The Scottish Parliament’s Justice Committee has indicated it will support the general principles of the Hate Crime Bill on condition it is amended in line with recommendations the Committee is unanimously making. The committee’s recommendations build on, but go further than, the commitments already made by the Cabinet Secretary for Justice to make changes to the Bill.
The Justice Committee has concluded that further changes should be made to the Bill to ensure that those making comments which others find offensive are not criminalised, while still robustly tackling those perpetrating hate crimes.
The Committee has unanimously concluded as follows:
For behaviour to be considered “abusive” under the Bill, prosecutors must be required to show that a ‘reasonable person’ would consider the behaviour to be abusive, setting a higher bar for prosecution;
The Bill’s provisions safeguarding free speech must be deepened and strengthened;
The ‘reasonableness’ defence available to a person charged with a stirring-up offence must be clarified.
The Committee also agreed that while there should not be an absolute defence against prosecution for acts in private homes, people should be allowed to express their own, perhaps offensive, views within their own home or other private space without fear of investigation or prosecution.
It has therefore called on the Scottish Government to find a way to amend the Bill that better reflects its view around ‘stirring up’ offences having a public element to them.
The Committee welcomed the appointment of Baroness Helena Kennedy QC to chair a working group on misogynistic harassment, and has called on the working group to report within a year to avoid further significant delay. However, any legislative change that is recommended by this group should be subject to the fullest possible parliamentary scrutiny.
Speaking as the report was published, Committee Convener, Adam Tomkins MSP, said:“Balancing freedom of expression and legislating to ensure hateful actions can be prosecuted is a difficult task.
“The Committee is grateful for the wealth and variety of evidence we heard, and hope we have reflected, in our report. We also welcome the Cabinet Secretary taking the unusual step of accepting that his Bill required amendment before we began our scrutiny.
“We believe that, if amended in line with our unanimous recommendations, this Bill should be fit to protect the communities it affords extra protections to, without encroaching on the ability of citizens to have robust debates, hold views others find unpalatable, and express themselves freely.
“It is a testament to the open-mindedness of all Members to have found such consensus on what has undoubtedly been a contentious piece of legislation.”
The Committee’s call for views received an unprecedented response, with almost 2,000 submissions. A release about this and the Bill timetable is set out in this release.
The Committee heard oral evidence from almost 40 stakeholder organisations.
More than £1.8 billion of extra funding has been allocated to tackling the impact of coronavirus (COVID-19) in Scotland.
It covers areas including health, transport and business support, accounting for all but £330 million of the latest consequentials generated by UK Government spending. The remainder will be used to meet further urgent demands relating to both COVID-19 and Brexit up to the end of March 2021.
The funding is detailed in a letter from Finance Secretary Kate Forbes to the Scottish Parliament’s Finance and Constitution Committee.
Ms Forbes said: “From the outset, I have ensured that the money we receive is distributed as quickly as possible to where it is needed most. Our decisions have provided vital additional resources to our NHS, schools and other public services, they have kept our transport system running and provided much needed financial support for businesses impacted by the pandemic.
“To provide full transparency, I detailed earlier allocations in the summer and autumn budget revisions. This latest round will deliver measures such as the COVID-19 vaccination programme, local business support packages and free school meals over the holidays.
“The UK Treasury has indicated that this funding covers the period up to March 2021, so I have allocated £330 million as a contingency to ensure we are in a position to provide further support to health and businesses, including for issues arising from Brexit, as it is required over the coming months.
“Our limited borrowing powers mean we do not have flexibility to increase spending to meet demand and therefore must manage our expenditure – much of which is demand led so cannot be accurately calculated in advance – within the consequentials provided.”
The latest allocations include:
around £600 million for health and social care, wider public health initiatives and welfare support. This includes the COVID-19 vaccination programme, test and trace and the £500 bonus for health and social care workers.
support for business and the wider economy totalling £570 million, including funding for the strategic framework, local business support packages, the newly self-employed hardship fund and local authority discretionary business funding
an estimated £139 million of previously announced funding for government, bringing the overall support package to councils to more than £1 billion
around £500 million to support transport services and cover pandemic-related income shortfalls within organisations such as Police Scotland, the Scottish Funding Council and the Scottish Courts and Tribunals Service
The latest COVID-19 consequentials bring the total received by the Scottish Government to £8.2 billion.
A further update on COVID-19 spending will be provided through the Spring Budget Revision in the New Year.
A copy of Ms Forbes’ letter to the Finance and Constitution Committee Convener Bruce Crawford is below:
Dear Bruce,
I am writing to update the Finance and Constitution Committee on usage and allocations to date of consequential funding received during 2020-21 as a result of the Covid-19 outbreak.
We have drawn down and allocated this funding over the course of the year in response to what has been an exceptional and dynamic set of circumstances. I have updated Parliament on several occasions and, although a further update will be provided through the Spring Budget Revision in the New Year, I thought it would be helpful to provide further information in advance of that.
