Committee seek views on proposed amendments to the National Care Service Bill

A Holyrood Committee is seeking views on substantial amendments the Scottish Government is proposing to make to the National Care Service (Scotland) Bill.

The Health, Social Care and Sport Committee backed the Bill at Stage 1 (by a majority) but made clear they would seek to carry out detailed further scrutiny of the proposals at Stage 2. This followed the conclusion of a consensus agreement between COSLA and the Scottish Government on shared legal accountability for governance of the proposed National Care Service, which the Scottish Government had indicated would require the Bill to be substantially amended.

Maree Todd, Minister for Social Care, Mental Wellbeing and Sport, has now provided the Committee with draft Scottish Government amendments to the Bill and the Committee is keen to find out views on these proposed amendments, ahead of formal Stage 2 proceedings.

One of the key proposed changes to the Bill which the Committee is seeking views on is the creation of a National Care Service Board which would be responsible for national oversight and improvement of social care and social work services.

The Committee is also seeking views on a newly proposed ‘National Care Service strategy’ and substantial reform of integration authorities via amendment of the Public Bodies (Joint Working) (Scotland) Act 2014.

In a letter to the Committee, the Minister outlines four areas where she says, ‘further work is needed to confirm which legislative approach would best deliver the intended changes.’ These include direct funding, the inclusion of children’s services, the inclusion of justice social work and Anne’s Law, and the Committee is asking for views on each of these areas.

Clare Haughey MSP, Convener of the Health, Social Care and Sport Committee, said: “When a majority of our Committee backed the general principles of this Bill, we made clear we would need to carry out detailed further scrutiny at Stage 2.

“Now the Government has provided a package of proposed draft amendments, we are determined to make sure stakeholder organisations and the public are given an opportunity to comment on these proposed changes.

“Since this Bill was first introduced as a ‘framework Bill’, many of the original proposals have changed. These amendments represent some quite fundamental changes, including the introduction of a National Care Service Board and far-reaching reforms to integration authorities through amendment of the 2014 Public Bodies Act.

“That’s why it’s essential our Committee takes the time to scrutinise these proposals effectively. After we have considered the views received, we intend to take further oral evidence before formal Stage 2 proceedings.

“The evidence we gather will be vital to aid our Committee’s scrutiny of these proposals, and to inform individual Members as they prepare their own Stage 2 amendments to the Bill. We look forward to hearing your views.”

The call for views is open until Friday 30 August 2024.

 Let the Committee know your views

Circular Economy Bill passed

New powers to increase reuse and recycling rates

Legislation giving Ministers and local authorities the tools needed to increase reuse and recycling rates, as well as modernise and improve waste and recycling services, has been passed.

The Circular Economy Bill will give Ministers the powers to:

  • set local recycling targets, building on the experience of Wales, which has the best recycling rate in the UK
  • set statutory targets for delivery of a circular economy to measure progress in transforming the economy
  • restrict the disposal of unsold consumer goods, to prevent good products ending up in landfill
  • place charges on single-use items like disposable cups to encourage the move to reusable alternatives
  • give local authorities additional enforcement powers, allowing them to crack down on flytipping and littering from cars.

The measures will be underpinned by support and investment, building on the investments already made through the £70 million Recycling Improvement Fund.

Minister for Climate Action Gillian Martin said: “There are huge opportunities in having an economy which makes reuse and recycling the default choice for Scottish households, businesses and the public sector.

“We have already seen businesses creating jobs by turning what we might otherwise throw away into valuable new products and services.

“The measures in the Circular Economy Bill will give local Councils and the Scottish Government the powers needed to support the sustainable use of resources and cut greenhouse gas emissions.

“For people to do the right thing for the planet, it is crucial that everyone experiences a modern, easy to use waste service.

“We will continue to work with local authorities and householders to co-design how these powers are implemented to take account of different circumstances and needs on our journey towards a truly circular economy.”

