Questions and answers

Chamber and committees

Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for ��˿�� to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

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Question reference: S5W-29137

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 19 May 2020
Current Status: Answered by Humza Yousaf on 4 June 2020

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.

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 Scotland: hate has no home here’ consultation and ran 11 public awareness events throughout Scotland. A series of stakeholder engagement events and bilateral meetings were also undertaken.

The ‘One Scotland: hate has no home here’ consultation asked respondents if they agreed with Lord Bracadale’s recommendation that there should be a protection of freedom of expression provision for offences concerning the stirring up of hatred.

Altogether, there were 108 organisational responses to the consultation. This included responses from: Amnesty International UK; Humanist Society Scotland; Equality and Human Rights Commission; and many more third sector, faith, and public sector organisations.

Subsequently the Scottish Government contracted independent external analysts who undertook the analysis of the consultation responses and produced a report, published by the Scottish Government in June 2019. You can view the report – which includes a list of organisational respondents – here:

The responses to the consultation and public awareness events have yielded valuable information both from individual and organisational perspectives; helping to inform the development of the Bill.

Question reference: S5W-29139

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 19 May 2020
Current Status: Answered by Humza Yousaf on 4 June 2020

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

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 those typically associated with females.

The definition of ‘variations in sex characteristics’ includes people whose physical sex development is different from what is generally expected for males and females.

The phrase ‘physical and biological sex characteristics’ is not specifically defined in the Bill, meaning that the phrase takes its ordinary meaning in the context and would include genetic, chromosomal, gonadal, anatomical and hormonal characteristics.

Although ‘variations in sex characteristics’ is used in the Bill, the Scottish Government is aware that other terms are also in use, such as ‘intersex’ or ‘differences of sex development’. People with a variation will also have their own preferred language and might refer to their specific variation or diagnosis.

Question reference: S5O-04406

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 03 June 2020
Current Status: Taken in the Chamber on 11 June 2020

To ask the Scottish Government how many police officers have been tested for COVID-19.

Question reference: S5W-29143

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 18 May 2020
Current Status: Answered by Humza Yousaf on 3 June 2020

To ask the Scottish Government what its response is to reported criticism that its policy of closing local courts and moving business to hubs during the COVID-19 outbreak may actually increase the risk of spreading the virus.

Question reference: S5W-29136

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 18 May 2020
Current Status: Answered by Joe FitzPatrick on 28 May 2020

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

Question reference: S5W-29026

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 12 May 2020
Current Status: Answered by Humza Yousaf on 27 May 2020

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.

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 sheriffs regarding the sentencing of offenders. The Scottish courts are entirely independent of the Scottish Ministers and the Lord President is constitutionally and legally responsible for the efficient disposal of business within the courts and for the issuing of guidance to the judiciary.

Question reference: S5O-04362

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 20 May 2020
Current Status: Taken in the Chamber on 28 May 2020

To ask the Scottish Government what meetings it has had with Aberdeen City Council since the COVID-19 crisis began.

Question reference: S5W-28818

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 30 April 2020
Current Status: Answered by Humza Yousaf on 20 May 2020

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.

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 has been welcomed by the Scottish Police Federation.

The tests that are currently available are effective at identifying people who have COVID-19, but only when they are symptomatic. If someone is asymptomatic, then the tests cannot reliably detect infection prior to the onset of symptoms.

The testing of police officers and staff is important and they will continue to have priority access to testing for as long as is necessary.

Question reference: S5W-28833

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 04 May 2020
Current Status: Answered by Kate Forbes on 19 May 2020

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.

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 Small Business Grant, and/or the Retail, Hospitality, and Leisure Grant.

The grant support scheme available to businesses suffering hardship as a result of the COVID-19 pandemic reflects relief eligibility and property valuations in 2020-21 and no hypothetical analysis has been performed for other years.

Question reference: S5W-28500

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Friday, 17 April 2020
Current Status: Answered by Humza Yousaf on 18 May 2020

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.

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 2020 (“the Regulations”).

(a) However, I can advise you that the Lord Advocate has issued Guidelines to Police Scotland on the operation of the Fixed Penalty Notice Scheme under the Regulations. The Guidelines are published on the COPFS website.

Similarly, it is for the Chief Constable to determine the operational approach that police officers should take in exercising the new enforcement powers under the Regulations and to develop the operational guidance that he considers relevant and appropriate in the circumstances.

(b) Again, I can advise you that Police Scotland have produced operational guidance on the proportionate application of the enforcement powers under the Regulations for dissemination to officers, including proactive communications and social media highlighting that, even in these exceptional times, their approach to policing will remain governed by consent, with “soft enforcement” as the default setting. This guidance also sets out the four step operational strategy of Engage; Explain; Encourage; and Enforce. Enforcement is only used as a last resort.