Around £6 billion of consequentials were allocated in the unprecedented Summer Budget Revision and as part of the Autumn Budget Revisions. Since then, consequentials provided have been increased to £8.2 billion.
I can confirm that thus far, further allocations have been provided as follows:
Around £600 million has been provided to health and social care, wider public health initiatives and welfare support. This funding supports the public health response to Covid including: vaccinations and test and trace; the £500 non-consolidated payment for health and social care staff; and the Winter Plan for Social Protection, which helps people pay for food, heating, warm clothing and shelter as well as free school meals over the school holidays and the self-isolation support grant.
Support for business and the wider economy of £570 million, including grants via the Strategic Framework, funding for local support packages, the newly self-employed hardship fund, digital support, Local Authority Discretionary Business Funding and remaining allocations from the £97 million support for culture and heritage.
Previously announced support for Local Government, relating to the estimated £90 million Lost Income Scheme as well as £49 million of additional funding confirmed to councils in September. Added to additional funding already committed, this brings the value of the overall support package to councils to more than £1 billion.
Around £500 million of funding to support continued provision of transport and funding for income shortfalls within our partner bodies including Police Scotland, the Scottish Funding Council, Registers of Scotland and the Scottish Courts and Tribunals Service in order to ensure that they can continue to deliver vital services, as well as mitigating shortfalls in devolved tax as a direct result of Covid-19.
Due to the nature of the Covid-19 outbreak, the potential asks for further demand led spend with regards strategic framework support for business in Scotland and additional demands on health, and the requirement that the funding provided to date will cover all costs until the end of March 2021, I have allocated £330 million of funding in order to support these asks. This is consistent with the terms of the funding guarantee provided by HM Treasury to the devolved administrations, which specified the funding was to cover the period until March 2021. This contingency is also required in order to support any additional funding requirements as a result of the end of the EU transition period.
The Scottish Government’s limited borrowing powers means we do not have flexibility to increase spending and therefore must manage demand-led expenditure risks within the consequentials provided.
The figures above remain a snapshot of a dynamic funding position. I will formally advise of final allocations as part of Spring Budget Revision, the last formal opportunity in the financial year to transfer budgets.
KATE FORBES
https://twitter.com/i/status/1337006754421501952
Businesses across Scotland will benefit from a new £185 million package of targeted coronavirus support.
The announcement follows discussions with business groups and sees a wide range of sectors benefiting, from taxi drivers and arts venues to travel agents and hospitality.
In addition, there will be additional one-off payments to hospitality businesses in January to help them deal with the traditional post-Christmas dip in demand. These will be of £2,000 or £3,000, depending on rateable value.
The package was announced by Finance Secretary Kate Forbes, who also said she had written to the Treasury calling for Scotland to receive its share of rates relief reimbursed by supermarkets “to ensure this is spent on those areas hardest hit as part of Scotland’s recovery from COVID-19”.
Ms Forbes said: “Today I am pleased to confirm an allocation of £185 million for new and additional business support in the new year. We have listened to businesses and this assistance will be provided on a sector-by-sector basis, targeted at those who need it most.
“We are developing grant schemes for hospitality, for the events sector, live music and cultural venues, for the arts, indoor football centres and for the food and drink sector, including £1.8 million for brewers.
“We will give £1.5 million to travelling show people ineligible for other support, while a new £19 million fund, plus a one-off grant, will help taxi drivers.
“I can also announce that further support of £60 million will be provided to the tourism sector, details of which will be developed in consultation with the industry.
“I am listening to the needs of business and we will continue to review and refine our COVID-19 support offer within the available resources.”
Specific support detailed in Wednesday’s announcement includes:
£15 million for the wedding sector and its supply chain, including photographers
one-off grants totalling £15 million for mobile close contact services, such as hairdressers
a £19 million fund and one-off grants for taxi drivers
£5 million for travel agents
almost £6 million for coach companies and tour operators
£1.5 million for visitor attractions.
More detail on the package will be announced in the coming days and businesses can expect to apply for all the new grant schemes in January.
MSPs are to forgo a pay increase next year, it has been announced.
In a message to MSPs Presiding Officer Ken Macintosh MSP said that, in the midst of a public health crisis with such devastating economic consequences and hardship for so many, now more than ever was the time for political leadership on Members’ pay.
The Scottish Parliamentary Corporate Body (SPCB), chaired by the Presiding Officer, agreed unanimously (on 3 December) that no uplift will be presented in the SPCB’s budget bid for next year with regard to Members and Ministerial salaries.
The full text of the Presiding Officer’s message to all MSPs is as follows:
Dear Colleagues
MSP pay: financial year 2021/22
Later this month, the Scottish Parliamentary Corporate Body will present its budget bid for 2021/22 to the Finance and Constitution Committee for its scrutiny.
As ever, it is the duty of the SPCB to make provision for the resources and services that Parliament needs to function. Within its annual budget bid, the SPCB is required to make provision for the salaries of all Members and Ministers.
