Consultation on measures to protect people from harm
Views are being sought on planned legislation to end conversion practices which seek to change or suppress a person’s sexual orientation or gender identity.
The consultation presents detailed information on proposals for legislation in Scotland, setting out what the law would cover and how it would work in practice.
The proposed legislation seeks to prevent and respond to harmful acts while protecting existing freedoms including speech, religion and belief.
Situations that could be covered by the proposed legislation, if carried out with the intention to change or suppress a person’s sexual orientation or gender identity and which cause that person harm, include:
therapy or counselling that requires a person to change or suppress on their same sex attraction
prescribing medication to suppress a person’s sex drive
repeatedly or continuously controlling a person’s activities and appearance
repeatedly or continuously threatening or humiliating someone
Equalities Minister Emma Roddick said: “Conversion practices, which aim to change or suppress a person’s sexual orientation or gender identity, are damaging and destructive acts that violate people’s human rights. Sadly, these practices still happen today and they have absolutely no place in Scotland.
“In taking forward our commitment to ban conversion practices we are leading the way in the UK and joining the growing list of countries acting to address this harm.
“The consultation responses we receive will help us to further consider those measures we can take to stop the harm of conversion practices and protect those at risk while ensuring that freedoms – including freedoms of speech, religion, and belief – are safeguarded.”
Chief Executive at LGBT Health and Wellbeing Mark Kelvin said: “Conversion practices are widely discredited and extremely harmful and have no place in any inclusive society.
“Whilst we’d like to think that they’re a thing of the past, or not happening in Scotland, we know that some LGBTQ+ people in Scotland are still being subjected to these abhorrent practices and we welcome the Scottish Government’s leadership and action on this issue.
“Our freephone helpline is staffed by a trained team who specialise in LGBTQ+ mental health and wellbeing. Callers can expect compassionate and non-judgmental support, resources to help navigate their experiences, and referrals to other support if needed.”
It is now illegal to breed, sell, advertise, gift, exchange, and abandon these dogs or let them stray
New restrictions on the XL Bully dogs are now in force (31 December) making it a legal requirement for all XL Bully dogs to be kept on a lead and muzzled when in public. It is also illegal to breed, sell, advertise, gift, exchange, abandon or let XL Bully dogs stray from today.
The decision to ban XL Bully dogs was made following a concerning rise in attacks from these dangerous dogs, with 23 people sadly losing their lives after vicious dog attacks in the last three years. XL Bullies have been involved in many of these tragic deaths.
Owners are also being urged to apply to register their current XL Bully dogs, as the Government takes action to safely manage the existing population of the breed. There is only a month left to meet the deadline when the ban comes into force on 1 February.
Owning an unregistered dog after this date will be a criminal offence, with owners who don’t facing a criminal record and an unlimited fine.Owners who do not want to keep their dogs after this date should take them to a vet to have them put down.
Environment Secretary Steve Barclay said: “The Prime Minister pledged to take quick and decisive action to protect the public from devastating dog attacks with measures in place by the end of 2023.
“We have met that pledge – it is now a legal requirement for XL Bully dogs to be muzzled and on a lead in public. It is also now illegal to breed, sell, advertise, gift, exchange, abandon or let XL Bully dogs stray.
“All XL Bully owners are expected to comply with the law and we will continue to work closely with the police, canine and veterinary experts, and animal welfare groups, with further restrictions on XL Bully dogs coming into force on 1 February.”
The UK Government has taken a staggered approach to safely manage the existing population of XL Bully dogs, while ultimately banning the breed.
On the 31 October, XL Bully dogs were added to the Dangerous Dogs Act, with owners given two months to prepare for the first stage of the ban.
Since the 31 December [today], it is illegal to breed, sell, advertise, gift, exchange, abandon or let XL Bully dogs stray. All XL Bully dogs must also be kept on a lead and muzzled when in public.
From 1st February all XL Bully dogs which must be registered.
From 30 June, XL Bully dogs over 1 year old must be neutered, this is extended until the 31 December for younger dogs.
Increasing housing availability using the tax system
New powers enabling councils to charge up to double the full rate of council tax on second homes have been agreed by the Scottish Parliament.Councils will be able to increase the charges from 1 April 2024, with rates for the first year being based on those from 2023-24.
The change brings second homes into line with council tax policy on long-term empty homes and aims to increase housing availability by encouraging more homes to be used for living in.
