Tag: Holyrood

Campaigners demand new National Planning Framework must do what it says and deliver on climate and nature

Ahead of a Scottish Parliament debate to approve the National Planning Framework 4, Planning Democracy campaigners have called on politicians to ensure that the much welcomed and strengthened emphasis on climate and nature are actually delivered and that appeals from developers are not allowed to undermine these policies.

When considering development proposals planners now have to give ‘significant weight’ to the global climate and nature crises. Given that all built developments will generate climate impacts and impact on nature it will be difficult for planners to decide what developments are needed and what development should be restricted.

Campaigners believe that policies need to be robust enough to give planners the confidence to make bold decisions to refuse environmentally destructive development. Planners must be supported to make decisions that limit carbon emissions and restore nature and these decisions should be upheld and not overturned in planning appeals.

On 22 December 2022, the Local Government, Housing & Planning Committee, whose role it was to scrutinise the new Planning Framework as it was drawn up, issued a report saying that they will be monitoring the effectiveness of NPF4 over the next 6 months, including whether it is delivering on its climate and nature policies.

Campaigners say ongoing effective monitoring is crucial to ensure that what the National Planning Framework 4 says actually gets delivered and that policies are not undermined by developer appeals.

Planning decisions are frequently challenged by developers who have the right to appeal refusals of planning permission.

Clare Symonds from Planning Democracy said: “While we applaud the increased priority given to climate and nature in the new Framework, these ambitions can easily be undermined, if decisions that take into account the climate and biodiversity impacts of proposed developments are routinely overturned at appeal.

“Too often communities report that the threat of appeals by developers leads to approval of environmentally damaging applications that would otherwise not be given permission. The Government needs to limit the rights of developers to appeal in these cases and ensure these laudable environmental policies are properly implemented”.

Views sought on proposals to modernise trusts and succession law

Scots are being invited to share their views on the Scottish Government’s Trusts and Succession (Scotland) Bill. The Scottish Parliament’s Delegated Powers and Law Reform Committee has launched a consultation on the proposed changes, which would modernise the operations of trusts and rules around succession.

The Bill aims to change the law in two areas. It would alter how trusts are administrated and managed and would also change the order of who has a right to inherit when someone dies without a will.

Trusts are used for a wide range of legal purposes that impact on families, businesses, charities and financial institutions. A trust enables assets to be legally owned by one person or entity while a different individual, entity or group of people can benefit from the asset.

The Scottish Law Commission has recommended that both trust law and succession law be updated. Currently Scots law around trusts is largely based on an Act passed in 1921. It is now believed that there are £500 billion worth of assets held in trusts in Scotland today.

The Commission completed a comprehensive review of trust law in 2014, which identified a number of outdated areas of law in need of modernisation. Furthermore, changes to succession law were recommended by the Commission following extensive reform work and public consultations over many years. The Scottish Government is now seeking to change the law around both trusts and succession with this Bill.

The Committee’s scrutiny of this Bill follows its recent work on the Moveable Transactions (Scotland) Bill at Stage 1. In that case, the Committee welcomed the general principles of the Bill, but did raise concerns with the Government about the impact it might have on consumers.

Stuart McMillan MSP, Convener of the Delegated Powers and Law Reform Committee, said:

“Trusts are long established in Scotland. It is thought that assets in trust may hold a combined value of £500 billion in Scotland, yet their significance is not recognised in wider society.

“We would like to understand more about how trusts are used in Scotland and what impact the changes in this Bill might have on Scottish individuals, businesses, charities and institutions.

“We’re particularly keen to hear from professional trustees, whose commercial business includes handling trusts for other people, and lay trustees, who are not acting in a professional capacity in their role.”

In addition to its consultation, the Committee will hold a series of public evidence sessions on the Bill in the spring.

Choudhury: Urgent action needed to tackle housing crisis

“Housing concerns make up over a quarter of my casework – the Scottish Government urgently needs to start prioritising housing for Scotland”

Over the past year, housing issues have made up a significant amount of my casework – currently, approximately 25% of casework is concerned with housing issues (writes Labour Lothian list MSP FOYSUL CHOUDHURY).

Most housing issues that constituents are writing to me about relate to the lack of suitable council accommodation, with many having to live in temporary accommodation.

Recently, a coroner reported that the tragic death of two-year-old Awaab Ishak was a direct result of the black mould in the flat he lived in and constituents have, understandably, been concerned about black mould in their properties. 

