Tag: Holyrood

UK Bill of Rights condemned

‘Freedom of speech and the views of elected lawmakers will be given greater weight in law’ under a Bill of Rights introduced to the Westminster Parliament yesterday. The Bill has been condemned by the Scottish Government, who say the proposals are ‘shocking and unnecessary’.

  • Freedom of speech to be given greater weight in law
  • New permission stage in court to prevent trivial legal claims wasting taxpayers’ money
  • Allows future laws to make it harder for foreign criminals to frustrate deportation process

The Bill will ensure courts cannot interpret laws in ways that were never intended by Parliament and will empower people to express their views freely.

At the same time, it will help prevent trivial human rights claims from wasting judges’ time and taxpayer money. A permission stage in court will be introduced requiring people to show they have suffered a significant disadvantage before their claim can go ahead.

The Bill will also reinforce in law the principle that responsibilities to society are as important as personal rights. It will do this by ensuring courts consider a claimant’s relevant conduct, like a prisoner’s violent or criminal behaviour, when awarding damages.

The Bill will make clear that the UK Supreme Court is the ultimate judicial decision-maker on human rights issues and that the case law of the European Court of Human Rights does not always need to be followed by UK courts.

Deputy Prime Minister, Lord Chancellor and Secretary of State for Justice, Dominic Raab said: “The Bill of Rights will strengthen our UK tradition of freedom whilst injecting a healthy dose of common sense into the system.

“These reforms will reinforce freedom of speech, enable us to deport more foreign offenders and better protect the public from dangerous criminals.”

The Bill of Rights will make it easier to deport foreign criminals by allowing future laws to restrict the circumstances in which their right to family life would trump public safety and the need to remove them.

It will mean that under future immigration laws, to evade removal a foreign criminal would have to prove that a child or dependent would come to overwhelming, unavoidable harm if they were deported.

As a result, any new laws will curb the abuse of the system that has seen those convicted of hurting their own partners and children evade removal by claiming it would breach their right to family life in the UK.

The Bill of Rights will also:

  • Boost freedom of the press and freedom of expression by introducing a stronger test for courts to consider before they can order journalists to disclose their sources.
  • Prevent courts from placing new costly obligations on public authorities to actively protect someone’s human rights and limit the circumstances in which current obligations apply, for example, police forces having to notify gang members of threats towards them from other gangs.
  • Insulate the Government’s plans to increase the use of prison Separation Centres against legal challenge from extremist offenders claiming ‘a right to socialise’.
  • Recognise that trial by jury is a fundamental component of fair trials in the UK.
  • Prevent human rights from being used as a way to bring claims on overseas military operations once alternative options are provided by upcoming legislation.
  • Confirm that interim measures from the European Court of Human Rights under Rule 39, such as the one issued last week which prevented the removal flight to Rwanda, are not binding on UK courts.

This will be achieved while retaining the UK’s fundamental commitment to the European Convention on Human Rights.

UK BILL OF RIGHTS CONDEMNED

Call for Scottish Parliament to be consulted

Proposals to repeal the Human Rights Act are a “shocking and unnecessary” attempt to remove safeguards afforded to every member of society, Equalities Minister Christina McKelvie has said.

Putting on record the Scottish Government’s unequivocal opposition to the UK Government’s Bill of Rights, published today, Ms McKelvie stressed that the Scottish Parliament would have to agree to any changes affecting the devolution settlement.

Ms McKelvie said: “This shocking and unnecessary legislation seeks to put UK Ministers above some of the most fundamental checks and balances that underpin our democracy.

“The fact remains that we do not need a new Bill of Rights. The Human Rights Act is one of the most important laws passed by the UK Parliament. For more than 20 years it has delivered fairness and justice – protecting our rights to privacy and liberty, freedom of expression and peaceful protest. It has prevented discrimination, inhumanity and the abuse of power.

“The UK Government’s Rwanda policy has been challenged in the European Court of Human Rights. This legislation appears to be part of its response – an attempt to remove safeguards protecting every member of our society.

“As a founding signatory of the European Convention on Human Rights, the UK Government should be championing international human rights standards and the rule of law. Instead its Ministers appear intent on damaging the UK’s global reputation.

“I would urge them to stop this act of vandalism which will have an impact on public bodies that must adhere to it. The UK Government must also remain fully committed to the European Convention on Human Rights and to membership of the Council of Europe.

