question

To ask the Scottish Government how many Aberdeen-based businesses qualify for business grants because of the COVID-19 response, and how many would have done so prior to the rates revaluation.

Answer · Kate Forbes: Eligibility for the grant scheme is based on the local authority records for property use and rateable value as at 17 March 2020, and the Scottish Government estimates that there are around 2,600 ratepayers in Aberdeen city that may be eligible for either the…

30 Apr 2020 · Written Question

To ask the Scottish Government for what reason police officers who are asymptomatic but attend incidents where there is a high risk of exposure to COVID-19 are reportedly not being tested for the virus.

Answer · Humza Yousaf: Police officers and staff who are feeling concerned about their health or wellbeing following a Covid-19 interaction can contact their HR department to be risk assessed, following which a decision can be made on whether testing is appropriate. This position h…

17 Apr 2020 · Written Question

To ask the Scottish Government whether wills are still being processed by the court system during the COVID-19 outbreak, and whether there are any barriers to this work being carried out remotely.

Answer · Humza Yousaf: This question relates to operational matters that are the responsibility of the Scottish Court and Tribunals Service (SCTS) corporate body. The question has been passed to the Chief Executive of the SCTS who will reply in writing within 20 days

17 Apr 2020 · Written Question

To ask the Scottish Government what guidance (a) the Crown Office and Procurator Fiscal Service and (b) Police Scotland has drawn up for the enforcement of the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020.

Answer · Humza Yousaf: It is a matter for the Lord Advocate, as the head of the system of prosecution in Scotland, to consider whether it is appropriate or relevant to issue guidance on the enforcement of The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 202…

16 Apr 2020 · Written Question

To ask the Scottish Government what assessment it has made of the feasibility of temporarily expanding the prison estate with additional cells, in light of the COVID-19 outbreak.

Answer · Humza Yousaf: I have asked Teresa Medhurst, Interim Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows: On 3 January 2020, there were 8,159 people in custody, compared with 7,176 on 24 April 2020, a reduction of 983. Our populatio…

13 Apr 2020 · Written Question

To ask the Scottish Government what provision is being made to provide personal protective equipment (PPE) to frontline staff dealing with prisoner transfers for court appearances.

Answer · Humza Yousaf: I have asked Teresa Medhurst, Interim Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows: The transfer of people between prison custody and court is undertaken by GEOAmey under the Scottish Court Custody and Prisoner…

9 Apr 2020 · Written Question

To ask the Scottish Government what information it has regarding whether churches and religious bodies in Scotland will be eligible to apply for support from the funding package for charities that has been announced by the UK Government in light of the COVID-19 outbreak,

Answer · Kate Forbes: The Third Sector Resilience Fund (TSRF) is a £20 million emergency fund for charities, community groups, social enterprises and voluntary organisations working in Scotland. The fund will support organisations that already deliver services and products but fin…

8 Apr 2020 · Written Question

To ask the Scottish Government what items of personal protective equipment (PPE) are being procured by Police Scotland in response to the COVID-19 outbreak, broken down by (a) quantity and (b) deadline.

Answer · Humza Yousaf: Police Scotland advises that officers can risk assess whether or not to use a surgical mask for routine policing activities where there are no symptoms or other indications of Covid-19 but where it may be difficult to apply social distancing measures. If ther…

8 Apr 2020 · Written Question

To ask the Scottish Government what items of personal protective equipment (PPE) are being procured by the Scottish Prison Service in response to the COVID-19 outbreak, broken down by (a) quantity and (b) deadline, and, in light of reports that the agency already has sufficient stock, for what reason it is carrying ou…

Answer · Humza Yousaf: I have asked Teresa Medhurst, Interim Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows: Table 1 provides a breakdown of all PPE items and quantities ordered by SPS, by date. Table 2 provides a breakdown of all PPE…

1 Apr 2020 · Written Question

To ask the Scottish Government what estimate it has made of the (a) minimum and (b) maximum number of prisoners that are eligible for release under the provisions in the Coronavirus (Scotland) Bill.

Answer · Humza Yousaf: The Scottish Parliament agreed that emergency prison release powers in the Coronavirus (Scotland) Act 2020 Act were necessary, and would reflect the powers of emergency release already available in England and Wales – and which the UK government have decided …

18 Mar 2020 · Portfolio Question

To ask the Scottish Government whether it will provide an update on the Baird Family Hospital and Anchor Unit project at Aberdeen Royal Infirmary.

Answer · Jeane Freeman: NHS Grampian are working with Health Facilities Scotland on a final design assurance review before moving towards financial close. The design review will provide assurance that the management and design of the project has taken cognisance of patient safety an…

2 Mar 2020 · Portfolio Question

To ask the Scottish Government what plans it has for more investment in safety improvements for the A90, and whether these will include additional funding to improve the effectiveness of the average speed cameras.

25 Feb 2020 · Portfolio Question

To ask the Scottish Government how it helps older people maintain their independence.

21 Feb 2020 · Written Question

To ask the Scottish Government for what reason the criminal proceedings statistical bulletin for 2018-19 is not due to be published until April 2020.

Answer · Humza Yousaf: Statisticians decided that additional time was required for the completion of all quality assurance checks on this information prior to publication of these statistics. This was to maintain our commitment to produce National Statistics that are of high value…

12 Feb 2020 · Portfolio Question

To ask the Scottish Government what discussions it has had with Police Scotland regarding surveillance of drug supply routes.

27 Jan 2020 · First Minister's Question

To ask the First Minister what the Scottish Government's response is to reports that Scottish Prison Service officers average three weeks’ sickness leave per year.

22 Jan 2020 · Portfolio Question

To ask the Scottish Government what action it is taking to protect vulnerable older people.

18 Jan 2020 · Topical Question

To ask the Scottish Government what its response is to the Chief Constable’s recent remarks to the Scottish Police Authority regarding the Police Scotland budget.

14 Jan 2020 · Portfolio Question

To ask the Scottish Government what discussions it has had with victims of crime regarding the Scottish Elections (Franchise and Representation) Bill.

7 Jan 2020 · General Question

To ask the Scottish Government what its response is to figures from the EIS stating that one in three teachers in Aberdeen are considering leaving the profession.

Answer · John Swinney: We are already taking a range of actions to provide additional support for teachers to improve recruitment and retention, improve teachers’ pay and tackle workload. Teacher numbers have increased for the fourth year in a row - rising to 52,247 in 2019, teache…

6 Jan 2020 · Written Question

To ask the Scottish Government how possessing a gender recognition certificate impacts on a prisoner’s legal entitlement to be accommodated in the prison estate in a manner that is consistent with their acquired gender.

Answer · Humza Yousaf: I have asked, Teresa Medhurst Interim Chief Executive of the Scottish Prison Service, to respond. Her response is as follows: A transgender person in the care of SPS who possess a gender recognition certificate will normally be managed and held in an establi…