Tag: Holyrood

Scottish Budget Bill passed

Further support for councils, culture sector and island ferries

An additional £223 million will be provided to local authorities to support pay awards to staff as part of the 2023-24 Scottish Budget.

Deputy First Minister John Swinney said an improving financial position enabled him to address some pressing asks. The extra money for local authorities comprises a new £100 million for non-teaching staff and the £123 million announced last week for 2023-24 to support a new pay offer for teachers which would see salaries rise by 11.5% from April.

It comes on top of the additional £570 million already included in the local government settlement and takes the total settlement to nearly £13.5 billion.

Opening the Budget Bill Stage 3 debate in the Scottish Parliament, Mr Swinney also announced a £6.6 million increase to Creative Scotland’s budget and promised to fund the revenue cost increases incurred by local authorities managing the inter-islands ferry network.

He said additional funding confirmed by the UK Government in Supplementary Estimate figures this morning had enabled him to go further in 2023-24 – but stressed that the financial position remained exceptionally challenging and would require continued prioritisation throughout the coming year.

Mr Swinney said: “I am very aware of the challenges faced as we manage our way through this cost crisis and this Budget is designed to do as much as we possibly can to assist at this most difficult moment.

“None of this is easy – this is by far the hardest Scottish Budget process that I have led – with the effects of raging inflation being felt against the impact of more than a decade of austerity and Barnett funding down 5% in real terms since 2021-22.

“I hope this additional funding will enable a swift agreement in the Scottish Joint Council pay negotiations so that relevant staff receive a pay increase as early as possible in 2023-24.  

“The Budget strengthens our social contract with every citizen of Scotland who will continue to enjoy many benefits not available throughout the UK. Delivering support for people most in need, in these difficult times, is the foundation of this Budget.

“The Budget that has been set out to Parliament enables us to invest in our public services, to ensure a strong boost to local authority funding and to ensure that we help those who need it the most.”

The Deputy First Minister’s statement to Parliament.

SARAH BOYACK ON SCOTTISH GOVT’S DECISION TO REVERSE CULTURE CUTS

The Deputy First Minister, John Swinney, announced an uplift of £6.6 million for Creative Scotland in his Scottish Budget statement on Tuesday.

John Swinney acknowledged “the calls form Claire Adamson MSP, Convener of the Parliament’s Culture and Constitution Committee to continue to sustain our investment in culture and the arts.” 

In his statement, Scotland’s Deputy First Minister said: “We had asked Creative Scotland to sustain investment next year by utilising £6.6 million from their accumulative Lottery reserves in place of a further year of additional grant funding to compensate for generally lower National Lottery income.

“I am now in a position now to require that and I will provide an uplift of £6.6 million for Creative Scotland for 2023-24 to ensure their reserve funding can supplement rather than replace grant funding.” 

The decision comes following calls from trade unions, artists, cultural organisations and campaigners to reverse the cuts.

Last week, the Scottish Trades Union Congress wrote to John Swinney and Culture Secretary Angus Robertson on behalf of the Musicians’ Union, the Scottish Artists Union, BECTU, Equity, the Writers’ Guild, Scottish Society of Playwrights and the Society of Authors, warning that cutting arts funding is “the wrong choice at the wrong time.”

Commenting, Scottish Labour’s Culture spokesperson, Sarah Boyack MSP said: “I welcome Scottish Government’s U-turn and the decision to reverse the culture cuts.

“The proposals to cut Creative Scotland’s funding should have never been put forward – they simply didn’t make sense and if implemented, would have added to the huge pressure the culture sector is facing because of the cost of living crisis and rising costs.

“Culture workers have been living with uncertainty, precarious and under-paid work for years – the current crisis has only made things worse for them.

“There is so much more that the Scottish Government should be doing now to support the sector. In my own city for example the King’s Theatre needs support now. ”

David Watt, Chief Executive, Arts & Business Scotland, said: “We warmly welcome yesterday’s announcement by the Scottish Government to reverse the proposed £6.6m reduction in Creative Scotland’s funding for 2023/24.

“Arts & Business Scotland serves as the bridge between Scotland’s cultural and business sectors, fostering innovation and cross-sector collaboration and delivering major cultural, social and economic benefits both here and internationally. The success of our nation’s cultural profile relies on this and the creative and cultural sector has an essential role to play in facilitating a thriving and innovative economy.