The Tory Government has inflicted chaos on the country this year, with a staggering display of financial mismanagement. However, funding for local authorities in Scotland is set by the Scottish government, and it is SNP-inflicted austerity that has left Scotland’s local services under threat.

There has been a cut of more than a quarter to the house building budget. This is a disgraceful dereliction of the duty of this Government to solve our ongoing housing crisis and will lead to less homes being built for those families stuck in temporary accommodation, people sleeping on the streets, or languishing on social housing waiting lists for year after year.

Rapid rehousing transition plans and homelessness prevention are flat, meaning that there will be no more support available for local authorities to deal with the continuing crisis of homelessness, made worse by the supply of new homes being cut off.

NHS waiting times, health issues (including delayed discharge), continue to be a major problem in Lothian, with approximately 11% of my casework being related to these issues.

In Scotland, the length of time that people are having to wait for hospital procedures, outpatient appointments and diagnostic tests has shot up to 776,341 – equivalent to 1 in 7 Scots. Figures have revealed that at the end of September 2022, 2,114 people referred for an outpatient appointment and 7,612 patients waiting for a day case, or inpatient procedure had already been waiting for over two years.

These shocking figures have been reflected by the high number of constituents who have contacted me about the length of time that they are having to wait for appointments, hospital procedures, or the length of time they have had to wait in A&E.

For example, some in Lothian are being told that they may have to wait approximately 70 weeks for some eye laser treatments and over 110 weeks for some exploratory gynaecological operations.

The stress and anxiety caused by such long waits can lead to other mental and physical problems or exacerbate conditions that are already present. Constituents have also contacted me about delayed discharge from hospital due to the lack of social care available, or places in care homes.

Despite the SNP promises to end delayed discharge back in 2015, this practice has soared and in October 2022, an average of 1,898 bed days were lost every day – the worst figure on record.

I will continue to press the Scottish Government on these and other important issues, like the cost of living crisis, and will continue to make representations on behalf of my Lothian constituents as we head into the new year.

Committee concern over lack of information on National Care Service proposals

A Holyrood Committee has reported it’s dissatisfaction with the lack of information about proposals that could see children’s health and social care services integrated into the proposed National Care Service.

The cross-party Education, Children and Young People Committee have been scrutinising the Scottish Government’s proposals – but they have concluded that it is not possible to form a clear view as to whether children’s services should be included under any future National Care Service.

The Committee expressed concern that much of the detail of any future transfer of children’s services to the National Care Service would be delegated to Ministers, preventing the Parliament from carrying our thorough scrutiny of any changes. Furthermore, the Committee was told that research designed to help inform a decision about whether or not to include children’s health and social care services in the service, will not be ready until September 2023.

The Committee also notes the lack of information regarding the financial implications of bringing children’s services under a National Care Service. Its report urges the Scottish Government to model the cost of different scenarios where children’s services are included and excluded from a National Care Service.

Looking at children and young people’s care more broadly, witnesses told the Committee that existing services need to improve, expressing concern about an implementation gap between policy and the reality of delivering those services.

While some stakeholders spoke positively about the approaches taken in their areas, a range of other issues were identified, including challenges accessing services, poor communication and gatekeeping.

Martin Crewe, Director of Barnardo’s Scotland, told the Committee, “…there is frustration that we have all the right aspirations and good intentions but what happens is not always what was intended.”

In addition, the report calls on the Government to clarify its plans for letting young people design services at the very earliest stages of work to create a National Care Service. With a large number of children and young people receiving health and social care support, Members of the Committee agreed that it would be helpful to know how the Government plans to meaningfully engage with them.

Sue Webber, Convener of the Education, Children and Young People Committee said: “We would like to thank everyone who took the time to share their thoughts with us as we scrutinised this Bill.

“The feedback we had has told us that there is not currently enough information about the Bill’s impact on children’s health and social care services for us to form a view about whether this is the right approach for children and young people.

“However, we did hear significant concerns about the way in which these services are operating at present. Therefore, our report asks the Scottish Government to ensure that work on this Bill does not delay the improvements that are needed to children’s services now. Children and young people need to be at the very heart of those discussions.”

This report will now be shared with the Health, Sport and Social Care Committee, which is leading the Parliament’s scrutiny of the Bill.

Gender Recognition Reform Bill passed

Improving the legal recognition system for trans people

The Gender Recognition Reform (Scotland) Bill has been passed by the Scottish Parliament.

The legislation improves the system by which transgender people can apply for legal recognition through a Gender Recognition Certificate (GRC).

