Tag: Holyrood

Proposed FOI reform plans “not currently workable”, says Committee

Proposed freedom of information (FOI) reforms are not workable, according to a new report published last week by Holyrood’s Standards, Procedures and Public Appointments Committee.

In its Stage 1 report on the Freedom of Information Reform (Scotland) Bill, the Committee has found that while there is a clear need to update FOI law, elements of the Bill have not been sufficiently considered or laid out.

Introduced by Katy Clark MSP, the Bill aims to update the original 2002 Act by introducing a presumption in favour of disclosure and establishing a new duty for public authorities to publish information proactively.

Other proposals include creating a new mechanism to bring more bodies under FOI rules and removing the First Minister’s power to ‘veto’ certain decision of the Scottish Information Commissioner.

The Committee is not persuaded that the Bill in its current form would deliver the intended change. It has particular concerns about how workable the proposals are and the financial and resource implications for public bodies.

Instead, the Committee concludes that the Scottish Government should be taking a lead in bringing forward its own proposals for freedom of information reform.

Speaking as the report was published, Committee Convener Martin Whitfield MSP said:  “Freedom of information is a fundamental part of how our public services in Scotland are delivered. The work done by Katy Clark MSP establishes a clear need to update the law that underpins it. 

“However, our Committee is not convinced that this Bill is the right approach in its current form.

“The Scottish Government should be taking action to develop an updated and forward-looking FOI regime for Scotland. If not, a committee bill may be the most appropriate legislative means to deliver this complex and important reform.”

Elements of the Bill highlighted in the Committee’s report include:

  • Presumption in favour of disclosure: The report makes it clear that the Committee doesn’t think it necessary to legislate for making openness the default in releasing public information. It suggested that efforts to improve culture and practice within organisations is a preferable approach.
  • Proactive publication duty: the Committee is not persuaded that proposals to replace the current scheme with a rule that requires public bodies to publish information more broadly and pro-actively would work in practice.
  • Designation of public bodies: The Committee is unconvinced that the proposal for the Parliament to make bodies subject to FOI rules is workable.
  • There remains significant uncertainty about the financial and resource implications for public bodies.

Holyrood Committee backs Bill to regulate non-surgical procedures industry

The Health Social Care and Sport Committee is recommending Parliament agrees to the general principles of the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill.

The Bill seeks to regulate non-surgical procedures including cosmetic treatments such as fillers, Botox, certain chemical peels and microneedling. In its Stage 1 report, the Committee says patient safety must come first and that it agrees it should be illegal for under-18s to access these treatments.

The Committee is supportive of the two-tiered approach to regulation being proposed by the Scottish Government. This would mean procedures deemed ‘higher risk’ could only be undertaken in permitted premises under supervision from authorised medical practitioners, while lower risk procedures would be subject to a licensing scheme to be introduced via secondary legislation.

The Committee acknowledges concerns expressed by some of those businesses currently providing non-surgical procedures about the Scottish Government’s proposed approach to regulation. To alleviate these concerns, the Committee asks the Scottish Government to provide appropriate support and guidance to help responsible providers to make the transition successfully to the new regulatory framework.

The Committee is concerned over a lack of clarity around requirements for clinical supervision of those procedures covered by the Bill, including minimum qualification requirements for those providing supervision and the scope of their clinical and managerial responsibilities.

On enforcement, the Committee calls for a staged approach which will give responsible operators time and support to meet the requirements of the legislation, while punishing those irresponsible operators who show no interest in complying with the law.

The Committee says the current sanctions set out in the Bill are insufficient and would not deter irresponsible providers from committing repeat offences. It has therefore called on the Scottish Government to introduce stronger penalties for offences committed under the Bill.

The Committee also highlights concerns that Healthcare Improvement Scotland (HIS) may lack the capacity and resources to be able to enforce the Bill effectively. The Committee’s report seeks assurances that, in the short term, the Scottish Government will commit additional funding to enable HIS to enforce the Bill properly from the outset.

The huge variability in the quality of training and qualifications held by or available to those providing non-surgical procedures is highlighted by the Committee. It wants to see the creation of clear and appropriate standards for all practitioners.

The Health, Social Care and Sport Committee Convener, Clare Haughey MSP, said: “Our Committee believes patient safety must always come first and that’s why we are supportive of this Bill which will provide much needed regulation of the non-surgical procedures industry.

“We fully back provisions making it illegal for under 18s to access these procedures and believe the Scottish Government should work with the UK Government to improve and standardise training and qualifications so all providers meet a minimum standard.