“Scotland’s creative and cultural sector continues to reel from the aftermath of the pandemic, from rising energy costs and from increasing inflation; so opportunities to maintain ongoing financial support are very much a step in the right direction for both the sector and for the many businesses across Scotland that collaborate with them.

“Indeed we believe the coming together of the arts, culture and business communities can bring innovation and fresh thinking to the economy. Whilst we welcome this renewed confidence in the sector, we now need to look towards a sustainable, longer term future that embrace Scotland’s creative and cultural landscape as a catalyst for social and economic, as well as cultural, change.”

Holyrood report: Employers should invest in mental wellbeing services and flexible working policies

Mental health and chronic pain are having the most significant impact on economic inactivity rates in Scotland, according to a new report from the Scottish Parliament’s COVID-19 Recovery Committee.

The report considers the impact of the COVID-19 pandemic on Scotland’s labour market, looking specifically at long-term illness and early retirement as drivers of economic inactivity.

The Committee found that although the pandemic has not significantly impacted economic inactivity in Scotland, it has clearly highlighted the extent to which a healthy working-age population is required to sustain a healthy economy.

The Committee heard that implementing remote and/or flexible working practices may improve employees’ wellbeing, bring more people into the labour market, including disabled people and people with chronic or mental illness, and support older workers to remain in the labour market for longer.

However, evidence from employers highlighted that many employers, particularly small and medium-sized enterprises, require additional support to implement flexible working and improve reasonable adjustment policies.

The report expresses disappointment that due to budgetary pressures, the Scottish Government’s plans for a ‘Centre for Workplace Transformation’, which would seek to embed some of the learning gained from the pandemic, was not delivered on target in 2022.

Additionally, the Committee noted that best practice from wrap-around employability services, like the Fair Start Scotland programme, which provides tailored support to get working-aged people who are disengaged from the labour market back into employment, should be shared across all of Scotland’s local authorities.

Convener of the Scottish Parliament’s COVID-19 Recovery Committee, Siobhian Brown MSP, said: “Whilst our report found the pandemic has not had a significant impact on economic inactivity levels, issues such as poor mental health and chronic illnesses, are part of the complex challenges to Scotland’s economic and social recovery from COVID-19.

“Increased partnership working between the Scottish Government and employers to support investment in employees’ wellbeing and embedding post-pandemic opportunities for flexible working is crucial to supporting more people into the labour market.

“Remote and flexible working practices could also support more disabled people and those living with chronic health or mental health conditions into the workforce, whilst also enabling older people to stay in the labour market for longer.

“It’s important that as a priority, the Scottish Government sets out what additional support it is providing for employers to develop practical resources to support the adoption of flexible working policies and share best practice, which are vital to improving Scotland’s economic activity levels.”

ROAD-TO-RECOVERY-reportDownload

Community Planning: Holyrood Committee to visit Renfrewshire

The Scottish Parliament’s Local Government, Housing and Planning Committee will visit Ferguslie Park in Renfrewshire next Monday (6th February) to meet with Engage Renfrewshire, a Third Sector Interface, which supports local charities and other not-for-profit groups, as part of an inquiry into Community Planning. 

In November 2022, the Committee launched a new inquiry into Part 2 of the Community Empowerment Act (2015), which changed how community planning is delivered by Community Planning Partnerships (CPPs).

Community Planning aims to improve how organisations such as local government, health boards, and the police work together with other partners to improve local outcomes in an area.

CPPs exist in every local authority to identify priorities, share resources to deliver services for people and are tasked with developing Local Outcomes Improvement Plans and targeted ‘locality plans’ for smaller areas which need more support.

Partners also must work with communities to involve them in community planning.

The Committee held a call for views between November 2022 and January 2023 and will go on to take evidence from stakeholders before sending a report to the Scottish Government in the spring, outlining its findings and recommendations.

Ahead of the visit, Committee Convener, Ariane Burgess MSP said: “Hearing directly from people in Renfrewshire involved in the local Community Planning Partnership will greatly improve our understanding of the impact of these partnerships and how they are helping to support communities across Scotland.