More progress is needed a decade on from procurement reform

Despite improved transparency, a Parliament committee has found that inconsistency, bureaucracy, and inflexibility are still creating challenges for small businesses and third sector organisations looking to participate in public procurement.

A decade on from the introduction of the Procurement Reform (Scotland) Act 2014 (the Act), Holyrood’s Economy and Fair Work Committee has explored how the Act is operating.

Intended to support economic growth with procurement systems which were transparent, fair and business friendly, the Act put in place regulation for public procurement contracts above certain financial thresholds.

During its inquiry, the Committee heard from businesses and the third sector, as well as local authorities and the Scottish Government.

The Committee found that while the Act’s improvements to transparency were welcomed, there were still challenges which made navigating public procurement difficult, with one witness giving the Act a “C+ for its performance.”

Challenges experienced by witnesses included inconsistency across contracting authorities and heavy bureaucratic load.

The Committee’s report makes a number of recommendations to improve the system including:

  • Ensuring that the Public Contracts Scotland website is updated to make it once again “best in class”.
  • The Scottish Government should work with contracting authorities to drive consistency and reduce administrative burden.
  • A uniform process for the provision of feedback should be developed.

Speaking as the report launched last week, Committee Convener Claire Baker MSP said: “Public procurement plays a vital role in the Scottish economy, involving small business, the third sector and public bodies.

“But with more than ten years now passed since the Act came into force, it is time to reflect on whether the ambitious aims are being met.

“There is no doubt that the Act has had a positive impact on increasing transparency of procurement processes which of course is to be welcomed. But for too many businesses, especially new or small businesses, there is still confusion and inconsistency. all of which is causing a barrier to those who may want to engage.

“Our report calls for a number of changes which would have a real impact to ensure that the bureaucracy and inflexibility can be addressed.”

During its inquiry, the Committee also found that the Act had contributed to an increase in Scottish procurement. However, the report makes clear that the Committee believes more can be done to increase local procurement.

The Committee noted the results from the community wealth building pilot areas and called for the principles and lessons learned to be fully embedded in procurement processes.

Electrical waste piled outside Scottish Parliament ahead of vote on new environmental law

CAMPAIGNERS piled electrical waste outside the Scottish Parliament ahead of today’s final debate on a new Circular Economy law. They say MSPs need to do more to improve the way electrical waste is managed and are calling for changes in the final version of the law.

The circular economy bill is being debated and voted on in the Scottish Parliament this week (Tuesday 25 and Wednesday 26 June). This is the last chance for MSPs to improve the bill.

The new law should bring in policies to create a circular economy in Scotland where materials are used sustainably and fairly. However, it’s been criticised for its lack of ambition and focus on disposal rather than reduction and reuse of products, which can lead to greater social and environmental benefits.

Friends of the Earth Scotland are campaigning for the circular economy bill to include a plan for the materials required in the transition away from fossil fuels, many of which are used in consumer electronics too.

Every mobile phone and laptop is powered by precious materials such as lithium, cobalt and copper. Inadequate waste management systems means that these materials are often thrown away rather than being reused or recycled. Less than 1% of lithium is recycled, despite it being required for electric vehicles.

Many of these materials come from mines in the Global South, including Chile, the Philippines and the Democratic Republic of Congo, which exploit local communities, create pollution and increase carbon emissions.

The steel used in Scottish wind turbines is likely to include significant amounts of iron ore from Brazil, where there have been two major tailing dam disasters in the last decade. A 2019 disaster in Minas Gerais killed at least 244 people.

Scotland does not have a plan for how to manage these transition minerals. The Scottish Government’s draft Energy Strategy includes plans for electrifying vehicles but fails to consider where the lithium needed to do this will come from.

Kim Pratt, Circular Economy Campaigner at Friends of the Earth Scotland said: “The scale of electronic waste in this country is shocking. All of the waste that we’ve gathered today came from simply asking around – most of us have something sitting in a cupboard because we don’t know what to do with it.

