Right to healthcare, strikes and an adequate standard of living proposed
A written constitution developed by the people in Scotland and their elected Parliament would help a newly independent Scotland take on the challenges of the future, according to First Minister Humza Yousaf.
Speaking ahead of the launch of the latest ‘Building a New Scotland’ prospectus paper detailing the plans, the First Minister said the drafting of a new constitution would enable people in Scotland to shape the new country.
The Scottish Government favours a constitution which would include:
recognition of the NHS in Scotland, giving the right to access a system of health care, available free at the point of need
stronger protections for human rights and equality, including upholding and fulfilling the right to an adequate standard of living as defined by the Universal Declaration of Human Rights
the right for workers to take industrial action
a constitutional ban on nuclear weapons being based in Scotland
The fourth paper in the ‘Building a New Scotland’ series will set out more details on the proposals and the evidence that informs them.
First Minister Humza Yousaf said: “Our proposals would provide an opportunity for people in Scotland to shape the newly independent country and create a permanent, modern, written constitution to describe the type of country Scotland would be and how it would be governed.
“Successive UK Governments have taken Scotland in the wrong direction and with independence we would radically shift where power lies and put it back in the hands of the people who live in Scotland.
“The constitution would set out how democracy, rights and equality would be at the heart of everything we do as an independent nation.
It will see the introduction of a constitutional right to heath care available at the point of need, a right to an adequate standard of living as defined by the Universal Declaration of Human Rights and protection for workers to take industrial action. And, what we will not see under these proposals, are nuclear weapons on the Clyde. This proposed constitution would ban nuclear weapons from an Independent Scotland.
“With rights in Scotland under threat as never before, because of the actions of the UK Government, and the Scottish Parliament being undermined, independence has never been more urgent or essential.”
The previous three papers have set out evidence showing independent countries comparable to Scotland are wealthier and fairer than the UK; how Scottish democracy can be renewed with independence; and the macroeconomic framework, including currency arrangements, for an independent Scotland.
Are you 25 or under and passionate about issues such as climate change, equality, poverty and your community? Or do you know someone who is? If so, then you might be interested in the forthcoming elections for the Scottish Youth Parliament (SYP).
The SYP represents Scotland’s young people and democratically elected members listen to and recognise the issues that are most important to young people, making sure their voices are heard by decision-makers. It is a highly rewarding role that requires passion, determination and, perhaps most importantly, commitment.
All young people aged between 14 and 25 can stand for election and anyone aged between 12 to 25 is eligible to vote.
This year’s elections will be held in November and applications are open until 31 July.
Before then, interested young people can find out more and begin the application process on the SYP website which is open until 31 July.
Information sessions will be held and there is support available from the SYP and from Edinburgh’s Youth Work Team.
Beau Johnston, Member of the Scottish Youth Parliament for Edinburgh Central, said: “I felt so well supported and was pushed out of my comfort zone constantly – but in the best possible way.
“My confidence has improved, and I have learnt many new skills. I feel grateful to have met so many inspirational people throughout this process, and to have worked with them on issues that I am so passionate about.”
Cllr Joan Griffiths, Education, Children and Families Convener, for the City of Edinburgh Council, said: “This is a really exciting opportunity for young people to join the Scottish Youth Parliament and make their voices heard.
“The Parliament has a proud history of delivering youth led campaigns that deliver meaningful change and have led to many improvements to the lives of young people not just here in Edinburgh but across Scotland. I would encourage anyone interested to apply and see if you can really make a difference.”
The Scottish Parliament’s Local Government, Housing and Planning Committee is holding a session on community councils to coincide with the 50th anniversary of their establishment in Scotland, with two panels of witnesses scheduled to give evidence.
As part of the first panel the Committee will hear from Jackie Weaver who rose to fame after a video of her managing a virtual meeting of Handforth Parish Council went viral in 2021.
The Committee has invited Jackie Weaver to share her insights and experiences in local governance and management, particularly in relation to supporting parish councils.