Trans people aged 16 and older applying for a GRC will be required to make a legally binding declaration that they are already living in their acquired gender and intend to do so permanently.

The Bill includes safeguards against misuse of the system. It will be a criminal offence for applicants to make a false application. A new statutory aggravator and a risk‑based approach in relation to sex offences strengthen these protections.  

Social Justice Secretary Shona Robison said: “This is an historic day for equality in Scotland with the Gender Recognition Reform Bill being approved by parliament and by members of all parties.

“It simplifies and improves the process for a trans person to obtain a gender recognition certificate – which many currently find intrusive, medicalised and bureaucratic.

“The legislation makes no change to the reserved Equality Act 2010 and that principle is enshrined in the Bill. As I have made clear, the Scottish Government continues to support the provision of single-sex services and the rights of women.

“The passing of this bill is a significant step forward in creating a more equal Scotland, where trans people feel valued, included and empowered.”

Background

Factsheet and background to the Gender Recognition Reform (Scotland) Bill

Citizens’ Panel views on Public Participation to be heard by MSPs

TODAY (Wednesday 14th December), MSPs on the Citizens Participation and Public Petitions Committee (CPPPC) will hear recommendations on how the Scottish Parliament can better engage with the people of Scotland.

Earlier this year, the CPPPC launched an inquiry into public participation, looking at how people’s voices are heard in the work of the Parliament. A Citizens’ Panel, comprised of 19 people broadly reflecting the demographic make-up of Scotland, met in Holyrood throughout October and November to deliberate how the Scottish Parliament can best work with people and communities to ensure their needs are reflected in its work.

Throughout the sittings, the Citizen’s Panel heard from MSPs, Scottish Parliament officials, third-sector organisations and leading academics about democracy and public participation to help facilitate discussion and inform their findings.

The Citizens’ Panel made 17 recommendations on improving how Holyrood’s work involves, reflects, and meets the needs of the full range of communities it represents, focusing on improving engagement for those currently under-represented.

Recommendations from the panel include improving community engagement, how the Parliament uses deliberative democracy, public involvement in Parliamentary business and the way Parliament communicates and educates the public on its work, specifically:

  • Removing barriers to participation so that everyone has an equal opportunity to be involved in the work of the Parliament
  • Legislating to embed deliberative democracy within the Parliamentary process
  • Scheduling specific time in the debating Chamber for individual public questions to be asked
  • Giving the Presiding Officer the power to compel MSPs to give a direct answer to all questions asked.

Five of the panellists, Gillian Ruane, Paul MacDonald, John Sultman, Maria Schwarz and Ronnie Paterson will present their findings to the CPPPC this week.

Following the evidence session, the Committee’s interim report will be published, and the Citizens’ Panel recommendations will go out to public consultation on 16th December for 8 weeks on the Scottish Parliament’s Your Priorities platform.

Commenting ahead of the Committee meeting, Convener Jackson Carlaw MSP said: “The work of the Citizens’ Panel on public participation has been invaluable to our inquiry, bringing fresh perspectives and bold ideas to the table around how Parliament can better engage with individuals, groups and communities from every part of Scotland.

“Ensuring the Scottish Parliament is accessible to a diverse range of people, particularly when developing new laws or policies that affect them, is essential and the recommendations made by the Citizens’ Panel have certainly given the Committee food for thought.

“The Committee will look forward to hearing from panel members this week and learning more about their experiences of the deliberative democracy process and how MSPs and the Parliament can best deliver on their recommendations.”  

Citizens-Panel-Report_FinalDownload

‘Stark and Deeply Concerning’: MSPs say more funding must be found for the justice sector

The Scottish Government must ensure more funding is provided for the justice sector in this year’s budget otherwise the sector could face severe cuts to services and staff numbers, say the Scottish Parliament’s Criminal Justice Committee.

The Committee’s pre-budget scrutiny was primarily focused on the proposed flat-cash settlement for the justice sector set out in the Scottish Government’s Resource Spending Review framework (RSR).

Independent research by the Scottish Parliament Information Centre (SPICe) suggested that if current inflationary pressures persist, this settlement would represent a significant reduction in spending across the justice sector, with resource spending falling in real terms by £102 million, or 3.6%.

The Committee’s report highlights extensive evidence gathered from across the sector outlining deeply concerning scenarios of depleted services and cuts to staff numbers, should the figures outlined in the RSR come to fruition.