“Electrical waste contains precious material which is lost when these items are thrown away. Scotland can’t afford to keep treating electrical products, and the precious materials they contain, as disposable.

“Reducing our consumption of the materials used to create these products, by increasing reuse and repair, is essential to reduce the harm being done to people and the environment. The new circular economy law also needs to include a plan for these minerals, which are required for our transition away from fossil fuels. If the law does this, it has the potential to have a big impact in creating a fairer and more sustainable future.”

Key facts about e-waste:

– In the UK, the average person generates 24kg of e-waste every year, that’s the second highest in the world, behind only Norway. The UK is on course to overtake Norway and become the world’s largest contributor to e-waste this year (2024). The global average is 7.3kg.
– Globally, e-waste has increased 21% in 5 years to over 50 million tonnes. The total value of the raw material dumped annually is estimated to be £46 billion. By 2030, it’s predicted the world will throw away nearly 75 million tonnes of e-waste.
– Only 17% of e-waste is recycled.
– There are, on average, 2 mobile phones for every person on the planet. Only 9% are recycled.
– A typical iPhone is estimated to house around 0.034g of gold, 0.34g of silver, and 0.015g of palladium. It also contains the less valuable but still significant aluminium (25g) and copper (around 15g).
– One tonne of iPhones would deliver 300 times more gold than a tonne of gold ore and 6.5 times more silver than a tonne of silver ore.

Deafblind Awareness Week

24 – 30 JUNE 2024

This week is Deafblind Awareness Week. However, did you know that Scotland does not formally recognise Deafblindness as a distinct disability?

Deafblind Scotland, with the support of the Cross Party group on Deafness, have been calling on the Scottish Government to formally recognise deafblindness as a distinct disability in Scotland.

The ALLIANCE supports the definition of Deafblindness – can you?

As part of Deafblind Awareness Week, Deafblind Scotland will be recognised for the work they have been doing at a parliamentary reception at the Scottish Parliament on 26th June.

You can find out more here: https://www.dbscotland.org.uk/defining-deafblindness/

Holyrood’s CPG on Bangladesh calls for educational collaboration

The Scottish Parliament’s Cross-Party Group (CPG) on Bangladesh has called for action to promote educational links between Scotland and Bangladesh.

The CPG met on Wednesday 19th June 2024 and received updates from Convener Foysol Choudhury MSP and Deputy Convener Miles Briggs MSP, H.E. Saida Muna Tasneem, High Commissioner of Bangladesh to the UK, Peter Brown, Director of British Council Scotland, Dr Ibrahim Rashid, PhD Fellow from Stirling University and members of the Scottish Bangladeshi diaspora.

The High Commissioner was also joined by Mohammad Hazrat Ali Khan, Deputy High Commissioner, Tanvir Mohammad Azim, Commercial Counsellor, Wing Commander Md Saifur Rahman, Assistant Defence Adviser and Moumita Zeenat, Counsellor (Political).

The CPG meeting focused on education and followed on from a CPG visit to Dhaka last November 2023, where the CPG met with H.E. Sheikh Hasina and the Foreign Minister Dr A.K. Abdul Momen to discuss the importance of generating shared links between education institutions in Bangladesh and Scotland.

MSP Choudhury and MSP Briggs updated the CPG on Wednesday night on how they have already met with Scottish Universities to start the conversation and discuss how to move forward with opportunities for education and research collaboration, specifically around agriculture, climate change and fishing.

MSP Choudhury said: “The CPG is all about building the relationship between Scotland and Bangladesh in areas of shared importance.

“There is a definite need to bridge a gap and reinforce educational collaboration with Scottish and Bangladeshi universities, such as via creating Scottish University campuses in Dhaka and beyond.

“We have already written to H.E. Sheikh Hasina, had discussions with High Commissioner, Saida Muna Tasneem, contacted Universities Scotland’s Connected Scotland Partnership and the British Council.

