Questions and answers

Question reference: S6F-03340

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Monday, 09 September 2024
Current Status: Taken in the Chamber on 12 September 2024

To ask the First Minister what the Scottish Government's response is to recent reports regarding Police Scotland’s policy on gender self-identification for individuals charged with or convicted of serious sexual assaults.

Question reference: S6W-29378

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 28 August 2024
Current Status: Answered by Neil Gray on 9 September 2024

To ask the Scottish Government whether it expects NHS Borders to make any further reductions or savings once the NHS board returns a financial balance to repay accumulated brokerage.

NHS Scotland is facing an unprecedented financial challenge, but all NHS Boards continue to have a statutory responsibility to reach a break-even financial position.

NHS Borders delivered a deficit outturn in 2023-24 and continue to manage financial pressures in 2024-25. Scottish Government are working with NHS Borders to create a credible and realistic path to balance and, once that path balance has been achieved, the Board would start to repay outstanding brokerage.

Question reference: S6W-29376

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 28 August 2024
Current Status: Answered by Neil Gray on 9 September 2024

To ask the Scottish Government what discussions it has had with NHS Borders regarding the repayment of total brokerage accumulated once the NHS board returns to financial balance.

NHS Borders are at Level 3 of the NHS Support and Intervention Escalation Framework and the Board continue to receive tailored support from Scottish Government

Under the terms of this tailored support, the Scottish Government Financial Delivery Unit maintain frequent contact with NHS Borders Executives regarding its financial position. At present, these conversations are focussed on securing a credible path to balance and, once this has been established and on course to be achieved, conversations will commence on brokerage repayment.

Question reference: S6W-29375

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 28 August 2024
Current Status: Answered by Neil Gray on 9 September 2024

To ask the Scottish Government what action has been taken through its performance escalation framework in relation to "financial sustainability" at NHS Borders.

NHS Borders are at Level 3 of the NHS Support and Intervention Framework and the Board continue to receive tailored support from Scottish Government. Support includes, a dedicated Finance Support Lead, advice on savings delivery in pursuit of 3% recurring savings against baseline budget, resource from the Finance Delivery Unit to improve capacity in the finance team including financial analysis, reporting tools, and stakeholder management, and non-recurring funding to bolster the Board’s finance team. The FDU have also attended Executive Board meetings to challenge the financial position and support path to balance.

Question reference: S6W-29377

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 28 August 2024
Current Status: Answered by Neil Gray on 9 September 2024

To ask the Scottish Government how much brokerage it expects NHS Borders to owe before it returns a financial balance.

NHS Borders are escalated to Level 3 of the NHS Support and Intervention Framework for finance. To date NHS Borders have £20m outstanding brokerage from years 2019-20 to 2022-23.

Scottish Government continue to work with NHS Borders to create a credible and realistic path to balance. This is an ongoing exercise due to ongoing pay negotiations, high inflation and increased demand for services, but the Board will be expected to repay all outstanding brokerage when it has reached financial sustainability.

Question reference: S6O-03715

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 04 September 2024
Current Status: Taken in the Chamber on 12 September 2024

To ask the Scottish Government whether it plans to strengthen its Fair Work First Guidance to support and promote the good practice example, referenced in the guidance, of providing a private, healthy and safe environment for breastfeeding mothers to express and store milk.

Question reference: S6W-29099

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 14 August 2024
Current Status: Answered by Jenni Minto on 3 September 2024

To ask the Scottish Government what requirements exist to ensure that public sector buildings are equipped to support mothers who breastfeed at work.

Question reference: S6W-29098

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 14 August 2024
Current Status: Answered by Jenni Minto on 3 September 2024

To ask the Scottish Government what support is in place for mothers who wish to breastfeed at work.

Regulations, such as The Equality Act 2010, make it unlawful to discriminate against a breastfeeding mother in the workplace.

The Scottish Government encourages employers to adopt a breastfeeding and return to work policy such as the NHS Workforce Breastfeeding Policy. Our Fair Work First Guidance, provides good practice examples to guide employers and, importantly, explains the benefits of fair work for workers. Good practice examples for supporting women at work include providing safe spaces for breastfeeding mothers to express milk at work.

Parent Club, our national on-line parenting platform, provides practical advice and information on rights for breastfeeding mothers on returning to work.

Question reference: S6W-29096

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 14 August 2024
Current Status: Answered by Jim Fairlie on 27 August 2024

To ask the Scottish Government whether it plans to review the law in relation to the protection and management of seagulls.

The Scottish Government has no plans to review the law in relation to the protection and management of gulls.

NatureScot has responsibility for the issuing of licences under Section 16(1) of the Wildlife and Countryside Act 1981, which permits the killing and taking of wild birds, including gulls, for specified reasons. These reasons include the preservation public health and safety, the prevention of bird strikes on aircraft at airports, and the prevention of serious damage to farmer's crops and livestock.

The Scottish Government has asked NatureScot to undertake a review of its species licensing functions. Further details about this review can be found on NatureScot’s website: Species Licensing Review - Terms of Reference | NatureScot

Question reference: S6W-29097

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 14 August 2024
Current Status: Answered by Jim Fairlie on 27 August 2024

To ask the Scottish Government whether it has assessed how effective current legislation is regarding the management of seagulls in relation to any public health and safety concerns.

The Scottish Government has not formally assessed how effective current legislation is regarding the management of gulls in relation to any public health and safety concerns.

In previous years, NatureScot have seen a large number of applications submitted for gull management for public nuisance issues which is not a licensable purpose under Section 16(1) of the Wildlife and Countryside Act 1981. In response, NatureScot provided guidance this year on the differences between gull behaviours which result in impacts on public health and safety and that which is considered to be nuisance behaviour. They also provided further advice in relation to alternatives to licenced control. A copy of the guidance is available on NatureScot’s website: Species Licensing Review - Terms of Reference | NatureScot

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