Holyrood elections: planning is key for safe campaign and polls

The safety of campaigners, election workers and the public is central to plans for the Scottish Parliament election, Parliamentary Business Minister Graeme Dey has said.

In a statement to the Scottish Parliament yesterday, Mr Dey said Scottish Government guidance will be published shortly setting out what is permitted under public health restrictions. This approach has been discussed with all political parties.

The Electoral Commission is also publishing guidance for candidates for the election, which takes place on 6 May.

Under the plans, leafleting could start from 15 March if sufficient progress is made for the current rules on socialising to be eased to allow outdoor meetings of four people from two households.

Strict safety measures will also need to be observed including physical distancing and wearing of face coverings.

Because of the ongoing threat from the coronavirus (COVID-19) pandemic, face-to-face campaigning on the doorstep cannot commence at the same time as leafleting.

Instead, the provisional intention is to allow door-to-door canvassing from 5 April provided the current Stay at Home restrictions have been lifted and the infection rate across Scotland has fallen to 50 per 100,000.

This is the infection rate which the World Health Organisation considers as evidence the pandemic is sufficiently under control to allow safe community activity.

However, activities such as street stalls, physical hustings and giving voters a lift to polling stations will not be permitted for the duration of the campaign.

Mr Dey said: “An enormous amount of work has taken place across our electoral community to ensure that the election in May can be conducted safely. It is as a result of the hard work of electoral professionals over the course of the winter that I am confident the election can go ahead on 6 May.

“It is fundamental for a democracy to hold scheduled elections, provided it is safe to do so. This parliament has sat for a year longer than originally intended and many countries have already held elections successfully during the pandemic.

“It is also the case that eight local government by-elections were held in Scotland over October and November safely and fairly.

“I would like to offer my sincere thanks to all those involved in preparations for polling and the counting of votes and also members of political parties across the parliament who continue to engage constructively in the lead up to the election.”

Malcolm Burr, convener of the Electoral Management Board, said: “Returning Officers take the management of all elections very seriously. On 6 May, we will be just as committed to ensuring the safety of voters, candidates, staff, and others as we are to ensuring the integrity of the electoral process.

“There will be challenges caused by the pandemic, but with the right planning, support from Public Health officials, guidance from the Electoral Commission and the directions to Returning Officers and Electoral Registration Officers, a safe and well-run election can take place with results in which voters can have confidence.”

For more information on the safety of the election and campaigning read the full parliamentary statement.

Stakes couldn’t be higher as Sturgeon faces biggest test

First Minister Nicola Sturgeon faces the biggest test of her political life when she is grilled by a Holyrood Committee this morning.

The First Minister faces questions over her government’s handling of events surrounding the 2018 harassment investigation into Alex Salmond. It was found to be unlawful by a court in a process which cost the taxpayer over £600,000.

Questions have been raised over her recollection of events and Former First Minister Alex Salmond has accused his one time friend and ally of misleading parliament: that’s tantamount to lying and, if proven, Miss Sturgeon would be expected to resign.

The Tories are not waiting for the committee to deliberate, however: they have passed judgement already. The Scottish Conservatives lodged a motion of no confidence in the First Minister last night following the long-awaited release of legal evidence relating to the case.

The documents cover the key advice from external Counsel that informed decisions at critical points in the progress of the judicial review.

Two key witnesses also come forward ast night with an offer to give evidence which supports Mr Salmond’s timetable of events.

Scottish Conservative leader Douglas Ross said: “There is no longer any doubt that Nicola Sturgeon lied to the Scottish Parliament and broke the ministerial code on numerous counts.

“No first minister can be allowed to mislead the Scottish people and continue in office, especially when they have tried to cover up the truth and abused the power of their office in the process.”

The First Minister has repeatedly said that she ‘can’t wait’ to give her side of the story to the Holyrood committee. Today, she has that opportunity.

