Holyrood Committee Backs Visitor Levy Bill at Stage 1

‘potential to be a positive force for the tourism sector’

The majority of members on the Holyrood Committee considering the Visitor Levy (Scotland) Bill have supported the general principles behind the legislation, which would allow Scottish local authorities to introduce an overnight accommodation levy, following extensive consultation.

Publishing its Stage 1 Report today, the Parliament’s Local Government, Housing and Planning Committee said that a majority of members of the Committee support the general principles of the Bill and a majority of members again found that it was “unlikely that the introduction of a levy in certain local authority areas, assuming a relatively modest rate, would have a deterrent effect on visitor numbers and therefore on the visitor economy in Scotland.

Conservative MSPs Miles Briggs and Pam Gosal did not support several of the report’s conclusions or the general principles behind the Bill.

A majority of members however agreed with evidence from stakeholders which suggested the introduction of a levy has “the potential to bring significant benefits to visitors, the tourism sector and local residents” whilst recognising that not all of Scotland’s local authorities are expected to introduce a levy and therefore benefit directly from the Bill.

Supporting the Bill’s provision to give local authorities the ability to choose whether to introduce a levy and how to apply it locally, a majority of members of the Committee welcome “the degree of flexibility” provided and believe that this will allow councils to “design and implement it in a way that suits local circumstances.

The Committee also recognised business concerns around the timing of the legislation, following the impact of COVID-19 on Scotland’s tourism sector and the increased costs of doing business, as well as recent changes to short-term lets licensing.

The Report also said the Committee was “mindful of the concerns of accommodation providers that the introduction of a levy could result in an additional administrative burden” and welcomed the Bill’s requirements to implement localised monitoring and reporting to ensure transparency and accountability.

Considering if any levy should be a flat or percentage rate, the Committee considered this was “perhaps the most difficult aspect of the Bill in terms of determining what the right approach should be” and invited the Scottish Government to undertake further work on this area of the Bill to find a suitable solution.

The majority of members of the Committee agreed that “meaningful consultation with the tourism and accommodation sector to create a genuine sense of partnership working” would “help alleviate the concerns of many in the sector” and show that a levy should bring “long-term benefits” by improving the experience of visitors to areas where a levy is applied.

The earliest date a visitor levy could be applied by local authorities is 2026, which a majority of members of the Committee considered would provide enough time for any “outstanding issues to be resolved through engagement and consultation” with businesses and other key stakeholders.

However, the Committee also invited the Scottish Government to respond to suggestions from some councils that they should be able to introduce a levy sooner than 2026.

Commenting, Committee Convener, Ariane Burgess MSP said: “In supporting the Visitor Levy Bill at Stage 1, a majority of the members of the Committee recognise its potential to positively impact Scotland’s tourism sector.

“After thorough consultation and consideration, most members of the Committee have supported the core principles of the legislation, emphasising that a well-designed levy, at a modest rate, shouldn’t discourage visitors and should bring benefits for the tourism sector.

“A majority of the members of the Committee welcomed and support the flexibility provided by the Bill, which will enable local authorities to customise the levy’s implementation meaning that local levies are designed to suit local circumstances.

“Understanding concerns from businesses and being mindful of possible administrative burdens, a majority of members of the Committee believe that industry worries can be resolved through constructive engagement and consultation at the local level, ahead of any levy being introduced in 2026.

“For the majority of the members of the Committee the Visitor Levy Bill has the potential to be a positive force for the tourism sector, and thank the individuals, organisations and other stakeholders who provided evidence to inform this report.”

Scottish Parliament seeks input on Gaelic resources

With a commitment to continuous improvement, the Scottish Parliament is actively exploring new Gaelic resources for its website users and social media followers. As part of this initiative, the Parliament is seeking input on potential offerings.

This work follows the recent approval of The Scottish Parliament’s latest Gaelic Language Plan for 2023 to 2028 by Bòrd na Gàidhlig. The Plan lays out the commitments to supporting and promoting the use of Gaelic within the organisation.

