Amendment will align Act with Court of Session ruling
Legislation to amend the Gender Representation on Public Boards (Scotland) Act 2018 has been passed by the Scottish Parliament.
The Act, which was passed by the Scottish Parliament in 2018, sets an objective that 50% of a public board’s non-executive members should be women.
The Gender Representation on Public Boards (Amendment) Bill– will align the 2018 Act with a Court of Session ruling in 2022, which found that the Act’s definition of “woman” was not within the legislative competence of the Scottish Parliament. Therefore, that definition will be removed from the statute book.
Social Justice Secretary Shirley-Anne Somerville said: “Gender equality is at the heart of our vision for a fairer Scotland and making sure women’s voices are heard across society is an important part of that.
“The Gender Representation on Public Boards (Scotland) Act continues to set the objective for 50% of non-executive public board members to be women, helping ensure greater equality at the highest levels of public life.
“The Bill passed today will amend the Act in line with the Court of Session ruling to ensure the statute book is accurate. This amendment does not change the purpose or objectives of the Act, and the Scottish Government remains committed to improving gender equality and representation of women across all areas of society.”
Help for first-time buyers across the country on low to medium incomes
A scheme to help first time buyers and certain priority groups step on to the property ladder has reopened for applications.
The Open Market Shared Equity (OMSE) scheme is available across Scotland to first-time buyers on low or medium incomes who cannot afford the full price of a home.
Successful applicants will be able to buy a home without having to purchase it in full, usually between 60% and 90% of the property’s value, with the Scottish Government owning the remaining share.
Social Justice Secretary Shirley-Anne Somerville said: “Taking the first step on to the property ladder can be difficult for some, especially during the cost of living crisis where we have seen inflation and interest rates push house prices up.
“We recognise that and by reopening the OMSE scheme we are giving help to as many people as possible to own an affordable home by creating a level playing field with other buyers.
“I would encourage anyone who is either a first-time buyer or in one of the priority groups to consider applying through the scheme.”
The Scottish Parliament’s Delegated Powers and Law Reform Committee has welcomed the proposals in the Judicial Factors (Scotland) Bill, which aims to consolidate and update laws related to judicial factors.
However, the opportunity for the Bill to clarify how judicial factors can work with the families of missing people cannot be missed, according to the Committee’s report.
A judicial factor is a person appointed by the court to gather in, hold, safeguard, and administer property, which is not being, or would not otherwise be, properly managed. At present, most judicial factors are solicitors or accountants.
The position has existed for hundreds of years, with the substantive law in the area currently dating back to 1849 and 1889. The Bill also repeals even older court rules, including an Act of Sederunt from 1690.
Through its consideration of the Bill, the Committee has come to appreciate the vital role that judicial factors are able to play in many circumstances including working with solicitors’ firms in certain circumstances, businesses, when partnerships which break down and the estates of deceased people, when needed.
In particular, the Committee has made recommendations which it believes would clarify how a judicial factor can help in cases of missing people. The ability of a judicial factor to step in and manage the affairs of a loved one is a key point raised in the Committee’s report.
To make it clear that judicial factors can be appointed in such cases, the Committee has recommended the inclusion of an explicit statement in the Bill that it is competent to appoint a judicial factor to the estate of a missing person.
The Committee’s report also supports work to improve advertising, guidance and advice to make the Bill more accessible for families and legal professionals who are looking after the estates of missing people.
Stuart McMillan MSP, Convener of the Delegated Powers and Law Reform Committee said:“Most people in Scotland may not be familiar with judicial factors or their work, but during our evidence sessions we were able to learn more about their vital role.
“We are broadly content with the proposals in the Bill, which will update the laws around judicial factors that date back hundreds of years and bring welcome clarity.
“However, we do believe that these updates present the Parliament with an opportunity to go further to really ensure that judicial factors work for the loved ones of people who go missing.”
The Judicial Factors (Scotland) Bill was introduced in response to recommendations made by the Scottish Law Commission.
It is anticipated that the Parliament will consider the Bill in a Stage 1 debate this autumn.
Scotland is facing a huge public health crisis. In recent years, there has been a massive increase in non-healthcare professionals offering medical treatments, often using counterfeit medicines and operating from unlicensed premises.
In addition, two new threats have emerged as a result of new English regulation creating a “border hopping” phenomenon. Firstly, non-healthcare providers from England are travelling to Scotland to take advantage of the void in regulation.