“Our inquiry is looking at the impact of the Community Empowerment Act on community planning and how CPPs have been able to respond to significant events such as the Covid-19 pandemic and the current cost-of-living crisis.

“Throughout this inquiry, we will seek to hear directly from organisations involved in Community Planning Partnerships, such as those we will meet in Fergulsie Park as well as communities and individuals from across Scotland about the impact the Partnerships have had.”

The Committee will hold meetings with Engage Renfrewshire in Ferguslie Park to learn more about the background to CPP operations in Renfrewshire, the Forum for Empowering Communities and examples of local partnership working.

Following this the Committee will visit the Tannahill Centre for an overview of local services delivered as part of the Community Mental Health and Wellbeing Approach and Winter Connection Programme.

Commenting, Dr Alan McNiven, Chief Executive of Engage Renfrewshire, said: “We’re delighted to welcome the Local Government Housing and Planning Committee to Renfrewshire as part of their review of Community Planning.

“Community Planning can be challenging but it’s an approach which can provide Third Sector organisations with the opportunity to establish a strong working partnership with the Public Sector – and in our experience partnership working often creates a great environment for delivering better local outcomes.”

MSP supports campaign to end cervical cancer in the UK 

Foysol Choudhury MSP supports campaign to end cervical cancer in the UK 

This Cervical Cancer Prevention Week (23rd-29th January), Foysol Choudhury MSP is supporting Jo’s Cervical Cancer Trust as they call for action to eliminate cervical cancer in the UK. 

Cervical cancer currently kills two women in the UK every day and the charity is calling for action, innovation, and awareness to help end cervical cancer. 

Foysol Choudhury MSP is supporting Jo’s Cervical Cancer Trust, by encouraging women in the Lothian region to attend their cervical screening when invited, and by supporting the efforts of the HPV immunisation programme.  

Foysol Choudhury MSP said: “Cervical screening and HPV vaccines can both help prevent cervical cancer and I would encourage everyone who can to make use of these amazing cancer prevention tools.  

“Many do not attend appointments for cervical screening when invited. Jo’s Cervical Cancer Trust recognises that attending a screening isn’t always easy, but they are there for you with information and support if you ever need them.

“I applaud the work of Jo’s Cervical Cancer Trust in raising awareness of this important matter. Let’s work together to make cervical cancer a thing of the past.” 

In its latest report, the UK’s leading cervical cancer charity found that only 17% of health professionals working across cervical cancer prevention think enough is currently being done to eliminate cervical cancer in the UK. Only 20% think enough is being done to ensure high levels of HPV vaccine uptake, and just 16% believe that enough is being done to support cervical screening uptake. 

Samantha Dixon, Chief Executive at Jo’s Cervical Cancer Trust said: “A world without cervical cancer doesn’t have to be a pipe dream. The UK has the tools to make it a reality which is incredibly exciting.

“We need Government action to get there as soon as possible, but everyone can play their part. Going for cervical screening when invited, and making sure your child is vaccinated against HPV, will help make cervical cancer a thing of the past. 

“We must also continue to invest in research, improve access to treatments, and banish the stigma and blame that too often comes with a cervical cancer diagnosis. Being forward looking should not mean those living with and beyond cancer get left behind.” 

To get involved with Cervical Cancer Prevention Week, and the #WeCan End Cervical Cancer campaign, follow Jo’s Cervical Cancer Trust on social media or visit the website at jostrust.org.uk.

MSP attends event championing Scotland’s historic environment 

 Foysol Choudhury MSP for Lothian has attended an event held to highlight the role Scotland’s unique heritage has to play in the country’s economic and green recovery. 

The session at the Scottish Parliament was hosted by Historic Environment Scotland (HES), the lead public body that investigates, cares for and promotes the country’s historic environment, including over 300 properties in care.  

The event, How Scotland’s Past Can Support Its Future, championed the important role that Scotland’s historic buildings, sites and heritage sector plays in creating jobs, promoting tourism and supporting the environment. 

Figures from Historic Environment Scotland show the historic environment sector generated £4.4 billion for Scotland’s economy in 2019 and supported 68,000 full-time equivalent jobs in heritage, tourism and construction sectors.  As many as 86 per cent of people also reported a wellbeing benefit from their local heritage. 

