Questions and answers

Question reference: S6W-02714

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Tuesday, 07 September 2021
Current Status: Answered by Maree Todd on 21 September 2021

To ask the Scottish Government when it last met the UK Government to discuss the devolution of health and safety legislation.

There has been no discussion on the devolution of health and safety legislation to the Scottish Government since the subject was addressed by the Smith Commission which suggested the parties involved : “…review the functions and operations of the Health and Safety Executive in Scotland and consider how the future requirements to best serve the people of Scotland could be delivered operationally whilst remaining within a reserved health and safety legislative framework”

This joint-review by the UK Government, Scottish Government, and Local Authorities was published in August 2015 by the Department for Work and Pensions.

The Scottish Government continues to represent and advocate for Scottish interests in this area, and uses its devolved healthcare powers to provide support to individuals and to inform organisations of their responsibilities towards their employees through its existing Health and Work Strategy .

There is ongoing liaison work with the Health and Safety Executive, Department for Work and Pensions, and relevant groups within Scotland such as the Scottish Trades Union Congress in order for the Scottish Government to positively impact the delivery of reserved legislation and best represent the needs of its people.

Question reference: S6W-02712

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Tuesday, 07 September 2021
Current Status: Answered by Keith Brown on 16 September 2021

To ask the Scottish Government what assessment has been carried out of legislative competence regarding corporate homicide and how this interacts with the Health and Safety etc. Act 1974.

The existing law in this area operates within reserved legislation such as the Corporate Manslaughter and Corporate Homicide Act 2007 and the Health and Safety etc. Act 1974.

A Members’ Bill was introduced by Claire Baker MSP (entitled the Culpable Homicide (Scotland) Bill) in June 2020 and the Presiding Officer indicated the provisions of the Bill as introduced were not within the competence of the Scottish Parliament.

Our view is that any consideration of reform of culpable homicide as it applies to organisations should only be considered once the Scottish Law Commission’s wider review of Homicide Law is completed in 2023.

Question reference: S6W-02713

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Tuesday, 07 September 2021
Current Status: Answered by Keith Brown on 16 September 2021

To ask the Scottish Government what plans it has to introduce legislation regarding corporate homicide.

The most recent legislative proposals introduced to the Scottish Parliament relating to corporate homicide was certified by the Presiding Officer as not being within the competence of the Scottish Parliament.

Our view is that any consideration of reform of culpable homicide as it applies to organisations should only be considered once the Scottish Law Commission’s wider review of Homicide Law is completed in 2023.

Question reference: S6O-00168

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Wednesday, 15 September 2021
Current Status: Taken in the Chamber on 22 September 2021

To ask the Scottish Government what actions it is taking to measure the progress of its COVID-19 recovery policies.

Question reference: S6W-02716

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Tuesday, 07 September 2021
Current Status: Answered by Clare Haughey on 14 September 2021

To ask the Scottish Government what support and resources are being made available to local authorities to help them adapt their services in line with the British Sign Language (Scotland) Act 2015.

Local authorities received funding amounting to £21,000 per authority over 4 years from 2018 to 2021, as part of the Local Government Finance Resettlement, to facilitate on-going dialogue with their local BSL-using community to support the creation of their first-ever Authority BSL Plans.

The British Deaf Association are funded through the Equality and Human Rights Fund to support local authorities to develop and monitor their Authority BSL plans, and to engage with their local BSL-using community.

Question reference: S6W-02715

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Tuesday, 07 September 2021
Current Status: Answered by Clare Haughey on 14 September 2021

To ask the Scottish Government what progress is being made towards implementing the British Sign Language (BSL) National Plan.

Question reference: S6W-02322

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Wednesday, 18 August 2021
Current Status: Answered by Maree Todd on 8 September 2021

To ask the Scottish Government what consideration it has given to providing advice on the maximum recommended dose of vitamin D supplement according to age and weight.

Our current advice is based on the recommendations of the Scientific Advisory Committee on Nutrition (SACN), as set out in its 2016 report Vitamin D and Health. SACN advises all devolved nations and UK Government on nutrition related matters.

Factors such as age and sex are considered by SACN when developing dietary recommendations, alongside additional requirements for pregnancy and lactation or differences by ethnic group or body weight.

The SACN report is available at: https://www.gov.uk/government/publications/sacn-vitamin-d-and-health-report

Taking too many vitamin D supplements over a long period of time can cause excess calcium to build up in the body, and this can weaken bones and damage the kidneys and the heart. Our advice is that:

adults and children over 11 should avoid daily high dose vitamin D supplements containing more than 100 micrograms (4000 IU)
children aged 1 to 10 years should avoid supplements with more than 50 micrograms (2000 IU)
infants under 12 months should have no more than 25 micrograms a day (1000 IU).

Some people have certain medical conditions which mean they may not be able to safely take as much. They should seek advice from their clinician if they have any doubts. If a clinician has advised someone to take a different amount of vitamin D, they should follow their advice.

No specific recommendations on maximum dosages have been made by SACN based on weight.

Our advice is available at: https://www.gov.scot/publications/vitamin-d-advice-for-all-age-groups/

We will continue to be guided by SACN and will review our advice as necessary based on their recommendations.

Question reference: S6W-02132

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Tuesday, 10 August 2021
Current Status: Answered by Ash Denham on 2 September 2021

To ask the Scottish Government when it last met Water Safety Scotland, and what action it is taking to support Scotland's Drowning Prevention Strategy.

I last met with Water Safety Scotland representatives on 11 August 2021 during a meeting that I chaired with a range of key stakeholders on water safety. My officials are regularly in discussion with Water Safety Scotland representatives and their partners as part of our Building Safer Communities work.

The Scottish Government takes the issue of water safety very seriously. We work closely with Water Safety Scotland (WSS) and other partners, including local councils, police and SFRS to implement and support initiatives that can help raise awareness of the hazards around water and reduce deaths from accidental drowning.

The Scottish Government also provides annual grant funding to the Royal Society for the Prevention of Accidents to deliver its annual home and water safety programme, which includes providing a secretariat to Water Safety Scotland.

Question reference: S6O-00121

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Wednesday, 01 September 2021
Current Status: Taken in the Chamber on 9 September 2021

To ask the Scottish Government what work it has done to assess how many Afghan refugees can be housed across all local authority areas.

Question reference: S6W-02042

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Monday, 02 August 2021
Current Status: Answered by Graeme Dey on 27 August 2021

To ask the Scottish Government whether it has requested reports from (a) CalMac Ferries and (b) Seatruck Ferries regarding the breakdown of the MV Arrow on the Ullapool-Stornoway freight route on the weekend of 24-25 July 2021.

The operation of the MV Arrow on the Ullapool – Stornoway route is primarily a consideration for operator under the terms of the Time Charter. The Scottish Government has not requested detailed reports regarding the breakdown of the MV Arrow from either CalMac Ferries Ltd or Seatruck Ferries Ltd but was made aware of the situation as it developed.

The MV Arrow was removed from service on 24 July 2021 due to a fishing net or rope having been caught around the port propeller hub causing damage which required repair. The MV Arrow resumed the Ullapool – Stornoway freight only service on the evening of 3 August 2021.

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