Protecting children’s rights in Scots law

Holyrood to reconsider UN Convention on the Rights of the Child Bill

The Scottish Parliament has agreed to consider amendments to the legislation that will incorporate the UN Convention on the Rights of the Child into Scots law.

The UNCRC (Incorporation) (Scotland) Bill requires Scotland’s public authorities to protect children’s rights in their decision-making. It also allows for children, young people and their representatives to use the courts to enforce their rights.

The Bill was passed unanimously in 2021 but certain provisions within it were later ruled outwith the Scottish Parliament’s legislative competence at the Supreme Court.

Proposed changes will mean that public authorities will be required to comply with the UNCRC requirements only when delivering devolved functions conferred by or under Acts of the Scottish Parliament or under common law powers.

Social Justice Secretary Shirley-Anne Somerville said: “Our priority is to provide the greatest protection that we can to children’s rights.

“The amendments that will now be considered will ensure that the Bill protects children’s rights in the most effective way within our devolved powers.

“This is an important milestone in ensuring that we are a country that fully respects, protects and fulfils children’s rights. However, without the political commitment of the UK Government to legislate for children’s rights we are limited in what we can achieve.

“The simplest way to secure the greatest protection for children’s rights would be for our counterparts in Westminster to incorporate the UNCRC into UK law.”

Letter to committee and amendments

Stretched to the Limit!

Following our 2022 report on the impact of the cost of living crisis on individuals, ‘Disabled people, unpaid carers and the cost of living crisis: Impacts, responses and long term solutions‘, the ALLIANCE have published a second report on how the crisis is affecting Scotland’s third sector.

Stretched to the Limit: Scotland’s Third Sector and the cost of living crisis‘ brings together findings from a survey of the ALLIANCE’s organisational membership in the spring, a detailed case study from one of our members, and a workshop at our annual conference. Taken together, these paint a picture of a sector which is under intense stress.

Amongst the findings of our survey were that 84% of member organisations responding had experienced increased demand for services, yet 61% reported reduction in funding via grants, 76% were facing higher bills, and 48% were unable to give their employees pay uplifts.

Despite these challenges the third sector continues to be a lifeline for many people across Scotland, responding flexibly to the changing needs of the people it supports.

With 88% of organisations saying that they would benefit from longer-term funding arrangements, and funding arising as the focus for discussion at our conference workshop, fair funding tops our list of recommendations, which include:

  • Progressing commitments to fair funding for the third sector, in line with the SCVO definition this link will take you away from The Alliance website
  • Ensuring the Fair Work agenda goes beyond funding the Real Living Wage, and instead to pay that is comparable to equivalent statutory sector roles
  • Tailored support for organisations operating in rural Scotland
  • Targeted support for energy bills, and in the longer term lower energy tariff arrangements for the third sector
  • Adopting a human rights based approach to procurement and grant funding
  • Investing in services that reduce demand for acute interventions from the public and third sectors

The HEALTH AND SOCIAL CARE ALLIANCE SCOTLAND is the national third sector intermediary for a range of health and social care organisations. We have a growing membership of over 3,000 national and local third sector organisations, associates in the statutory and private sectors, disabled people, people living with long term conditions and unpaid carers.

Kiltwalk: Local undertakers step out for Held In Our Hearts

This weekend is the Edinburgh Kiltwalk and we are delighted to say that Held In Our Hearts have 55 Kilt Walkers oner the weekend over all three events.

One local team of funeral directors are walking for bereavement charity Held In Our Hearts in the Wee Wander and we can’t thank them enough.

Funeral directors Barclays are going all out to make sure that Held In Our Hearts can continue to make sure that not family go through the trauma of being alone after the death of their precious baby. The charity offer support to bereaved families and have worked closely with Barclays over the years.

This year, Valerie, Andrew, Georgia, Elaine, and Marion will undertake 4 miles and walk from Silverknowes to Murrayfield .