“The Human Rights Act is built into the heart of the devolution settlement, and any legislation that breaches the Act has no force in law. Let me make clear that it would therefore be wholly unacceptable to make changes affecting Scotland without the explicit agreement of the Scottish Parliament.

“I am proud that the Scottish Government is treading a different path, showing human rights leadership by protecting and enhancing our rights and freedoms, with plans for future Scottish legislation to extend devolved human rights safeguards even further.”

In March the Scottish and Welsh Governments issued a joint statement on Human Rights Act reform.

Last year’s Independent Human Rights Act Review, set up by the UK Government, concluded that there was no case for radical changes to the Act.

Miners’ Strike Pardon Bill passed – but no compensation

Scotland has become the first of the home nations to pardon former miners convicted of certain offences related to strike action in the 1980s.

The historic legislation passed by MSPs ensures a collective and automatic pardon for miners involved in strike action which extends to members of a miner’s household and other close family members who may also have been convicted.

The legislation was recommended by an independent review, led by John Scott QC, into the impact of policing on Scottish communities during the industrial dispute.

Cabinet Secretary for Justice and Veterans Keith Brown described the legislation as ‘ground-breaking’ and said the UK Government should now give consideration to a UK-wide public inquiry into the strike and compensating former miners.

He said: “The miners’ strike was one of the most bitter and divisive industrial disputes in living memory. This landmark moment will go some way to aid reconciliation – and to help heal wounds within Scotland’s mining communities.

“This ground-breaking legislation will restore dignity to those convicted, provide comfort to their families and, I hope, bring some closure to the sense of injustice members of mining communities may continue to feel.

“I very much sympathise with miners who lost out on redundancy payments and pension rights as a result of being sacked by the National Coal Board after being arrested or convicted for actions while participating in the strike.

“By securing this pardon, we have done what we can within our powers to restore dignity to individuals who meet the qualifying criteria and their families.

“It is now right that the UK Government recognises the passing of this historic legislation and gives further consideration to a UK-wide public inquiry and the payment of compensation to former miners. I have written to the Home Secretary this week urging her to reconsider her position given the strong support for this landmark Bill.”

Professor Jim Murdoch of the School of Law at Glasgow University who worked with Mr Scott QC on the independent review said: “As members of the independent review, our task was primarily to listen: to show that those affected by the miners’ strike had a voice more than a third of a century later.  

“At each of the meetings we held, it was clear that the pain felt by former miners and their families was still raw.  

“The response to the miners’ strike at the time left a deep scar on too many communities. Their stories showed without doubt that the criminal justice system all too often reacted in an arbitrary and disproportionate manner.

“Our task was to seek to promote a sense of reconciliation, and we are pleased that our report and its recommendation have received clear support today in the Scottish Parliament.”

Nicky Wilson, President of the National Union of Mineworkers (Scotland), said: “The NUM welcomes the passing of the Miners’ Pardon Bill. It removes the stigma of a criminal record given to miners who were striking to save their industry, jobs and communities which led to their convictions and sacking in some cases.”

Appeal: Please help stop harrassment outside abortion facilities

The British Pregnancy Advisory Service is appealing to the public to support a Members Bill to outlaw protests outside abortion clinics.

Details below:

How-to-respond-BPAS-and-Back-off-Scotland-guideDownload

Please respond to the Scottish Government Consultation on buffer zones.

Sending a response only takes 10 minutes.

The DEADLINE to respond is 10th August 2022 Gillian Mackay MSP has launched a Private Member’s Bill for Safe Access Zones, or buffer zones, outside abortion facilities across Scotland.

WE NEED YOUR SUPPORT.

This is a really important step in the move for buffer zones. You can access the consultation here www.bufferzones.scot Y

ou can access a ‘suggested response’ guide here https://images.bpas-campaigns.org/…/How-to-respond-BPAS…

Please share widely. We need as many people as possible to submit a response. Help make buffer zones a reality.

Committee goes out on the road to investigate environmental change

The challenge of reaching net zero in Scotland’s communities is to be explored in a series of visits by a Scottish Parliament committee.

Holyrood’s Net Zero, Energy and Transport Committee is looking at the role of local government and its partners in making a real and lasting impact on the environment. Now the Committee want to see this work in action by visiting projects across Scotland.

