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In line with the definition of gender identity in the answer to S5W-29943 on 7 July 2020, someone who has a gender identity that is different from their sex at birth may include someone whose perception of their own gender does not correspond with their sex at birth, such as a trans man, a trans woman, or a non-binary person.

Someone who does not have a gender identity different from their sex at birth may include someone whose perception of their own gender corresponds with their sex at birth, such as a non-trans person.

All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at: 

The phrases ‘non-binary person’ and ‘person who cross-dresses’ are not specifically defined in the Bill because it is not considered necessary for those phrases to be given any special definitions for the purposes of the Bill.

There is already a statutory aggravation where an offence is aggravated by prejudice relating to transgender identity. This is in the Offences (Aggravation by Prejudice) (Scotland) Act 2009, which is to be repealed by the Bill. In that 2009 Act, there is a definition of transgender identity which includes the terms ‘transsexualism’ and ‘transvestitism’. Those terms are not used in the Bill because the Bill seeks to use more modern language. The term ‘person who cross-dresses’ is used in the Bill to ensure that the protection provided by the word ‘transvestitism’ is not lost.

The term ‘non-binary people’ is also used as modern language referring to a group currently protected by the definition in the 2009 Act. The definition of transgender identity in the 2009 Act includes ‘any other gender identity that is not standard male or female gender identity’.

Information is not held centrally on the number of meetings between justice social workers and people who have committed offences during the COVID-19 lockdown.

There is regular engagement between the Scottish Government and Social Work Scotland to monitor the impact of COVID-19 on justice social work and the delivery of community orders, and to discuss any issues or concerns arising. Guidance was issued to Chief Social Work Officers in each local authority area on 20 March to encourage local areas to prioritise cases based on risk of harm and to move to phone contact if and when appropriate.

While data is not collected by the Scottish Government on individual meetings, we are aware that individuals on supervision by justice social work are being seen face-to-face in offices and on home visits where this is assessed as necessary and proportionate based on risk. Most contact continues to be via telephone or video call. Prison-based social work continues to operate, prioritising statutory work, with some teams able to operate within prisons and some remotely.

Further guidance was issued to Chief Social Work Officers on 18 June 2020 to provide an update on priorities and expectations as restrictions begin to ease.

As is the case in the wider community, new prisoners displaying symptoms of COVID-19 can be tested to know whether or not they have the virus. Only those individuals who have had close contact with a confirmed case are isolated for 14 days.

Operational measures taken by prison and health staff have been effective in reducing the spread of COVID-19 across the prison estate. As of 8 June, there were no confirmed cases in Scottish prisons.

On 30 April, we launched £100m of additional grant funding for business. This funding is divided across 3 business support funds, offering targeted support to the creative, tourism and hospitality sector, pivotal SMEs vital to their local economies, and the newly self-employed. This is support that is not available elsewhere in the UK.

As of 2 June, we had awarded over £104m and we had topped up the grant funding to £185m.

As regards the Newly Self Employed Hardship Fund, awards totalling £8.32m have been issued to 4160 self-employed people by 2 June.

We are looking to publish an update summarising funding returns from all the Local Authorities on the Newly Self-Employed Hardship Fund later this month. This will detail the number of applicants, successful applications and the amount awarded by Local Authority area.

The law on arrest and police custody was substantially reformed by the Criminal Justice (Scotland) Act 2016 to provide a modern framework, consistent with the requirements of Article 5 of the European Convention on Human Rights. Section 14 of that Act sets out the statutory test which must be applied by Police Scotland when deciding, in each individual case, whether or not an accused person can be detained in custody.

A proposal that all persons arrested for coughing or spitting on police officers during the COVID-19 pandemic should be automatically detained would not be consistent with this statutory framework.

The Lord Advocate’s Guidelines on the Liberation of Accused persons in the context of COVID-19 enable and support the detention of accused persons in appropriate cases, consistent with the legal framework which applies

The Crown Office and Procurator Fiscal Service will take action to protect public safety, and the safety of essential front-line workers. Any person who deliberately endangers life, or spreads fear and alarm by pretending to do so, will be dealt with robustly. COPFS is working closely with the Police Service of Scotland to ensure the continued effective investigation and prosecution of crime, with a firm focus on public safety.

On 30 April, we launched £100m of additional grant funding for business. This funding is divided across 3 business support funds, offering targeted support to the creative, tourism and hospitality sector, pivotal SMEs vital to their local economies, and the newly self-employed. This is support that is not available elsewhere in the UK.

As of 2 June, we had awarded over £104m and we had topped up the grant funding to £185m.

The Newly Self Employed Hardship Fund is a one off £2,000 payment to successful applicants.

As regards the Newly Self Employed Hardship Fund, awards totalling £8.32m have been issued to 4160 self-employed people by 2 June.

We are looking to publish an update summarising funding returns from all the Local Authorities on the Newly Self-Employed Hardship Fund later this month. This will detail the number of applicants, successful applications and the amount awarded by Local Authority area.

(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 Scotland (NRS) publish weekly statistics on deaths registered in Scotland where COVID-19 is mentioned on the death certificate. Figures from 30 March 2020 to7 June 2020 suggest there were 56 deaths in Aberdeenshire where the usual place of residence was a care home.

(b) There are 56 care homes for adults in Abderdeen City Health and Social Care Partnership. Between 14 March 2020 and 10 June 2020, 50% of care homes in Aberdeen City notified the Care Inspectorate of at least one case of suspected Covid-19.

National Records of Scotland (NRS) publish weekly statistics on deaths registered in Scotland where COVID-19 is mentioned on the death certificate. Figures from 6 April 2020 up to 7 June 2020 suggest there were 56 deaths in Aberdeen City where the usual place of residence was a care home.

Through the Pivotal Enterprise Resilience Fund (PERF), we are providing support unavailable elsewhere in the UK. Due to significant demand, we doubled the Fund to £90m and have since further increased it to £120m. The fund has now closed.

Each enterprise agency administers the fund in its respective area. The performance data are compiled by Scottish Enterprise on behalf of all three agencies, consulting and working together with Creative Scotland and Visit Scotland. As applications are still being processed the fund’s performance data are incomplete. I have asked the Chief Executive of Scottish Enterprise to write to you this month as soon as the data you have requested can be reported.

Once all applications have been appraised and funding distributed, the intention is to publish information relating to the demand for PERF and our other business support funds, including volume and value of applications.

As of 2nd June, our targeted support funds to the creative, tourism and hospitality sector, along with support to SMEs who are vulnerable but vital to their local economies, and the newly self-employed have resulted in awards totalling £104m; that is grant offers to over 2500 businesses and 4160 self-employed people to date.

Through the Pivotal Enterprise Resilience Fund (PERF), we are providing support unavailable elsewhere in the UK. Due to significant demand, we doubled the Fund to £90m and have since further increased it to £120m. The fund has now closed.

Each enterprise agency administers the fund in its respective area. The performance data are compiled by Scottish Enterprise on behalf of all three agencies, consulting and working together with Creative Scotland and Visit Scotland. As applications are still being processed the fund’s performance data are incomplete. I have asked the Chief Executive of Scottish Enterprise to write to you this month as soon as the data you have requested can be reported.

Once all applications have been appraised and funding distributed, the intention is to publish information relating to the demand for PERF and our other business support funds, including volume and value of applications.