And secondly, under 18s in England, where it is now illegal to have a procedure, are travelling to Scotland where it is still legal. The consequences of this public health crisis will be catastrophic if action is not taken immediately.
To that end, representatives from the Scottish Medical Aesthetics Safety Group (SMASG), British College of Aesthetic Medicine (BCAM), and British Association of Cosmetic Nurses (BACN) met with a cross-party group of MSPs at the Scottish Parliament on Thursday to outline their concerns and call for change.
The meeting was a positive and proactive one, with those present expressing their agreement that urgent action is absolutely necessary.
Jenni Minto (SNP) Minister for Public Health and Women’s Health agreed that action was urgently required and that a decade had been lost since the government created the Scottish Cosmetic Intervention Expert Group to advise on regulation.
Stuart McMillan MSP (SNP) expressed his concern that the lack of regulation was allowing criminal gangs to exploit the situation by selling unregulated and unsafe products that endangered the public.
Miles Briggs MSP (Con) voiced his worries that the lack of regulation would enable another blood borne disease scandal created by non-healthcare providers using unhygienic premises and sharing treatment consumables.
He stated: “The lack of regulation is deeply troubling and makes it easy for people to procure unsafe products from unlicensed sources and could be set to get worse in Scotland if it doesn’t follow the example of England, which is moving to correct some of these issues.”
Foysol Choudhury MSP (Lab) asked if there were accurate statistics showing the scale of the problem and was informed there were not, since non-healthcare professionals are not currently regulated and therefore this information was not held by Scottish or UK Governments.
Jenni Minto explained that codes to track NHS treatments for complications from such procedures did not exist – so statistics were unavailable, and the establishment of such codes was not a devolved matter. However, she agreed to engage with her UK counterparts after the general election to resolve the matter.
Finally, Katy Clark MSP (Lab) expressed her concern that further consultations and delays would result in regrettable public harm and that interim measures were urgently needed now.
Campaigners left the round-table event feeling hopeful, as Jenni Minto agreed to convene a cross-party group in September, after the Parliamentary recess, to fast track an effective solution.
Hamish Dobbie, organiser of the roundtable event said: “Scotland needs action now, even if that requires interim measures.
“I was delighted with Ms Minto’s suggestion for a cross-party group to get consensus and momentum behind new regulation. A quick win would be to bring Scottish Law into alignment with the rest of the UK and make it illegal to provide and target under 18s in aesthetic procedures.”
Campaigners are adamant that to avoid a major public health crisis, a comprehensive approach is required – including stricter regulations, improved public education, and enhanced enforcement of existing laws.
Both the UK and the Scottish Governments have had over a decade to formulate a strategy to combat the crisis which was identified in the 2013 Keogh Report.
Time is running out before unnecessary and wholly preventable loss of life occurs.
Regulations, including safeguards, approved by MSPs
The Scottish Parliament has approved the early release of some short-term prisoners to address the impacts of a recent rapid rise in the prison population.
Under current modelling, based on the criteria set out in the regulations approved by Parliament, around 514 eligible prisoners will be released in four tranches from the 26 June.
Public safety will remain a priority, and underpin all decisions, with safeguards built in. Only prisoners serving less than four years and due to be released within 180 days are eligible for release.
Certain categories of prisoners are automatically excluded and not eligible for early release under the plans; that is any prisoner who: is serving a life sentence, is on the Sex Offenders Register, is subject to a non-harassment order, or who has an unspent conviction for domestic abuse.
As an additional protection, prison governors will have the power to veto the release of any otherwise eligible prisoner, if they deem them an immediate risk to a specific individual or group.
In addition, the regulations ensure that victims will be able to receive information about the release of a prisoner in their case through, or as well as, a named victim support organisation, where the victim has requested it.
Justice Secretary Angela Constance said: “Immediate and urgent action is needed to deal with the significant recent rise in the prison population. The same challenges in prisons are faced across the UK and the UK Government has taken similar action in England and Wales.
“Through this emergency early release plan, backed by Parliament, we are responding to this critical situation and ensuring the safety and welfare of staff and prisoners.
“Protecting the public remains my absolute priority, which is why there are significant and robust safeguards in place and only those due to be released in the next short while are eligible. Releases will also be completed in tranches so the necessary support can be provided to safely resettle released prisoners in their communities.