“It was fantastic to hear the update from the High Commissioner and British Council at the CPG meeting this week to hear their commitment to building educational links and opportunities between Scotland and Bangladesh-as well as from some students to learn why educational collaboration is so beneficial!

“We look forward to continuing this collaboration between Scotland and Bangladesh on education and other areas such as climate change, and seeing our global partnership go from strength to strength.”

The CPG also got an update on many more areas of development between Scotland and Bangladesh, including cultural endeavours via the Edinburgh Military Tattoo.

The Scottish Parliament CPG on Bangladesh says it will continue to build these links and shared endeavours between Scotland and Bangladesh, exploring matters on the world stage and also for the domestic Bangladeshi diaspora in Scotland.

Festival of Politics programme 2024 announced

Join us in your Scottish Parliament to have your say on the issues that matter to you

The Scottish Parliament’s Festival of Politics returns this August with a five-day programme of over 30 events, taking place in the home of Scottish politics at Holyrood.

Our 20th Festival will take place between Monday 19 to Friday 23 August and will provide festivalgoers with informed debate and inspiring topics on a range of social, political, and environmental issues facing the world today.

This year we mark two significant milestones in Scotland’s political history, the 25th anniversary of the Scottish Parliament and the 20th anniversary of the Holyrood building. With several events focusing on the future of the institution in Scotland.

Benedetta Tagliabue, architect, partner and widow of the visionary creative Enric Miralles, who designed the Scottish Parliament building will join the Presiding Officer in conversation on the opening day of the Festival. 

This event will also feature excerpts from the opera ‘Mai per Atzar’ (Never by Chance) originally staged in 1997 for the opening of the Miralles Tagliabue EMBT studio in Barcelona, with lyrics by Valerio Ferrari and music by Roberto Cacciapaglia.

The excerpts from the original Opera, together with new music in honour of Enric Miralles, will be performed live by world leading composer and pianist Roberto Cacciapaglia in the Parliament’s Debating Chamber.

There will also be leading experts from the worlds of politics, the arts, business, the media, academia and the third sector who will join us for a deep dive into issues dominating the news agenda. Join in and have you say on everything from the impact of artificial intelligence to Scotland’s ambitions in the space sector, to young people and mental health.

The Presiding Officer of the Scottish Parliament, Rt Hon Alison Johnstone MSP said: “Every year, the Festival of Politics aims to explore some of the big issues that feature in day-to-day politics, in the media and in wider civic Scotland.

“The Festival offers an opportunity to take up a seat in your Parliament, to hear from a range of experts, aiming to inspire debate and inform our thinking.

“This year as we celebrate our 25th anniversary, we present an exciting and varied programme of events, music and exhibitions.”

In association with the Edinburgh International Festival, the first day of the Festival will also feature the impressive outdoor opening celebration of Healing Arts Scotland featuring a Scottish Ballet community cast accompanied by 200 musicians including performers from Oi Musica, Samba Y Bamba, The National Youth Pipe Band of Scotland and the piping super group TRYST.

The specially curated dance piece will be performed to ‘Mackay’s Memoirs’ by the late Scottish Celtic fusion artist Martyn Bennett.  Healing Arts Scotland is a country-wide week-long activation, celebrating and advocating for improved physical, mental and social health through the arts. 

In addition, there is a lively free programme of music, choirs, dance and exhibitions in the Festival Café Bar.

Tickets can be booked now on our website: www.festivalofpolitics.scot

Most events will be available to view on our YouTube channel after the Festival has finished for those unable to attend in-person.

Gender Representation on Public Boards amendment passed

Amendment will align Act with Court of Session ruling

Legislation to amend the Gender Representation on Public Boards (Scotland) Act 2018 has been passed by the Scottish Parliament.

The Act, which was passed by the Scottish Parliament in 2018, sets an objective that 50% of a public board’s non-executive members should be women.