Since the Gaelic Language Act was passed in 2005, public bodies like the Scottish Parliament need to prepare a Gaelic Language Plan every 5 years.

Earlier in 2023, the Scottish Parliament sought public input on its proposed Plan. The consultation received a range of responses, from fluent Gaelic speakers, those learning the language, and others with an interest in the language. Most of the responses expressed approval for the existing plans with some valuable new suggestions also contributed.

“Over 120 people helped us with shaping our approach to Gaelic over the next five years,” said Dr Alasdair MacCaluim, the Scottish Parliament’s Gaelic Development Officer.

“The Parliament extends its gratitude to all participants for their valuable contributions. We now want to understand what Gaelic resources our audience would find most useful going forward.”

“For example, do you have an interest in Gaelic podcasts? Would you be interested in subscribing to a monthly Gaelic newsletter? Are you currently following our Gaelic Twitter account (ParlAlba)? We’d love to hear from you.”

Ealasaid MacDonald, Ceannard (CEO) of Bòrd na Gàidhlig said: “It is important that public sector bodies like the Scottish Parliament are taking seriously the principle that Gaelic belongs to the whole of Scotland and are championing the promotion of a positive image of Gaelic, increasing the learning of Gaelic, and increasing the use of Gaelic.”

You can share your thoughts with the Scottish Parliament’s Gaelic team by emailing gaidhlig@parliament.scot

For further information or to access the latest Gaelic Language Plan, please visit https://www.parliament.scot/get-involved/gaelic

Holyrood Committee announces inquiry into Scotland’s Commissioners

DOES SCOTLAND NEED YET MORE COMMISSIONERS?

A new parliamentary inquiry examining Scotland’s Commissioner ‘landscape’ has been announced.

Holyrood’s Finance and Public Administration Committee will investigate whether a more “coherent and strategic approach” is needed for the creation of any further commissioners.

Scotland currently has seven commissioners directly responsible to Parliament. An eighth – the Patients Safety Commissioner – was agreed by Parliament in September 2023.

A further six commissioners have been proposed, or are being considered, that could potentially bring the total number to 14 by the end of this five-year session of Parliament.

Finance and Public Administration Committee Convener Kenneth Gibson said: “Seven commissioners cost £16.6m, according to budget figures for 2023/24.  Each office comes with its own staff and its own running costs. 

“The smallest cost £0.3m and the largest £6.7m.  More are being proposed, or considered, by both the government and by backbench MSPs.

“Our committee believes this inquiry is both timely and necessary.

The Scottish Government has already stated there is very little published research on commissioners in Scotland – or the UK – and little evaluation exploring their pros and cons, powers or ways of working.

“Our committee will therefore investigate whether a more coherent and strategic approach is needed for the creation of such commissioners in Scotland.”

The committee will launch a call for views in January. Oral evidence will be taken in March / April. The committee’s report is expected to be published in May / June 2024.

Advancing children’s rights in law

Amended UN Convention on the Rights of the Child Bill passed

A Bill to provide greater protection of children’s rights has been passed by the Scottish Parliament for a second time.

The United Nations Convention on the Rights of the Child (Incorporation) Bill requires Scotland’s public authorities to protect children’s human rights in their decision-making when delivering functions conferred by Acts of the Scottish Parliament. It also allows for children, young people and their representatives to use the courts to enforce their rights.

Several sections of the original Bill, which was passed unanimously in 2021, were ruled by the Supreme Court to be outwith the Scottish Parliament’s legislative competence, following referral by the UK Government. MSPs have now backed an amended bill with reduced scope.

Social Justice Secretary Shirley-Anne Somerville said: “This Bill is an important milestone in ensuring that children’s rights are respected, protected and fulfilled under Scots law.

“Although Scotland will become the first devolved nation in the world to incorporate the convention into domestic law, we are limited in what we can achieve because of the nature of the devolution settlement.

