Abuse survivors in Scotland must not be forced to sacrifice their legal rights to protect the very organisations which allowed abuse to take place in the past, lawyers said today.
Kim Leslie, spokeswoman for the Association of Personal Injury Lawyers (APIL) and partner at Digby Brown was commenting ahead of debate about the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill in the Scottish Parliament today.
“As it stands, survivors of abuse who seek redress through the new scheme will have to waive their legal right to compensation afterwards,” said Ms Leslie. “This, apparently, is to give the organisations where abuse has taken place an incentive to fund the new scheme.
“But many survivors will not be aware until it is too late that the new redress scheme, while well-intended, will not always necessarily be their best option of receiving the compensation they need to help rebuild their shattered lives.
“Childhood abuse can have a lifelong effect, with some survivors finding themselves unable to maintain relationships, or hold down jobs because of the trauma they suffered,” she said.
“Even the maximum £100,000 payment available under the scheme may be nowhere near the appropriate amount of compensation for some survivors. You cannot heal from childhood trauma of this nature in the same way as if you’d broken a wrist or ankle.
“Finding the courage to seek redress in the first place is difficult enough. To then find you are expected to sign away your legal rights is unfair and unjust.”
Scotland’s ability to legislate in areas such as food, health and environmental standards is being undermined in a “systematic attack” on devolution, according to Constitution Secretary Michael Russell.
A report published yesterday by the Scottish Government shows the extent to which the Scottish Parliament’s devolved powers are being eroded by the UK Government following the 2016 Brexit vote.
AFTER BREXIT: The UK Internal Market Act & Devolution sets out how:
the Scottish Parliament’s views on Brexit have been ignored by the UK Government
terms of reference designed to agree Brexit negotiating objectives among the UK’s four governments were disregarded
the UK Government and Parliament now regularly legislate in devolved policy areas and adjust the powers of the Scottish Parliament without the consent of the Scottish Parliament
UK Government Ministers have taken powers to spend in devolved areas
Most notably, the recently passed UK Internal Market Act allows the UK Government to in effect impose standards in a large number of areas that are devolved.
It means the Scottish Parliament could have its hands tied if it wants to stop the sale of hormone injected beef, regulate food content to prevent obesity or ban single-use plastics to protect the environment, the report sets out
The report also details how the Act is being used by the UK Government to divert funding that would otherwise come to the Scottish Parliament to decide how it should be spent.
One example is the UK Government administered Levelling Up Fund for infrastructure projects, which is bypassing any Scottish Parliament involvement in around £400 million of expected consequential funding.
Additionally UK Government Ministers now have the power to extend to Scotland’s NHS the controversial market access principles that the Act introduces.
Mr Russell added: “Devolution has helped to move Scotland forward, building on the fundamental principle that the Parliament and Government elected by the Scottish people should make decisions for Scotland.
“But since the Brexit vote there has been a systematic attack on the Scottish Parliament’s powers, fundamentally undermining devolution.
“Bit by bit, the settlement that secured 74% support in the 1997 devolution referendum, is being unpicked under the cover of Brexit and without the consent of Scottish people.
“This is not a big bang abolition – it is instead the slow demise of devolution in the hope that no-one will notice.
“The UK Government has signalled its desire is to ‘undo’ devolution and it is now repeatedly using its majority at Westminster to impose laws in devolved policy areas.
“Most alarming of all, the Internal Market Act has substantially weakened the Scottish Parliament’s powers.
“The Act is going to have a very real impact on everyone in Scotland. The Scottish Parliament’s ability to ensure high levels of food standards and stop the sale of single-use plastics could be rendered obsolete – undoing devolution and undermining Scotland’s ability to directly shape its future.
“UK Government Ministers also now have the power, at a stroke of their pen, to subject Scotland’s NHS to the market access principles the Act introduces.