There is huge pressure on the First Minister when she faces the committee in an hour’s time – she simply cannot afford to put a foot wrong. Her personal future, that of her party in May’s elections and even the very future of the independence movement itself are all at stake.

On Budget Day it takes something hugely important to replace the Chancellor’s plans as the main political story, but dramatic events at Holyrood have done just that.

This promises to be a memorable day indeed.

Salmond Inquiry: Key legal advice to be released

The key legal advice that underpinned the Scottish Government’s defence of the Judicial Review taken by Alex Salmond will be released today.

Last night’s decision by Deputy First Minister John Swinney has received the prior agreement of the Law Officers in line with paragraph 2.40 of the Scottish Ministerial Code.

Ahead of release, under the General Data Protection Regulation, legal notifications to individuals impacted are required. These are expected to be complete and, subject to them, the Parliament will receive the material immediately thereafter.

Deputy First Minister John Swinney said: “In normal circumstances, government legal advice is not released. Indeed, such is the importance of being able to get frank, private advice, it is almost unheard of for the legal advice to be released.

“But, we have to acknowledge that the issues at stake now are not normal. The very integrity of the legal system is being questioned.

“Serious allegations have been made. This material allows people to confirm that these allegations are false.

“We have already shared in private with the Scottish Parliament’s committee on these issues the substance of the advice.

“Now, we recognise that in order to counter to the false claims being made by some, we must go further. Subject to the mandatory legal checks and processes, we will release the key legal advice.”

The ongoing controversy centres on legal advice given to the Scottish government after former First Minister Alex Salmond launched judicial review proceedings in 2018 over the way harassment complaints against him had been handled.

The government finally had to admit it had acted unlawfully because its investigating officer had had prior contact with the two complainers – but the error left taxpayers to foot the bill for Mr Salmond’s legal bill of over £500,000.

Mr Swinney had faced a vote of no confidence at Holyrood if he refused to release the information. The vote of confidence would have carried as the Scottish Greens supported the motion, ensuring a majority in parliament.

This was the THIRD time parliament had requested the release of the papers.

If the legal advice is published in full – IF – it will help to shed some more light on a complicated case which is damaging the Scottish government’s reputation and calls into question the way our democracy functions.

If the published legal advice is heavily redacted, however, (note Mr Swinney’s used of the word ‘key’ in his statement), it’s likely that the vote of no confidence will go ahead.

Key player Lord Advocate James Wolfe QC, who was heavily criticised when former First Minister Alex Salmond gave evidence to the committee on Friday, is set to give evidence to the Holyrood committee this morning, while First Minister Nicola Sturgeon will give her much-awaited testimony tomorrow.

EXCLUDED: People from deprived backgrounds still left out of community empowerment action, say Holyrood Committee

A Scottish Parliament Committee has criticised the implementation of the 2015 Community Empowerment (Scotland) Act saying that not enough has been done to empower people from deprived backgrounds to take action in their communities.

The report by the Local Government and Communities Committee reflected on the impact of two key areas of the act aimed at empowering communities: participation and asset transfer requests. They concluded there is clearly work to be done in raising awareness of both, particularly in disadvantaged areas.

The Committee say a lack of resources and support at grassroots level is hindering progress in empowering communities, with the Scottish Household Survey revealing only 18% of Scots feel they can influence decisions affecting their local area.

They say more must be done to identify how to overcome barriers to engagement and have called on the Scottish Government to work with public bodies and COSLA to help communities use their rights to challenge and influence decisions and services.

With only just over 60 participation requests made since 2017, the Committee says it doubts whether, as suggested by one local authority, that indicates high levels of satisfaction with local services and that local communities feel more empowered.

They say that institutional views amongst councils that participation requests denote “failure” are holding back progress and need to change, and have recommended that the Scottish Government introduces an appeals mechanism to improve the process.