The Committee will begin the series of visits by going to Stirling, Orkney and Aberdeen where they will explore how the private sector, third sector, social enterprises and local communities are working with local government to meet net zero targets.

Speaking ahead of the visits, Committee Convener, Dean Lockhart MSP, said: “So many of the key areas in helping Scotland reach its net zero targets sit with local government. Issues such as travel, housing, recycling and the circular economy have a huge impact on Scotland’s environment.

“But we know that local government can’t make this change alone. That is why we want to see how councils across Scotland are working with their communities and building relationships with business and the voluntary sector to embed these changes and make a difference to climate change.

“Our visits will allow us to see first-hand the positive work happening across this country as well as finding out what more needs to be done to make the net zero targets a reality.”

The Committee will be visiting Stirling tomorrow (23 May), Aberdeen on 30 May and Orkney on 6 June.

Shared Challenges: First Minister meets Michelle O’Neill at Bute House

Meeting to discuss shared areas of interest

First Minister Nicola Sturgeon welcomed Michelle O’Neill MLA to Bute House today (Friday 20 May).

The meeting, which was arranged at the request of Michelle O’Neill, provided an opportunity to discuss shared areas of interest including the current cost of living crisis, the importance of the Northern Ireland Protocol negotiated with the EU and the prospects for the formation of a new Northern Ireland Executive.

First Minister Nicola Sturgeon said: “Today’s meeting was an excellent opportunity to discuss some of the shared challenges Scotland and Northern Ireland face and I thank Michelle for reaching out and enabling us to discuss these extremely important issues in person.

“It was a particularly timely conversation which provided an update on the ongoing developments around establishing the Northern Ireland Assembly and Executive following elections earlier this month.

“We also discussed the Northern Ireland protocol – most notably the extremely concerning announcement by the UK Government that they intend to legislate to enable unilateral action to dis-apply parts of the protocol – and the incredibly damaging effects this would have in communities right across the UK. 

“In a cost of living crisis and teetering on the edge of recession, pitching us into a trade dispute with the EU could be what tips us over.

“Intergovernmental relations are essential when it comes to tackling shared challenges and it is clear that much more needs to be done by the UK Government to ensure a rapid and effective response to the devastating cost of living crisis facing households across these islands. No one should ever have to make a choice between heating and eating.

“Today’s meeting was a further example of the close relationship between Scotland and Northern Ireland. In that spirit, I have written today to the leaders of the DUP and Alliance parties with an offer to meet to discuss these important matters.”

The First Minister today wrote to the other main political parties in Northern Ireland to make them aware of the meeting and offer a similar engagement, should they wish it.

MSPs to look at role of parliament and governance in Scotland

The Scottish Parliament’s Constitution, Europe, External Affairs and Culture Committee is to hold hearings to examine how devolved structures and conventions are working in the post-EU landscape.

The evidence sessions will look at:

  • Legislative consent (sometimes known as the ‘Sewel Convention’);
  • Implementation of the EU-UK Trade and Co-Operation Agreement (TCA);
  • Intergovernmental relations;
  • Retained EU law; and
  • Implementation of the Ireland/Northern Ireland Protocol

The effects of the UK leaving the EU, including UK and GB-wide arrangements put in place to replace EU systems (such as Common Frameworks and the UK Internal Market Act), as well as disagreements between the UK and Scottish Governments over issues including legislative consent, have all impacted on how the Scottish Parliament and Government work. These changes will be examined in detail by the Committee.

These hearings follow on from inquiries by the Committee into the European Union (Continuity) (Scotland) Act 2021 and the UK Internal Market Act (UKIMA), as well as the Committee’s role in the first meeting of the UK-wide Interparliamentary Forum.

The Committee previously concluded that UKIMA has created a tension in the devolution settlement, with more emphasis on open trade than regulatory autonomy, when compared to the EU Single Market.

It also identified a risk that the emphasis on managing regulatory divergence at an inter-governmental level may lead to less transparency and Ministerial accountability, and a tension in the balance of relations between the Executive and the Legislature.

Speaking ahead of today’s first roundtable looking at the issue of legislative consent, Committee Convener, Clare Adamson MSP, said: “Leaving the EU has meant a significant change in the UK’s constitutional arrangements. Of course, this has implications for Scotland and its Parliament.