As Valerie shared: “ We are so delighted to have the fantastic opportunity to be able to support  in this way”

You can donate to their page here :

https://www.justgiving.com/charities/search/fundraiserdetails/52126948

Thank you Barclays Heroes!

Butterfly numbers INCREASED this summer

Results of this year’s Big Butterfly Count revealed 

  • Wetter summer was good for butterflies, with average number of butterflies spotted highest for four years
  • However, new 13-year trend figures show a worrying long-term decline
  • Habitat loss biggest driver of decline; people urged to take action by creating a Wild Space

Results of Butterfly Conservation’s Big Butterfly Count 2023 have been released today, revealing a better picture for butterflies than had been feared. 

Overall, participants of the Big Butterfly Count enjoyed seeing more butterflies this year than in the previous four summers. In total, over 1.5 million butterflies and day-flying moths were recorded from 14 July – 6 August. After an all-time low in 2022 of just nine individual butterflies spotted per Count, this year saw an increase to 12 butterflies recorded on average per Count. 

However, this good news is in contrast with what the long-term trends are revealing. Released for the first time this year, these show that since the Big Butterfly Count started 13 years ago, many species have significantly decreased.

It is a further warning sign that nature everywhere is in crisis – butterflies, as well as forming a vital part of the food chain, are considered significant indicators of the health of the environment.

Following last summer’s heatwave and drought, scientists at Butterfly Conservation called on the public to help them understand the effect the extreme weather had on the UK’s butterflies. People responded in their thousands, with almost 95,000 citizen scientists taking part in this year’s Big Butterfly Count, conducting 136,719 15-minute Counts in gardens, parks, school grounds and the countryside. 

Dr Zoe Randle, Senior Surveys Officer at Butterfly Conservation, said: “It’s wonderful that so many people have been out enjoying spotting butterflies. We had huge support for the Big Butterfly Count this year, and thanks to the many people who went out during those sunny intervals, we now know that the effects of last year’s drought were not as bad for butterflies as we had feared.

“The mixed weather this year has helped as there has been an abundance of green food plants available for caterpillars, and plenty of nectar-rich flowers for adult butterflies. However, while the number of butterflies recorded this summer has been the highest since 2019, the longer-term trends show worrying declines for some of the UK’s most common butterfly species.”

The most-seen species this year was the Red Admiral, with 248,077 recorded – an increase of 338% on last year’s Count and the first time the species, which is increasing in the UK as a result of climate change, has taken the top-spot.

Gatekeeper was next, with 222,896 sightings. This represents a 12% increase on last year and is a small, but welcome, boost for a species that has decreased by 28% since the Count began. 

The Whites took the third and fourth spot, with 216,666 sightings of Large Whites and 190,506 of Small Whites, an 11% and 15% increase on 2022 respectively. Holly Blue had another good summer, with numbers up 66% on 2022, in keeping with its longer-term Big Butterfly Count trend of a 41% increase.

Species that saw a decline from last year include Ringlet, Common Blue and Speckled Wood, all of which also show long-term declines.

Although its numbers hardly changed compared to summer 2022, Green-veined White has the most severe Big Butterfly Count trend in the longer term, a decrease of 61%. 

Dr Richard Fox, Head of Science at Butterfly Conservation, explained: “One of the biggest threats butterflies in the UK face is habitat loss. While the weather certainly has an impact on numbers from year to year, butterflies, moths and many other species can generally cope with variable weather. What they can’t cope with is habitat destruction.

“Butterflies need a place to live. If they can feed, breed and shelter, they can thrive. By creating a Wild Space in your outdoor area you can help to reverse the massive losses of wildlife-friendly habitat and start to turn around the fortunes of our declining butterflies.”

Anyone, anywhere, can create a Wild Space. Whether it’s leaving a patch of long grass in your garden or planting a small selection of nectar rich plants on a balcony, the opportunities are vast and everyone can make a difference. 