“We are working with victims organisations to ensure the right information and support is available where needed. In addition, the existing statutory schemes of information for victims will continue to ensure that victims who wish to receive information about an offender’s release, including emergency early release, can do so.
“This is part of a significant package of measures we are taking in both the short and longer term to deal with the continuing rise in Scotland’s prison population, which remains one of the highest in Western Europe.”
TOURIST TAX: Local authorities empowered to invest in tourism
MSPs have backed legislation giving councils a new power to introduce a visitor levy that would raise funding for local visitor facilities and services.
The Visitor Levy (Scotland) Bill will enable local authorities to apply a levy on overnight stays with all money raised to be reinvested in services and facilities largely used by tourists and business visitors. Similar levies already apply in tourist destinations across Europe, including Amsterdam and Berlin as well as in countries outside of Europe, such as Canada.
Councils that want to introduce a visitor levy will be able to do so after they have consulted with local communities, businesses and tourism organisations.
An 18-month implementation period will then apply before any local authorities can introduce a visitor levy scheme in their area. This is to provide adequate time for councils and businesses to put in place the systems needed to collect and administer a levy.
An expert group of representatives from the tourism industry, COSLA and other partners will continue to work together to produce guidance for local authorities putting in place a visitor levy scheme.
Investment Minister Tom Arthur said: “We share a vision with the tourism industry for Scotland to be a global leader in tourism and one of the most economically, environmentally and socially sustainable destinations in the world.
“A visitor levy can help achieve that vision by empowering councils to raise funding, if they wish to do so, that can be invested in local visitor services and activities.
“This Bill has been a clear example of partnership working between the Scottish Government, local authorities and the tourism industry, in line with the New Deal for Local Government and New Deal for Business.
“We have sought to deliver as much flexibility to local authorities as possible and to listen to businesses to make it as easy as possible for them to adopt these measures.”
Councillor Katie Hagmann, COSLA’s Resources Spokesperson, said: “I am extremely pleased that the Visitor Levy Bill has now passed through stage 3 in Parliament. With the introduction of these new Visitor Levy powers, councils across Scotland will have the ability to use a discretionary mechanism, that is firmly based on local flexibility.
“The opportunity of these new powers recognise the great diversity of Scotland’s communities, acknowledging that a one-size-fits all approach does not work. It will allow councils to respond to the needs and circumstances of both the local communities and our important visitor economies.
“The revenue raised through the introduction of visitor levy powers will be to the mutual benefit of residents, tourists and businesses. There will be opportunities for much-needed additional investment, potentially available across a range of facilities and services, from transport and culture to maintaining and improving our world-famous natural heritage and environment.
“The visitor levy is a crucial step towards greater empowerment for local government, and we will continue to progress joint work with the Scottish Government in ensuring the smooth progression of these powers into the hands of councils across Scotland.”
Council Leader Cammy Day has welcomed the Scottish Parliament’s decision to pass the Visitor Levy Bill.
He said: “We will continue to work closely with the sector, @VisitScotland and other partners to develop the scheme in the months and years ahead.”
Former Edinburgh city council leader SNP Cllr Adam Nols-McVey said: “Delighted to see this pass! It took a great deal of work, determination, engagement & collaboration when I led this process & changed @scotgov policy.
“The tourist tax can create investment for Edinburgh to help communities & local businesses thrive!”
The earliest a visitor levy could come into force would be spring 2026.
LAST this week (Wednesday 22 May) leading figures in agriculture, primary food production and land management in Scotland came together with MSPs at Holyrood at a parliamentary reception sponsored by Elena Whitham MSP.
The reception, attended by more than 130 guests, was hosted by the newly constituted Food and Agriculture Stakeholder Taskforce (FAST) and sponsored by Ms Whitham, MSP for Carrick, Cumnock and Doon Valley, to stimulate discussion and understanding with Members of Parliament about what is needed to promote sustainable and profitable agricultural production in Scotland.
Next generation farmers Nicola Wordie from Aberdeenshire and Cameron Wilson from Ayrshire were the main speakers, detailing what they want to see for the future of the sector and what those in the room can do to help them and the wider industry achieve this. The guests were invited to sign a pledge board to champion the industry in the future (see below).