New owners of properties that have previously been empty for more than twelve months will now have a six-month grace period, during which they will be protected from paying double the full council tax rate, with the potential for the six months to be extended by councils. This is subject to evidence that renovations or repairs are being undertaken by the owner with a view to the building being brought back into use.
Public Finance Minister Tom Arthur said: “I’m pleased Parliament has backed this important legislation. These changes to council tax were a commitment made in our Programme for Government and aim to make sure the tax system works as an incentive to prioritise homes for living in.
“A majority of those who responded to our consultation earlier this year supported councils being able to charge a council tax premium on top of regular rates for second homes.
“By protecting those renovating an empty home from paying the empty home premium, we are incentivising new ownership and giving them time to organise and undertaken the work necessary to bring it back into use.”
Councillor Katie Hagmann, COSLA’s Resources Spokesperson, said: “I am delighted that this important legislation has now been given Parliamentary approval. COSLA very much welcomes the ability for councils to take the decision to increase the premium on second homes in their areas.
“This supports our long-standing position that councillors who are closest to their communities should be empowered to take the decisions about what best works in their local communities, demonstrating the value of the Verity House Agreement.”
A second home is classed as any home that is not used as someone’s primary residence but that is occupied for at least 25 days in a year.
Latest figures show that at the end of September 2022, there were 24,287 second homes in Scotland.
Second homes are currently subject to a default 50% discount on council tax. However, local councils can vary council tax charges and the majority already charge second home-owners the full of council tax, the maximum currently allowed.
FPAC Convener Kenneth Gibson MSP said:“Scrutiny of this Bill reinforces our concern that affordability does not appear to be a key factor in Scottish Government decision-making.
“The Minister, Lorna Slater MSP, has committed to consult on the cost of secondary legislation, but that should not replace an assessment of affordability at the point of a Bill’s introduction.
“Our committee is not convinced that this Bill’s financial memorandum meets the requirements set out in Parliament’s Standing Orders to provide: “best estimates of the costs, savings, and changes to revenues to which the provisions of the Bill would give rise”.
Mr Gibson continued: “We’ve seen an increasing use of ‘framework’ bills that provide government with future enabling powers. These do not, however, provide best estimates of all likely costs, and undermine parliamentary scrutiny.
“It also risks the Parliament passing legislation which may in the end – once outcomes are fully understood – lead to significant cost increases.
“The increased use of framework bills with no clear implementation costs, poses a long-term risk to the Scottish Budget, both now and for successive governments.
“The FPAC is disappointed that Scottish Ministers have still to meet our previous recommendations or expectations around the level of financial data, clarity and transparency required.
“In the end, it will be for Parliament to decide when voting on the general principles of this framework bill, whether the outcomes it seeks to deliver outweigh any financial or affordability considerations.”
On income from fly-tipping and litter fines, the report said:
The assumption in this financial memorandum (FM) of a 100% payment rate for fixed penalty notices is entirely unrealistic. Therefore, given that the level of income from fines assumed in the FM is not attainable, it should not be used to ‘off set’ some of the costs of enforcement, such as in relation to fly tipping. We consider this approach to identifying potential savings to be unsatisfactory.
Updates every six months:
We request that the updates, committed to by the Minister in her letter of 20 November be provided to the Committee every six months. These updates should include updated information on the expenditure incurred to date, any changes in forecast costs and any savings arising from the Bill and the subsequent Act (subject to the Bill being passed) and relevant secondary legislation, until all provisions are operational.
Minimum Service Levels legislation will be passed for rail, ambulance, and border security staff to mitigate disruption if strikes called.
Delivers on manifesto commitment to introduce minimum service levels for rail strikes.
Comes ahead of further consultations to introduce minimum service levels for education, other NHS staff, and fire services.
Minimum service level regulations for rail workers, ambulance staff and border security staff will be laid in parliament to mitigate disruption and ensure vital public services continue if strikes are called, the UK government announced yesterday (Monday 6 November).
The legislation brings us in line with countries like France, Italy, Spain, and the US where public services reliably continue during strikes. The International Labour Organisation also recognises Minimum Service Levels as a sensible solution to protect the public from serious consequences of strikes.
The minimum service levels are designed to be effective and proportionate by balancing the ability to take strike action with ensuring we can keep our borders secure, supporting people to make important journeys including accessing work, education, and healthcare, and allowing people to get the emergency care they need.