“Healthcare Improvement Scotland must be given the resources to be able to enforce the law effectively in this area – and penalties for offences must be set at a level that creates a suitable deterrent.

“We acknowledge that there will be many practitioners who are concerned about the impact this new regulatory framework may have on their businesses. That’s why we’re calling on the Scottish Government to provide appropriate support and guidance to help responsible providers make a successful transition and continue operating in compliance with the law.

“Thanks to everyone who gave evidence to our Committee and helped inform our scrutiny of the Bill.”

On the 2nd part of the Bill, the Committee is supportive of updating the processes by which Medical Certificate of Cause of Death (MCCDs) are processed in Scotland.

This would include allowing interested persons to request a review of a MCCD even when it has already been randomly selected for review.

Hate Crime consultation: Further protections for women and girls

Consultation responses support new hate crime regulations

Women and girls will have greater protection against hate crimes under legislation laid in the Scottish Parliament by Ministers yesterday/today.

The regulations, if agreed by MSPs, will designate ‘sex’ as a protected characteristic under the Hate Crime and Public Order (Scotland) Act 2021. There are protections in the Act for individuals’ rights in respect to freedom of expression for the new stirring up hatred offences. Hate crime is behaviour that is both criminal and rooted in prejudice and can be verbal, physical, online or face-to-face.

This will make it a specific criminal offence to stir up hatred against women and girls, as well as men and boys, because of their sex. The regulations will also allow courts to treat crimes motivated by hatred of someone’s sex as aggravated offences, which are considered more serious – including when passing sentence following conviction.

A consultation was held on the draft regulations, with 309 out of 365 responses supporting adding the characteristic of sex to both the stirring up of hatred offence and the aggravation. The final regulations now laid for MSPs’ scrutiny are largely unchanged from the draft.

The change will mean that women and girls have the same legal safeguards available under the Act to groups targeted by hate crime because of their age, disability, religion, sexual orientation, transgender identity and variations in sex characteristics.

Justice Secretary Angela Constance said: “These regulations will significantly strengthen legal protections for women and girls from offences motivated by prejudice and hatred because of their sex and they will ensure that Scotland’s justice system can respond appropriately.

“The changes will mean women and girls have the same protections as victims who are targeted because of a specific characteristic, such as age, religion or disability. Men and boys will also be protected, however, we know that women and girls suffer significantly more from threats, abuse and harassment based on their sex, so they are likely to benefit most from those new protections.

“The vast majority of responses received during the consultation on these proposals supported adding the characteristic of sex to both the stirring up of hatred offence and the aggravation.

“The regulations will come into force on 5 April 2027, giving Police Scotland the necessary time to update training and guidance and ensuring they are operationally ready for the change.”

Foysol Choudhury calls for clarity on East Calder Health Centre plans

Foysol Choudhury MSP has called for greater clarity and faster progress on plans for a new East Calder Health Centre, following a roundtable meeting at the Scottish Parliament today.

The meeting brought together elected representatives, NHS Lothian officials, local campaigners and community leaders to discuss the future of primary and community healthcare provision in the area and agree next steps.

The Scottish Government has confirmed that work will begin to develop detailed plans for new primary and community care infrastructure in East Calder. This progress reflects the efforts of dedicated local campaigners, alongside the continued support of MPs and MSPs.

“I was pleased to meet with local campaigners to discuss the future of East Calder Health Centre and the next steps for our community,” said Mr Choudhury. “It is encouraging to see progress being made, and I want to thank everyone who has worked so hard to get us to this point.”

Mr Choudhury has welcomed recent correspondence from the Cabinet Secretary for Health and Social Care, Neil Gray. “I am pleased that the Cabinet Secretary recognises East Calder as a key focus and that his team is working with NHS Lothian closely to ensure this project can progress.” he said.  

He added that recent updates from NHS Lothian confirm that East Calder remains a central priority but stressed that significant questions remain unanswered.

“Local residents deserve clarity,” Mr Choudhury added. “We need to know when funding will be confirmed and when a timetable will be put in place for developing a business case. We also need transparency about the budget that has been allocated and what it will cover. Most importantly, we need a clear date for when construction of new facilities will begin.”

With the area experiencing rapid population growth, pressure on existing health services continues to increase. “While progress is being made, it is simply not happening quickly enough,” he said.