During the evening, FAST Chair Neil Wilson emphasised the significance of the multi-faceted agricultural and primary food production supply chain to Scotland’s economy and the importance of pragmatic policy for its sustainable future:
“Agriculture generates more than £3.3 billion for Scotland’s economy and there are some pivotal decisions being made in parliament in coming weeks that will impact the future economic success, or otherwise, of the nation’s agriculture and sustainable food production.
“At a time when food security, cost of living and environmental pressures put the industry at the heart of matters, last night at Holyrood was an excellent platform to launch FAST as a formalised group and to have direct conversations with those who will be influencing future policy developments.”
Jim Fairlie, Minister for Agriculture and Connectivity also gave an address highlighting the important UK Government deliverable of Scotland retaining at least 17% of the total farm budget going forward.
Mr Wilson, who is also Executive Director of the Institute of Auctioneers and Appraisers in Scotland (IAAS), welcomed the recognition from Parliamentarians of the sector coming together to clarify and constructively address key areas of concern: “FAST is strongly supportive of the principles of co-design and collaboration, and we want to work constructively with government, politicians and other stakeholders to ensure a resilient and thriving farming and primary food production sector in Scotland.
“We know parliamentarians value the support from FAST members who have done a lot to help them understand the complex nuances and interdependencies within Scotland’s farming businesses and how policy changes might impact them.
“The reception gave FAST the stage to remind policymakers of the extensive and varied expertise within the organisation and how easily they can access people to sense check sectoral implications of agricultural policy changes via one body. Since its formation, FAST has aimed to be included at the sharp end of forming policy and how to best support Scotland’s rural economy and people to thrive.”
FAST first met in September 2022 and was recently formalised to speak collaboratively as one voice on common objectives. The aim is to identify the most effective proactive and reactive action for the industry in response to opportunities and threats affecting Scottish food production and farming through changing policy.
FAST has been providing information to MSPs ahead of the amendments being considered at Stage 2 of the Bill in the Scottish Parliament during May. This reflects the group’s desire for policy that supports agricultural businesses and communities and ensuring a robust level of expert scrutiny from the sector.
The 16 founding organisations of FAST are: Agricultural Industries Confederation (AIC), Institute of Auctioneers and Appraisers in Scotland (IAAS), National Beef Association (NBA), National Sheep Association Scotland (NSA Scotland), NFU Scotland (NFUS), Quality Meat Scotland (QMS), Royal Scottish Agricultural Benevolent Institution (RSABI), Scottish Agricultural Organisation Society Ltd (SAOS), Scottish Association of Meat Wholesalers (SAMW), Scottish Association of Young Farmers Clubs (SAYFC), Scottish Beef Association (SBA), Scottish Craft Butchers, Scottish Land & Estates (SLE), Scottish Pig Producers (SPP), Scottish Quality Crops (SQC), Scottish Tenant Farmers Association (STFA)
Scotland Act Order approval will increases borrowing resource to fund vital public services including schools, hospitals and key infrastructure to boost growth
More money to fund vital public services will be at the disposal of the Scottish Government after a motion passed in the House of Commons yesterday that will see their borrowing powers increased in line with inflation.
Scotland Office Minister John Lamont secured the approval of a Scotland Act Order that increases the Scottish Government’s resource borrowing limit from £1.75 billion to £1.78 billion and the capital borrowing limit from £3 billion to £3.05 billion in 2024-25, enabling them to invest further in schools, hospitals, roads and other key infrastructure that will help to grow the economy and create better paid jobs and opportunity in Scotland.
The move upholds the UK Government’s commitment to the new Fiscal Framework agreed in August 2023 between the UK and Scottish governments which included annual uprating and gives the Scottish Government certainty over borrowing limits for the 2024/25 financial year.
UK Government Minister for Scotland John Lamont said: “We have listened to calls from the Scottish Government for greater certainty and flexibility to help them manage their budget. This is a great example of devolution in action and how we can deliver for people of Scotland when our two governments work together.
“The wider Fiscal Framework deal – worth billions of pounds to Scotland over the coming years – builds upon work to support economic growth and provide more high-skill jobs, investment and future opportunities for local people, such as through Investment Zones and Freeports in Scotland.
“The UK Government has made great strides in growing the economy and by halving inflation sooner than forecast. With our direct investment in Scotland now standing at more than £3billion, we are creating opportunities right across the UK.”
