Questions and answers

Question reference: S5W-25888

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2019
Current Status: Answered by Kevin Stewart on 1 November 2019

To ask the Scottish Government what specific financial support is offered to older people to offset any rise in the cost of (a) heating expenses during winter and (b) council tax.

Warmer Homes Scotland is the Scottish Government’s national scheme to help households living in, or most at risk of, fuel poverty. It provides insulation and renewable heating systems to qualifying households. People who are of pension age, have no working heating system and who are in receipt of a qualifying benefit can receive assistance. Those over the age of 75 need only be in receipt of a qualifying benefit.

More than 175,000 people aged over 65 (37% of all recipients) currently receive support through the Council Tax Reduction (CTR) scheme. CTR provides up to 100% reduction of a household’s council tax liability depending on their circumstances, income and savings.

Question reference: S5O-03728

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 30 October 2019
Current Status: Taken in the Chamber on 7 November 2019

To ask the Scottish Government whether it will provide an update on its plans to replace HMP Barlinnie.

Question reference: S5O-03691

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 23 October 2019
Current Status: Taken in the Chamber on 31 October 2019

To ask the Scottish Government what steps Social Security Scotland has taken to mitigate the risk of fraud.

Question reference: S5W-25477

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 25 September 2019
Current Status: Answered by Humza Yousaf on 9 October 2019

To ask the Scottish Government, further to the answer to question S5W-25103 by Humza Yousaf on 19 September 2019, whether the calculation that £9.5 million a year more has been invested in Criminal Justice Social Work since 2015-16 is based on cash or real terms.

Question reference: S5W-25476

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 25 September 2019
Current Status: Answered by James Wolffe QC on 8 October 2019

To ask the Scottish Government, further to the answer to question S5W-24721 by Humza Yousaf on 6 September 2019, whether the Lord Advocate in his role as head of the Crown Office and Procurator Fiscal Service will rule out implementing restorative justice as an alternative to prosecution, allowing it to run only in parallel with existing criminal justice processes.

The decision to divert a case from prosecution is properly a matter professional prosecutors within the Crown Office and Procurator Fiscal Service (COPFS). Diversion from prosecution is a process by which a prosecutor may refer a case to social work or other relevant agencies as a means of addressing the underlying causes of alleged offending when this is deemed the most appropriate course of action by the prosecutor, applying the Scottish Prosecution Code.

Diversion from prosecution will be considered in any case where the individual reported to COPFS has an identifiable need and where it is assessed that diversion from prosecution is in the public interest. There must be a sufficiency of evidence before COPFS can refer an individual for diversion from prosecution. The relevant agency may in appropriate cases devise a diversion programme for an individual which includes a restorative justice element.

Restorative justice has been a feature of diversion in Scotland for a number of years. Restorative justice projects are recognised by COPFS as one of the suite of diversion options. Restorative justice projects can offer a valuable mechanism to provide victims of crime with meaningful participation in the criminal justice system and closure and it can be welcomed by both victims and perpetrators, in appropriate cases.

COPFS are currently engaged with the Scottish Government in the development of the ‘Restorative Justice Action Plan’. The Action Plan makes it clear, in line with the Scottish Government Guidance for the delivery of restorative justice that, “ risk assessments must be carried out throughout the RJ process and will take full cognisance of the role of the Crown Office and Procurator Fiscal Service (COPFS) as the independent public prosecution service for Scotland. In that respect, RJ will not impinge on any ongoing criminal proceedings. Decisions relating to the prosecution or diversion of a case from prosecution are matters solely for COPFS”.

Question reference: S5W-25469

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 24 September 2019
Current Status: Answered by Michael Matheson on 1 October 2019

To ask the Scottish Government, further to the answer to question S5W-25045 by Michael Matheson on 23 September 2019, by what date it will bring forward the relevant statutory procedures for the improvement scheme.

Question reference: S5W-25267

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 11 September 2019
Current Status: Answered by Humza Yousaf on 27 September 2019

To ask the Scottish Government for what reason the Scottish Prison Service has not published its annual report and accounts for 2018-19, and by what date it will do so.

Question reference: S5W-24835

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 28 August 2019
Current Status: Answered by Humza Yousaf on 26 September 2019

To ask the Scottish Government what its response is to comments by Sheriff Peter Paterson who claims that its official guidance against short-term sentences limited his options and ruled out a jail term for the gamekeeper, Alan Wilson.

Sentencing in every case is a matter for the independent court, which has a wide range of sentencing options to impose, depending on the particular facts and circumstances presented.

The presumption against short sentences of 12 months or less is exactly that - a presumption. It is not a ban and sheriffs and judges retain the discretion to pass the most appropriate sentence, including a custodial sentence of under 12 months, if no other method of dealing with the person is considered appropriate.

The provisions in the Presumption Against Short Periods of Imprisonment (Scotland) Order 2019 apply to offences committed on or after 4 July 2019.

Question reference: S5O-03601

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 25 September 2019
Current Status: Taken in the Chamber on 2 October 2019

To ask the Scottish Government what criteria it is using to determine where the £160 million of convergence funding is allocated.

Question reference: S5W-24981

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 28 August 2019
Current Status: Answered by Graeme Dey on 25 September 2019

To ask the Scottish Government how many visits to (a) Dundee and (b) Aberdeen on ministerial business have been made by the First Minister since 6 May 2016.

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