Issues faced by protected and disadvantaged groups should be proactively addressed as the country navigates its post-Covid recovery to ensure that nobody is left behind, according to a report from the Equalities and Human Rights Committee.
MSPs on the Committee are calling on their successor Committee in the next Parliament to prioritise these issues to ensure that existing inequalities are not further exacerbated by the Covid pandemic.
Convener of the Equalities and Human Rights Committee, Ruth Maguire MSP, said: “As the country navigates its way out of the Covid-19 pandemic, it’s vital that those who are already disadvantaged, should not face any further inequality.
“As this parliamentary term comes to a close, we need to ensure that these issues are given the utmost priority as we move forward to creating a more equal country after Covid.
“We need a strengthened approach that puts equalities and human rights at the core of what we do and urge our successor committee to play a key role in this by actively progressing the key issues highlighted in this report”.
In the report, published today, the Committee also called on all Scottish Parliament committees to prioritise equalities and human rights from the outset and to actively pursue and encourage participation from those least likely to engage to ensure their voices are heard.
MSPs also want to ensure the Scottish Parliament continues to develop as an effective human rights guarantor, demonstrating strong human rights leadership. The Committee has set out a number of actions to achieve in the new Session, building on the actions taken this Session.
TheScottish Government says lessons will be learned from the Scottish Government’s handling of harassment complaints, following the publication yesterday of the parliamentary inquiry’s report.
Responding to the findings of the Committee on the Scottish Government’s Handling of Harassment Complaints (SGHHC), Deputy First Minister John Swinney said it was clear that the women who had raised complaints had been let down.
Deputy First Minister John Swinney said: “I welcome the report of the Committee, which, alongside the independent report produced by James Hamilton and externally led review by Laura Dunlop QC, will assist the Scottish Government’s in learning lessons for the future.
“I also welcome the Committee’s acknowledgement that the Scottish Government was motivated by doing the right thing – creating a culture and procedure for investigating any claims of harassment.
“I agree with the Committee’s finding that James Hamilton’s report is the most appropriate place to address the question of whether or not the First Minister breached the Ministerial Code. He found there was no breach.
“The Scottish Government has acknowledged that it made mistakes and that these led to the Judicial Review being conceded, and I know that this had a real, and damaging, impact for the women who raised the complaints. We have apologised for this and we do so unreservedly again today.
“I remain absolutely determined that the Scottish Government should ensure this does not happen again and that together we create a culture where these behaviours do not arise.
“Given the timing of the report it is not possible to respond fully and in detail, not least because the three reports have overlapping areas of interest, and some recommendations are in conflict with those in other reports.
“Together, all three reports highlight a range of important issues and provide the basis for improvement work which now be taken forward in consultation with others including the Parliament, Trades Unions, and those with lived experience.
“The Scottish Government will carefully consider the recommendations from the Committee, alongside the other two review reports, in order to put improvements and an implementation plan in place.”
Mr Swinney chose not to address the committee’s contention that the First Minister mislead parliament, referring instead to Mr Hamilton’s findings.
But the Hamilton report clearly states: “It is for the Scottish Parliament to decide whether they were in fact misled”.
The committee DID decide … and found the First Minister guilty.
Mr Hamilton also expressed ‘deep frustration’ at redactions made to his report.
In a note accompanying the published report he stated: “A redacted report that effectively erases the role of any such individual in the matters investigated in the report cannot be understood by those reading it, and presents an incomplete and even at times misleading version of what happened.
“It is therefore impossible to give an accurate description of some of the relevant events dealth with in the report while at the same time complying with the court orders.
“I am deeply frustrated that applicable court orders will have the effect of preventing the full publication of a report which fulfils my remit and which I believe it would be in the public interest to publish.”
The Conservatives, the biggest opposition party at Holyrood, initiated a vote of No Confidence in the First Minister, but with the Greens supporting the government – and both Labour and the Lib Dems abstaining – the Tory motion was doomed to failure.
Nicola Sturgeon will face her final First Minister’s Questions session of this parliament later today; I wonder what the questions will be about!
Then, the next test comes in six weeks time when Scotland goes to the polls in the Holyrood elections.
A draft independence referendum Bill has been published to give people in Scotland the right to decide their future, once the current health crisis is over.