“We’ve had to limit the scope of this Bill because of legal action taken by the UK Government. That is deeply disappointing. So, while this Bill is undoubtedly a step in the right direction, it remains the case that the only way to protect children’s rights in the delivery of all public services in Scotland is for the UK Government to fully implement UNCRC. Unfortunately for Scotland’s children and young people, they remain firmly opposed to such action.”

Chair of the Scottish Youth Parliament Mollie McGoran MSYP said: “The passing of the UNCRC Incorporation Bill is an important step in Scotland’s human rights journey.

“Whilst there has been challenges, this is a momentous day for the children and young people who have long campaigned for their rights to be respected in law and I want to thank and congratulate everyone who has worked for UNCRC incorporation.

“Decision makers and duty bearers in Scotland must now work towards embedding and respecting children and young people’s rights in every aspect of Scottish life. We want Scotland to be the best place in the world to grow up and this is now an incredible opportunity to make that a reality.”

Member of Children’s Parliament Omima said: “I think the change is definitely going to be gradual.

“But I think if it is up there, and children know “all my rights do matter enough to be put into law” then they’re going to start valuing themselves more, and valuing the way that they’re treated and the way that adults especially treat them.

“I think that’s just to me a big pick up for our generation – to make us feel as if we are heard and valued as people not just as children.

The UNCRC (Incorporation) (Scotland) Bill was first passed by the Scottish Parliament unanimously on 16 March 2021.

Foysul Choudhury: Action on Scotland’s Public Health Needed Now

On Wednesday (6 December), Foysol Choudhury MSP chaired the Cross-Party Group (CPG) on Improving Scotland’s Health.

The CPG focuses on action which could be taken, such as reducing the consumption of alcohol, tobacco and unhealthy foods, to reduce illness and deaths in Scotland such as cancer, heart disease, diabetes and lung disease.  

Wednesday’s CPG saw a presentation from Paul Johnston, Chief Executive of Public Health Scotland, about Public Health Scotland’s Economy and Poverty Programme, health trends and the importance of addressing health-harming commodities.  

Following the meeting, Convener Foysol Choudhury MSP has also highlighted the concerning health disparities between Scotland’s richest and poorest communities.

Mr Choudhury said: “The concerning health trends we heard about at the meeting have raised alarm bells for me yet again about the disparity in life expectancy between Scotland’s richest and poorest communities. 

“This is something I have raised before and will continue to raise until we see improvements in the quality of life for all in Scotland-until a time when where you are born will not affect your chance to live a long and healthy life. 

“CEO of Public Health Scotland Paul Johnston noted in his presentation on Wednesday that change is possible, if we invest time, energy and resources into prevention now. 

“That is why the work of this CPG is so vital, to ensure action is taken and preventative frameworks are put in place to support the future of Scotland’s health for the next generation.” 

Three awards for Edinburgh at Holyrood’s Public Service Awards

Three Edinburgh projects were honoured at the Scottish Public Service Awards 2023 this week (December 6).

The awards, which are in their tenth year, are run by Holyrood Communications in partnership with the Scottish Government and the Scottish Parliament to help celebrate the contribution of public servants. 

Edinburgh’s response to supporting Ukrainian refugees was a standout of the evening winning two awards.

Edinburgh’s Warm Scots Welcome is a community and voluntary sector partnership which has helped welcome more than 11,000 Ukrainian refugees since the Russian invasion early last year.

The initiative, which was organised in collaboration between the City of Edinburgh Council, Edinburgh Voluntary Organisations Council (EVOC) and Volunteer Edinburgh (VE), won the Voluntary Sector Partnership Award.

The Edinburgh Ukrainian Welcome Hub also won the Commercial Partnerships Award.

This was a partnership between the City of Edinburgh Council and NatWest Group/Royal Bank of Scotland which has supported Ukrainians arriving in Scotland by providing property and facilities management, opening bank accounts, raising aid, distributing donations, volunteering, running events, giving specialist expertise, and offering women and girls tech training and employment.