“That is why we will continue to resist the damaging effects of this Act in every way possible, and why we are bringing forward an independence referendum Bill – to keep Scottish powers in the hands of the Scottish people.”
With nine weeks to go until the Scottish Parliament Election, Edinburgh’s citizens are being urged to think about how they are going to vote.
People living in the capital will join voters across the country to elect MSPs to represent them at Holyrood on Thursday, 6 May.
While most people who registered to vote in the last UK Parliamentary General Election will still be eligible to take part in the Scottish Parliament Election in May, first time voters or anyone who has since moved house will need to make sure they are registered.
On polling day there will be additional hygiene and distancing measures at polling places to keep voters and staff safe. These include a fresh pencil for each voter, protective screens for polling staff, one-way systems in some venues and limits to the number of voters in polling places at any time.
If voters do not want to go to a polling place to vote they have the option of voting by post. Anyone can apply for a postal vote and this should be done as soon as possible.
Andrew Kerr, Chief Executive of the City of Edinburgh Council and Returning Officer for the Edinburgh constituencies and the Lothian Region, said: “We have experienced a real enthusiasm for taking part in the democratic process in this city over recent years and we want this to continue for the forthcoming Scottish Parliament Election.
“We’re encouraging people to think now about the way they vote and make sure they’re registered in plenty of time. Polling places will be safe places to vote but you may want to consider using a postal vote.
“More postal votes would help us reduce the impact of social distancing measures and any hesitancy among voters who don’t want to attend polling stations or risk queuing. We would also suggest you apply now to make sure the application can be processed in plenty of time.
“Anyone unsure about how to register, where to vote or how to vote by post can find more information on the Council website.”
Voters have a range of options for casting their ballot – in person, by post or by appointing someone they trust to vote in their place, known as a proxy vote. For those who choose to vote in person, polling stations will be following all public health guidance on 6 May.
The deadline to register to vote is midnight Monday 19 April, to apply for a postal vote the deadline is 5pm on Tuesday 6 April, and for a proxy vote the deadline is 5pm on Tuesday 27 April.
Find out more about voter registration and the election, including the safety measures we’re taking to ensure polling stations are safe and covid secure, on the Council’s website.
Those who were looking to vote in new local councillors will have to wait, though – the local government elections won’t be held until 5th May 2022.
Campaigner Rebecca Bell is welcoming the news that the First Minister has told parliament that parents with a baby under the age of one can have assistance with childcare, using a new exemption for indoor visiting.
Rebecca Bell, the mental health spokesperson for the Scottish Liberal Democrats, had launched a petition to allow for ‘bubbles’ for those with newborns, like they have in place in England and Wales.
She was prompted to do so after speaking to her friends with children in Leith, and also during phone canvassing in recent months, she and other volunteers kept hearing how much parents were struggling.
Speaking after the announcement at Parliament, Rebecca said: “We’ve been campaigning for this since last year, so I’m delighted to hear that finally parents with a baby can get some much needed support in their homes.
“This is so vitally important for the mental health and wellbeing of new families, but also for the development of these babies to interact with other people. Most of these children were born during lockdown.
“However, I will continue to stay in touch with those I’ve spoken to, to see if this restriction edit goes far enough. My petition called for a full baby bubble – like families in England have enjoyed since the start of December, and since last month in Wales.
“What the Scottish Government are introducing is not quite the same. As we ease restrictions there may still be a case for allowing bubbles, such as the one we (rightly) offer here to single parents.I believe a bubble is a more stable arrangement for planning childcare in the next few months, so I will be monitoring the success of this policy closely.
“Now we have eclipsed a year into this pandemic, it’s easy to see why fatigue has set in and mental health has been put under strain. Anyone with a newborn is sleep deprived, and around 1 in 10 new mothers experience post-natal depression, and this condition can also affects fathers too, of course.
“Any parent knows that you need lots of energy for it, and just having someone able to come into your house to hold your baby so you can eat some food, or shower can make a huge difference to your wellbeing. That’s why so many I’ve spoken to are really struggling to juggle parenthood and working from home.