The Committee welcome the generally positive view stakeholders have of asset transfer requests. But they express concern with evidence that these requests can run into a wall, when the asset belongs to, or is operated by, an Arms-Length External Organisation (ALEO).

The report asks for clarity from councils and ALEOs to agree who owns which assets, and to make this information accessible to help improve the process.

Speaking as the report was published, Local Government and Communities Committee Convener James Dornan MSP said: “Our extensive engagement work has made it clear to us that community wellbeing is synonymous with community empowerment. Engaged and empowered communities are essential if people are to feel they have a real say in how their community operates.

“We’ve heard a number of really inspiring stories showing community empowerment driving positive change but it’s clear more must be done to ensure communities across Scotland, and particularly those from disadvantaged areas, can be a part of this.

“The Committee is concerned by evidence we have received of bodies coming across as indifferent or even hostile to the rights communities have to influence decisions.

“Knowledge is power and there is no doubt more must be done to raise awareness of participation requests and asset transfer requests which can give communities the tools to feel empowered.”

He added: “We appreciate that councils have faced unprecedented challenges this year as a result of the pandemic, but we are disappointed that local government did not play a bigger role in our inquiry.

“We are also very concerned by the low level of compliance from local authorities and public bodies with the formal reporting requirements outlined in the 2015 Act and this must be rectified so we can monitor the levels of community engagement.”

Pubgoers urge MSPs to support new law to protect our pubs

Pub goers and beer drinkers from across the country are urging MSPs to support a new law being debated this week which would help pub licensees earn a decent living – and increase the choice of local and independent beers on offer in our locals. 

The proposed new law – the Tied Pubs (Scotland) Bill which has been put forward by Labour MSP Neil Bibby – would introduce a Pubs Code to govern the relationship between tied pub tenants and pub-owning businesses, with an Adjudicator to enforce the rules. 

It is designed to prevent national pub-owning businesses from taking more than is fair or sustainable from the profits of their tied tenants who lease pubs from them. 

Tied pubs see licensees rent the premises from a pub-owning company, with landlords required to buy beer and other supplies from that company. 

The Scottish Parliament’s Economy, Energy and Fair Work Committee is debating Stage 2 of the Tied Pubs (Scotland) Bill this week. 

As well as helping publicans earn a decent living, the Bill would also allow them more choice over which beers they stock, instead of having to buy a restricted range of stock at increasingly high prices from the pub-owning company. 

Consumer group CAMRA, the Campaign for Real Ale, is backing the new law, with its branches across the country urging MSPs to pass the legislation without delay to help protect and improve community pubs by allowing tied licensees to earn a decent living and increasing choice of local, independent beers on offer at the bar. 

Commenting CAMRA Scotland’s Director Joe Crawford said: “Pub goers and beer drinkers across Scotland are urging MSPs to vote in favour of the Tied Pubs Bill, to make sure that those running tied pubs are treated fairly, can earn a decent living and build back better after the COVID-19 crisis. 

“As well as helping licensees, this new law could also see more beers on offer from small, local and independent breweries which will help increase choice for consumers at our locals. 

“It’s not fair that large pub-owning businesses can restrict landlords to buying certain beers from them at above-market value and prevent them from support small, local breweries by offering these beers on tap.

“That’s why we are urging MSPs to support the interests of consumers, community pubs and hard-working tied pub tenants over the large pub-owning businesses by voting in favour of the Tied Pubs Bill this week.”

Salmond submission published

Alex Salmond’s final submission to Wednesday’s committee inquiry has been published.

It’s quite a document, and on reading it you can understand why some people have done their damndest to make sure it never saw the light of day.

Take this, for example:

“I leave it to others the question of what is, or is not, a conspiracy but am clear in my position that the evidence supports a deliberate, prolonged, malicious and concerted effort among a range of individuals within the Scottish Government and the SNP to damage my reputation, even to the extent of having me imprisoned.

