Questions and answers

Question reference: S6W-31479

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 19 November 2024
Current Status: Answered by Jim Fairlie on 28 November 2024

To ask the Scottish Government how many businesses received correspondence requesting corrections to underpayments identified as part of (a) control test inspections and (b) inspections as a result of a complaint from employees, in each of the last five years.

Number of businesses which have received correspondence requesting corrections to underpayments as part of (a) control test inspections and (b) inspections as a result of a complaint from employees, in each of the last five years:

	(a) CTIs	(b) Complaints
2020	1	8
2021	1	0
2022	2	12
2023	7	21
2024	17	20

Number of inspections and complaint cases processed significantly impacted throughout 2020 and 2021 due to Covid 19 pandemic.

Question reference: S6O-04075

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 27 November 2024
Current Status: Taken in the Chamber on 5 December 2024

To ask the Scottish Government what steps it is taking to maintain and grow supported businesses.

Question reference: S6O-04055

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Thursday, 21 November 2024
Current Status: Taken in the Chamber on 28 November 2024

To ask the Scottish Parliamentary Corporate Body whether it will provide an update on the training of ��˿�� and staff on duties under the Public Interest Disclosure Act 1998.

Question reference: S6W-30797

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 22 October 2024
Current Status: Answered by Jenny Gilruth on 19 November 2024

To ask the Scottish Government, further to the answer to question S6W-26654 by Jenny Gilruth on 10 May 2024, whether it has any plans to seek to amend section 42(4) of the Education (Scotland) Act 1980 to alter the statutory walking distances of (a) two miles for children aged under eight and (b) three miles for children aged eight or over.

As part of their statutory responsibilities in relation to home to school transport local authorities are also required by the Education (Scotland) Act 1980 to have regard to the safety of pupils.

Where local authorities conclude a route used by pupils to walk to school is unsafe transport should be provided even though the distance falls short of their normal distance criteria. Existing guidance sets out that Ministers expect local authorities to keep their criteria for providing school transport under review and be flexible enough to take into account factors, relative to the nature of the route, which might affect pupil safety.

The Cabinet Secretary for Transport, the Minister for Agriculture and Connectivity and I have commissioned an update to the Scottish Government’s school transport guidance for local authorities to provide further clarity on our expectations in relation to safety.

The statutory minimum walking distances set out in legislation are a long-standing feature of our education system and there are no plans to change them. The Scottish Government published guidance for local authorities regarding home to school transport in 2021.

Question reference: S6W-30796

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 22 October 2024
Current Status: Answered by Jenny Gilruth on 15 November 2024

To ask the Scottish Government whether it will consider seeking to amend section 51 of the Education (Scotland) Act 1980 to ensure that the assessment of the safety of safe walking routes to school is undertaken by an independent body.

As part of their statutory responsibilities in relation to home to school transport local authorities are also required by the Education (Scotland) Act 1980 to have regard to the safety of pupils.

Where local authorities conclude a route used by pupils to walk to school is unsafe transport should be provided even though the distance falls short of their normal distance criteria. Existing guidance sets out that Ministers expect local authorities to keep their criteria for providing school transport under review and be flexible enough to take into account factors, relative to the nature of the route, which might affect pupil safety.

The Cabinet Secretary for Transport, the Minister for Agriculture and Connectivity and I have commissioned an update to the Scottish Government’s school transport guidance for local authorities to provide further clarity on our expectations in relation to safety.

The statutory minimum walking distances set out in legislation are a long-standing feature of our education system and there are no plans to change them. The Scottish Government published guidance for local authorities regarding home to school transport in 2021.

Question reference: S6O-03985

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 13 November 2024
Current Status: Taken in the Chamber on 20 November 2024

To ask the Scottish Government whether local authorities will receive a fair budget settlement.

Question reference: S6W-30997

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Thursday, 31 October 2024
Current Status: Answered by Jim Fairlie on 13 November 2024

To ask the Scottish Government how many enforcement notices have been issued by the Agricultural Wages Enforcement Team in each of the last five years.

Total number of Enforcement Notices issued by the Agricultural Wages Enforcement Team in each of the last 5 years:

2020: 16

2021: 0

2022: 3

2023: 8

2024: 13

Enforcement Notices (ENs) are issued as a result of non-compliance with AWET correspondence. If an underpayment has been identified as a result of a wages inspection or complaint, ENs are used if an Employer fails to fulfil a request for payment. These act as the end of deliberation between the Employer and AWET, and now form a legal requirement for the Employer to provide reimbursement to an Employee.

Any further objection to the contents of an EN may now only be challenged via Employment Tribunal or an agreed settlement.

Question reference: S6W-30996

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Thursday, 31 October 2024
Current Status: Answered by Jim Fairlie on 13 November 2024

To ask the Scottish Government what translation and interpretation support is provided to agricultural wages inspectors when they make visits to workplaces.

Question reference: S6W-30991

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Thursday, 31 October 2024
Current Status: Answered by Jim Fairlie on 13 November 2024

To ask the Scottish Government how many (a) employers and (b) workplaces are monitored by the Agricultural Wages Enforcement Team.

All agricultural businesses that have employees are required to comply with the Agricultural Wages (Scotland) Order (AWO). The monitoring of compliance with the AWO takes the form of Control Test Inspection (CTIs). Each year, a selection of 120 businesses, encompassing employers and workplaces, are randomly selected from the information taken from the June Scottish Agricultural Census. In 2024, circa 8200 businesses were deemed to have employees covered by the AWO. In addition to CTIs, the Agricultural Wages Enforcement Team will investigate all businesses where employees have raised complaints.

Question reference: S6W-30995

Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
Date lodged: Thursday, 31 October 2024
Current Status: Answered by Jim Fairlie on 13 November 2024

To ask the Scottish Government how many agricultural wages inspectors are (a) directly employed by it and (b) independent contractors.

There are currently 21 Scottish Government employees working as Agricultural Wage Inspectors. This role is conducted by Agricultural Officers who work for Rural Payments & Inspections Division and are responsible for other statutory functions in addition to agricultural wages inspections.

No independent contractors conduct the role of Agricultural Wages Inspector on behalf of the Scottish Government.

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Chamber and committees