Constitution Secretary Michael Russell said the draft Bill is being brought forward to offer Scotland the choice of who is best placed to lead the country’s post-pandemic recovery – the people who live here or a government based in Westminster.
The draft Scottish Independence Referendum Bill publication sets out a number of key issues for a vote including:
the timing of a referendum should be a matter for the next Scottish Parliament to decide. Ministers have separately made clear it should take place once the public health crisis is over
the question “Should Scotland be an independent country?” is the same one used during the 2014 referendum and it will be tested by the Electoral Commission
voting eligibility will be extended to match the franchise at Scottish Parliament and local government elections
The draft Bill has been published on the Scottish Government’s website. It will be for a future Scottish Government to consider whether it formally introduces a Bill in the Scottish Parliament.
Mr Russell said: “Our top priority will continue to be dealing with the pandemic and keeping the country safe, but we are optimistic that because of the incredible efforts of people across Scotland better times lie ahead.
“The Scottish Government believes it should be the people living in Scotland who have the right to decide how we recover from the pandemic and what sort of country we wish to build after the crisis.
“If Westminster maintains its control, recent history shows what Scotland can expect: an economic recovery hindered by a hard Brexit that is already taking a significant toll and the continued, systematic undermining of devolution, which is weakening our parliament’s powers to maintain food and environmental standards and protect the NHS from post-Brexit trade deals.
“Scotland’s recovery should be made by the people who live here and who care most about Scotland. That is why Scotland’s future should be Scotland’s choice.
“It should be for the next Scottish Parliament to decide the timing of the referendum. So that the recovery from the pandemic can be made in Scotland, the Scottish Government believes it should be held in the first half of the new Parliamentary term.
“If there is a majority in the Scottish Parliament after the forthcoming election for an independence referendum there can be no democratic justification whatsoever for any Westminster government to seek to block a post-pandemic referendum.”
Scot Lib Dem candidate for Northern and Leith slams SNP for prioritising independence over recovery
Scottish Liberal Democrat candidate for Edinburgh Northern and Leith, Rebecca Bell has criticised the Scottish Government for diverting their attention to an independence referendum instead of focusing on the pandemic.
On Monday 22nd March, the Scottish Government published a draft bill on a proposed second independence referendum which sets out the SNP’s plans to hold a referendum early in the next Parliament.
The document states that the timing of a vote will give power to MSPs to determine the timing of another referendum on independence, rerunning the same question as used in 2014 “Should Scotland be an independent country?”.
Rebecca Bell said: “People are under huge pressure from the pandemic and after years of arguing about independence and Brexit, the last thing we need right now is another independence referendum.
“While families and businesses have been worried about their lives and livelihoods, the SNP have put civil servants and their resources up to the task of planning an independence referendum instead of planning for the recovery from the pandemic.
“We need a Pandemic Recovery Bill, not a Referendum Bill which distracts from our recovery. This should be our absolute priority. The Scottish Liberal Democrats will put the recovery first and use our strength and influence to build a fair, green recovery for everyone.”
Leader of the Scottish Liberal Democrats Willie Rennie said:“Holy moly, they’ve had people working on the referendum instead of dealing with the pandemic.
“Dozens of civil servants could have been planning to get cancer services running full speed but they’ve been ordered to do this instead. Or they could have been working on getting funds to business, better mental health services or support for schools.
“We are still in a pandemic. Thousands have lost their lives, thousands more have lost their job.
“Reasonable people will think that this is the wrong moment to be pushing a referendum.
Ministerial Code report published: First Minister cleared of code breach
The independent report by Mr James Hamilton on the First Minister’s self-referral under the Scottish Ministerial Code has been published.
Mr Hamilton is a former Director of Public Prosecutions in Ireland and has been an independent adviser on the Code since January 2013, having been appointed by Alex Salmond when he was First Minister.
He was asked to assess whether there had been any breach of the Code by the First Minister, the nature of any such breach and, if a breach had occurred, to advise on the appropriate remedy or sanction.
Mr Hamilton looked at the following:
the First Minister’s meeting with Geoff Aberdein on 29 March 2018, and the meetings / telephone calls with Mr Salmond on 2 and 23 April, 7 June and 14 and 18 July 2018
whether the First Minister misled Parliament about these meetings
whether the First Minister attempted to influence the conduct of the investigation
whether the First Minister broke the code by continuing with the judicial review.