“I’m so glad we finally got some movement from the Government on this, I just wish they’d done so sooner.”
The safety of campaigners, election workers and the public is central to plans for the Scottish Parliament election, Parliamentary Business Minister Graeme Dey has said.
In a statement to the Scottish Parliament yesterday, Mr Dey said Scottish Government guidance will be published shortly setting out what is permitted under public health restrictions. This approach has been discussed with all political parties.
The Electoral Commission is also publishing guidance for candidates for the election, which takes place on 6 May.
Under the plans, leafleting could start from 15 March if sufficient progress is made for the current rules on socialising to be eased to allow outdoor meetings of four people from two households.
Strict safety measures will also need to be observed including physical distancing and wearing of face coverings.
Because of the ongoing threat from the coronavirus (COVID-19) pandemic, face-to-face campaigning on the doorstep cannot commence at the same time as leafleting.
Instead, the provisional intention is to allow door-to-door canvassing from 5 April provided the current Stay at Home restrictions have been lifted and the infection rate across Scotland has fallen to 50 per 100,000.
This is the infection rate which the World Health Organisation considers as evidence the pandemic is sufficiently under control to allow safe community activity.
However, activities such as street stalls, physical hustings and giving voters a lift to polling stations will not be permitted for the duration of the campaign.
Mr Dey said: “An enormous amount of work has taken place across our electoral community to ensure that the election in May can be conducted safely. It is as a result of the hard work of electoral professionals over the course of the winter that I am confident the election can go ahead on 6 May.
“It is fundamental for a democracy to hold scheduled elections, provided it is safe to do so. This parliament has sat for a year longer than originally intended and many countries have already held elections successfully during the pandemic.
“It is also the case that eight local government by-elections were held in Scotland over October and November safely and fairly.
“I would like to offer my sincere thanks to all those involved in preparations for polling and the counting of votes and also members of political parties across the parliament who continue to engage constructively in the lead up to the election.”
Malcolm Burr, convener of the Electoral Management Board, said: “Returning Officers take the management of all elections very seriously. On 6 May, we will be just as committed to ensuring the safety of voters, candidates, staff, and others as we are to ensuring the integrity of the electoral process.
“There will be challenges caused by the pandemic, but with the right planning, support from Public Health officials, guidance from the Electoral Commission and the directions to Returning Officers and Electoral Registration Officers, a safe and well-run election can take place with results in which voters can have confidence.”
For more information on the safety of the election and campaigning read the full parliamentary statement.
First Minister Nicola Sturgeon faces the biggest test of her political life when she is grilled by a Holyrood Committee this morning.
The First Minister faces questions over her government’s handling of events surrounding the 2018 harassment investigation into Alex Salmond. It was found to be unlawful by a court in a process which cost the taxpayer over £600,000.
Questions have been raised over her recollection of events and Former First Minister Alex Salmond has accused his one time friend and ally of misleading parliament: that’s tantamount to lying and, if proven, Miss Sturgeon would be expected to resign.
The Tories are not waiting for the committee to deliberate, however: they have passed judgement already. The Scottish Conservatives lodged a motion of no confidence in the First Minister last night following the long-awaited release of legal evidence relating to the case.
The documents cover the key advice from external Counsel that informed decisions at critical points in the progress of the judicial review.
Two key witnesses also come forward ast night with an offer to give evidence which supports Mr Salmond’s timetable of events.
Scottish Conservative leader Douglas Ross said: “There is no longer any doubt that Nicola Sturgeon lied to the Scottish Parliament and broke the ministerial code on numerous counts.
“No first minister can be allowed to mislead the Scottish people and continue in office, especially when they have tried to cover up the truth and abused the power of their office in the process.”
The First Minister has repeatedly said that she ‘can’t wait’ to give her side of the story to the Holyrood committee. Today, she has that opportunity.