You will no doubt recall that in the previous session of Parliament, Members voted to break the pay link between MPs and MSPs salaries. Instead of receiving 87.5% of MPs’ salaries, we voted to link our future pay increases to those of public sectors workers in Scotland, using the ASHE index.
Last year, the ASHE index applied to our salaries stood at 1.4%. This year the corresponding rate is 5.1%.
In the midst of a public health crisis with such devastating economic consequences and hardship for so many households, the SPCB unanimously agreed yesterday, that it would be wholly inappropriate for the ASHE index to be applied to MSP and Ministerial salaries next year.
Instead, the SPCB agreed that Members, Ministers and Presiding Officers will forgo a pay rise and that our budget bid to the Finance and Constitution Committee will freeze the current salary rates for Members.
These are exceptional circumstances and no other decision would have been appropriate or welcome at this time – either inside or outwith Parliament. Now more than ever is a time for political leadership where our own salaries are concerned.
I am grateful to each of the members of the SPCB for their collaboration on this matter and in agreeing the budget bid that will be made to the Finance and Constitution Committee later this month.
Holyrood’s Festival of Politics starts online tonight
Scotland’s Futures Forum, the Scottish Parliament’s in-house think-tank, has published the findings of its 2030 programme, looking at what sort of country we might become, and what our response might be to the great changes of the next decade and beyond.
The report, which examines the challenges and opportunities posed by climate change, technological innovation and an aging population, will also be debated at the Parliament’s first online Festival of Politics. The event, ‘Scotland 2030: What do we want, and how can we get there?’, opens the Festival today and will be chaired by the Presiding Officer, Rt Hon Ken Macintosh MSP.
The work, which aims to help parliamentarians think about long term challenges, outside of electoral cycles and party politics, found that:
• Around half a million babies are due to be born in Scotland in the 2020s. To give every one of them the best chance in life, fundamental change is required to end child poverty – either through ‘pre-distribution’ or radical redistribution via taxation and spending. • Technological disruptors such as Uber and Amazon will continue to have an impact on jobs and society. We need a school and lifelong education system that helps people adapt to changing circumstances, giving them the freedom to be creative, to take risks and, on occasion, to fail safely. • To meet our ambitious targets of net zero carbon emissions by 2045, radical change is required in our working lives. There are clear pathways to a more sustainable future if Scotland switches investment towards sectors and industries that bring long-term benefits. • Scotland need to make more progress on creating gender equal workplaces. Realities of life for women such as menstruation, pregnancy and menopause need to be taken more seriously by employers. Increasing the uptake of paternity leave will also help redress imbalances in the distribution of unpaid work • Aging and death need to be addressed earlier in life. Most of us will become dependent on other people as we age. We need to tackle the taboo of discussing these things by normalising planning for this inevitability in our 40s and 50s, if we are to support the right care at the end of life.
The forum is also recommending ten ‘ideas for 2030’ to be debated in the Scottish Parliament from the creative suggestions heard during its events.
These include a Scottish island test site for autonomous vehicles, ‘digital havens’ with limited internet access – allowing visitors to switch off from their devices – and a Museum of Failure to show the role of failure in the path to achievement and encourage people to embrace risk.
Speaking ahead of the Festival, Chair of the Forum and Presiding Officer, the Rt Hon Ken Macintosh MSP, said:“How we tackle the great issues of the next decade will shape Scotland for generations to come. Climate change, technological advancements and an ageing population all present profound challenges for the country, but also opportunity.
“This report highlights the importance of taking a positive view of the changes we’ll experience by 2030. As the response to the Covid-19 pandemic has shown, people can and do respond positively when life throws up huge challenges. But it has also shown the importance of including people in the process when the decisions on how to respond are made.
“A key part of the Futures Forum’s work, a central theme throughout this programme from all our events, and one of the founding principles on which the Parliament operates, is the importance of including everyone in discussions about our long-term future.
“How we move forward, harness new technologies, create more environmentally sustainable jobs and tackle child poverty are all topics ripe for debate as we look ahead. I am sure it will be a very interesting discussion at this year’s Festival of Politics.”
You can find out more and watch the event in full on the Festival of Politics website here.
The festival takes place from Thursday 19th to Saturday 21st November. The first event starts at 7pm tonight.
The Economy, Energy and Fair Work Committee has today published its interim report on the impact that COVID-19 has had on the economy in Scotland.
Over the summer, the Committee sought written evidence on four key strands of their inquiry:
• Impact on businesses and workers • Role of the enterprise agencies and SNIB • Plans for economic recovery (including scrutiny of the Advisory Group on Economic Recovery (AGER) report) • Impact on young people.
The report published today is the result of focus groups and evidence sessions where the Committee heard about struggles that are being faced due to COVID-19.