Dr Richard Fox concluded: “Nearly 137,000 Big Butterfly Counts were recorded this summer and if every single person who helped with the Count creates a Wild Space, we can build a UK-wide network of spaces for butterflies to feed, breed and shelter. By creating a Wild Space everyone can make a difference and help butterflies and moths thrive.”

Butterfly Conservation has free resources and guidance on creating a Wild Space available, including accessible, tailored, simple advice for anyone to have a go. 

To find out more about Wild Spaces visit: https://wild-spaces.co.uk/ 

To find out more about Butterfly Conservation visit: https://butterfly-conservation.org/ 

BIG BUTTERFLY COUNT RESULTS 2023

Species results in the UK – Big Butterfly Count 2023

Next year’s Big Butterfly Count will take place from Friday 12th July – Sunday 4th August 2024.

BBC 2023: UKAbundance
Average per count

% change from 2022

13 year trend (bold significant)
1Red Admiral248,0771.9633877.7
2Gatekeeper222,8961.7712-28.01
3Large White216,6661.721126.86
4Small White202,0291.60152.46
5Meadow Brown162,3961.296-16.52
6Peacock149,1791.18172-7.24
7Comma49,1730.39265.22
8Small Tortoiseshell45,3640.3611-29.82
9Holly Blue34,6550.276841.37
10Common Blue30,0090.24-13-43.8
11Speckled Wood29,7080.24-11-37.88
12Green-veined White24,0930.190-60.87
13Ringlet23,0480.18-37-40.88
14Small Copper19,3670.151166.2
15Brimstone17,6940.1473-9.53
16Painted Lady11,8930.093113.08
17Six-spot Burnet9,2710.07-23
18Marbled White8,6110.0712-2.61
19Silver Y5,6500.04171
20Jersey Tiger4,7480.045
21Scotch Argus1,2340.01-11
 Totals1,515,7611234

This year, the Big Butterfly Count was sponsored by the DFN Foundation, a commissioning charity focused on influencing sustainable change in special needs education, supported employment, healthcare and conservation.

Small White most spotted Butterfly in Scotland

Results of Butterfly Conservation’s Big Butterfly Count 2023 have revealed that Small White takes the top spot in Scotland this year, and a better picture for butterflies than had been feared has emerged. 

Following last summer’s drought, scientists at Butterfly Conservation called on the public to help them understand the effect the extreme weather had on the UK’s butterflies. People responded in their thousands, with 3,295 citizen scientists in Scotland taking part in this year’s Big Butterfly Count, conducting 5,087 15-minute Counts in gardens, parks, school grounds and the countryside. 

This year, those participants recorded more than 28,000 butterflies and day-flying moths between 14 July – 6 August. On average, people in Scotland spotted six individual butterflies per Count, very similar to the 2022 event.

However, UK wide long-term trends, revealed for the first time this year, show that since the Big Butterfly Count started 13 years ago, many species have significantly decreased.

It is a further warning sign that nature everywhere is in crisis – butterflies, as well as forming a vital part of the food chain, are considered significant indicators of the health of the environment.

Dr Zoe Randle, Senior Surveys Officer at Butterfly Conservation, said: “It’s wonderful that so many people have been out enjoying spotting butterflies. We had huge support for the Big Butterfly Count this year, and thanks to the many people who went out during those sunny intervals, we now know that the effects of last year’s drought were not as bad for butterflies as we had feared.

“The mixed weather this year has helped as there has been an abundance of green food plants available for caterpillars, and plenty of nectar-rich flowers for adult butterflies. However, while the number of butterflies recorded across the UK this summer has been the highest since 2019, the longer-term trends show worrying declines for some of the most common butterfly species.”

The top five butterfly species spotted in Scotland were Small White, Large White, Peacock, Small Tortoiseshell and Meadow Brown. 