“The need for improved health facilities is urgent. Our community deserves timely action, not ongoing uncertainty. I will continue to press the Scottish Government and NHS Lothian for clear answers and real improvements on behalf of local residents.”

Poverty Alliance: Politicians can avoid division and build better future for all

WITH welfare and benefits in danger of becoming a political football in the Holyrood election campaign (see today’s FMQs for starters – Ed.), Scotland’s Poverty Alliance has spoken out:

Poverty Alliance Policy & Campaigns Manager Gary Christie said: “When it comes to ending the injustice of poverty and investing in a better future, the Poverty Alliance works constructively with leaders from all political parties.

“One of the things we ask of all is that they avoid creating false division between people. Very few politicians would criticise someone for using our NHS or claiming Pension Credit. So, it’s morally wrong to point at others who use our shared social security system.

“Nearly 40% of the people on Universal Credit are in work. Nearly 1 in 3 people referred to Trussell Trust foodbanks are in working households.

“We all pay into our shared public services, and we all benefit. People who don’t pay income tax contribute every time they buy something that has VAT on it. And many people on the lowest incomes in Scotland have higher tax rates than the wealthiest in society. We are all in it together.

“Instead of risking stigmatising and hurting our friends, neighbours and fellow citizens, it would be good for politicians to look at their own responsibilities first. They have the power to move towards a Minimum Income Guarantee based on fair work, strong services, and a just social security system for all of us. These must be pursued together, not traded off against one another to score political points.

“The Scottish Child Payment is a vital building block of that future. It helps give a decent start in life to more than 300,000 of Scotland’s children.

“Rather than talking about unjustly cutting some children off from that vital help, politicians can boost the value of the payment as one important stepping stone towards the Minimum Income Guarantee.”

Scottish Parliament team up with St John Scotland to install new Public Access Defibrillator at Holyrood

The Scottish Parliament has installed a new Public Access Defibrillator (PAD) outside the public entrance to the Parliament building.

The installation is a collaboration between The Scottish Parliament and St John Scotland.

Every year, over 3000 people in Scotland suffer an out-of-hospital cardiac arrest, an event which is fatal unless CPR and defibrillation are started by bystanders within minutes.  

The installation provides 24 /7 access for the public 365 days a year to the PAD.

The Rt Hon Alison Johnstone MSP, Presiding Officer of the Scottish Parliament said: “We’re pleased to partner with St John Scotland to give the public access to a defibrillator outside the Parliament building.

“Evidence shows the chances of survival from an out-of-hospital cardiac arrest can be increased two-to-threefold by the immediate provision of bystander CPR and defibrillation so this is a very positive step which can help save lives.”

Barri Millar, Chief Operating Officer, St John Scotland said: “St John Scotland is proud to support the Scottish Parliament with a new Public Access Defibrillator. We are committed to strengthening community resilience across Scotland and ensuring lifesaving equipment is accessible in every community.

“Together with our ‘Save a Life for Scotland’ partners, we continue to expand CPR awareness and increase access to defibrillators — helping save lives across the country.”

Questions raised around whether the Ecocide (Scotland) Bill is the best way forward, says Holyrood Committee

Questions have been raised around whether the Ecocide (Scotland) Bill, as drafted, is the best way forward, says Holyrood’s Net Zero, Energy & Transport Committee.

In its Stage 1 Report of the Member’s Bill, the Committee say that they consider ecocide should be treated as a ‘grave criminal wrongdoing’. However, owing to the lack of time remaining to address significant issues raised in evidence, a majority (see note 1 in Background) agree that the Bill as it stands should not proceed further during this parliamentary session.

The Bill, introduced by Monica Lennon MSP (above) in May 2025, aims to create a distinct criminal offence of ecocide; to reduce the likelihood of future incidents; and help protect Scotland’s population, wildlife and ecosystems.

Its proposals allow for both people and organisations to be convicted, with custodial sentences of up to 20 years and unlimited fines.

The report highlights questions over the definitions of key terms in the offence as set out in the Bill and an alternative approach of amending Section 40 of the Regulatory Reform (Scotland) Act 2014.

It says also that there are issues around the enforcement of environmental law and concerns that existing legal sanctions are rarely used.

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Convener of the Net Zero, Energy & Transport Committee, Edward Mountain MSP, said: “The Committee commends Member in Charge, Monica Lennon MSP for her work on this Bill, which has launched an important discussion about how we deal with ecocide.