Approximately 3,000 Ukrainians (representing up to 900 households), currently reside in Edinburgh, with over 350 children and young people in our education system.

There was also a victory for the Integrated Regional Employability and Skills Programme (IRES), as part of the Edinburgh and South East Scotland City Region Deal programme, which took the Project and Programme Management Award.

IRES seeks to evolve regional labour market policy and practice to drive inclusive growth, promising to deliver an additional 14,700 skill improvements across the Edinburgh and South East Scotland City Region and help 5,300 people into employment.

Council Leader Cammy Day said:I’m absolutely delighted to see the fantastic work in our city being recognised.

“Edinburgh’s solidarity and support for Ukraine and the Ukrainians who now call Edinburgh home is unwavering. These awards highlight the extensive partnership work between local government, third sector, private sector and other partners that has taken place across the city since the start of Russia’s illegal war against Ukraine in February 2022.

“As we shift our focus from welcoming our Ukrainian guests to helping with settling into their new lives here in Edinburgh, this strength of partnership is as important as ever. I’d like to wholeheartedly thank all our partners and the people of Edinburgh for all their efforts.  

“Employment, upskilling, and improving the working lives of our residents are also key priorities, and it’s great to see that these have been recognised in IRES’s award.”

Scotch Lamb goes to Parliament for St Andrew’s Day

Lamb took centre stage at the Scottish Parliament as part of Lamb for St Andrew’s Day, an initiative to encourage people across Scotland to celebrate with Scotch Lamb on the patron saint’s day.

Scotch Lamb was served, and sold out, in the canteen for Members of Parliament and staff at Holyrood, while the two key industry organisations driving the industry-wide campaign #LambForStAndrewsDay met with MSPs.

Quality Meat Scotland (QMS), which promotes the sustainable production, integrity and quality of red meat in Scotland, and the Institute of Auctioneers and Appraisers in Scotland (IAAS), the representative body for livestock marts in Scotland are behind the campaign, now in its 13th year, to make lamb synonymous with 30 November, as turkey is for Christmas and haggis for Burns’ Night.

At parliament, they spoke to a number of MSPs, highlighting the growing success of the Lamb for St Andrew’s Day campaign, which was celebrated internationally this year, both ahead of COP28 in Dubai and at the Ambassador’s Residence in Paris, and the need to support such an indigenous industry.

Sarah Millar, Chief Executive of QMS, said it was also an opportunity to discuss the economic, social and environmental influence of the £290m lamb sector in Scotland and areas for market growth.

“The export market is strong and growing due to a global appreciation of the quality of Scotch Lamb and its environmental credentials, but there is great opportunity to bring more UK consumers back to lamb to consolidate the home market,” she said.

“It ticks a number of boxes around nutrition, food miles and sustainability. Lamb production is a natural fit with Scotland’s high rainfall and plenty of available grass, producing a tasty, versatile homegrown red meat packed with nutrients.

“Every year the awareness built from the #LambForStAndrewsDay campaign has a tangible impact, boosting sales in the livestock rings as well as from retail shelves.”

Compared to beef, which in 2022 saw 19.2kg consumption per capita in Scotland, the equivalent in lamb is 2.2kg. Scotland is 186% self-sufficient in sheep meat so QMS is looking to maximise every possible market potential.

The #LambForStAndrewsDay campaign illustrates that lamb can be enjoyed on any budget and works well with different cuisines from across the world, promoted through QMS’s advertising and social media campaigns, as well as recipe inspiration on the Scotch Kitchen website.

In 2020, IAAS introduced The Lamb Bank, gathering financial and ‘lamb’ donations from across the industry to deliver lamb into schools, for free, in the last week of November. To date, 89,000 school children across Scotland have had the chance to cook, eat and learn about lamb in school canteens and Home Economics classes with 114 schools participating this year.