Earlier this year, the government consulted widely on proposals to introduce minimum service levels legislation across a range of sectors, under the Strikes (Minimum Service Levels) Act which received Royal Assent in July. The responses to these consultations have been published today with the legislation set to be laid in parliament tomorrow.
For border security, the regulations will apply to employees of Border Force and selected HM Passport Office staff where passport services are required for the purposes of national security. The laws will set out that border security services should be provided at a level that means that they are no less effective than if a strike were not taking place. It will also ensure all ports and airports remain open on a strike.
For train operators, it will mean the equivalent of 40% of their normal timetable can operate as normal and, in the case of strikes that affect rail infrastructure services, certain priority routes can remain open.
Minimum service level regulations for ambulance workers will ensure that vital ambulance services in England will continue throughout any strike action, ensuring that cases that are life-threatening, or where there is no reasonable clinical alternative to an ambulance response, are responded to.
Prime Minister Rishi Sunak said: “We are doing everything in our power to stop unions de-railing Christmas for millions of people. This legislation will ensure more people will be able to travel to see their friends and family and get the emergency care they need.
“We cannot go on relying on short term fixes – including calling on our Armed Forces or civil servants – to mitigate the disruption caused by strike action.
“That’s why we’re taking the right long-term decision to bring in minimum service levels, in line with other countries, to keep people safe and continue delivering the vital public services that hard-working people rely on.”
Where minimum service level regulations are in place and strike action is called, employers can issue work notices to identify people who are reasonably required to work to ensure minimum service levels are met.
The law requires unions to take reasonable steps and ensure their members who are identified with a work notice comply and if a union fails to do this, they will lose their legal protection from damages claims.
Last year, Westminster raised the maximum damages that courts can award against a union for unlawful strike action. For the biggest unions, the maximum award has risen from £250,000 to £1 million.
Transport Secretary, Mark Harper said: “For too long, hard working people have been unfairly targeted by rail union leaders – prevented from making important journeys, including getting to work, school or vital hospital appointments.
“Minimum Service Levels will help address this by allowing the rail industry to plan ahead to reduce disruption for passengers while ensuring workers can still exercise their ability to strike.
“An improved service on strike days will allow passengers to continue with their day-to-day lives and support businesses, particularly in the hospitality sector.”
Earlier this year, the UK government accepted the independent pay review bodies recommendations in full, providing a fair pay deal for all public sector workers.
An agreement between the government and Agenda for Change unions earlier this year saw over one million NHS staff receive a 5% pay rise along with one-off awards worth over £3,000 for the typical nurse or ambulance worker.
For rail workers, there remains a fair and reasonable offer on the table which several unions have already accepted, one which would deliver competitive pay rises of 5% + 4% pay increase over two years.
Home Office staff in delegated grades including Border Force staff have been provided with a pay award averaging 4.5% with an additional 0.5% targeted at the lower grades.
Home Secretary Suella Braverman said: “We must never allow strike action to compromise our border security or cause significant disruption to passengers and goods at our borders.
“The Armed Forces have commendably stepped up to fill vital roles during recent industrial action, but it would be irresponsible to rely on such short-term solutions to protect our national security.
“The minimum service levels announced today will ensure a fair balance between delivering the best possible service to the travelling public, maintaining a secure border and the ability of workers to strike.”
The government continues to recognise the crucial role of NHS staff and remains committed to working constructively to end any disruption for patients, and there are currently no live strike mandates relating to ambulance trusts. However, strikes have already had a significant impact on patients, NHS staff and efforts to cut waiting lists – including over one million postponed appointments and procedures.
The Department of Health and Social Care is currently seeking evidence on expanding the scope of minimum service levels to cover other urgent and emergency hospital-based services which could include nurses and doctors. The consultation is set to close on the 14th of November.
Health and Social Care Secretary Steve Barclay said: “Patients must be protected and strikes in ambulance services could put the lives and health of the public at risk, given their essential role in responding to life threatening emergencies.
“While voluntary agreements between employers and trade unions can still be agreed ahead of industrial action, these regulations provide a safety net for trusts and an assurance to the public that vital emergency services will be there when they need them.
“We will continue to take steps to protect patient safety and ensure health services have the staff they need to operate safely and effectively, no matter the circumstances.”