The historic environment also has a key role to play in terms of the journey to net zero. A fifth of Scotland’s residential buildings were constructed before 1919 using traditional materials and building skills.  

Making these buildings as energy efficient as possible is a crucial part of the road to net zero, as well as supporting opportunities for re-use and retrofit, helping to boost jobs and skills through the need for skilled labourers and craftspeople. 

MSPs were also updated on progress on the high-level masonry inspections underway at HES to tackle the effects of climate change and other factors on a number of properties in care.  

Since the programme started, HES has been able to reopen or increase access at more than 30 sites, including reopening Dundonald Castle, Burleigh Castle and Inchcolm Abbey, while Doune Castle has almost completely reopened with a safety corridor in place. Inspections have been completed at 25 sites with a further 13 sites due to be completed by spring. 

Foysol Choudhury MSP for Lothian said: “It was great to meet Historic Environment Scotland at the Scottish Parliament, to learn more about Scotland’s heritage and how HES is supporting the economy and journey to net zero.

“I recently raised a question in the Chamber in support of Historic Environment Scotland. I asked the Scottish Government how it plans to ensure that Historic Environment Scotland’s properties will be able to open to a sufficient degree, to allow HES’ revenue to rise as predicted in the budget.

“I look forward to learning more about HES’ projects in the future and to seeing more of these important HES properties open again for the public.” 

Alex Paterson, Chief Executive at HES, said: “Scotland’s historic environment is a part of our everyday lives. It’s our homes and high streets, schools and hospitals. It’s also transport infrastructure like canals and bridges. The historic environment is central to our lives and our sense of place, identity and to our wellbeing.  

“There is clear economic value in investing in the historic environment to deliver these core agendas, with the reuse and adaptation of existing heritage assets being integral to a net zero transition.

“I would like to thank Graeme Dey for welcoming us to the Scottish Parliament and to all the MSPs who came to find out more about how Scotland’s past can support its future”. 

Views sought on disabled peoples’ experience of the labour market

What are the barriers that disabled people face in finding their ideal job is the question that MSPs on the Economy and Fair Work Committee will be asking as part of work into the issue.

Statistics show that people with a disability in Scotland have a lower employment rate than non-disabled people. The Scottish Government also has a target to half the disability employment gap by 2038 within the Fairer Scotland for disabled people – employment action plan. This work will try and identify what barriers exist and what more can be done to help disabled people and employers.

Claire Baker MSP, Convener of the Economy and Fair Work Committee said: “There have been some really good examples of where employers have put in place measures to make sure that everyone, regardless of their background, is able to get and keep a job.

“But we know that this is unfortunately not the case for every disabled person  who is actively looking for employment.

“We want to hear directly from people about these barriers and what more we as policymakers can do to help make looking for a job a more equitable experience for everyone.”

The Committee is asking for those interested in this issue to give us their views. We’ll be asking for views on the following issues:

What progress has been made to reduce and remove barriers faced by disabled people to access Scotland’s labour market?

What are the remaining challenges, and why has progress been difficult?

What policy measures would you like to see to support disabled people and employers to increase participation rates?

What has been the impact of the Covid-19 pandemic on disabled people’s experience of the labour market?

Holyrood’s Net Zero Committee issues missed target warning

Scotland will not meet its ambitious target of being net zero by 2045 without a more empowered local government sector, with better access to the skills and capital it needs to play its full role in the net zero energy revolution.

The Scottish Government must also set out a comprehensive roadmap that gives local government detailed guidance on how it wants the sector to make its full contribution to net zero.

These are the overarching conclusions reached in a report published today by Holyrood’s Net Zero, Energy & Transport Committee, following a year-long inquiry into the role local government should play in helping Scotland achieve its ambitious net zero goal by 2045.

The report calls for the Scottish Government to provide additional financial support to Councils in future budget cycles to help them contribute to national net zero targets.

But it also makes clear that, with estimates of £33bn needed to decarbonise heat in buildings alone*, attracting private investment at scale is essential. It calls on the Scottish Government and its agencies to work with local government on an investment strategy that will increase investor appetite and lead to deals being agreed. It also calls for an expanded role for the Scottish National Investment Bank, to help bring together local government and investors in public-private co-financing.

