Questions and answers

Question reference: S6W-05352

Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
Date lodged: Friday, 24 December 2021
Current Status: Answered by Ivan McKee on 17 January 2022

To ask the Scottish Government what plans it has to review its policy of applying unlimited liabilities on third party providers for compensation through standard Scottish Government ICT contracts.

The Scottish Government does not have a blanket policy of applying unlimited liabilities in its ICT contracts and contractual liability may be unlimited, capped or excluded.

The Scottish Government Model Terms and Conditions for ICT Services Contracts (Model Terms) contain provisions relating to liability that are intended to be reasonable and proportionate and to strike the right balance in allocating risk and liability for all parties.

Liability is unlimited where it cannot be restricted as a matter of law, including for death or personal injury, or fraud. Liability is also unlimited for specific types of loss such as intellectual property, tax and TUPE where Scottish Government has potential exposure to third party claims.

All other liability may be capped or limited on the basis of a fixed sum or a percentage of the overall contract value. The Model Terms do not include mandated levels of financial liability. It is for contracting authorities to determine, based on the risk profile of the project and taking into account the nature and extent of the risks involved in the services, the value of the contract and the amount of insurance cover available to each party, the appropriate levels of financial liability which should apply.

Question reference: S6W-05353

Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
Date lodged: Friday, 24 December 2021
Current Status: Answered by Ivan McKee on 17 January 2022

To ask the Scottish Government what levels of financial liability for compensation it builds into contracts for ICT services, and what its position is on whether such contracts should base the level of liability as a multiple of the total project cost rather than on an unlimited basis.

The Scottish Government does not have a blanket policy of applying unlimited liabilities in its ICT contracts and contractual liability may be unlimited, capped or excluded.

The Scottish Government Model Terms and Conditions for ICT Services Contracts (Model Terms) contain provisions relating to liability that are intended to be reasonable and proportionate and to strike the right balance in allocating risk and liability for all parties.

Liability is unlimited where it cannot be restricted as a matter of law, including for death or personal injury, or fraud. Liability is also unlimited for specific types of loss such as intellectual property, tax and TUPE where Scottish Government has potential exposure to third party claims.

All other liability may be capped or limited on the basis of a fixed sum or a percentage of the overall contract value. The Model Terms do not include mandated levels of financial liability. It is for contracting authorities to determine, based on the risk profile of the project and taking into account the nature and extent of the risks involved in the services, the value of the contract and the amount of insurance cover available to each party, the appropriate levels of financial liability which should apply.

Question reference: S6O-00539

Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 08 December 2021
Current Status: Taken in the Chamber on 15 December 2021

To ask the Scottish Government when it last met COSLA.

Question reference: S6W-04157

Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
Date lodged: Friday, 05 November 2021
Current Status: Answered by John Swinney on 15 November 2021

To ask the Scottish Government when it will appoint a judge to lead the public inquiry into the handling of COVID-19.

The Scottish Government will establish a Scottish public inquiry under the Inquiries Act 2005 by the end of this year, to scrutinise decisions taken in the course of this pandemic, and learn lessons for future pandemics.

Public discussion and engagement about a draft COVID-19 Inquiry Establishment Aims and Principles paper took place between 24th August and end of September. Analysis of the engagement is being used to help shape drafting of the terms of reference for the inquiry. A report covering public engagement on the inquiry will be published in due course.

Discussions are underway with the Lord President to identify a candidate to chair the inquiry, in line with our previous commitment to having it led by a judge.

A statement on the appointment of the chair and the terms of reference for the inquiry will be made to the Scottish Parliament in accordance with the requirements of the Inquiries Act 2005.

Question reference: S6W-04159

Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
Date lodged: Friday, 05 November 2021
Current Status: Answered by John Swinney on 15 November 2021

To ask the Scottish Government when it will publish the final aims and principles or brief for the public inquiry into the handling of COVID-19.

Question reference: S6W-04158

Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
Date lodged: Friday, 05 November 2021
Current Status: Answered by John Swinney on 15 November 2021

To ask the Scottish Government when it will publish a timeline for the public inquiry into the handling of COVID-19.

Question reference: S6W-03209

Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 21 September 2021
Current Status: Answered by Humza Yousaf on 15 November 2021

To ask the Scottish Government how many nurses have (a) joined and (b) left the NHS in each year since 2007.

The information requested on how many nurses have (a) joined and (b) left the NHS in each year since 2007 is not centrally available.

Information on how many Nursing & Midwifery staff have (a) joined and (b) left the NHS since 2011-12 can be found in the following table:

Nursing & Midwifery Staff Group - Joiners and Leavers by Financial year in Whole Time Equivalent (WTE)

Financial Year	Joiners	Leavers
2011-12	2,536.8	3,108.9
2012-13	3,677.7	3,173.7
2013-14	4,507.4	3,382.2
2014-15	4,870.5	3,774.5
2015-16	4,460.1	4,074.1
2016-17	4,913.2	4,293.0
2017-18	4,684.4	4,324.4
2018-19	4,611.5	4,133.3
2019-20	5,204.1	4,132.2
2020-21	6,862.1	3,647.2

Source: Scottish Workforce Information Standard System (SWISS)

Question reference: S6W-03210

Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 21 September 2021
Current Status: Answered by Humza Yousaf on 15 November 2021

To ask the Scottish Government how many clinical nurse specialists have been employed by the NHS in each year since 2007.

The information requested on how many clinical nurse specialists have been employed by the NHS in each year since 2007 is not centrally held.

Clinical nurse specialist data by NHS Board from 2009 to the most recent data, published September 2018, can be found at:

A national review into the Clinical Nurse Specialist role and definition is currently underway, NES will work with NHS Boards to cleanse their CNS data once this is complete.

Due to the data quality concerns mentioned above, we advise that all historical data, whilst published, should be treated with caution. NES will continue to work with SG and NHS Boards to ensure improved recording going forward.

Question reference: S6W-04023

Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 28 October 2021
Current Status: Answered by Kevin Stewart on 11 November 2021

To ask the Scottish Government, when developing the Interface Care and Discharge without Delay programmes, what assessment it made of the current delayed discharges situation for (a) physical and (b) mental healthcare.

The detrimental effects on physical and mental health and wellbeing are well known and documented. Reducing that harm, and ensuring that people receive the right care, in the right place, at the right time, is the key ethos behind the improvement programme. Data on the number of, and reason for delay, is collected monthly by Public Health Scotland and will be used, along with other data to measure progress and improvement.

Question reference: S6W-04024

Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 28 October 2021
Current Status: Answered by Kevin Stewart on 11 November 2021

To ask the Scottish Government whether the Interface Care and Discharge without Delay programmes will extend to mental health services.

The ideals and principles of the Interface Care and Discharge without Delay programs extends across all care groups, including Mental Health.

In addition to this work, in March 2021 we issued a £20 million Community Living Change Fund to be used during 2021–2024. This funding will be used to redesign services for people with complex needs including intellectual disabilities and autism, and for people who have enduring mental health problems, avoiding the need for out of area placements and reducing delayed discharges from hospital.

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