Commenting, Committee Convener Gordon Lindhurst MSP said: “This is an extremely difficult time for many businesses and workers. They play a central role to life in Scotland, providing vital services and the revenue to fund public services.
The Committee would like to thank Scotland’s businesses and workers for their resilience and hard work throughout the pandemic and to acknowledge the trying times that many are facing.”
“More than ever our economy needs to be understood and given a helping hand and the work the Committee has been doing has had the aim of reaching out to those that need help and provide them a voice.”
While the Committee has published its report today, it is still welcoming evidence from stakeholders who have been affected by COVID-19.
Gordon Lindhurst MSP added: “The Committee is particularly concerned about the impact on the pandemic on young people; for example, there has been a severe drop in the number of young people starting Modern Apprenticeships for the period April to June 2020 (which fell by 80% over the year). ”
“Every effort must be made to support young people at this time; the Scottish Government must invite young people to participate in developing policies to help them at this critical time in their lives”
The Scottish Parliament’s Economy, Energy and Fair Work Committee has published its report into legislation proposed by Labour MSP Neil Bibby to govern the relationship between tied pub tenants and pub-owning businesses.
The Tied Pubs (Scotland) Bill is being backed by CAMRA, the Campaign for Real Ale, which is calling on the Scottish Government and all parties in the Scottish Parliament to vote for the legislation when it is debated later this month.
Licensees in Scotland are currently exempt from regulations that are in place across the rest of Great Britain which stop large pub companies from taking more than is fair or sustainable from pub profits by forcing licensees to buy their beer from them rather than on the open market.
Responding to the publication of the Scottish Parliament Committee’s report, CAMRA Chairman Nik Antona said: “CAMRA is calling on Business Minister Jamie Hepburn and the Scottish Government to do the right thing and give their backing to the Tied Pubs Bill when it is debated later this month.
“This Bill will create, in law, a powerful pubs code to guarantee tied pub tenants are treated fairly and can earn a decent living.
“Scottish Government support for this legislation would be very warmly welcomed by both consumers and the licenced trade as a positive move to help pubs, publicans and pub-goers, after weeks and months of harsh restrictions which are devastating the industry.
“Just a few weeks ago Heineken’s pub arm, Star Pubs and Bars, were fined £2 million by England and Wales’ Pubs Code Adjudicator for serious and repeated breaches of the pubs code. But despite being headquartered in Edinburgh, their Scottish tenants don’t have similar protections to stop pub companies taking more than is fair or sustainable from tied licensees’ profits or make it harder to sell a range of locally-brewed products in their pubs.
“The Scottish Government must now take this opportunity to change the law so that tied pub tenants here have the same protections as those south of the border.”
A Scottish bookmaker saved from administration last year has warned the independent sector faces a ‘make or break’ winter without urgent government support.
Scotland’s largest independent bookmaker Scotbet has urged First Minister Nicola Sturgeon to step in after the firm was denied support from the Scottish Government in the form of business rates relief or small business grants, despite being closed for over three months from the start of lockdown.
Based in Loanhead, Scotbet was rescued from closure in July 2019 following a management buy out. Almost 130 jobs and 30 shops were saved. At its peak, the firm owned 75 shops.
Chairman John Heaton, who led the management buy out, has written to Finance Secretary Kate Forbes and the First Minister demanding answers. He said: “It is simply no way to treat a Scottish business struggling to survive in the grip of a pandemic.
“Due to the Covid restrictions we were forced to close our shops for over three months in March. At the time, small businesses throughout the UK were promised help in the form of small business grants and 12 months of business rates relief. It allowed many independent operators in England, which would otherwise have failed, to remain in business.
“We have received nothing. For reasons, so far not explained, independent betting shop chains were excluded. We are now receiving threats of court action for non-payment of rates for a period when we were not allowed to open. This is simply unfair.
“We now face a very challenging future. Even now, revenue is significantly below pre-lockdown levels and the coming months could be make or break for many independent bookmakers. On behalf of our loyal and extremely hard working employees, I would urge the Scottish Government to do more to support the independent sector before it is too late.”
Lothian MSP and convener of the Cross Party Group on Horseracing at the Scottish Parliament Miles Briggs said: “It is baffling that the betting industry has not been provided the same support that has been given to businesses in other industries.
“Licensed responsible gambling provides entertainment to people throughout Scotland and the thousands of jobs related to the industry are no less valuable than in any other sector.
“I have written to the Cabinet Secretary for Economy, Fair Work and Culture to ask why support has not yet been provided and I have called on Ministers to act immediately to support local jobs in communities across Scotland.”
A Holyrood Committee has called on the Scottish Government to set out how it intends to address the disproportionately negative impact of the coronavirus pandemic on protected groups, such as women and young people as well as disabled people and black and minority ethnic communities, in its post-Covid economic recovery plan.
As part of the Scottish Parliament’s Equalities and Human Rights Committee pre-budget scrutiny, MSPs heard evidence from a range of organisations on the financial implications of Covid-19 on local authorities and third sector equalities organisations and how health and social inequalities exacerbated by Covid-19 can be addressed in Scotland’s economic recovery.