Comma also did well, showing an increase of 41% and experiencing its best summer in Scotland since the Big Butterfly Count began. This species suffered a severe decline in the twentieth century and has subsequently made a comeback, and has expanded its range rapidly northwards. 

Holly Blue also had its best ever Big Butterfly Count results in Scotland this summer and increased by 118% on 2022 levels. This species is a relatively recent arrival, becoming established in Edinburgh in 2006 and in Ayr in 2008. 

However, Scottish sightings of Common Blue, Ringlet and Six-spot Burnet were down compared to 2022. Speckled Wood recorded its lowest numbers in Scotland since the Big Butterfly Count began, and dropped 49% on 2022 levels. 

Dr Richard Fox, Head of Science at Butterfly Conservation, explained: “One of the biggest threats butterflies in the UK face is habitat loss. While the weather certainly has an impact on numbers from year to year, butterflies, moths and many other species can generally cope with variable weather. What they can’t cope with is habitat destruction.

“Butterflies need a place to live. If they can feed, breed and shelter, they can thrive. By creating a Wild Space in your outdoor area you can help to reverse the massive losses of wildlife-friendly habitat and start to turn around the fortunes of our declining butterflies.”

Anyone, anywhere, can create a Wild Space. Whether it’s leaving a patch of long grass in your garden or planting a small selection of nectar rich plants on a balcony, the opportunities are vast and everyone can make a difference. 

Dr Richard Fox concluded: “Nearly 137,000 Big Butterfly Counts were recorded across the UK this summer, if every single person who helped with the Count creates a Wild Space, we can build a UK-wide network of spaces for butterflies to feed, breed and shelter.

“By creating a Wild Space everyone can make a difference and help butterflies and moths thrive.”

Butterfly Conservation has free resources and guidance on creating a Wild Space available, including accessible, tailored, simple advice for anyone to have a go. 

To find out more about Wild Spaces visit: https://wild-spaces.co.uk/ 

To find out more about Butterfly Conservation visit: https://butterfly-conservation.org/ 

Self-driving vehicles: Legislation needed, says Commons committee

Westminster’s Transport Committee has published its report on the future of self-driving vehicles (SDVs) and how the Government should approach their introduction to the UK’s roads.

The cross-party Committee makes a number of recommendations on how regulations should be updated to tackle concerns about safety and security, dilemmas over legal liability, as well as infrastructure that will be needed to accommodate their introduction.

Transport Committee Chair Iain Stewart MP said:Thanks to the energy and creativity of the self-driving vehicles sector, the UK has a head start in developing a vision for how SDVs could be introduced. The Government’s strategy is one this Committee broadly welcomes.

“Self-driving vehicles are a great British success story in the making and we have a competitive advantage over many other countries. But all that hard work could be at risk if the Government doesn’t follow through and bring forward a Transport Bill in the next Parliamentary session, before the next general election.  

“Widespread take-up of SDVs faces various hurdles, including public confidence in their safety, security and their potential to have knock-on impacts on other road users. If the Government is going to meet its ambitions for self-driving vehicle deployment these knotty issues need to be addressed.  

“We believe the Government should take a cautious, gradual approach, with SDV technologies only initially introduced in well-defined contexts, or else we risk unintended consequences.”

Government urged to legislate

The Committee heard that current laws for SDVs are archaic and limiting, especially concerning testing and legal liability. Witnesses told us the sector is “crying out” for regulation. We commend the work of the Law Commissions and the Government in devising a new legal framework, Connected & Automated Mobility 2025.

That framework has broad support, albeit with more detail needed in some areas. This makes it disappointing that the Government has not committed to legislating in this Parliament to put this framework in place.

The SDVs sector is a British success story, and the UK has a competitive advantage that we must maintain. The Committee urges Government to pass comprehensive legislation in the next parliamentary session to put in place the robust regulatory framework it promised.

This should cover vehicle approvals, liability for accidents, cybersecurity, and the use of personal data. Failing to do so will do significant and lasting damage both to the UK’s SDVs industry and the country’s reputation as a trailblazer.