The Committee calls for an area-specific place-based approach to tackle climate change across Scotland; to ensure all players work together to co-ordinate and report on climate change measures. It calls for Councils to be given the powers they will need to make this place-based approach work.

In the report, the Committee recognises the leadership many local authorities are showing in responding to the climate crisis and says good practice should be more widely shared across Councils. The sector should take a more consistent approach to net zero planning, budgeting and target-setting and embed net zero decision-taking at senior levels within Councils. The report also calls for Councils to set targets covering all emissions in their area, because even in areas where they do not have direct control, they can still have influence.

The report calls for Scottish Government assistance to address a skills deficit at local government level, with the drive to reach net zero making “unprecedented and often highly technical demands” on the sector.

Launching the report, Convener of the Committee, Edward Mountain MSP, said: “Over the course of almost a year of evidence-taking, it’s clear that unless key barriers facing local government are dealt with, we will not reach net zero by 2045.

“Local Government is the layer of democracy closest to communities. They have local knowledge and capacity to lead by example and are also uniquely well-placed to form the partnerships we’re going to need at a local and regional level.

“We saw for ourselves on committee visits across Scotland the leadership and good practice many Councils and their local partners are modelling. But against a backdrop of financial pressure, where Councils feel they are being asked to do more for less, they are struggling to think and plan strategically to maximise their contribution to net zero.

“We hope that the Scottish Government, COSLA and the wider local government sector will pay close attention to the recommendations we have made to enable the scale of transformational and behavioural change required for Scotland to succeed.”

Some of the key recommendations made by the Committee to the Scottish Government include that it should:

  •  create a local government-facing “climate intelligence unit” to provide specialist help to Councils in areas where in-depth specialist knowledge is lacking;
  • allocate larger, fewer and more flexible challenge fund streams for net zero related projects at a local level that better support a holistic and place-based response to climate change;
  • address the churn, repetition and delay in the planning process that is holding up major renewables and other projects necessary to help meet net zero goals and has a chilling effect on investment. The long-term decline in numbers of Council-employed planners must be reversed in order to meet the ambitions of the new National Planning Framework, and one measure it calls for is the introduction of planning apprenticeships;
  • clarify the role Councils will play in an area-based approach to heat decarbonisation and set out the additional support they will be offered in preparation and delivery of their Local Heat and Energy Efficiency Strategies. We want to see the new Public Energy Agency empowered and directed to work with local government on area-based delivery.

The report also says Councils should set out how they will engage with local communities to ensure that the net zero transition is not something imposed on communities, but something that people and groups can help shape, lead and deliver. 

COSLA believes that the Net Zero, Energy and Transport Committee Report out today (23rd January) is a watershed moment for tackling Climate Change.

Cllr Gail Macgregor, COSLA Environment and Economy Spokesperson said: “This report by the Committee on the just transition to a net zero economy is potentially a watershed moment for Scotland in tackling climate change.

“The report is clear that Scotland will not meet its ambitious climate targets without a more empowered Local Government. To empower Local Government, Councils need not just increased funding, but also larger, fewer and more flexible funding streams. This has long been COSLA’s central message, so it is hugely heartening to see it recognised so strongly in the report.

“Climate Change is a challenge we all must face. Local Government is committed, locally and nationally, to leading the net zero transition, but COSLA has been open that local authorities can’t do that effectively without the increased support of Scottish Government. The report by the Committee lays out in the clearest way yet the support that is needed and why.

“The recommendations of the report are mainly directed at Scottish Government, but we need to consider them carefully too. Climate change requires a genuine team Scotland approach and I would hope that this report coupled with last year’s publication by the Climate Change Committee could be the defining moment we have needed to get delivery of the net zero transition on track for 2030 and beyond.

“I commend the Committee for the fullness, diligence and clarity of their report.”

The full report by the Commitee can be read on the Scottish Parliament website here.

* Scottish Government estimate as at October 2021

SNP MSP leads debate on important role of the National Robotarium

Gordon Macdonald MSP for Edinburgh Pentlands led a members debate in Parliament yesterday, highlighting the benefits of robotics, AI and autonomous systems and the important work being developed at the National Robotarium located at Heriot Watt University campus in partnership with the University of Edinburgh.