In the last three years, figures show that sales in the livestock marts to butchers and processors have increased every year in the month of November, demonstrating the growing impact of the campaign.

Neil Wilson said: “Our visit to Parliament today was another platform to demonstrate the positive impact of the lamb sector across the supply chain on Scotland’s economy, rural livelihoods and food security and why we need to drive lamb sales to protect and promote the profitable future of our industry.

“We had some really interesting, constructive conversations with Members of the Scottish Parliament, and it was a great that many of those we spoke to knew about the campaign, more than ever before – and that the canteen sold out of lamb!”

Cabinet Secretary for Rural Affairs, Mairi Gougeon, who met at AgriScot with both the Chair of QMS, Kate Rowell, and the President of IAAS, Alan Hutcheon, as part of Lamb for St Andrew’s Day, said: “I am pleased to be involved in this year’s Lamb for St Andrew’ Day campaign.

“This year, Scotch Lamb will be on the plates of decision-makers from Paris to Dubai. This is an excellent opportunity to showcase the very best that our sheep producers have to offer.

“The high quality of Scottish lamb gives it mass appeal to customers, and I know that this year’s campaign will help to enhance this message across the globe.”

The initiative is also supported by National Farmers Union (NFU) Scotland and the National Sheep Association (NSA). QMS provided Scotch Lamb for The National Sheep Association in Scotland St Andrew’s Dinner in Lauder this week, held for 100 people from across the industry. 

Progress needed beyond the end of Islamophobia Awareness Month 

THURSDAY marked the end of Islamophobia Awareness Month (IAM) 2023, which aims to raise awareness of Islamophobia and its prevalence in Scotland.

Figures show that many people are still subject to Islamophobic abuse, which can include harassment, hate speech, violent attacks, religious profiling and being prejudiced against Muslims. IAM seeks to demonstrate the effect of Islamophobia and how it can be tackled, in addition to the positive contributions of Muslims in the UK.  

The Scottish Parliament raised awareness of Islamophobia Awareness Month this November by hosting photocalls and drop-in sessions, for MSPs to learn more about the challenges faced by Muslims in Scotland and how these challenges could be tackled.  

Lothian MSP Foysol Choudhury also lodged several questions in the Scottish Parliament, including to ask the Scottish Government what steps it is taking to ensure scrutiny of Education Scotland and the Race Equality Action Plan, in light of the recommendations of the report of the public inquiry into Islamophobia in Scotland.

The inquiry, originally published in 2021, recently published an update on its recommendations to the Scottish Parliament’s Cross-Party Group (CPG) on Challenging Racial & Religious Prejudice, including recommendations that the improving on the reporting and recording of Islamophobia in schools should be urgently progressed.  

Convener of the CPG, Mr Choudhury, also asked the Scottish Government what action it has taken to improve the reporting and recording of Islamophobia in schools, colleges and universities, as well as probing about initiatives to tackle the gendered nature of Islamophobia and the support offered to Police Scotland to help them identify and tackle Islamophobic abuse.  

Mr Choudhury, who is the new Convener of the CPG, taking over from colleague Anas Sarwar MSP, said following the end of Islamophobia Awareness Month: “This month has been promising in raising awareness of Islamophobia and the abuse faced by many Muslims in Scotland. 

“I hope that this increased awareness and resolve to tackle the issue encourages more people to come forward for support, as well as more initiatives to eradicate Islamophobia in Scotland.

“I have been raising in the Scottish Parliament many questions about how the Scottish Government can tackle Islamophobia in different areas of our society, including within schools, and I look forward to their answers so we can all work together to build a better society for our next generation to grow up in. 

“However, progress is clearly still needed, two years on from the 2021 inquiry into Islamophobia in Scotland, and we must keep the pressure on the Scottish Government beyond Islamophobia Awareness Month to increase initiatives to tackle Islamophobia and all religious hatred and intolerance in Scotland.” 