Government’s definition of safe ‘too weak and too vague’

While it is widely assumed that SDVs will prove safer than human drivers, this is not a given. The Committee heard that optimistic predictions often rely on SDVs becoming widely used on UK roads, which could be decades away, or assertions about human error that ignore other risks.

Safety must remain the Government’s overriding priority as SDVs encounter real-world complexity. Given this, MPs question the Government’s proposed ‘safety ambition’ – that self-driving vehicles will be “expected to achieve an equivalent level of safety to that of a competent and careful human driver” – believing it is “too weak and too vague”. The Government should set a clearer, more stretching threshold.

Greater automation will reduce time spent driving, leading to concerns that drivers may become less practised and therefore less skilled over time. Conversely, the requirement for drivers to be ready to take manual control of a vehicle means a risk of facing challenging scenarios with little notice.

The Committee recommends that Government should set out a strategy for the future of human driving in a world of SDVs. This should include possible changes to driving tests and a plan to ensure all drivers fully understand SDVs. The Committee also argues this should not impose new responsibilities on other road users and pedestrians or make them less safe.

Cybersecurity, road worthiness and legal liability

SDVs pose cybersecurity risks because of their connected rather than automated capabilities. This poses new dangers, which the law must evolve to meet. A safety-led culture will require wide access to data.

Ensuring SDVs are roadworthy will be more complicated than for conventional vehicles as there is more that can go wrong. Legal liability also becomes more complex as it is shared between owner and vehicle software operators.

This may cause problems for the insurance industry. The Government explained broadly how its new regulatory regime will work but accepted that more thinking was needed about how this will work in practice.  

The Committee urges the Government to take a lead on these issues.

What infrastructure will be needed?

Self-driving vehicles will need well-maintained roads – an issue many road users already feel should be a high priority – as well as signage, nationwide connectivity, and up-to-date digital information about the road network.

While some steps have been taken towards this by the Government and public bodies, these preparations are too siloed and divorced from broader planning.

If the Government is serious about SDVs it should ensure meeting their needs is an integral part of future infrastructure strategy.

How could SDVs be used?

The Committee heard there is a range of possible uses for SDVs, including with HGVs, buses, taxis and private cars. It believes that, in time, SDVs have the potential to improve connectivity and provide significant benefits for safety and productivity in industries such as logistics.

However, the Government must take a cautious, gradual approach with the technology introduced only in well-defined and appropriate contexts. As such, the Committee broadly welcomes the Government’s strategy set out in August 2022.

However, without careful handling, there are concerns that SDVs could worsen congestion and exacerbate inequalities in transport access if, for example, self-driving private hire vehicles are unable to offer the same assistance to disabled people as human-driven ones.

Government must ensure the introduction of SDVs is responsive to the wider population and meets the UK’s transport policy objectives, which are the subject of a separate inquiry by the Transport Committee.

Schools Out? Unions reject latest pay offer

COSLA offer condemned as ‘far too little, far too late’

School strikes likely to go ahead this month

UNISON Scotland’s local government committee met yesterday morning (Thursday) and have voted unanimously to reject Cosla’s revised offer outright, which was sent to the union on Wednesday evening.

The union say that unless a significantly improved offer is received by 5pm on Wednesday (September 20th), schools strikes planned for September 26th 27th and 28th will go ahead.

UNISON have written to Cosla to say that “the revision is miniscule and as a result the unanimous decision of our committee is that we reject this offer outright and proceed with strike action on the dates already notified.”

UNISON letter to COSLA here

The letter to Cosla points out that the revised offer represents an increase on the previous offer of only 0.17%. For those on the lowest pay the revised offer represents an increase of only £0.01 per hour, effective from 1st Jan 2024.  Those working full-time and earning £25K or above are being offered no increase on the previous offer, which has already been rejected.