The Committee will also hear from a panel of community councillors representing Edinburgh, Shetland, Aberdeenshire, West Lothian, Moray, Clackmannanshire and Cambuslang in South Lanarkshire who will provide evidence in a roundtable format.
The session is part of the Committee’s ongoing work looking at the Scottish Government’s Local Governance Review which aims to reform the way that Scotland is governed to give greater control to communities.
Ariane Burgess MSP – Green
Commenting ahead of the meeting, Committee Convener, Ariane Burgess MSP said: “Fifty years on from the establishment of Community Councils, it’s important that we recognise and celebrate the contributions that individuals and groups involved make to their communities.
“We also hope this session can contribute towards shaping the Scottish Government’s Local Governance Review, ensuring communities continued to be empowered and supported to do so in the decades ahead.
“The Committee are looking forward to welcoming Jackie Weaver and Community Councillors from all over Scotland to share their experiences of community involvement in decision making, and their views on how this can be improved.”
YESTERDAY the Boundary Commission for Scotland released its proposals to redraw the boundaries of Scottish Parliamentary constituencies (writes Edinburgh Western MSP Alex Cole-Hamilton).
As Scotland changes, this review is mandated of the commission, so that population growth in some areas and decline in others is reflected in how areas are represented in the Scottish Parliament.
The proposals for West Edinburgh redraw our constituency entirely, with the communities of Kirkliston, South Queensferry, Cramond, Cammo, Barnton, Davidson’s Mains and Muirhouse all removed from Edinburgh Western Constituency and combined with the towns of Linlithgow, Broxburn and Uphall to create the new constituency of Edinburgh Forth and Linlithgow.
Corstorphine, East Craigs, Craigmount and Drylaw and Blackhall will remain in Edinburgh Western and the seat will expand East to include Inverleith, Stockbridge, Murrayfield and Ravelston. Part of South Gyle will now move to Edinburgh Pentlands.
The Commission has now embarked on a 4 week consultation of the proposals. I’m keen to reflect the views of my constituents as best I can so please let me know what you think in the comment thread below (Mr Cole-Hamilton was posting this information on local community council Facebook pages).
As I’m posting across 12 groups, I won’t be able to respond to comments, I’m afraid but I will take note of them all.
Additionally, please make your views known to the Commission directly through their consultation website:
Women from across Scotland are being invited to attend an event at the Scottish Parliament which aims to inspire them to get involved in politics.
Elect Her, in partnership with the Scottish Parliament, is organising a day to celebrate women in political power on Saturday 24 June and is calling on women from all ages and backgrounds from across Scotland to apply to be part of it.
Comhairle nan Eilean Siar, Moray, Perth and Kinross, Stirling and South Ayrshire have some of the lowest rates of women participating in politics and women from these areas in particular are encouraged to join us.
Rt. Hon Alison Johnstone MSP, Presiding Officer of the Scottish Parliament said: “The Parliament has made good progress on equal representation, but we can’t take anything for granted and there is still much more to do.
“We need women across Scotland to join us to learn from and inspire one another to become politically engaged and active.
“Only by inspiring and engaging those who would never have thought politics was for them will we create a more equal distribution of political power across all levels in Scotland.”
Hannah Stevens, Chief Executive of Elect Her said: “We are really excited to be returning to the Scottish Parliament on 24th June, following the success of our event in 2019. If we want our democracy to truly work for all people in Scotland, we need women in all of their diversity represented across every sphere of politics.
“We’re not short of women who care and are working for change in Scotland, and it’s these women we need in the corridors of power. We’re hoping you’ll join us at Scotland’s Women GatHER to explore your role in Scotland’s democracy, come together in celebration with fellow women to discover how we can lead the change in politics.”
The day will consist of a programme of free workshops and activities as well as hearing from stories of women already in elected office. For those unable to travel, there will also be regional hubs based across Scotland and online workshops to enable women from across the country to take part remotely.
The event comes on the back of the publication of the Gender Sensitive Audit which aims to increase representation and participation of women in the Scottish Parliament.