On each point he found the First Minister had not breached the code, saying in his conclusions at para 18.2 of the report: “I am of the opinion that the First Minister did not breach the provisions of the Ministerial Code in respect of any of these matters.”
Mr Hamilton’s report, formally commissioned by Deputy First Minister John Swinney, was delivered to the Scottish Government yesterday. In line with the First Minister’s commitment to Parliament, the report has been published on the day of receipt.
The report is published in full, except for information that needs to be excluded to comply with court orders in force to protect the identity of complainers. In a covering note to the report Mr Hamilton has acknowledged that redactions will be necessary.
Commenting, Mr Swinney said: “I want to thank Mr Hamilton for his thorough and impartial assessment of the facts.
“People can read the report for themselves, but the rigour and independence of his investigation is clear.
“This report is the formal outcome of the self-referral under the Ministerial Code made by the First Minister on 13 January 2019. I hope that everyone will now accept that Mr Hamilton’s conclusions are comprehensive and evidence-based.”
Mr Hamilton’s report said Ms Sturgeon had given an “incomplete narrative of events” to MSPs but he said this was not deliberate, rather a “genuine failure of recollection”.
While Mr Hamilton’s report relieves some of the pressure on First Minister Nicola Sturgeon, a Holyrood committee is expected to take a very different view when it finally publishes it’s findings this morning.
It’s parliament’s responsibility to hold the government to account, and a cross-party committee of MSPs has been scrutinising the government’s handling of the complaints against former First Minister Alex Salmond.
The committee’s work has been hampered throughout by obstructions placed in their way by the government and the Crown Office, but their final report is expected to be highly critical of Ms Sturgeon’s recollection of events. The report is likely to accuse the First Minister of misleading their investigation – that’s parliament-speak for lying.
The Committee on the Scottish Government Handling of Harassment Complaints will formally publish its full report at 8am.
In a pre-emptive strike, Ms Sturgeon has already dismissed the committee’s report as ‘partisan’.
The Scottish Tories also plan to hold a vote of no confidence in the First Minister today, but this seems doomed to failure as the SNP Government has the support of the Scottish Greens.
When all this is over, it’s full steam ahead to May’s elections – and it remains to be seen whether any of the above will make any difference at all to voting intentions. Was this a deliberate attempt to subvert our democracy – or just a Salmond Sturgeon stooshie of interest only to political anoraks and conspiracy theorists?
The Scottish Parliament’s Culture, Tourism, Europe and External Affairs Committee has stated that the societal and economic impact of Brexit is likely to intensify as Scotland begins to emerge from the Covid-19 pandemic.
In a legacy report published on Friday, the Committee says scrutiny of the UK’s evolving relationship with the EU should be an early and urgent priority for a successor Committee.
The report highlights that alignment with the EU regulatory regime will be a key scrutiny challenge going forward. Monitoring EU policy and legislative developments will be necessary to determine how aligned future Scottish Governments will remain with the EU.
The Committee considers that Brexit has resulted in UK legislation re-shaping devolution and increased the complexity of the devolved settlement.
Evidence taken by the Committee in 2021 also reveals the substantial impact on key sectors of the economy due to the new trading relationship and this is likely to intensify in the coming months.
The combined impact of Brexit and Covid-19, the report says, has created significant challenges across the economy with the impact felt hardest by small and medium-sized businesses.
The report also highlights the significant impact of the pandemic on the cultural sector, specifically the viability of cultural venues and the need for a strategy to ensure they emerge sustainably from the pandemic. The Committee recognises the increased financial pressures facing the arts and recommends further monitoring to make sure funds are adequately supporting the sector.
The February 2021 announcement of an extra £9m for the Creative Freelancers Hardship Fund was welcomed but the Committee has stressed that more support is needed.
Another key area of scrutiny within the Committee’s culture remit was the Glasgow School of Art inquiry, which determined that the school did not specifically address the risk of fire to the Mackintosh building despite risks being identified.
The Committee understands work is ongoing by the Scottish Government to carry out a fire mitigation review of publicly-owned A listed buildings and recommends its successor seek an update on the progress of this work.
The Committee repeated its call for the Scottish Government to establish a public inquiry with judicial powers into the 2014 and 2018 fires at the Glasgow School of Art.