The motion for debate focused on the National Robotarium’s unrivalled technology and facilities which is central to the development and testing of robotics and AI solutions across the three distinct areas of robotics and autonomous systems, human and robot interaction, and high-precision manufacturing.

Mr Macdonald highlighted the National Robotarium’s role in growing Scotland as a world leading international hub which will require sufficient support to ensure a trained, qualified workforce and the development of a manufacturing base.

Commenting Mr Macdonald said: “I was delighted to have the opportunity to lead my members debate on the National Robotarium, the largest and most advanced applied research facility for robotics and artificial intelligence found anywhere in the UK and located here in the Edinburgh Pentlands constituency.

“On a recent visit to the centre I saw first-hand the incredible work they are doing in their state of the art facility and heard about the aspirations of the centre and indeed the opportunities for Scotland.

“Scotland, unlike many areas of the UK, still has a manufacturing base and the National Robotarium is in a position to move innovative products and services rapidly from laboratory to market, to develop new prototypes, and support early-stage product development within an incubator environment that drives productivity.

“The National Robotarium will be central in creating opportunities for companies to establish, develop and scale up, as well as meeting the future challenges of growth and manufacturing but it is imperative we have a trained workforce so planning for skills is crucial if we are to realise this industry’s potential.”

National Robotarium CEO Stewart Miller, who attended the debate, commented: “I’m grateful to Mr Macdonald for raising this important debate in Parliament and highlighting the work we’re doing at the National Robotarium to build skills and increase the adoption of robotics and AI across all sectors.

“Many of the points raised during the debate clearly illustrate how the expansion of robotics capabilities can positively impact both the economy and society as a whole. The National Robotarium is an important milestone in this story, however, only with increased government support and investment can Scotland and the UK fully realise its potential to become a leading knowledge base and potential manufacturing hub for robotics.”

Alister Jack blocks Scotland’s Gender Recognition Bill

Scottish Secretary Alister Jack has made an order under section 35 of the Scotland Act 1998, preventing the Scottish Parliament’s Gender Recognition Reform (Scotland) Bill from proceeding to Royal Assent.

Oral statement by Scottish Secretary Alister Jack to the House of Commons yesterday in relation to the Gender Recognition Reform (Scotland) Bill:

Mr Speaker, today I will make an order under section 35 of the Scotland Act 1998 preventing the Gender Recognition Reform (Scotland) Bill from proceeding to Royal Assent.

This Order will mean the Presiding Officer of the Scottish Parliament will not submit the Bill for Royal Assent.

This Government believes however that transgender people deserve our respect, our support and our understanding.

My decision is centred on the legislation’s consequences for the operation of reserved matters, including equality legislation across Scotland, England and Wales.

The Scottish Government’s Bill would introduce a new process for applying for legal gender recognition in Scotland.

The changes include reducing the minimum age a person can apply for a Gender Recognition Certificate from eighteen to sixteen, and removing the need for a medical diagnosis and evidence of having lived for two years in their acquired gender.

The Bill would amend the Gender Recognition Act 2004, which legislated for a single gender recognition system across the UK and which received a Legislative Consent Motion from the Scottish Parliament.

The approach taken in the Scottish Government’s Gender Recognition Reform Bill was the subject of intense debate in the Scottish Parliament.

A number of significant amendments were tabled right up until the end of the Bill’s passage.

And the Minister for Women and Equalities corresponded with and met with the Cabinet Secretary Shona Robison to discuss the UK Government’s concerns, before the Bill had reached its final stage.

Mr Speaker, I have not taken this decision lightly.

The Government has looked closely at the potential impact of the Bill and I have considered all relevant policy and operational implications, together with the Minister for Women and Equalities.

And it is our assessment that the Bill would have a serious adverse impact, among other things, on the operation of the Equality Act 2010.

Those adverse effects include impacts on the operation of single-sex clubs, associations and schools, and protections such as equal pay.

The Government shares the concerns of many members of the public and civic society groups regarding the potential impact of the Bill on women and girls.

The Bill also risks creating significant complications from having two different gender recognition regimes in the UK and allowing more fraudulent or bad faith applications.