UK Government plans to impose minimum service levels on public services during strike action are likely to be incompatible with human rights law in their current form, the Joint Committee on Human Rights has found.
In a report published following legislative scrutiny of the Strikes (Minimum Service Level) Bill, the Committee finds that reforms that would make it easier to sack striking workers and leave unions at risk of million-pound fines do not appear to be justified and need to be reconsidered. The Committee finds that it would be possible to introduce minimum service levels in some sectors in a way that is more likely to be compliant with human rights law.
While the European Convention on Human Rights does not include a ‘right to strike’, Article 11 which guarantees freedom of association has been interpreted to cover the taking of strike action. This requires that any restrictions on strike action must be “in accordance with the law”, which requires its consequences to be foreseeable to those affected. Changes to the law must also meet a “pressing social need” and be proportionate to the aim being pursued.
The Joint Committee finds that the Government’s Bill risks failing to meet these benchmarks in its current form. Ahead of the Committee Stage in the House of Lords on 9 March, it has called on the Government to reconsider the legislation and ensure it meets the UK’s human rights obligations. The draft report includes five proposed amendments to the Bill intended to rectify key concerns.
The Government brought forward the Strikes Bill in response to growing industrial unrest and strikes in a number of sectors, including transport, health and education. It has argued that legislation is needed to provide greater protection to the lives and livelihoods of those that may be disrupted by industrial action in key public services.
The Bill would allow ministers to set minimum service levels on public and private services subject to strike action. The employer would then be given the power to issue a ’work notice’ to a trade union, identifying who will be required to work and the work needed to meet the minimum service level.
Individual employees who failed to comply with a work notice would lose legal protections against dismissal. Trade unions who failed to take steps to ensure notices were complied with could be required to pay damages of up to £1 million.
The Joint Committee warns that the Government has not made a compelling case that such measures are necessary and finds that the Bill as drafted contains inadequate protection against arbitrary use and is unclear.
Under the European Convention on Human Rights, restrictions on strikes must meet a ‘pressing social need’. However, the Government has not proven that existing strike laws and voluntary minimum service levels are insufficient across all the sectors identified in the Bill.
Claims that strike action in the sectors named in the Bill has caused significant and disproportionate damage to the public and wider economy have not been backed up with sufficient evidence, with the Government providing supporting data for the costs of previous transport strikes only.
Measures that interfere with the right to free association must be proportionate. This is more likely to be achieved if minimum service levels are established though negotiation and disputes resolved through independent arbitration. The Government has previously accepted that such an approach would work, in the Transport Strikes Bill introduced in October. The Bill, which would abandon this in favour of the Secretary of State imposing minimum service levels by regulations, risks failing to meet the requirement of proportionality.
Penalties for employees and unions who don’t meet the Bill’s requirements are high and potentially disproportionate, the Joint Committee finds. It calls on the Government to reconsider whether less severe measures would be more appropriate, particularly where a strike does not involve essential services. Existing penalties, such as loss of pay or suspension would be more appropriate in such cases.
The Bill has insufficient clarity in several key areas, the Joint Committee finds. Trade unions would be required to take ‘reasonable steps’ to ensure their members comply with a work notice, however the Bill does not provide sufficient detail to ensure they will know when this duty has or has not been met.
The definitions of the services in respect of which minimum service levels could be imposed are currently too vague, meaning that ‘education services’ could include private tutors and ‘transport services’ private taxi drivers.
Chair of the Joint Committee on Human Rights, Joanna Cherry KC MP said: “The Strikes Bill will be debated in the House of Lords this Thursday and needs amending to resolve some of the deep flaws it has.
“If this proposed legislation becomes law in its current form, ministers would have the power to set minimum service levels that would leave striking workers at risk of the sack if they are not met, and unions liable to million-pound fines. Yet, the Government has not proven that such draconian measures are needed or that the current framework is inadequate.