As Convener of the CPG on Challenging Racial & Religious Prejudice, Mr Choudhury says the next CPG meeting next week will de-brief Members on Islamophobia Awareness Month in terms of what was a success and what needs to be pursued throughout the next year.

The Lothians list MSP says he hopes this will keep momentum on this issue going and lead to positive sustained change for all constituents affected by Islamophobia in Scotland. He said: “It is my hope that this will then create a more peaceful Scotland for everyone, free from any kind of religious intolerance or hatred.”  

Edinburgh people urged to have their say on legislation addressing unsafe cladding after Grenfell tragedy 

A Holyrood Committee visited a building with potentially dangerous cladding in the Leith area on Tuesday this week to meet with residents and hold talks with a fire safety expert.

The visit followed the launch of a call for views on legislation which would give Scottish Ministers new powers to assess and remediate buildings in Scotland with unsafe cladding, following the 2017 Grenfell Tower fire. 

The Scottish Parliament’s Local Government, Housing and Planning Committee, which is leading scrutiny of the plans, is now encouraging other people in Edinburgh, who live in or own properties with potentially dangerous cladding, to respond to the public consultation on the Scottish Government’s Housing (Cladding Remediation) (Scotland) Bill. 

The legislation seeks to give Scottish Ministers powers to assess and remediate buildings with unsafe cladding, including where consent of the owners cannot be provided. 

Under proposals in the Bill, the Scottish Government would also create and maintain a Cladding Assurance Register to give residents confidence about the assessment and works undertaken once those buildings are remediated. 

The Bill would also give Ministers the power to establish a Responsible Developers Scheme, to support engagement by developers and encourage them to pay for or carry out remediation work. 

Such a scheme would likely include agreement to pay for remediation costs by developers, with potential sanctions for developers that are eligible but do not join or fail to comply with the terms of membership. 

As the Scottish Government has not carried out public consultation on the Bill, the Committee’s call for views will be critical in providing stakeholders including owners and residents of properties in buildings with potentially unsafe cladding, developers, insurers, surveyors, and fire safety experts an opportunity to comment on the proposals. 

The call for views is now open and runs until Friday 8th December 2023. 

Following the visit, Committee Convener, Ariane Burgess MSP, said: “Cladding was a major contributing factor to the fire which destroyed Grenfell Tower in June 2017, one of the UK’s worst modern disasters, and we want people in Edinburgh to have their say on this new Bill.  

“Visiting a property affected by cladding alongside one of Scotland’s leading fire safety experts gave us a real insight into the risks that residents are currently forced to live with and the substantial challenges behind the remediation work needed in buildings like the one we visited, right across the country. 

“Meeting with Edinburgh residents living in a property with potentially unsafe cladding allowed us to discuss the impact this is having on them financially through increased insurance rates and the increased levels of anxiety and fear that comes along with living with the heightened fire risks. 

“As our consultation is the only opportunity for the public to comment on the proposals in the new Bill, we are encouraging people in Edinburgh who live in or own properties with potentially dangerous cladding to respond before the 8th December. 

“The Committee understands the urgency in addressing the issue of unsafe cladding, and this Bill represents a critical step towards achieving safer conditions for all those affected in the Lothian area.” 

Chartered Building Surveyor and fire safety expert, Phil Diamond, who accompanied the Committee on the visit said: “It was good to see Brooker Diamond’s involvement in North Edinburgh recognised by the committee’s visit.  

“We carried out the Single Building Assessment which is a very complex process and the development posed many varied challenges which will require a comprehensive scheme of remediation. 

“We look forward to contributing to the assessment programme and remediation of more blocks across Scotland and help to make homes safer as part of the future work flowing from the Cladding Remediation Bill.”

HOLYROOD COMMITTEE HEARS OF CONCERNS FIRST HAND FROM HOME OWNERS AFFECTED IN EDINBURGH 

The site visit by the entire committee charged with leading scrutiny of this Bill, gave credence to the  seriousness of their intent to ensure that the proposals are properly understood and reviewed by the MSPs.  