“Though many of these changes are very technical, they can have important implications. We have already put on record our concerns around a number of potential risks including less regulatory autonomy for devolved Parliaments, reduced democratic oversight, and a less consultative policy making process.

“As MSPs, we now want to examine what other changes mean for devolution.”

So far, the following roundtables are scheduled for the following dates:

Thursday 19 May: Legislative Consent after Brexit

Thursday 26 May: Implementation of the Trade and Co-Operation Agreement

Thursday 9 June: Intergovernmental relations

BVA President praises Scottish vets for sterling efforts to keep animals healthy in difficult times

British Veterinary Association (BVA) President Justine Shotton last night (Tuesday 17 May) celebrated the work of veterinary teams across Scotland to make animal health and welfare a top priority despite contending with multiple pressures in recent times.

In her speech to around 70 guests at BVA’s Annual Scottish Dinner at the Scottish Parliament, Dr Shotton said that Scottish vets had worked incredibly hard to keep animals healthy, protect public health and keep the food chain moving against a backdrop of Covid, Brexit and a recent surge in pet ownership. 

However, she cautioned that this has been an incredibly challenging time, saying: “But we also need to acknowledge that this has come at a significant – and ultimately unsustainable – cost to the profession’s capacity and wellbeing. 

“If we are going to cope with ongoing and new or unforeseen challenges ahead, we need action now to improve recruitment, retention and rates of return to veterinary work, to ensure that all existing vets can feel supported, safe and rewarded in their careers, and to encourage future vets from all walks of life to follow in our footsteps.”

Addressing guests including Mairi Gougeon, Cabinet Secretary for Rural Affairs and Islands, MSPs, key representatives from animal health and welfare organisations and colleagues from across the veterinary profession, BVA’s President called on Scottish and UK governments, animal owners, the profession itself and vets of the future to take a range of actions to help create a “flexible, resilient and future-proofed workforce”. 

These ranged from ensuring that new vet schools such as the site proposed by the SRUC (Scotland’s Rural College) are adequately funded, to reminding animal owners to “Respect Your Vet” and the difficult decisions that they have had to make to keep colleagues and clients safe during the pandemic. 

Dr Shotton also praised the recent “Vetastic Adventures” project, where BVA teamed up with the Scottish SPCA to showcase veterinary careers in a fun and accessible way for both primary and secondary school pupils in Scotland. 

Reflecting on recent months, Dr Shotton said that the profession’s “resilience and dedication” had really shone through in how vets had responded to and mitigated against recent disease outbreaks in Scotland and across the UK, including the Avian Influenza outbreak. 

She said that with disease control sitting within the scope of the proposed new Scottish Veterinary Service it was important to make sure that systems collaborated closely with the rest of the UK and beyond, cautioning:

“I don’t have to tell any of you around the room tonight that diseases and animal welfare problems don’t respect borders.  It will therefore be critical that the new service has systems that collaborate and liaise with the rest of the UK, and beyond, on disease surveillance, data collection, and information sharing.  We’re engaging closely to ensure that veterinary expertise is at the heart of these new proposals.” 

Turning to animal welfare legislation, Dr Shotton said that BVA was really pleased by the Scottish Government’s commitment to banning the sale and use of glue traps, describing them as “inhumane devices, which subject trapped animals to prolonged pain and suffering and can often accidentally trap non-target species including cats and birds.”  She called for similar action against snares, as they can also cause significant and needless harm to animals, including pets and protected wildlife.

On pet welfare, Dr Shotton acknowledged some significant campaign wins in the past year, including BVA successfully lobbying alongside others for the UK Government to take action against the “barbaric and purely cosmetic practice” of cropping dogs’ ears. 

She said that BVA will now be turning its attention to the rise of canine fertility clinics in Scotland and the rest of the UK, saying: “We are building a picture of the scale and severity of this worrying trend, and already seeing multiple red flags in the clinics, which may be operating with no regulation or veterinary oversight. 

“The recent action taken against a clinic owner in Lanarkshire following a joint investigation exemplifies what can be achieved when we come together to clamp down on unregulated and dangerous practices.”

The BVA President ended her speech by thanking BVA Scottish Branch colleagues for all their support, and welcoming Gareth Hateley, who was formally elected as the new Branch Junior Vice President at the AGM on Tuesday afternoon.

