Questions and answers

Question reference: S6W-39277

Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 09 July 2025
Current Status: Answered by Angela Constance on 29 July 2025

To ask the Scottish Government what action it is taking to tackle the sale of counterfeit goods.

The regulation of consumer protection is reserved to the UK Government which includes the work of Trading Standards Scotland.

The Scottish Anti-Illicit Trade Group (SAITG), which was formally re-launched on 3 March 2025, aims to disrupt counterfeiting and Intellectual Property crime in Scotland. The group brings together law enforcement, government and businesses and focuses on developing best practice and enhancing collective strategies. The work of the group forms a coordinated response to protect Scottish products, businesses and consumers from the threat of counterfeit goods.

The group also supports the aims of the Serious Organised Crime Taskforce to discourage individuals from using the products of serious organised crime.

Question reference: S6W-39274

Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 09 July 2025
Current Status: Answered by Angela Constance on 29 July 2025

To ask the Scottish Government how many businesses were closed down as a result of selling counterfeit goods in the financial year 2024-25.

Question reference: S6W-39275

Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 09 July 2025
Current Status: Answered by Angela Constance on 29 July 2025

To ask the Scottish Government what the total value was of counterfeit goods seized in the financial year 2024-25.

Question reference: S6W-39276

Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 09 July 2025
Current Status: Answered by Dorothy Bain on 25 July 2025

To ask the Scottish Government how many individuals were (a) prosecuted and (b) convicted for selling counterfeit goods in the financial year 2024-25.

A search has been performed of the COPFS database for charges received by COPFS under a) the Trade Marks Act 1994, and b) a key word search for counterfeit or fake goods on charges under the Scottish Government Classification of "Fraud”.

During the period 1 April 2024 to 31 March 2025 there was a total of 27 charges marked for court action relating to individuals. Of these 27 charges, four resulted in a conviction with 19 charges ongoing. No further action was taken in two charges and a further two charges resulted in the individual not being convicted.

Information is also provided for the period 1 April 2020 to 31 March 2024 and all information is broken down as follows:

Outcome	2020-21	2021-22	2022-23	2023-24	2024-25
Convicted	50	4	7	2	4
Not Convicted	57	6	6	3	2
Ongoing	6	0	22	31	19
No Further Action	1	9	1	9	2
Total	114	19	36	45	27

The information is provided under the caveat that COPFS uses a live, operational database to manage the processing of reports submitted to Procurators Fiscal by the police and other reporting agencies throughout Scotland. It is designed to meet business needs in the processing of criminal cases, rather than for statistical analysis, and the information within it is structured accordingly.

The numbers were arrived at following an interrogation of relevant charges however a manual review was not conducted to confirm accuracy.

Question reference: S6W-39273

Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 09 July 2025
Current Status: Answered by Dorothy Bain on 25 July 2025

To ask the Scottish Government how many businesses were fined for selling counterfeit goods in the financial year 2024-25.

A search has been performed of the COPFS database for charges received by COPFS under a) the Trade Marks Act 1994, and b) a key word search for counterfeit or fake goods on charges under the Scottish Government Classification of "Fraud”.

During the period 1 April 2024 to 31 March 2025 there were no charges where a Fiscal Fine was offered by COPFS and accepted in relation to either individuals or companies.

The information is provided under the caveat that COPFS uses a live, operational database to manage the processing of reports submitted to Procurators Fiscal by the police and other reporting agencies throughout Scotland. It is designed to meet business needs in the processing of criminal cases, rather than for statistical analysis, and the information within it is structured accordingly.

The numbers were arrived at following an interrogation of relevant charges however a manual review was not conducted to confirm accuracy.

Question reference: S6W-39469

Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Friday, 18 July 2025
Current Status: Answer expected on 15 August 2025

To ask the Scottish Government whether it plans to reallocate any Children, Young People and Families Early Intervention and Adult Learning and Empowering Communities funding, in light of the closure of the charity, Saheliya.

Question reference: S6W-38154

Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 12 June 2025
Current Status: Answered by Angela Constance on 26 June 2025

To ask the Scottish Government whether it plans to introduce any measures to ensure that female prisoners are not subjected to any unwanted sexual advances from biological males housed in the same facility.

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

The SPS Policy for the Management of Transgender People in Custody makes it clear that if a transgender woman presents a risk of harm against women and girls, that they will be accommodated in a male establishment.

Any suspected breaches of discipline such as inappropriate behaviours, will be managed in accordance with Schedule 1 of the Prison and Young Offenders Rules (Scotland) 2011. Breaches of discipline include, but are not limited to:

4 – uses threatening words or behaviour

5 – commits any indecent or obscene act

13 – disobeys or fails to comply with any rule, direction or regulation applying to a prisoner

31 – attempts to commit, incites another prisoner to commit, or assists another prisoner to commit or attempt to commit, any of the foregoing breaches.

Restrictions may then be applied to individuals such as removal from association or activities in order to provide a safe and secure environment for everyone living in prisons.

Question reference: S6W-38155

Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 12 June 2025
Current Status: Answered by Angela Constance on 26 June 2025

To ask the Scottish Government how it plans to reconcile the Supreme Court's ruling in For Women Scotland Ltd v The Scottish Ministers with its current policies on housing trans-identifying male prisoners in female prisons.

Question reference: S6W-38153

Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 12 June 2025
Current Status: Answered by Angela Constance on 26 June 2025

To ask the Scottish Government what its current approach is to trans-identifying male prisoners, and what its position is on whether its approach aligns with its commitment to women's rights.

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

As defined in the SPS Management of Transgender People in Custody 2023, SPS manage transgender individuals in our custody using a rights-based approach, whilst ensuring that no transgender woman with a history of violence against women and girls, who presents a risk to women, will be placed in the female estate.

SPS’ Women’s Strategy also recognises the rights of women, by promoting therapeutic and trauma informed environments that recognise the individual past experiences of women and their specific needs.

Like many public services, SPS is currently reviewing its policies and practices to consider the impacts of the Supreme Court judgement. We will work to ensure that our policies or practices that are impacted comply with the outcome of the judgement and the Equality and Human Rights Commission’s revised Code of Practice, when published, ensuring compliance with the law.

Scottish Government’s Short Life Working Group will also support SPS to take the necessary steps when the Code is published.

Question reference: S6W-35472

Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 20 May 2025
Current Status: Answered by Jenni Minto on 3 June 2025

To ask the Scottish Government whether it plans to update any policies that it has on the procedures for NHS patients and staff to follow when (a) reporting and (b) raising concerns regarding sexual assault.

We strongly encourage staff to report all instances of violent and aggressive behaviour, including sexual violence, through their local reporting systems. We expect Health Boards to record and report all instances of violent behaviour, including sexual assaults. These should be investigated and reported to the police where appropriate.

For NHSScotland Staff, the Managing Health at Work policies include guidance on preventing, reporting and dealing with violence and aggression. This staff policy is being refreshed under the NHSScotland ‘Once for Scotland’ Workforce Policies Programme.

We expect all health boards to be actively committed to protecting staff from violence and assault, including sexual violence, and make sure that any employees who are victims of violence or aggression have access to appropriate support.

A Sexual Harassment Guide is also in development to supplement the Gender Based Violence Policy which is currently being refreshed.

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