In a letter to the Minister for Older People and Equalities, Christina McKelvie MSP, the Committee called for human rights-based approach to budgeting, with more effective targeting of resources.
Committee Convener, Ruth Maguire MSP said: “The Committee is acutely aware that the Covid-19 pandemic has exacerbated existing health and social inequalities, increasing the demand on third sector support services and, as the crisis continues, placing increased pressure on public services.
“We are therefore asking the Scottish Government to commit to providing further financial support for the third sector in the longer-term to take pressure away from public services, over and above the emergency funding provided.
“An equality and human rights-based approach to public spending, grounded in high quality evidence and placed at the heart of decision-making, should be the cornerstone of this year’s budget. This would give the Committee confidence that already disadvantaged people would not be forgotten, that there would not be unintended consequences, and equalities impacts could be properly addressed.
“We are calling on the Scottish Government to clearly set out the specific actions it intends to take in its Economic Implementation Recovery Plan to address the gendered impact of the pandemic, as well as for other protected groups such as disabled, BME and young people.
“The Committee is also seeking assurance that childcare will be treated as an economic issue and that the role of unpaid carers more generally will be translated into actions in the Recovery Plan.”
MSPs acknowledged that the Scottish Government had introduced new measures to monitor the impact of spending decisions on sex, race, disability and socio‑economic disadvantage, but heard evidence that Scotland was falling behind compared with international comparators.
The letter states: “The Committee very much hopes the new measures put in place by the Scottish Government will have the desired impact, however, we recognise we are coming to the end of the Parliamentary session and so it will be for another committee to continue to scrutinise whether these measures have worked.
“For this reason, the Committee intends in its legacy report to emphasise in the strongest terms to the future committee that if there has not been significant change on mainstreaming, the new committee should consider whether legislating is a viable option to promote change more quickly.”
The Scottish Parliament is today announcing its first virtual Festival of Politics, with events moving online as a result of the COVID-19 pandemic.
Taking place from Thursday 19th to Saturday 21st November, the entire Festival is free to attend.
The Festival programme – in partnership with the Scottish Parliament’s think tank, Scotland’s Futures Forum – puts the spotlight on the key issues facing society, with COVID-19 and our recovery from the pandemic being a core theme throughout. In addition to COVID-19 and its impact, topics covered include climate change, the American Presidential election, Brexit, and the type of country Scotland is likely to be in ten years’ time.
Speaking as the Festival programme was launched, the Presiding Officer the Rt Hon Ken Macintosh MSP, said:“We are delighted to launch this year’s Festival of Politics which for the first time will be held online and will be free to watch.
“The Parliament has always prided itself on being open and accessible to all and moving the festival online provides us with another method by which we can engage with people of all ages and backgrounds from across Scotland and beyond.
“The challenges posed by the coronavirus pandemic have affected every aspect of our lives and it has never been more important for panellists and audience members to come together to discuss and share ideas on the best way forward for society.
“But we are not just focused on the pandemic. With sessions devoted to climate change, race, Brexit and the American elections, we will be taking on all the major issues of our time.
“I’d encourage everyone to get online from November 19th, watch for free and join the debate for Festival of Politics 2020.”
Offering people a unique chance to engage with MSPs, journalists, academics and commentators, attendees can take part in the Festival at www.parliament.scot/festival
Opening statement by First Minister Nicola Sturgeon in yesterday’s debate (Tuesday 27 October):
Presiding Officer, I will begin by moving the motion in my name and also confirm that we will also consider each opposition amendment carefully.
While we don’t necessarily agree with all of them in their entirety, there are good suggestions in each of them and so, regardless of how the votes go this evening, we will seek to take these forward constructively.
The Scottish Government published our new strategic approach to tackling COVID on Friday. This included the proposed 5 levels of intervention.
I will not repeat all of the detail today. But I will set out some changes we are proposing as a result of our considerations since Friday. And I will give a very preliminary indication of the levels that we think might apply to different parts of Scotland from next Monday.
I would draw members’ attention to a technical paper that we have published today giving more detail of the data and wider factors that will guide these decisions.
Firstly, though, I will just briefly summarise today’s statistics, which were published a short time ago.
The total number of positive cases reported yesterday was 1,327. The total number of confirmed cases in Scotland is now 59,201. The number of positive tests reported yesterday was 8.7% of the total.
1,100 people are currently in hospital – an increase of 48 from yesterday. I think it is worth noting Presiding Officer that for those who think we are being too tough with the restrictions right now.
The number in hospital right now is just 400 short of the number of hospitalisations at the April peak.
82 people are in intensive care, which is 8 fewer than yesterday. And in the last 24 hours, I’m sorry to report that 25 additional deaths have been registered.
Which takes the total number of deaths, under this measurement, to 2,726.