The Committee say budgets for capital investment in the emergency services, prisons and courts have invariably been less than requested in recent years and that worryingly, the pressures on public spending and the high rate of inflation, mean budgets for day-to-day running costs are at risk too.

Maintaining current staffing levels in our police and fire services, upgrading the prison estate or investing in efforts to improve the prosecution of sex offences could all be under threat if no further funding is provided.

Criminal Justice Committee Convener, Audrey Nicoll MSP, said: “As a Committee we recognise the huge financial pressure facing government budgets, however the evidence we have taken during this year’s pre-budget scrutiny is stark and deeply concerning.

“We have heard from across the criminal justice sector of potentially severe cuts to services and hefty reductions in police and fire service staff numbers if these funding cuts were to come to fruition,

“Although we welcome the commitment from the Justice Secretary that there will be no cuts to police staff numbers, we want to see this recognised through a suitable budget settlement.

“We understand the difficult decisions facing the Scottish Government in this year’s budget but it is essential that criminal justice services receive appropriate funding and a greater settlement than that proposed in the Resource Spending Review, and that any extra resources do more than simply get swallowed up by increased pay awards.

“Otherwise, there is a substantial risk of services in the justice system being downgraded to unacceptable levels and drastic cuts to staff numbers.”

Read the report

MSP consults on wellbeing and sustainable development bill proposal

Autumn has arrived the the Scottish Parliament with leaves changing from green to gold and the final bits of gardening being done for the year in the landscaped gardens. 18 October 2022. Pic-Andrew Cowan/Scottish Parliament

A proposal to establish a Commissioner with a remit over wellbeing and sustainable development and to strengthen duties on the public sector has been published in a proposal for a Member’s Bill by Lothian Labour MSP Sarah Boyack, and is now out to public consultation.

Boyack hopes her planned Wellbeing and Sustainable Development Bill proposal will introduce a duty for public bodies to promote these principles and establish a Commissioner for Sustainable and Wellbeing in order to address the devastating consequences of short-termism at both local and global scale.  

The Members Bill proposal comes on the back of calls for a Wellbeing and Sustainable Development (Scotland) Bill during the Scottish Parliament election by a large number of individuals and organisations. The proposal builds on the 14 recommendations for policy makers published by the Scotland’s International Development Alliance in their report Towards a Wellbeing and Sustainable Development (Scotland) Bill  and Carnegie UK’s recent Five steps to put wellbeing at the centre of policymaking in Scotland publication.

The proposed Bill seeks to place new definitions of sustainable development and wellbeing into legislation and to bring forward the Scottish equivalent to the Welsh Future Generations Commissioner.

Introducing her consultation, Sarah Boyack said, “The climate emergency demonstrates in real terms the consequences of short-termism. We are now seeing countries that did nothing to aggravate the unfolding environmental catastrophe, bearing the cost for a damage they didn’t cause.

“Future generations in Scotland and across the world will be faced with the results of the actions we take – or not – right here and now. The proposal I am launching today is neither a new nor untested idea. In Wales, the Future Generations Commissioner was established in 2015 and has already made a difference.

“The Scottish Government talks a lot about wellbeing and sustainable development, but it has repeatedly failed to define them, let alone implement them.

“I want to hear from as many people as possible so we can strengthen the legislation currently in place and ensure that Scotland is a country that takes wellbeing and sustainable development seriously both now and for future generation.”

Speaking in support of the proposal; Frances Guy, Chief Executive Officer at Scotland’s International Development Alliance said: “The Alliance is delighted to see the launch of this Members Bill consultation.

“The Bill is an opportunity for Scotland to demonstrate joined-up policymaking, linking global and domestic priorities, alongside human and environmental wellbeing and putting them at the forefront of decision making.  It’s clearer than ever before that our systems are not working for people, or for the planet.

This legislation could trigger a step change in the way decisions are made in Scotland, ensuring sustainable development and wellbeing become the main drivers of policy and practice across public life”.

The Members’ Bill is supported by Carnegie UK, a Dunfermline-based charitable foundation that advocates for putting collective wellbeing at the centre of policymaking.

Sarah Davidson, Chief Executive of Carnegie UK, said: “It is time for Scotland to up the pace on putting wellbeing at the centre of big decisions.

“That means a new commissioner to look after everyone’s interests now and in the future, backed with statutory powers. That means policies and spending-decisions which balance the needs of the economy with other social, environmental, and democratic imperatives. It means longer term thinking, after a decade of crisis management at home and abroad.

“That’s why we’re pleased to see Sarah Boyack’s Members’ Bill and would urge forward-thinking organisations and individuals to get involved in this consultation.”