“The individuals, for the avoidance of doubt: Peter Murrell (Chief Executive), Ian McCann (Compliance Officer) and Sue Riddick (Chief Operating Officer) of the SNP, together with Liz Llloyd, the First Minister’s Chief of Staff.

There are others who, for legal reasons, I am not allowed to name.”

Should be quite an interesting session … !

Citizens Panel: Scottish Government must set out its Covid-19 strategy

A panel of the public convened by the Scottish Parliament’s Covid-19 Committee has reported its findings to MSPs.

The 19-member panel, which broadly reflects the demographic make-up of Scotland, met over four Saturdays to consider the question ‘What priorities should shape the Scottish Government’s approach to COVID-19 restrictions and strategy in 2021’, hearing from experts to help inform its findings. 

Key conclusions in its report include: 

* The panel believes the Scottish Government should focus on stopping the spread of virus, ideally by pursuing an ‘elimination’ strategy. 

* The panel believes elimination would provide the fastest way back to ‘normal’, but also recognised that this needs maximum cooperation across UK, as well as accepting travel restrictions;

* If this is not possible, the panel recommends a ‘maximum suppression’ strategy should be adopted, with a reinvigorated Test and Protect to keep case numbers low once they have dropped. The panel concluded that by tackling the direct harm of the virus head on, other harms (economic, societal, other health problems) will also reduce;

* Priority should also be given to supporting a green recovery, young people’s economic opportunities, town centres, and continuing support for businesses; 

* The Scottish Government must therefore define what it is aiming to achieve and tell us what its strategy is moving forward. Key to understanding this is what it deems to be an acceptable level of infection in the population, so that it is clear what restrictions will be effective in 2021.

The panel also considered wider issues associated with the pandemic within its deliberations. It agreed:

* Previous lockdowns happened too slowly – resulting in longer lockdowns and more deaths;

* Communication and explaining strategies is key to public acceptance and understanding. This is most effective when scientists and clinicians can take centre stage;

* Globally, no one is safe until everyone is safe.

Members of the panel will give evidence to MSPs on the Covid-19 Committee about their report today (Thursday 18 February).

In the coming weeks, the report will also inform MSPs’ consideration of the possible extension of the emergency Coronavirus legislation, which is currently due to expire at the end of March.

Covid-19 Committee Convener, Donald Cameron MSP, said: “The Committee is very grateful to the members of the public and experts who gave their time to participate in deliberations. 

“The steps taken to counter this virus are so drastic they would have been unimaginable a year ago. It is therefore vital we gauge the public mood as we enter into the next phase of managing the pandemic.

“The considered priorities of this broadly representative group, who have looked at the issue with fresh eyes, will help inform us as we begin to look at the likely extension of the emergency powers, and work to ensure the efforts of Government are focused in the right place.

 “We are looking forward to hearing more from panel members, and testing their conclusions, at our next meeting.”

The panel was announced and first met on 16 January.

The full report and further information on the panel will be online here.

Radical changes needed to deliver primary care fit for the 21st century, says Holyrood Committee

A radical revision of primary care is essential to ensure the next generation of citizens receive the care they need, according to the Scottish Parliament’s Health and Sport Committee.

In a report published today, the Committee say the traditional 9-5, 5 days a week service must become a thing of the past, replaced with a new model shaped around users’ needs. They urge the health service to fully embrace technology, enabling better data sharing and monitoring, to deliver a 21st century system fit for patients.

The Committee’s report is the culmination of a two-year inquiry into the future of primary care. The innovative inquiry was centred around members of the public with their views shaping the inquiry. The first phase of the inquiry, published in July 2019, revealed the public’s desire and support for a transformation in how services are accessed and delivered.

The inquiry has highlighted the growing costs and demands on the health service due to an ageing population and their more complex health needs, as well as an obesity epidemic and stark health inequalities in Scotland’s most deprived areas.