Speaking as the report was published, Committee Convener Joan McAlpine MSP said:“The UK’s withdrawal from the European Union has been a key area of focus for the Committee in Session Five.
“It has become abundantly clear that, although we have left the EU, there are still very real concerns and issues that will continue to affect Scotland in the years ahead.
“Moving into the post-Brexit reality, the Committee wants to see the Scottish Parliament and Government represented in the governance structures established by the new EU-UK relationship in order to ensure that Scotland’s voice is heard, especially when it comes to the impact of the Agreement on devolution”.
Ms McAlpine added:“The 2014 and 2018 Glasgow School of Art fires were of significant concern to the Committee because of the global, architectural significance of the Mackintosh building.
“We urge the Scottish Government, once the Scottish Fire and Rescue Service investigation has been completed, to undertake a public inquiry with judicial powers to understand what went wrong in Glasgow, explore the risks posed by fire to historic buildings and the ability of custodians to effectively manage properties to prevent such tragedies happening again in the future.”
Deputy Convener Claire Baker MSP said:“It is difficult to overstate the immense impact of the Covid-19 pandemic on Scotland’s cultural sector.
“The Committee is acutely aware that this sector depends upon an extensive network of freelancers, many of whom could not access government support during the pandemic as they did not meet the eligibility criteria.
“Additional financial support announced by the Scottish Government in recent weeks is welcome, but it is clear that more needs to be done to support this important but vulnerable group.”
A Scottish Parliament Committee has called on the UK Government to make permanent the temporary £20 Universal Credit (UC) uplift and has expressed ‘considerable concern’ about the significant number of people unable to access social security support during the pandemic.
With the pandemic having a disproportionately negative impact on the poorest in society, the Committee highlights the urgent need to review what has been learned so far to ensure existing services are reformed and new services designed to provide people with the support they need to come through this major economic shock.
While praising the unprecedented amount of resource that has been passed to public bodies, local authorities and the third sector to help in response to the pandemic, the Committee express deep concerns about the number of people unable to access any support.
They say the newly self-employed and people with savings are two groups who have not been given sufficient support by the current social security system.
The Committee has called on the Scottish and UK Governments to work together to consider the feasibility of a Citizens Basic Income (CBI) as part of the response to any future crisis.
They say this is potentially a fairer way to share available support and could avoid some groups of people receiving no support at all.
Given the main income-replacement benefit (UC) is reserved to UK Ministers and the interlink between Scottish social security benefits and UK Government DWP benefits, the Committee say it is more important than ever that both Governments work constructively together to respond to this crisis.
Speaking as the report was published, Social Security Committee Convener, Bob Doris MSP, said:“This pandemic continues to have a devastating impact on people’s lives, particularly our most vulnerable in society.
“Social security has a critical role to play in supporting people at times of crisis and while we recognise the unprecedented support both the Scottish and UK Governments have provided, it is clear that too many people have fallen through the cracks.
“In order to protect the most vulnerable, the temporary uplift in Universal Credit must be made permanent, and more must be done to help those not currently eligible for support, particularly the newly self-employed and those with savings. A Citizens Basic Income for the duration of any future crisis may be one way to protect those who have missed out on support.
“As we know, responsibility for assistance with housing costs lies mainly with the UK Government and Scottish Ministers have very limited powers in this area. So we are calling on both Governments to work together to look at what assistance can be provided to people struggling, whatever their tenure.”
He added: “The Committee is extremely disappointed that the Secretary of State for Work and Pensions did not accept any of the Committee’s invitations to give evidence, either for this inquiry or previous Committee work. Given the interlinked nature of social security across both Governments: this must change in future.
“We’d like to thank all who contributed to our inquiry. The long-term impact of the pandemic is still unknown but it is vital that social security provides a safety net for all of those who need it during this and any future crises.”
The Committee say the pandemic has exposed some of the shortcomings of the current social security system, including problems with the Scottish Welfare Fund (SWF). They say these problems have been exacerbated by the pandemic and have urged the Scottish Government to work with COSLA to review the SWF to ensure it is fit for purpose.
The Committee’s report also says although locally distributed discretionary payments play an important role when responding to urgent or temporary need, longer-term needs are better met by national entitlements with clear and consistent eligibility criteria to give people certainty when accessing support.
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.”