I want to send, again, my deepest condolences to all those who are grieving a loved one.
The rise in cases that we are seeing in Scotland is part of an international pattern.
It is reflected elsewhere in the UK, Europe, and around the world. Indeed, many countries across Europe in particular face a much more severe situation than we do currently.
However, it is to try to avoid that kind of deterioration and to try to avoid mounting pressure on our National Health Service that we are acting firmly at this stage.
It is why we acted back in September to stop household gatherings, and then took further action earlier this month to restrict hospitality.
The positive news is that we believe the restriction on household gatherings may already be having an effect.
The number of new cases is growing more slowly than at the start of the month, and we have not seen the 9 day doubling of cases that was predicted earlier this month.
We hope that the effect of the difficult, and I know unwelcome, restrictions on hospitality, which have been in force now for just over 2 weeks, will soon start to be seen as well.
Our hope is that the rate of increase in new cases will slow even further and we will then see a decline in the number of new cases.
And if we do see that progress, it is important to stress that that will be down to a reduction in our interactions with each other as a result of the restrictions in place.
It’s important to bear that in mind as I run through some of the detail of the new levels because, while this is difficult for all of us and it is difficult for many businesses, it is by reducing our interactions with people – in other households, and in environments with higher risks of transmission – that we will continue to make progress.
All of that said our position just now is still fragile, and it is too early to draw firm conclusions. Cases are still rising, and that is not a stable position to be in.
And given that we are entering winter, COVID is likely to present a significant, continued challenge for us – with higher numbers of cases than we would want to see – for some time to come.
In addition, given the lag effect associated with the incubation period of the virus and how it affects people over time, we know that we are also likely to see hospital and ICU admissions and unfortunately deaths rise for some time yet, even as we hope the rate of increase in cases continue to slow.
So all of this means we must continue to be very cautious – and we must take the action necessary to suppress the virus to the lowest possible levels.
But given that we are likely to be living with this virus for a while, it also means that we must try be as proportionate and as targeted as possible in the actions that we take.
As I was saying the virus, we know, does direct harm to human life and health and that must be minimised. But we also know that the actions we take to do this also cause harm – to the economy and living standards and to wider health and wellbeing.
So the difficult task that all countries have is to balance all of that and minimise the overall harm of the pandemic.
The strategic framework – and the 5 levels – are designed to help us do that.
Having 5 levels does not prevent us from applying restrictions consistently across the country if that is deemed necessary.
But it means we can avoid a one size fits all approach if it is not. It will enable a part of the country with relatively low transmission to live with fewer restrictions than an area with much higher transmission.
Such an approach is more proportionate but the downside is that it makes the messages we communicate more complex.
To help with that, we will be launching a new postcode checker to allow people to know what restrictions are in place in their area at any given time.
The detail within each level is intended to give people greater certainty of what to expect at different rates of transmission.
But it is important that we retain some flexibility.
I want to be clear that we will keep the detail of each level under review as the situation develops.
And that’s a point that may be particularly relevant to the hospitality industry.
Let me, Presiding Officer try to make some progress, I just want to summarise for parliament today the levels we are proposing. Members should note that levels 1, 2 & 3 of the 5 levels are intended to be broadly comparable, albeit not identical, to the 3 levels deployed in England.
I explained on Friday that the baseline level – zero – is the lowest level of restrictions.
It is similar to the state of affairs that applied in August when we had suppressed the virus to very low levels.
We consider this to be the closest to normality we can get to without better treatment or a vaccine for COVID.
Of course, we remain hopeful about the prospects of both these scientific developments over the next few months.
Level 1 is similar to the restrictions we had in mid-September, as cases started to rise again but prevalence remained very low.
Our objective, of course, is to get all parts of the country to level 0 or level 1 and remain there if we can.
The restrictions we propose for level 2 are similar to those that currently apply across Scotland outside the central belt.
Level 3 resembles the tougher restrictions which currently apply in the central belt.
And finally, level 4 – which we hope not to have to use – envisages something closer to a full lockdown. For example non-essential shops would close at that level.
However even in level 4, up to 6 people from up to 2 households could still meet outdoors; and manufacturing and construction businesses would stay open.
Levels 2 and 3 are intended to apply for short periods of time and level 4 will be deployed only if absolutely necessary as a short, sharp intervention to address extremely high transmission rates.
Under all 5 levels, we would expect schools and childcare to remain open if at all possible.
Since publishing our proposed levels on Friday, we have consulted with various stakeholders.
And as I said those consultations included discussion with opposition leaders.
Of course it is not possible to accommodate all the asks of different sectors and still suppress the virus.
But I can confirm that we have decided on some changes that will hopefully be welcomed. These relate to childcare, shared parenting and child contact centres; outdoor retail; bingo; and numbers allowed at weddings at level 4.
Full details are on the revised table circulated to MSPs earlier and will be made available on the Scottish Government website.