“We agree with the principle of having stronger criminal penalties for severe environmental damage. However, the concerns raised during our scrutiny must be fully explored and this would require detailed consultation with prosecutors, regulators and expert stakeholders.

“Realistically, we do not believe there is any prospect of the issues being addressed comprehensively within the time we have remaining during this Parliamentary session. As a result, it would not be responsible for us to recommend that the Bill proceeds further at this stage.”

A key question raised during scrutiny was whether, instead of creating a standalone offence, existing environmental legislation (Section 40 of the 2014 Act) could be amended to create an ‘apex’ tier for ecocide-level harm, with increased penalties.

Related to this, the report says the Committee was struck by the lack of prosecutions under the existing Section 40. To gain a better understanding of why this is the case, and irrespective of any future route taken with this legislation, the Committee recommends that the Scottish Government undertake a short, targeted review of Section 40, early in next parliamentary session.

The report says that concerns about the legal clarity and workability of the Bill were raised. Uncertainty around the definition of key terms such as ‘severe environmental harm’ along with the Bill’s treatment of harm caused over a period of time, omissions and courses of conduct, left doubt as to whether prosecutors would be able to achieve the criminal standard of proof.

Furthermore, the report says that the Bill in its current form could create legal uncertainty within the planning system and potentially have a ‘chilling effect’ on decision-taking and major developments. It recommends that any future legislative approach, should provide a clear defence for licensed or authorised activities, which would protect operators acting within permits and public authorities exercising statutory functions lawfully and in good faith.

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SNP vote down Boyack’s Bill – despite promising it in manifesto

The SNP government voted down Sarah Boyack’s Wellbeing and Sustainable Development bill yesterday (Thursday), despite promising to deliver such a bill in their manifesto.

Ms Boyack has been working on this bill since 2021, and it was formally introduced in March 2025.

The SNP Government initially put forward a consultation in 2023 on their own wellbeing and sustainable development bill before not progressing with it.

Ms Boyack highlighted in her speech that the Deputy First Minister had assured her that the Scottish Government would work constructively with her on her bill.

However, the government then came out in opposition to Ms Boyack’s bill.

Dozens of stakeholders and industry experts came out in support of the bill and took part in the consultation process.

The bill aimed to create a Future Generations Commissioner, to deliver guidance and have investigatory powers,  to ensure that key policy decisions are made with the long-term interest in mind.

It would also have delivered a legal definition of sustainable development that public bodies would have to abide by.

Speaking after the vote, Ms. Boyack said: “I am extremely disappointed with today’s decision.

“The SNP promised this bill in their manifesto but now vote it down just weeks before an election.

“Instead of ensuring Scotland is a world leader in sustainable development, the SNP Government has kicked the issue into the long grass.

“I hope after the election, the new government takes this issue on board and finally cements joined up, long-term thinking into Scottish policy making and decisions.

“I am certain Scotland can and will be a world leader in sustainable development and deliver the change people urgently need but we must have a government that is willing to prioritise the long-term over short-term gains.”

Education Minister tells Indian Students: “We Want More of You Here” at INSA’s 10th Anniversary Launch

Scottish Higher Education Minister Ben Macpherson delivered a strong welcoming message to Indian students at the INSA India-Scotland Student Leadership Summit 2026 held at the Scottish Parliament yesterday (22 January 2026).

Addressing 78 Indian student leaders representing 9 Scottish universities, he emphasised that Scotland values their contribution and wants to see more Indian students choosing Scottish universities.

The summit comes amid ongoing UK-wide debate over international student policy and graduate migration routes, placing Scotland’s position in contrast to proposed national measures. It brought together Indian students from universities across Scotland and marked the first event in INSA UK’s year-long 10th anniversary celebrations under the banner “INSA@10: Ten Years of Empowering Indian Students in the UK.” 

In his address to students, Minister Macpherson made clear Scotland’s position on the proposed international student levy, stating that Scotland does not support the measure. He emphasized that the Scottish Government values the significant contribution Indian and international students make to Scotland’s economy and growth, and expressed his desire to welcome more Indian students to Scotland’s universities.

The Minister’s attendance at the summit represented his first direct engagement with the Indian student community in Scotland, lending significant weight to the government’s commitment to international education partnerships.

Siddharth Malik, Consul General of India in Edinburgh, reinforced the Minister’s message by describing the relationship as “a two-way partnership” where Indian students bring potential that helps Scotland grow and nurture talent. He highlighted the deep historical ties between India and Scotland that have strengthened over the years.