The Committee’s report questions the Government’s commitment to recruit at least 800 more GPs by 2030. They say the emphasis should instead be placed on committing to appropriate recruitment of professional staff across multi-disciplinary teams (MDTs), including both GPs and other professions, which can deliver the intended benefits to primary care as a whole.

Speaking as the report was published, Committee Convener Lewis Macdonald MSP said: “It is clear that when it comes to primary care the status quo is no longer an option. Existing ways of delivering care are not only financially unsustainable but have failed to keep pace with modern life.

“We need to radically rethink primary care so that we can ensure our citizens receive the best possible care for generations to come.

“We must move away from the automatic provision of prescriptions and towards social prescribing. There must be widespread adoption of a preventative model of delivering care and the health service must fully embrace new technology.

“A fundamental shift is also required in how the public and health professionals view General Practice. Instead of GPs being seen as the provider of all services, a new approach should be adopted where other health professionals, who are often better placed and equipped to help and support people can do so.

“Our inquiry has been driven by hearing directly from the public about the primary care services they want, need and require and the Committee wants to thank all who took part in our public forums and shared their views.”

The Committee say a focus on prevention needs to be prioritised and mainstreamed, but for this to be a success it goes beyond just the health service.

They identify the importance of local communities in delivering good health outcomes and say there is a clear desire amongst the public for connected communities, with spaces that give people opportunities to become active and socialise, and to connect to the local natural environment.

Widespread adoption of video consulting service ‘Near Me’ during the Covid-19 pandemic has been commended although the Committee has expressed reservations that default use could deepen health inequalities.

The report can be found here.

Time To Be Bold: Care union urges MSPs to support call for £15 an hour social care minimum wage

GMB Scotland is urging all MSPs to support its campaign for a £15 an hour minimum wage for care workers.

In a letter to political party leaders ahead of a Scottish Parliamentary debate on the Independent Review of Adult Social Care this afternoon (Tuesday 16 February), the union calls on MSPs to grasp “a once in a generation opportunity to transform social care” by underpinning reforms with “proper value for the workers who will deliver it.”

The Cabinet Secretary for Health and Sport Jeane Freeman MSP will lead the debate for the Scottish Government and recommend the incoming Scottish parliament should implement the findings of the Independent Review “as quickly as practicable”, with opposition MSPs lining-up to back GMB’s pay increase plan for the sector.

The union’s ‘Fight for Fifteen’ campaign was launched following the publication of its sector report, ‘Show You Care: Voices from the frontline of Scotland’s broken social care sector’, which highlighted the significant challenges facing care workers before and during the first wave of the COVID-19 pandemic.

GMB Scotland’s Women’s Campaign Unit Organiser Rhea Wolfson said: “The recommendations of the independent review are a once in a generation opportunity to transform social care, but only if they are underpinned by proper value for the workers who will deliver them.

“The report is clear that every £1 spent on social care generates £2 for the wider economy, so if government and industry invest properly in this sector and its people, the effects could be transformative not just for workers and service users, but for society too.

“COVID-19 has exposed how poorly our care workers have been valued, a workforce of mainly low-paid and often exploited women who found themselves on the frontline of a crisis without proper safety or support.  

“We owe them a huge debt and if we really want to put care on an equal footing with the NHS as the Cabinet Secretary suggests, then we have to back that up with the investment to match.

“Now is the time to be bold and today Holyrood can rise to the challenge. That’s why we are urging MSPs to stand with our members in care and support their campaign to fight for fifteen.”

Brexit: Holyrood needs to clearly define its scrutiny role, says expert panel

Holyrood needs to define more clearly its scrutiny role in response to Brexit, according to a new report to be discussed by the Finance & Constitution Committee this week.

A panel of fiscal, economic and constitutional experts says devolution is now much more complex, with its recent fiscal powers and post-Brexit changes, that the Scottish Parliament must change its approach to scrutiny after the 2021 election.

The panel recommends that to support this work a short, tightly focused independent review of the committee structure should be established, to report back to Parliament as soon as possible. 