Mairi Gougeon, Cabinet Secretary for Rural Affairs and Islands, responded to the speech as BVA’s Guest of Honour.

Scotland to ban combustible cladding

Materials barred from high-risk buildings over 11 metres

Legislation to improve fire safety and boost Scotland’s Net Zero ambitions has been laid before the Scottish Parliament.

Under the legislation, developers will be banned from using combustible cladding on high-rise buildings. Since 2005, new cladding systems on high rise blocks of flats have either had to use non-combustible materials or pass a large-scale fire test.

The building standards legislation removes the option of a fire test, completely prohibiting such materials from use on domestic and other high-risk buildings, such as care homes and hospitals, above 11m.

The highest risk metal composite cladding material will be banned from any new building of any height, with replacement cladding also required to meet the new standards.

The legislation also includes improvements to energy performance standards, aiming to make buildings easier to heat while ensuring they are well ventilated and comfortable to live in.

Building Standards Minister Patrick Harvie said: “This is the third set of changes made to fire safety standards for cladding in Scotland since the tragic Grenfell Tower Fire, requiring any cladding on domestic or other high risk buildings above 11m to be strictly non-combustible.

“Taken together with our new fire alarms regulations, covering all homes in Scotland regardless of ownership, this is yet another step on the Scottish Government’s mission to minimise the risk of deaths and injuries from fire.

“The energy improvements will deliver another important step toward improved energy and emission performance of our buildings, and we’ll be going further on this in 2024 with regulations requiring new buildings to use zero-emissions heating systems.”

The Building (Scotland) Amendment Regulations 2022 (legislation.gov.uk)

Changes to requirements on fire safety of cladding systems will be introduced on 1 June 2022, while improvements to energy and environmental standards will apply from 1 October 2022.

The changes have been brought in following public consultations in 2021 on the fire safety of cladding systems and on energy and environmental standards.

Supporting Technical Handbooks, which set out the full detail of changes, will be published from the start of May.

The combustible cladding ban will apply to all buildings with a storey 11m or more above the ground, and which contain:

  • a dwelling
  • a building used as a place of assembly
  • or as a place of entertainment or recreation
  • a hospital
  • a residential care building or sheltered housing complex or a shared multi-occupancy residential building.

MPs back TUC’s calls for asbestos removal from public buildings

On Thursday, MPs backed calls from the TUC for all asbestos to be removed from public and commercial buildings. 

Westminster’s Work and Pensions Select Committee published a report from its inquiry into asbestos management in which it cites TUC calls for stronger asbestos removal.  

Asbestos remains the biggest cause of work-related deaths in the UK according to the Health and Safety Executive (HSE), with 5,000 deaths recorded in 2019. And Britain has the highest rates of mesothelioma cases in the world. 

Asbestos is classed as carcinogenic, which means it can cause cancer and other serious lung conditions when fibres are inhaled.  

According to figures from the HSE asbestos is still found in around 300,000 non-domestic buildings despite a ban on the use of the substance in new buildings in 1999. 

Committee report  

The new report by MPs cites concerns that the likely dramatic increase in retrofitting of buildings in response to net zero ambitions means that more asbestos-containing material will be disturbed in the coming decades. 

The TUC says current asbestos management is not fit for purpose and has long called for new legislation requiring removal of all asbestos from public buildings. 

Today MPs have called for a 40-year deadline to remove all asbestos from public and commercial buildings. The TUC welcomes the news but says a 40-year deadline is not ambitious enough. 

The report also calls for more funding for the HSE to support this increased programme of work. 

Asbestos dangers 

There is no safe threshold of exposure to asbestos fibres – inhalation even of small quantities can lead to mesothelioma decades after exposure. 

This means that where asbestos is still present, it is not safe to assume there will be no disturbances that put working people in danger. 

The only way we will eradicate mesothelioma in Britain is with a legal duty to safely remove asbestos, and a clear timetable for its eradication. Only then can we ensure that future generations will not have to experience the same deadly epidemic from asbestos-related diseases that we suffer today. 

TUC General Secretary Frances O’Grady said: “Everyone should be safe at work. Asbestos exposure at work continues to cause thousands of deaths every year. Asbestos is still with us in workplaces and public buildings across the country. As a result, more than 22 years after the use of asbestos was banned, hundreds of thousands of workers are still put at risk of exposure every day. 