The Government is today publishing a full Statement of Reasons, alongside the order, which will set in full the adverse effects the Government is  concerned about (see below – Ed.).

Mr Speaker, I would like to address the claims put forward by those who would seek to politicise this decision and claim that this is some kind of “constitutional outrage” and you can hear them Mr Speaker, you can hear them.

The section 35 power was included in the Scotland Act, which established the Scottish Parliament.

This the first time the power has been exercised and I acknowledge that this is a significant decision.

The powers in Section 35 of the Scotland Act  are not new, and this Government has not created them.  They have existed as long as devolution itself.

And we should be clear that the power was included in the Act by the architects of devolution for a reason. Donald Dewar himself noted that the power struck an “important balance”.

The section 35 power provides a sensible measure to ensure that devolved legislation does not have adverse impacts on reserved matters, including on equalities legislation such as the Equality Act 2010.

This is not about preventing the Scottish Parliament from legislating on devolved matters but about ensuring that we do not have legal frameworks in one part of the UK which have adverse effects on reserved matters.

And we should be clear that this is absolutely not about the UK Government being able to veto Scottish Parliament legislation whenever it chooses, as some have implied.

The power can only be exercised on specific grounds – and the fact that this is the first time it has been necessary to exercise the power in almost twenty-five years of devolution emphasises that it is not a power to be used lightly.

In the instance of the Gender Recognition Reform (Scotland) Bill, I have concluded that the bill would have serious, adverse effects on the operation of the Equality Act 2010.

As I set out in my correspondence with the First Minister yesterday, I would prefer not to be in this situation.

The UK Government does all we can to respect the devolution settlement and to resolve disputes.

It is open to the Scottish Government to bring back an amended Bill for reconsideration in the Scottish Parliament.

So to conclude, Mr Speaker, I have set out to the Scottish Government that should they choose to do so, I hope we can work together to find a constructive way forward that both respects devolution and the operation of UK Parliament legislation.

And I commend this statement to the House.

policy-statement-section-35-powers-Gender-Recognition-Reform-_Scotland_-BillDownload

Scotland’s First Minister Nicola Sturgeon told the BBC that the Scottish government will seek a judicial review of the Westminster government’s decision at the Court of Session in Edinburgh.

There’s every possibility that this constitutional wrangle will end up in the UK’s Supreme Court.

Turmoil as Westminster derails Scotland’s Gender Recognition Bill

‘This is a full-frontal attack on our democratically elected Scottish Parliament‘ – First Minister Nicola Sturgeon

Scottish Secretary Alister Jack has made an order under section 35 of the Scotland Act 1998, preventing the Scottish Parliament’s Gender Recognition Reform (Scotland) Bill from proceeding to Royal Assent.

Scottish Secretary Alister Jack said last night: “I have decided to make an order under section 35 of the Scotland Act 1998, preventing the Scottish Parliament’s Gender Recognition Reform (Scotland) Bill from proceeding to Royal Assent.

“After thorough and careful consideration of all the relevant advice and the policy implications, I am concerned that this legislation would have an adverse impact on the operation of Great Britain-wide equalities legislation.

“Transgender people who are going through the process to change their legal sex deserve our respect, support and understanding. My decision today is about the legislation’s consequences for the operation of GB-wide equalities protections and other reserved matters.

“I have not taken this decision lightly. The Bill would have a significant impact on, amongst other things, GB-wide equalities matters in Scotland, England and Wales. I have concluded, therefore, that this is the necessary and correct course of action.

“If the Scottish Government chooses to bring an amended Bill back for reconsideration in the Scottish Parliament, I hope we can work together to find a constructive way forward that both respects devolution and the operation of UK Parliament legislation.

“I have written today to the First Minister and the Scottish Parliament’s Presiding Officer informing them of my decision.”

Reacting to the announcement last night, First Minister Nicola Sturgeon tweeted: “This is a full-frontal attack on our democratically elected Scottish Parliament and it’s ability to make it’s own decisions on devolved matters.

“@scotgov will defend the legislation & stand up for Scotland’s Parliament. If this Westminster veto succeeds, it will be first of many”

The Scottish Secretary will address Westminster later today to further explain the reasons for this unprecedented decision. Doubtless Holyrood, too, will have much to say.