The focus of the review should be on committee remits in the next Parliament and should include consideration of the fiscal and Brexit-related issues raised by the experts, along with the legacy reports of other committees. 

Holyrood’s Finance & Constitution Committee, who commissioned the expert panel’s analysis, will consider the findings this week.

Expert panel member Professor James Mitchell, University of Edinburgh said: “Devolution is now much more complex and challenging to understand with the powers of Scottish Ministers shared with UK Ministers in many significant policy areas. 

“For example, in relation to income tax and in many policy areas previously within the competence of the EU.  This means that the Parliament will need to be much more aware of how UK legislation impacts on devolved areas including the extent to which it constrains the powers of Scottish Ministers.

“At the same time the Parliament will need to continue to scrutinise policy developments at an EU level.  Both in terms of the on-going impact of the UK-EU trade agreement on devolved areas and the extent to which the keeping pace power is used.”

Setting out the expert panel’s recommendations, Charlotte Barbour, Director of Taxation, The Institute of Chartered Accountants of Scotland said: “The Panel’s view is that if there is to be meaningful scrutiny of Brexit-related developments, the Parliament cannot merely continue with the existing approach to its scrutiny function. 

“The future scrutiny burden arising from Brexit is so great that if it is carried out in an ad-hoc manner it is unlikely that it will be done effectively.

“Instead, a more systematic and carefully planned approach is required, albeit with a need for flexibility in order to react to changing circumstances.  The Panel, therefore, recommends that Parliament in consultation with the Scottish Government needs to clearly define its scrutiny role in response to Brexit.

“To support this work, we propose that a short and tightly focused independent review of the committee structure should be established forthwith and report to the Parliament as soon as practically possible.  

“The focus of the review should be on committee remits in the next Parliament and should include consideration of the issues raised in this report and the legacy reports of other committees.

“The review findings should help to inform the agreement of the committee structure and committee remits for Session 6.”

The expert panel also made recommendations for the committee that will succeed the Finance & Constitution Committee after the May 2021 election:

• The Panel’s view is that there is likely to be an increased demand for parliamentary time to consider tax legislation and therefore the ongoing work of the Devolved Taxes Legislative Working Group should be an early priority in Session 6.

• The Panel agreed the successor committee should explore how COVID-19 has impacted the taxation system and consider options for a restructuring of the taxes which are devolved including a human-rights based approach. The Panel recommends that this inquiry should be a priority for the successor committee.

Finance & Constitution Committee Convener Bruce Crawford MSP said: “The calibre of our expert panel speaks volumes. I welcome this insightful, authoritative analysis.

“There is much for our committee and the rest of the Parliament to consider. I am sure it will be influential on the establishment of committees in the new Parliament.”  

Read the expert panel’s full report here.

The expert panel was asked to consider:

• The devolution of further powers through the Scotland Act 2016, following the recommendations of the Smith Commission.
• The operation of the UK/Scottish Government’s Fiscal Framework including in response to COVID-19.
• The constitutional impact of Brexit on devolution.

The panel members, in alphabetical order, are:

• Charlotte Barbour, Director of Taxation, The Institute of Chartered Accountants of Scotland
• Douglas Fraser, Business & Economy Editor, BBC Scotland
• Professor Michael Keating, Centre on Constitutional Change
• Professor James Mitchell, University of Edinburgh
• Christine O’Neill QC, Chairman, Brodies LLP
• Mairi Spowage, Deputy Director, Fraser of Allander Institute
• Mark Taylor, Audit Director Audit Scotland
• Dr Hannah White, Deputy Director, Institute of Government.

They were joined by Professor Tom Mullen, Professor Kenneth Armstrong and David Phillips who are Advisers to the Finance & Constitution Committee.  Dr Jim Johnston, Clerk to the Committee, chaired the panel and support was provided by parliament officials. 

Find more information about the Finance & Constitution Committee here.