UNISON Scotland head of local government, Johanna Baxter said: “It is deeply disappointing that it has taken COSLA five months since our members rejected the initial offer to present such insignificant changes. 

“We have made very clear that COSLA must put forward a significantly improved offer to avert mass school strikes.  Members of our Local Government Committee this morning described this offer as insulting.

“It is staggering that COSLA have still not approached, and continue to refuse to approach, the Scottish Government for additional funding to make a meaningful improvement to the pay offer. 

“Given the state of local authority budgets we believe this to be a dereliction of the duty to stand up for local government and fight for the funding needed to both properly reward the local government workforce and keep our public services running.”

UNISON Scotland chair of UNISON Scotland local government committee, Mark Ferguson said: “The strike mandate we have is the strongest show of strength by our members in decades – their resolve to fight for the decent pay rise they, and all their colleagues across local government, so richly deserve is clear.”

COSLA’s revised pay offer here

GMB Scotland rejects latest council pay offer as school staff prepare to strike

GMB Scotland has rejected the latest pay offer to council workers and warned time is running out to avert strikes threatening to disrupt schools this month.

The offer from Cosla, representing local authorities, was dismissed as “far too little, far too late” to avert three days of strike action by support staff in schools and early years education.

The union, which represents more than 21,000 workers across Scotland’s 32 councils, said strikes involving cleaning, janitorial, catering and pupil support will now go ahead without a revised offer and urged ministers to intervene.

Keir Greenaway, GMB Scotland senior organiser in public services, said: “The latest offer is no significant improvement on the previous offer that was overwhelmingly rejected.

“Strike action is not something our members ever take lightly but, after a long, frustrating process, they have been left with no choice.

“This offer, like the previous offer, does not come close to maintaining the value of their wages as prices rise. It is far too little and far too late.

“Why should local authority workers in Scotland be offered less than in England? Why should they be asked to accept the unacceptable?

“If Cosla does not have the resource or the will to properly protect the wages of some of the country’s most important workers then the Scottish Government needs to intervene and intervene urgently.”

Members of GMB Scotland and sister trade union UNISON plan to strike in schools in most council areas in a fortnight on Tuesday 26th of September and the following two days.

Earlier this month, the union suspended strike action planned in schools across Scotland to agree concerted action with the other unions.

Industrial action involving school staff not including teachers was suspended in Aberdeen, Clackmannanshire, Comhairle Nan Eilean Siar, Dundee, East Dunbartonshire, Falkirk, Glasgow, Orkney, Renfrewshire and South Ayrshire.

UNITE is still to announce a decision on the COSLA pay offer but it’s members are also likely to reject the deal.

COSLA RESPONSE ON REVISED PAY OFFER REJECTION

COSLA’s Resources Spokesperson Councillor Katie Hagmann responded yesterday: “I am doubly disappointed today, firstly with the rejection itself, but perhaps more importantly, with the fact that they did not take the revised offer to their membership for consideration.

“We have continued to conduct these negotiations in good faith and kept communication channels open at all times.

“We absolutely value all our Local Government Workforce and throughout these negotiations Council Leaders have re-iterated the value we place on the Workforce and the work that they do.

“That is why we enhanced an already strong offer yesterday, with Council Leaders going to the absolute limits of what Local Government can afford.  The simple fact of the matter is that we have no more money available for pay without real cuts to jobs and services.

“It must be remembered that we are talking about a pay package worth over £440 million, specifically targeted at the lower end of our workforce.  A pay package which not only compares well to other sectors but recognises the cost-of-living pressures on our workforce and which would mean the lowest paid would see a 21% increase in their pay over a two-year period.

“Whichever way you cut it, this is a very strong offer in the financial climate we find ourselves.  We have a duty to ensure that services are sustainable within the funding for pay we have available.

“I am disappointed with today’s rejection . However, we will continue to engage as positively as we can with the Trade Unions as strike action is in nobody’s interests.”