Before turning to hospitality in a bit of detail – because that is one of the sectors bearing the biggest impact of current restrictions – let me mention one other, hopefully temporary, change.
The table published on Friday envisaged that at level 1 we would be able to meet with 6 people from 2 households in our own homes. But it also made it clear that this might change in some circumstances.
The public health advice to Ministers is that if a decision is taken this week to move any area to level 1, the current prohibition on meeting anyone from other households in our own homes should remain in place for a period as an extra precaution.
We intend to accept this advice. But, that position will be reviewed weekly.
I want to turn, Presiding Officer, now to hospitality. I will describe the restrictions that will apply in each level and outline any changes from the current situation.
I hope the changes will be welcome but I know that the sector will have wanted to see even fewer restrictions, especially at level 3.
I will explain why that is not possible at this stage. However, I want to be clear that we will continue dialogue with the sector on the proposals it has put forward.
We also intend to establish an expert advisory group on reintroducing safe low level music and background noise.
At level 0, hospitality will operate almost normally – subject to rules on physical distancing, limits on numbers and other mitigations, such as table service only.
Level 1 will be similar but with a curfew closing time. However, that will be 10.30 rather than 10pm.
Level 2 is broadly comparable to the restrictions currently in place outside the central belt.
Currently, in these areas, hospitality can operate normally outdoors with an early closing time. I know this will get more difficult in winter. That will continue to be the case under level 2 – but the closing time will be extended to 10.30pm.
Just now premises in these areas can open indoors until 6pm for the service of food and non-alcoholic drinks only. At level 2, that will be extended to 8pm and alcohol will be permitted with main meals.
In the central belt areas under tougher restrictions just now, only cafes can open, until 6pm and for food and non-alcoholic drinks.
Level 3 is broadly similar but all hospitality premises will be subject to the same rules – so cafes, pubs and restaurants will be allowed to open until 6pm for food and non-alcoholic drinks.
At level 4, hospitality will be closed.
I know the sector wants to see more activity allowed, especially at level 3 and will continue to discuss that with them.
But I must stress that areas at level 3 are the areas with the highest levels of infection.
Our judgment is that to ease up anymore at this stage – particularly as our progress remains so fragile – could risk tipping these levels closer to level 4, rather than have them make the progress we want to see towards level 2.
Assuming Parliament agrees the overall framework today Presiding officer, I will confirm on Thursday what level each local authority will be placed into initially. This will be with effect from Monday and it will be reviewed on a weekly basis.
These decisions will be based on advice from the government’s advisers and the national incident management team. We are also consulting with local authorities.
While we will initially apply levels to whole local authority areas, we will look in future at any situation where it might make sense to be more targeted – for example, a different approach for the Argyll islands than for the rest of the Argyll & Bute council area.
As I said earlier, we have published a technical paper detailing the factors and data that will guide these decisions.
We will look at actual and projected cases per 100,000 of population, test positivity rates, and projections for hospital and ICU capacity. And different thresholds for these will apply at different levels.
It is important to stress though that these decisions will not involve the automatic application of a single statistic or even basket of statistics. These will inform and guide the decisions but judgment will required to be applied to them.
As we migrate initially to this new system, we will be deliberately cautious.
As I said earlier, we are seeing signs of progress but the situation is very fragile and could go in the wrong direction – so we must take care.
I hope that over the next couple of weeks – if progress in slowing the rate of new cases continues – we will see more local authorities dropping down a level.
But initially, most are likely to stay in broadly the same category as now.
Now final decisions have not yet been taken but I want to give parliament a broad indication today of what that means.
The central belt areas currently under the toughest restrictions, are likely to be in level 3 initially. And most of the rest of the country is likely to start in level 2.
There are however some exceptions under consideration.
Firstly, it is hoped that the Highlands, Orkney, Shetland, the Western Isles and Moray might go to level 1.
Less positively, we believe that the escalating situation in Dundee City makes it possible it will go to level 3.
And, as has been reported, we are considering whether the very high rate of transmission and hospital admissions in North and South Lanarkshire may necessitate a move for them to level 4. These are the only areas currently being considered for level 4.
There have however been some encouraging signs in the last few days that the situation in Lanarkshire may have stabilised slightly.
So we will only take this decision if it is deemed absolutely necessary and I hope we can avoid it.
As I say, I hope to confirm these decisions to Parliament ahead of FMQs on Thursday.
For all of Scotland Presiding officer, our aim is to get to level 1, and then to level 0 of the framework as quickly as it is possible to do.
We know this is possible because over the summer, we got to the very low levels of transmission that would be needed for that.
If we can do it once, we can do it again. But it will not be easy. It will take action from the government to support the wider efforts.
That’s why our strategic approach doesn’t simply set out restrictions.
It also explains how we will expand testing, and the steps we will take to better support people to comply with the rules, especially on self-isolation.
We set out details of our testing expansion in the paper we published last week.
And finally Presiding officer,
We know that while government must lead, success against this virus will depend on all of us.