In addition to the changes made to the cumulative borrowing limits through today’s Order, the Fiscal Framework agreement also saw the permanent doubling of the resource borrowing annual limit from £300 million to £600 million.
Limits on how much can be withdrawn from the Scotland Reserve to spend in future years was also removed. This boosts spending through borrowing by £90 million in 2024/25. All future limits will increase in line with inflation.
The new arrangements compare with the previous Fiscal Framework, where the Scottish Government’s capital borrowing limit was £450 million per year within a £3 billion cap, as well as receiving a Barnett-based share of UK Government borrowing. Going forward these amounts now rise with inflation instead, which supports additional investment across Scotland and lays the foundations for economic growth.
The funding arrangements for tax continue, with the Scottish Government continuing to keep every penny of devolved Scottish taxes while also receiving an additional contribution from the rest of the UK.
Background:
Scotland act orders in the UK Parliament fully support devolution by facilitating amendments to be made to UK legislation affecting Scotland, to enable Scottish legislation to have full effect, or additional powers to be transferred to Scottish Government ministers.
On average, seven Scotland Act Orders are made each year and more than 250 have been passed since the start of devolution.
The target date for the order to come into force is 17 June 2024, subject to the date of signing.
A search for local heroes from communities across Scotland is underway as the Scottish Parliament announces plans for a special commemorative anniversary event to take place on Saturday 29 June.
Every Member of the Scottish Parliament is being asked to nominate one of their constituents who have made an extraordinary contribution to their communities, their local hero. They will be invited to attend the event on the Saturday 29 June alongside their MSP.
The event will mark almost 25 years to the day since the Scottish Parliament was officially opened on 1 July 1999. Taking place in the Debating Chamber, the day will mark the achievements of the Parliament over the last 25 years as well as being a celebration of Scottish culture.
Presiding Officer of the Scottish Parliament, Rt Hon Alison Johnstone MSP said: “As we prepare to mark 25 years of the first sitting of The Scottish Parliament, it reminds us of the significant political journey that the Scottish people have been on and the progress that’s been made since 1999.
“Our event in June is an opportunity for people from across Scotland to celebrate with us. To reflect on the role that MSPs and the Parliament have had over the past 25 years and the importance of continuing our commitment to our founding principles.
“A cornerstone of this commemorative event will be recognising the extraordinary contribution people from across Scotland make to their communities.
“I look forward to welcoming people from all over Scotland for a day of reflection and celebration.”
Local Heroes have taken part in the opening ceremonies of the Scottish Parliament in 2007, 2011, 2016 and 2021.
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Scottish Conservative and Unionist MSP for Lothian Miles Briggshas criticised the Scottish government on what he calls its ‘shameful’ record regarding the reduction of specialist music teachers in primary schools across Scotland.
It comes following a question asked by Mr. Briggs in the Scottish Parliament on Thursday afternoon about the impact on children and young people of the decline.
In Lothian local authorities, there are 4 teachers in Edinburgh City and 2 in West Lothian, while East Lothian and Midlothian have none between them.
In 2013, there were 5 in Edinburgh City, 5 in West Lothian and 0 in both East Lothian and Midlothian.
There are only 37 teachers for 32 local authorities in Scotland, down from 98 in 2008 – the first year in which the SNP was in power in Scotland – and down from 108 in 2011, when the SNP formed a majority government.
The reduction in specialist music teachers at primary schools threatens to extend the gap in opportunities between state and private education.
Mr. Briggs called on the Scottish government to put aside its pursuit of independence and focus on more pressing matters.
Lothian MSP Mr. Briggs said:“This is another example of the SNP government’s mismanagement of a sector, this time regarding specialist music teachers in primary schools.
“For a country with such a rich musical tradition as Scotland to have just 37 specialist music teachers for primary schools across the country is shameful and something the Scottish government should be embarrassed about.
“In my own region of Lothian, there are just 6 – down from 10 a decade ago – and with none in East Lothian or Midlothian at all.
“No doubt, however, the SNP’s spin doctors will be pinning the blame on Westminster and informing us of how an independent Scotland would be the sound of music.
“They have let down the country, they have let down the voters, and now they have let down the children.
“Young people and children are the ones that will suffer from this continued reduction in specialist teachers and it is high time the SNP focused on the proper demands of the country and stopped prioritising their independence dream.”