There is huge pressure on the First Minister when she faces the committee in an hour’s time – she simply cannot afford to put a foot wrong. Her personal future, that of her party in May’s elections and even the very future of the independence movement itself are all at stake.
On Budget Day it takes something hugely important to replace the Chancellor’s plans as the main political story, but dramatic events at Holyrood have done just that.
The key legal advice that underpinned the Scottish Government’s defence of the Judicial Review taken by Alex Salmond will be released today.
Last night’s decision by Deputy First Minister John Swinney has received the prior agreement of the Law Officers in line with paragraph 2.40 of the Scottish Ministerial Code.
Ahead of release, under the General Data Protection Regulation, legal notifications to individuals impacted are required. These are expected to be complete and, subject to them, the Parliament will receive the material immediately thereafter.
Deputy First Minister John Swinney said: “In normal circumstances, government legal advice is not released. Indeed, such is the importance of being able to get frank, private advice, it is almost unheard of for the legal advice to be released.
“But, we have to acknowledge that the issues at stake now are not normal. The very integrity of the legal system is being questioned.
“Serious allegations have been made. This material allows people to confirm that these allegations are false.
“We have already shared in private with the Scottish Parliament’s committee on these issues the substance of the advice.
“Now, we recognise that in order to counter to the false claims being made by some, we must go further. Subject to the mandatory legal checks and processes, we will release the key legal advice.”
The ongoing controversy centres on legal advice given to the Scottish government after former First Minister Alex Salmond launched judicial review proceedings in 2018 over the way harassment complaints against him had been handled.
The government finally had to admit it had acted unlawfully because its investigating officer had had prior contact with the two complainers – but the error left taxpayers to foot the bill for Mr Salmond’s legal bill of over £500,000.
Mr Swinney had faced a vote of no confidence at Holyrood if he refused to release the information. The vote of confidence would have carried as the Scottish Greens supported the motion, ensuring a majority in parliament.
This was the THIRD time parliament had requested the release of the papers.
If the legal advice is published in full – IF – it will help to shed some more light on a complicated case which is damaging the Scottish government’s reputation and calls into question the way our democracy functions.
If the published legal advice is heavily redacted, however, (note Mr Swinney’s used of the word ‘key’ in his statement), it’s likely that the vote of no confidence will go ahead.
Key player Lord Advocate James Wolfe QC, who was heavily criticised when former First Minister Alex Salmond gave evidence to the committee on Friday, is set to give evidence to the Holyrood committee this morning, while First Minister Nicola Sturgeon will give her much-awaited testimony tomorrow.
A Scottish Parliament Committee has criticised the implementation of the 2015 Community Empowerment (Scotland) Act saying that not enough has been done to empower people from deprived backgrounds to take action in their communities.
The report by the Local Government and Communities Committee reflected on the impact of two key areas of the act aimed at empowering communities: participation and asset transfer requests. They concluded there is clearly work to be done in raising awareness of both, particularly in disadvantaged areas.
The Committee say a lack of resources and support at grassroots level is hindering progress in empowering communities, with the Scottish Household Survey revealing only 18% of Scots feel they can influence decisions affecting their local area.
They say more must be done to identify how to overcome barriers to engagement and have called on the Scottish Government to work with public bodies and COSLA to help communities use their rights to challenge and influence decisions and services.
With only just over 60 participation requests made since 2017, the Committee says it doubts whether, as suggested by one local authority, that indicates high levels of satisfaction with local services and that local communities feel more empowered.
They say that institutional views amongst councils that participation requests denote “failure” are holding back progress and need to change, and have recommended that the Scottish Government introduces an appeals mechanism to improve the process.
The Committee welcome the generally positive view stakeholders have of asset transfer requests. But they express concern with evidence that these requests can run into a wall, when the asset belongs to, or is operated by, an Arms-Length External Organisation (ALEO).