The Gender Representation on Public Boards (Amendment) Bill will align the 2018 Act with a Court of Session ruling in 2022, which found that the Act’s definition of “woman” was not within the legislative competence of the Scottish Parliament. Therefore, that definition will be removed from the statute book.

Social Justice Secretary Shirley-Anne Somerville said: “Gender equality is at the heart of our vision for a fairer Scotland and making sure women’s voices are heard across society is an important part of that.

“The Gender Representation on Public Boards (Scotland) Act continues to set the objective for 50% of non-executive public board members to be women, helping ensure greater equality at the highest levels of public life.

“The Bill passed today will amend the Act in line with the Court of Session ruling to ensure the statute book is accurate. This amendment does not change the purpose or objectives of the Act, and the Scottish Government remains committed to improving gender equality and representation of women across all areas of society.”

Scottish Government’s home ownership support scheme reopens

Help for first-time buyers across the country on low to medium incomes

A scheme to help first time buyers and certain priority groups step on to the property ladder has reopened for applications.

The Open Market Shared Equity (OMSE) scheme is available across Scotland to first-time buyers on low or medium incomes who cannot afford the full price of a home.

Successful applicants will be able to buy a home without having to purchase it in full, usually between 60% and 90% of the property’s value, with the Scottish Government owning the remaining share.

Social Justice Secretary Shirley-Anne Somerville said: “Taking the first step on to the property ladder can be difficult for some, especially during the cost of living crisis where we have seen inflation and interest rates push house prices up.

“We recognise that and by reopening the OMSE scheme we are giving help to as many people as possible to own an affordable home by creating a level playing field with other buyers.

“I would encourage anyone who is either a first-time buyer or in one of the priority groups to consider applying through the scheme.”

Apply here

Bill “must be used” to empower judicial factors to help the families of missing people

The Scottish Parliament’s Delegated Powers and Law Reform Committee has welcomed the proposals in the Judicial Factors (Scotland) Bill, which aims to consolidate and update laws related to judicial factors.

However, the opportunity for the Bill to clarify how judicial factors can work with the families of missing people cannot be missed, according to the Committee’s report.

A judicial factor is a person appointed by the court to gather in, hold, safeguard, and administer property, which is not being, or would not otherwise be, properly managed. At present, most judicial factors are solicitors or accountants.

The position has existed for hundreds of years, with the substantive law in the area currently dating back to 1849 and 1889. The Bill also repeals even older court rules, including an Act of Sederunt from 1690.

Through its consideration of the Bill, the Committee has come to appreciate the vital role that judicial factors are able to play in many circumstances including working with solicitors’ firms in certain circumstances, businesses, when partnerships which break down and the estates of deceased people, when needed.

In particular, the Committee has made recommendations which it believes would clarify how a judicial factor can help in cases of missing people. The ability of a judicial factor to step in and manage the affairs of a loved one is a key point raised in the Committee’s report.

To make it clear that judicial factors can be appointed in such cases, the Committee has recommended the inclusion of an explicit statement in the Bill that it is competent to appoint a judicial factor to the estate of a missing person.

The Committee’s report also supports work to improve advertising, guidance and advice to make the Bill more accessible for families and legal professionals who are looking after the estates of missing people.

Stuart McMillan MSP, Convener of the Delegated Powers and Law Reform Committee said: “Most people in Scotland may not be familiar with judicial factors or their work, but during our evidence sessions we were able to learn more about their vital role.

“We are broadly content with the proposals in the Bill, which will update the laws around judicial factors that date back hundreds of years and bring welcome clarity.

“However, we do believe that these updates present the Parliament with an opportunity to go further to really ensure that judicial factors work for the loved ones of people who go missing.”

The Judicial Factors (Scotland) Bill was introduced in response to recommendations made by the Scottish Law Commission.

It is anticipated that the Parliament will consider the Bill in a Stage 1 debate this autumn.