To see the full proposal and to respond to the consultation please visit https://sarahboyack.com/wellbeing-and-sustainable-development-bill/

Cross-Party Group Bangladesh at the Scottish Parliament

CPG Bangladesh 

Speaking after the AGM and second Cross-Party Group meeting on Bangladesh held on 30th November 2022 at the Scottish Parliament, Foysol Choudhury MSP said: “It was great to host the Cross-Party Group on Bangladesh meeting for the first time in person at the Scottish Parliament.

” I was pleased that it received cross-party support from my colleagues Miles Briggs MSP, Sarah Boyack MSP and Kaukab Stewart MSP.

“Saida Muna Tasneem, the High Commissioner of Bangladesh, also joined us from London and spoke of the great bilateral relations between our nations and of her visit to Scotland last year during COP26, when H.E. Sheikh Hasina, Prime Minister of Bangladesh, visited the Scottish Parliament.

“The Assistant High Commissioner, Kazi Ziaul Hasan, gave an excellent presentation on the current situation of Bangladesh regarding its economic growth, developing regional connectivity, increase in education enrolment,  climate change impacts on Bangladesh, the Rohingiya crisis and UK -Bangladesh trade relations. 

“The CPG was very well attended by local community organisations and professionals from the Bangladeshi community as well as politicians Cllr Nurul Hoque Ali of Aberdeen, Cllr Naz Anis Miah of Fife and Cllr Lynn Wardlaw of Dunfermline.

“During the meeting, we discussed at length climate justice and adaptation, with many attendees expressing their concerns on the progress made since COP26 in Glasgow and potential delays in loss and damage funding release.

“We also discussed improving the travel and tourism industry to make Bangladesh appeal to an international market and create better connectivity with the world to attract visitors.

“When I was first elected in May 2021 as the first Bangladeshi-born MSP, I knew that I wanted to establish and convene a CPG on Bangladesh with the aim of promoting and enhancing understanding between Scotland, the UK and Bangladesh. I have worked very closely in the past year with the High Commission of Bangladesh in the UK to strengthen ties with Scotland and Bangladesh.

“The purpose of the CPG on Bangladesh aims to promote and enhance understanding between Scotland and Bangladesh at cultural, social, academic, political and economic levels.

“It has a focus on trade and investment, tourism and education. It also gives the opportunity for community members and anyone interested in Bangladesh to meet with their policy-makers to raise concerns and ways we can collaborate together to further contribute to the development of Bangladesh and ensure that it becomes a climate-resilient nation.

“I look forward to advancing the mutual interests of Scotland and Bangladesh and to representing the interests of people and organisations with Bangladeshi backgrounds living and working in Scotland. I hope the CPG can act as a forum for the Community living in Scotland.”

Secondary breast cancer highlighted at Scottish Parliament

A charity supporting secondary breast cancer patients took its campaign to be heard to the Scottish Parliament from the 29th November to the 2nd December.

Edinburgh-based Make 2nds Count is highlighting the shocking toll of the disease which claims 1000 lives each month in the UK – an average of 31 deaths every day – and its pioneering Patient Trials Advocate service (PTA).

Make 2nds Count raises awareness of secondary breast cancer, a form of the disease which has spread beyond the breast to other parts of the body. Also known as metastatic, advanced or stage IV breast cancer, it currently affects around 35,000 people in the UK. 

It is incurable but can be treated and the charity has developed the PTA service to introduce patients to clinical trials which can help to improve outcomes and extend life.

The initiative, the first of its kind in the UK, started in Scotland through nurses based in Edinburgh, the Borders, and the Highlands, and has recently been extended across England, Wales, and Northern Ireland.

The Make 2nds Count team is in the parliament building for the next week staging an exhibition highlighting its work and the signs of secondary breast cancer.

Emma Hall, Head of Operations for Make 2nds Count says: “Secondary breast cancer is a little-known form of the disease and we are delighted to have this opportunity to raise awareness of it and our work, particularly the Patient Trials Advocate service.

“We would like to thank the Scottish Parliament for the chance to get our message across to such an influential audience.”

To find out more about Make 2nds Count and the Patient Trials Advocate service visit: 

https://www.make2ndscount.co.uk/funding-research/patient-trials-advocate/ 

Photo Caption: MSPs pictured in the Scottish Parliament buildings on Wednesday 30th November supporting Make 2nds Count and their work campaigning for more research, support and education for the Secondary Breast Cancer community across the UK