The urgent and important need to address the issues in domestic residential accommodation, of risk to life  and property, is recognised by the introduction of this bill in an expedited process.

If approved by the  Scottish Parliament, then the Royal Assent could be on or before 24 July 2024. It could then have a  commencement date at the beginning of September 2024.  

Chris Ashurst – the Group Coordinator of High Rise Scotland Action Group said: “ I wholeheartedly welcome the committee’s pro-active efforts to understand the concerns, experiences  and perspectives of those living in ‘high-rise’ homes.

“It is their safety physical and mental, and the safety of  their homes and property which is and must be the supreme concern of the legislator, and must shape the  new law.  

Owners have been able to express: –  

 their dismay at suggestions that the very builders who caused the problems, might instruct  their own appointed surveyors and professional advisors to decide what defects need to  be remedied and, or, decide on and implement their own remediation or mitigation measures. 

 The conflict of interest and the financial liability could, (and would be) seen by owners as  reason to mistrust and doubt the integrity of any such assessment or plan. It remains to be  seen what confidence lenders and insurers would place in such a process 

 The feeling that the revised criteria introduced in December 2021 are too rigid, and that no  building would be able to satisfy them. The frustration on the part of some that the widened brief had exceeded the original one to an unacceptable degree and that there  should be some element of grading of risk, based on an assessor’s professional assessment of any risk.

“I wholeheartedly endorse the request from the Convenor of the Committee that owners should make submit  their views in the consultation to them by Friday 8 December using the links provided.” 

 Link to convenor’s video

Share your views on the cladding bill proposals. https://ow.ly/BmM850QcX6L

Holyrood Committee ‘concerns’ over Circular Economy Bill

The Scottish Government’s Circular Economy Bill has been criticised for a lack of financial transparency and accurate costings, in a report out today.

The Finance and Public Administration Committee (FPAC) doubts that the Bill complies with the Parliament’s rules on setting out “best estimates” of costs likely to arise.

FPAC Convener Kenneth Gibson MSP said: “Scrutiny of this Bill reinforces our concern that affordability does not appear to be a key factor in Scottish Government decision-making.

“The Minister, Lorna Slater MSP, has committed to consult on the cost of secondary legislation, but that should not replace an assessment of affordability at the point of a Bill’s introduction.

“Our committee is not convinced that this Bill’s financial memorandum meets the requirements set out in Parliament’s Standing Orders to provide: “best estimates of the costs, savings, and changes to revenues to which the provisions of the Bill would give rise”.

Mr Gibson continued: “We’ve seen an increasing use of ‘framework’ bills that provide government with future enabling powers. These do not, however, provide best estimates of all likely costs, and undermine parliamentary scrutiny. 

“It also risks the Parliament passing legislation which may in the end – once outcomes are fully understood – lead to significant cost increases.

“The increased use of framework bills with no clear implementation costs, poses a long-term risk to the Scottish Budget, both now and for successive governments.

“The FPAC is disappointed that Scottish Ministers have still to meet our previous recommendations or expectations around the level of financial data, clarity and transparency required.

“In the end, it will be for Parliament to decide when voting on the general principles of this framework bill, whether the outcomes it seeks to deliver outweigh any financial or affordability considerations.”

On income from fly-tipping and litter fines, the report said:

  • The assumption in this financial memorandum (FM) of a 100% payment rate for fixed penalty notices is entirely unrealistic. Therefore, given that the level of income from fines assumed in the FM is not attainable, it should not be used to ‘off set’ some of the costs of enforcement, such as in relation to fly tipping. We consider this approach to identifying potential savings to be unsatisfactory.

Updates every six months:

  • We request that the updates, committed to by the Minister in her letter of 20 November be provided to the Committee every six months. These updates should include updated information on the expenditure incurred to date, any changes in forecast costs and any savings arising from the Bill and the subsequent Act (subject to the Bill being passed) and relevant secondary legislation, until all provisions are operational.