Sue Webber MSP, who hosted the event at Holyrood, welcomed the continued growth of Indian students into Scottish universities. A former hockey player who actively promotes sport, Webber called on attendees to support the upcoming Commonwealth Games in Scotland this year, drawing a natural connection between sport, inclusivity, and the Commonwealth ties that bind India and Scotland.

The summit featured the launch of the INSA@10 logo, symbolizing a decade of service since the organization’s founding in 2016 at the High Commission of India in London. What began as a small initiative has grown into the UK’s largest Indian student network, now representing over 100,000 students across more than 50 universities.

Professor Sue Rigby of Edinburgh Napier University praised the “immense talent and technical caliber” of Indian students, emphasizing her university’s industry-oriented Polytechnic heritage. She stressed the shared responsibility of universities and employers to ensure Indian students “don’t just land in Scotland, but are given the inclusive pathways to truly take root in the economy.”

A panel discussion explored the skills and mindsets needed to navigate Scotland’s professional landscape. Professor Neville Wylie of the University of Stirling connected the concept of “Scottish Grit” to the determination required in a global economy.

Professor Brad Mackay of the University of St Andrews addressed intensifying global competition for talent, urging students to remain self-reflective and deeply engaged with the educational ecosystem.

Professor Moyra Boland of the University of Glasgow noted that “seeing Indian women walking in sarees represented a visible blend of confidence, intelligence, and determination,” emphasizing that cultural inclusivity is essential for students to thrive and contribute to the Scottish economy.

Dr Chris Yeomans of the University of Edinburgh discussed preparing Indian students to lead Scotland’s workforce in an AI-driven future, with Edinburgh committed to “redefining graduate skills” to ensure technically gifted students move beyond entry-level roles.

Amit Tiwari, INSA UK National President, outlined the organization’s role as “a voice of hope for anyone facing challenges,” providing support and assistance whenever students need help.

Puneet Dwivedi MBE described INSA as “a crucial bridge for networking, representation, and leadership development,” helping students transition into meaningful professional engagement in Scotland.

Abhishek Bhatia inspired students by highlighting how immigration processes have evolved, making it easier for students to pursue opportunities today.

Also in attendance was Dr Poonam Mallik, Chair and Co-founder of MicroplateDx and former Board Member of Scottish Enterprise and Scottish Development International. The event was co-hosted by Aishwarya Raman, INSA Scotland Lead, and Aadhi Saravanan, University of Glasgow INSA Lead. The South Asian Network supported the event as the media partner.

The India-Scotland Student Leadership Summit represents the beginning of a year-long series of INSA@10 events that will take place across the UK throughout 2026, celebrating a decade of empowering Indian students and building the next generation of leaders.

Tackling gender-based violence on campus

New requirements for colleges and universities proposed

MSPs voted yesterday on Scottish Government proposals to strengthen how colleges and universities prevent and respond to gender-based violence (GBV).

The measures would require all post-16 education bodies to act to address GBV and provide support for students experiencing abuse, as a condition of the funding they receive from the Scottish Funding Council.

The Scottish Government has tabled amendments to its Tertiary Education and Training (Funding and Governance) Bill to introduce the new legal duty. The Scottish Government worked with the organisation EmilyTest and Pam Gosal MSP to develop the amendments.

Institutions will be required to report annually to the Scottish Funding Council (SFC) on compliance with these new requirements around gender-based violence, under the terms of the amendments brought forward by Higher and Further Education Minister Ben Macpherson.

Ben Macpherson said: “Our colleges and universities are remarkable institutions to learn in and thrive at for the vast majority of students.

However, we can always make them better and there is a clear need for more action on some campuses when it comes to tackling and preventing GBV.

“Our colleges and universities should always be places where all students can live, study and socialise safe from harm or harassment. Furthermore, all staff have the right to go to work in an environment free from the risk of abuse and violence.

“I know there is a lot of good work going on already across higher and further education institutions to address GBV issues on campuses and the changes we are proposing in this new law will strengthen that work.

“I would like to pay tribute to Fiona Drouet and her organisation, EmilyTest, for her important and inspiring work to shape these proposals during the Bill process and for her long-standing commitment to addressing GBV in our colleges and universities.

“Institutions must take every action within their power to reduce the risk of GBV happening. Also, we need to be consistent and cohesive in our approach, and the additional measures in this legislation will help us all move forward in delivering that collective endeavour.

“If passed by MSPs, these amendments and this Bill will make a meaningful and important impact.”