“The only way to protect today’s workers and future generations is through the safe removal of asbestos from all workplaces and public buildings.  

“Today’s report by MPs is welcome, but a 40-year deadline isn’t ambitious enough: hundreds of thousands of workers risk dangerous exposure in that time. Ministers must commit to removing all asbestos to keep future generations safe.” 

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Foysol Choudhury MSP gets up to speed with broadband

Holyrood drop-in session highlights the national digital network’s plans for Scotland’s ultrafast future and commitment to apprenticeship programme

Lothian MSP Foysol Choudhury met engineers and apprentices from Openreach to discuss the roll out of full fibre broadband and the economic benefits fast, reliable connectivity is bringing to Scotland’s economy during a drop-in session at the Scottish Parliament.

The Lothian MSP was updated on work being done to upgrade the country’s broadband network – including across the Lothians, where 190,000 properties now have access to the new, ultrafast technology. He also met apprentices Hayley Goldthorpe and Jack Cotton to hear first-hand about their experiences.      

Openreach recently announced it will create and fill around 500 more Scottish jobs during 2022 – including around 390 apprenticeships – as it continues to invest billions of pounds into its UK broadband network, people and training.

Foysol Choudhury MSP said: “Reliable connectivity is a hugely important feature of life in modern Scotland and a necessity for people living and working across Lothian. Openreach engineers and apprentices are working tirelessly to roll out full fibre broadband to more local homes and businesses each week.

“The event in parliament was a great opportunity to quiz management about the priorities ahead and the challenges in more complex areas of build – and discuss how policy changes could help. It was great to learn more about opportunities that can be unlocked, especially for remote and rural communities, by ultra-reliable full fibre broadband.”

According to thinkbroadband, the UK’s largest independent broadband news and information site, nearly 95 per cent of Scots can currently access superfast broadband at 30Mbps+.     

At the beginning of the year Openreach announced that more than half a million Scottish homes and businesses can connect to its new gigabit-capable, full fibre network.

Around 40 locations across Lothian – from Edinburgh to Gullane, Loanhead and Dechmont – are included in its plans to reach 25m premises with the technology by the end of 2026.

The drop-in session was hosted by Fraser Rowberry, Openreach’s Chief Engineer for Scotland, who thanked Emma Harper MSP for sponsoring the event.

Fraser Rowberry said: “We know that reliable, ultrafast internet connections can have a transformative effect on businesses, online learning and people’s daily lives. That’s why we at Openreach are committed to rolling them out to homes and business premises across Scotland.

“Research from Cebr last year evidenced the hugely positive economic impact universal connections could have in Scotland. A comprehensive full fibre network could enable 76,000 people to re-enter the workforce and contribute billions of pounds to the Scottish economy.

 “We were delighted to be able to take that positive story to MSPs and set out our vision and plans for bringing ultrafast broadband to more of Scotland.”

Transport Scotland risks legal action at taxpayers’ expense, says MSP

South Queensferry residents are embroiled in a bitter battle with Transport Scotland to secure road access to their new homes. 

Transport Scotland have refused access to the Ferrymuir Gait road forcing all residents from the new development to travel through the existing Varney Estate.

All 124 houses on the development must now use Henry Ross Place despite Ferrymuir Gait being the most direct route into the housing development.

Heavy construction traffic used Ferrymuir Gait throughout the build. 

The developer has offered to upgrade the road to adoptable standards and Edinburgh Council has indicated a will to adopt the road once this takes place.

Transport Scotland could risk court action if the refusal to permit access continues. 

Lothian MSP Foysol Choudhury said: “There is considerable anger among residents from both developments.  They are strongly in favour of Ferrymuir Gait being used to access the new development.

“Despite my attempts at mediation, this issue has remained irreconcilable for many months, and looks like it will inevitably end in legal action.

“For the sake of the use of one road, Transport Scotland appear to be willing to drag this through the courts at what will inevitably be great expense to the taxpayer.

“I do not believe that the Scottish public will see legal action to prevent residents’ access to new homes as a good or explicable use of public funds.

“It seems to me that it is clearly in the public interest – from the point of view of the residents and the Scottish taxpayer – that this matter be settled reasonably between the two parties.