“Heavy-handed sanctions are compounded by vague rules that would leave striking workers and unions in confusion as to whether they had been met or not. The sectors included in the Bill are also ill-defined, risking over-reach into areas only tangentially linked to the maintenance of vital public services. This means the Bill, in our view, is likely to be incompatible with human rights law which provides a right to association and with it, protection for strike action.
“The Government needs to think again and come back with legislation that better respects the protections guaranteed by the European Convention on Human Rights.”
Two pupils from a high school in Cumbernauld will address over 350 women in the debating chamber of the Scottish Parliament tomorrow (Saturday 4 March) as part of this year’s International Women’s Day event.
Zara De Almeida and Grace Lennon both in S5 at Our Lady’s High School, Cumbernauld, will address this year’s theme of breaking the bias, at the event which is held jointly with the Scottish Women’s Convention.
The First Minister the Rt Hon Nicola Sturgeon MSP will also address the Chamber, along with comedian Susan Morrison and academic Dr Radhika Govinda.
The Presiding Officer, the Rt Hon Alison Johnstone MSP, speaking ahead of the event said: “The Scottish Parliament has celebrated International Women’s Day with this event for over 15 years, inviting women from across Scotland to address collectively the challenges they face.”
Agnes Tolmie, Chair of the Scottish Women’s Convention said: “Women make up more than 50% of the Scottish population and we have still not achieved equality.
“However, when we look at the wonderful work done by women in Scotland we have every reason to celebrate. We are looking forward to an afternoon of inspiring and motivational contributions which showcase Scotland’s achievements in working for a fairer society.”
Women from across Scotland will join the event at the Parliament, including 60 high school pupils from S4 to S6 from Our Ladies High School, Cumbernauld; Drumchapel High School; Govan High School; St Ninian’s High School, Kirkintilloch; University of Edinburgh’s Women in Politics society; and members of the Digital Dairy Chain from the University of Strathclyde.
The event will be broadcast by the Scottish Parliament and will begin at 2.00pm on Saturday 4 March.
The candidates standing in the forthcoming Corstorphine/Murrayfield Council by-election, which will take place on Thursday 9 March, have been announced.
The by-election will elect one councillor from nine nominated candidates to represent the ward along with two existing councillors.
The candidates standing for election are (in alphabetical order):
Fiona Bennett, Scottish Liberal Democrats
Richard Fettes, Scottish Family Party: Pro-Family, Pro-Marriage, Pro-Life
Hugh Findlay, Scottish Conservative and Unionist
Pete Gregson, Independent
Elaine Miller, Independent
Richard Parker, Scottish Labour Party
Donald Rutherford, Scottish National Party (SNP)
Gary Smith, Scottish Libertarian Party
Chris Young, Scottish Green Party
Andrew Kerr, Chief Executive of the City of Edinburgh Council and Returning Officer, said: “Now that nominations have closed, residents in the Corstorphine/ Murrayfield ward can begin to think about who they will vote for in March.
“The role of our councillors is extremely important to the democratic process, with responsibility for some of the most important decisions our city can face. Therefore, I would encourage as many residents as possible to participate in the by-election. It’s crucial that you make sure you’re registered to vote by midnight on 21 February. Anyone can also register for a postal vote before 22 February.
“The by-election will use the Single Transferable Vote (STV) system where voters can rank candidates in order of preference using numbers rather than a single cross. Voters can choose to vote for as many or as few candidates as they like. We will announce the result once the votes are counted after polls close at 10pm on Thursday 9 March.”
Poll cards will be delivered to registered voters in the area from today (Tuesday 7 February) including further information on when and where to vote.
Polling stations will be open from 7am to 10pm and will be at:
Murrayfield Parish Church Centre
Saughton Crescent Scout Hall
BT Murrayfield
Corstorphine St Ninian’s Church Hall
St. Anne’s Parish Church Hall
10th Craigalmond Scout Hall
Corstorphine Library
Carrick Knowe Parish Church Hall
Tesco Extra
The by-election follows the resignation of Councillor and former Lord Provost Frank Ross in December.