The report asks for clarity from councils and ALEOs to agree who owns which assets, and to make this information accessible to help improve the process.
Speaking as the report was published, Local Government and Communities Committee Convener James Dornan MSP said:“Our extensive engagement work has made it clear to us that community wellbeing is synonymous with community empowerment. Engaged and empowered communities are essential if people are to feel they have a real say in how their community operates.
“We’ve heard a number of really inspiring stories showing community empowerment driving positive change but it’s clear more must be done to ensure communities across Scotland, and particularly those from disadvantaged areas, can be a part of this.
“The Committee is concerned by evidence we have received of bodies coming across as indifferent or even hostile to the rights communities have to influence decisions.
“Knowledge is power and there is no doubt more must be done to raise awareness of participation requests and asset transfer requests which can give communities the tools to feel empowered.”
He added: “We appreciate that councils have faced unprecedented challenges this year as a result of the pandemic, but we are disappointed that local government did not play a bigger role in our inquiry.
“We are also very concerned by the low level of compliance from local authorities and public bodies with the formal reporting requirements outlined in the 2015 Act and this must be rectified so we can monitor the levels of community engagement.”
Pub goers and beer drinkers from across the country are urging MSPs to support a new law being debated this week which would help pub licensees earn a decent living – and increase the choice of local and independent beers on offer in our locals.
The proposed new law – the Tied Pubs (Scotland) Bill which has been put forward by Labour MSP Neil Bibby – would introduce a Pubs Code to govern the relationship between tied pub tenants and pub-owning businesses, with an Adjudicator to enforce the rules.
It is designed to prevent national pub-owning businesses from taking more than is fair or sustainable from the profits of their tied tenants who lease pubs from them.
Tied pubs see licensees rent the premises from a pub-owning company, with landlords required to buy beer and other supplies from that company.
The Scottish Parliament’s Economy, Energy and Fair Work Committee is debating Stage 2 of the Tied Pubs (Scotland) Bill this week.
As well as helping publicans earn a decent living, the Bill would also allow them more choice over which beers they stock, instead of having to buy a restricted range of stock at increasingly high prices from the pub-owning company.
Consumer group CAMRA, the Campaign for Real Ale, is backing the new law, with its branches across the country urging MSPs to pass the legislation without delay to help protect and improve community pubs by allowing tied licensees to earn a decent living and increasing choice of local, independent beers on offer at the bar.
Commenting CAMRA Scotland’s Director Joe Crawford said: “Pub goers and beer drinkers across Scotland are urging MSPs to vote in favour of the Tied Pubs Bill, to make sure that those running tied pubs are treated fairly, can earn a decent living and build back better after the COVID-19 crisis.
“As well as helping licensees, this new law could also see more beers on offer from small, local and independent breweries which will help increase choice for consumers at our locals.
“It’s not fair that large pub-owning businesses can restrict landlords to buying certain beers from them at above-market value and prevent them from support small, local breweries by offering these beers on tap.
“That’s why we are urging MSPs to support the interests of consumers, community pubs and hard-working tied pub tenants over the large pub-owning businesses by voting in favour of the Tied Pubs Bill this week.”
Alex Salmond’s final submission to Wednesday’s committee inquiry has been published.
It’s quite a document, and on reading it you can understand why some people have done their damndest to make sure it never saw the light of day.
Take this, for example:
“I leave it to others the question of what is, or is not, a conspiracy but am clear in my position that the evidence supports a deliberate, prolonged, malicious and concerted effort among a range of individuals within the Scottish Government and the SNP to damage my reputation, even to the extent of having me imprisoned.
“The individuals, for the avoidance of doubt: Peter Murrell (Chief Executive), Ian McCann (Compliance Officer) and Sue Riddick (Chief Operating Officer) of the SNP, together with Liz Llloyd, the First Minister’s Chief of Staff.
There are others who, for legal reasons, I am not allowed to name.”