It is difficult and frustrating, and getting more so by the day, especially as we head towards Christmas.
But if we dig in now and get Covid under more control, we perhaps open the door – not to 100% normality at Christmas – but hopefully to more than we have right now.
We all want that.
So please stick with it.
As of Monday, make sure you check what restrictions apply in your area.
Please stay out of other people’s houses, except for the limited reasons allowed.
Follow the rules on:
Face coverings.
Avoiding crowded areas.
Cleaning hands and hard surfaces.
2 m distancing.
And self-isolate, and book a test, if you have symptoms.
And all of us must try to be as patient as possible at not being able to go to the football or for a pint or out for a meal with friends.
These are hard sacrifices – but they will protect you and your loved ones. They will help protect the NHS. And they will save lives.
And right now, Presiding officer, that is what we must all pull together to do.
Expansion of hospitality provisions
Changes to current restrictions
The new levels framework will increase the opportunity for hospitality businesses to operate during different levels of coronavirus (COVID-19) restrictions.
Under the new system set out by the Scottish Government, hospitality premises may sell alcohol indoors with a main meal up to 8pm at level two, enabling the service of an early evening meal. At present, hospitality premises outside the central belt cannot serve alcohol indoors and must close indoors at 6pm.
At level three – equivalent to the current restrictions in the central belt – the definition of cafes will be removed, enabling all hospitality premises to operate in the daytime, up to 6pm, without the sale of alcohol.
Hotels and other accommodation will continue to be able to serve evening meals to residents.
The expansion of the hospitality provisions within the new levels system takes effect from Monday 2nd November and will be kept under review as the spread of the virus hopefully stabilises.
The Scottish Government has also committed to taking forward a range of additional mitigations suggested by the industry with the sector, as well as continuing to consider how low level background sound in hospitality premises can be safely managed.
The changes follow close engagement with the sector, since Friday, including ministerial discussions on Saturday, and discussions are continuing on the content of the relevant regulations.
Cabinet Secretary Fergus Ewing said:“I understand that any restrictions are hard for business and I know that many will want us to go further, however this is a proportionate relaxation of the current rules that will enable premises to serve evening meals and alcohol in level two, in addition to removing the distinction between cafés and other licensed premises at level three.
“We need to be very cautious at level three, to ensure that the restrictions in place contribute to reducing the spread of the virus, so that they can be lifted as soon as possible.
“I want to thank the sector for its constructive engagement over the weekend and commit to continuing these discussions as we go forward.”
Scotland’s licensed hospitality sector presented the Scottish Government with an alternative workable Strategic Framework ahead of yesterday’s debate in the Scottish Parliament.
Industry Groups wrote ahead of the scheduled debate on the Scottish Government’s Strategic Framework that will set the course of hospitality for the next six months.
While emphasising that hospitality in Scotland is not to blame for the spread of the virus, the trade bodies have sought clarification on a number of issues and made proposals designed to support a sector that has been devastated by the COVID-19 crisis.
Higher levels of restrictions will require higher levels of support for businesses. These must be at least in line with levels in England.
The economic support made available in the form of grants will not be sufficient. There must be information from the Scottish Government as soon as possible on how it intends to use its share of the £700 million funding allocated recently by the Chancellor to the devolved governments.
Urgent confirmation of how the Job Support Scheme will work for Scottish businesses to save up to 70,000 jobs.
Support must be provided for sub-sectors including music and entertainment venues, nightclubs and conference centres, that are unable to open.
Anomalies regarding the serving of meals in cafes but not pubs or restaurants, or hotels unable to serve alcohol to residents, must be reviewed immediately.
The letter also urged the Scottish Government to ensure it does not impose any restrictions longer than is necessary, with any measures regularly reviewed.
There also needs to be a clear roadmap for how areas facing tighter restrictions can work towards exiting those restrictions, with comprehensive guidance for businesses, based on consultation, issued in advance of any new measures.
The sector has confirmed it is prepared to make additional concessions to assuage concerns of the MSPs and the Scottish Government.
In a joint statement, the trade bodies said:
Today the Scottish Parliament will debate the Scottish Government’s proposed Strategic Framework for dealing with COVID. The framework, as it was announced last week, will clearly have an enormous impact on the lives of people and businesses. No other sector has been as heavily disrupted as hospitality and the planned framework looks set to provide further restrictions which may destroy businesses and wipe out jobs.
Clearly the objective for everyone must be to contain the spread of the virus. It must, however, be done in a way which gives the incredibly valuable businesses in our sector the best possible chance of survival and a more equal shouldering of the burden at this time. If we are not careful, businesses will be closed for good and jobs permanently lost.
We are now calling on the Scottish Government, and all MSPs, to acknowledge that our sector stands to lose the most if the framework is not absolutely right. They must take on board our points and ensure that any legislation, that is designed to keep communities safe and businesses intact, does not have the unintended consequence of delivering the final blow.”