The Education Secretary has committed to introduce minimum service levels on a voluntary basis should an agreement be reached with the education unions. If a voluntary arrangement cannot be agreed, a consultation will be launched on introducing minimum service levels in schools and colleges.
Separately, the Department has also committed to launching a consultation on introducing minimum service levels in universities.
The Department for Business and Trade recently consulted on a new draft statutory Code of Practice on the ‘reasonable steps’ a trade union should take to meet the requirements set out in the Strikes (Minimum Service Levels) Act 2023.
They will also launch a consultation on removing regulation 7 across all sectors which prevents employment businesses supplying agency workers to cover the duties normally performed by a worker who is taking part in an official strike or other industrial action. These will be published in due course.
TUC slams government for “unworkable” and “irrational” anti-strike laws
Ministers to lay regulations today for minimum service levels in rail, the ambulance service and border security
Conservatives also looking to overturn ban on use of agency workers during strikes – despite “humiliating” defeat at the High Court in June
TUC accuses government of punishing workers “for daring to stand up for decent pay and better services.”
Union body says new laws are almost certainly in breach of international law
The TUC has slammed the government for trying to railroad through “unworkable” and “irrational” anti-strike laws.
Government ministers yesterday laid regulations for so-called ‘minimum service levels’ in rail, the ambulance service and border security. Ministers have said they will be rushed into force by the end of the year.
This comes despite warnings from unions and employer groups that the plans are unworkable.
The laws will mean that when workers lawfully vote to strike they could be forced to attend work – and sacked if they don’t comply.
TUC research found a massive 1 in 5 workers in Britain – or 5.5 million workers – are at risk of losing their right to strike as a result of the Strikes (Minimum service levels) Act.
Agency worker rules
In addition, ministers will try again to overturn the ban on the use of agency workers during strikes.
In June the government was defeated in the High Court after it rushed through new laws that allowed agencies to supply employers with workers to fill in for those on strike.
The presiding judge scolded ministers for acting in a way that was “unfair, unlawful and irrational” and reinstated the ban on agency staff being used to break strikes.
But despite this rebuke – and strong opposition from unions and employers – ministers are resurrecting the plans with a new consultation.
Commenting on the extension of minimum service levels to rail, the ambulance services and border security, Paul Nowak said: “These anti-strike laws won’t work. The crisis in our public services is of the government’s own making.
“Rather than engaging constructively with unions, they are attacking the right to strike. And they are punishing paramedics and rail staff for daring to stand up for decent pay and better services.
“These new laws are unworkable, undemocratic and almost certainly in breach of international law.
“The UK already has some of the most restrictive trade union laws in Europe.
“It is already harder for working people here to take strike action than in any other Western European country. Now the Tories want to make it even harder for people to win fair pay and conditions.
“Unions will keep fighting this spiteful legislation. We won’t stop until it is repealed.”
In September the TUC reported the government to the International Labour Organization (ILO) – the UN workers’ rights watchdog – over the Strikes Act.
Commenting on the announcement on agency workers, TUC General Secretary Paul Nowak said: “Allowing unscrupulous employers to bring in agency staff to deliver important services risks endangering public safety and escalating disputes.
“Agency recruitment bodies have repeatedly made clear they don’t want their staff to be used as political pawns during strikes. But ministers are not listening.
“Despite suffering a humiliating defeat at the High Court, they are bringing back the same irrational plans.
“This is the act of desperate government looking to distract from its appalling record.”
Online Safety Act receives Royal Assent putting rules to make the UK the safest place in the world to be online into law
Online Safety Act receives Royal Assent in the Houses of Parliament, putting rules to make the UK the safest place in the world to be online into law
the Act makes social media companies keep the internet safe for children and give adults more choice over what they see online
Ofcom will immediately begin work on tackling illegal content and protecting children’s safety
The Online Safety Act has today (Thursday 26 October) received Royal Assent, heralding a new era of internet safety and choice by placing world-first legal duties on social media platforms.
The new laws take a zero-tolerance approach to protecting children from online harm, while empowering adults with more choices over what they see online. This follows rigorous scrutiny and extensive debate within both the House of Commons and the House of Lords.
The Act places legal responsibility on tech companies to prevent and rapidly remove illegal content, like terrorism and revenge pornography. They will also have to stop children seeing material that is harmful to them such as bullying, content promoting self-harm and eating disorders, and pornography.
If they fail to comply with the rules, they will face significant fines that could reach billions of pounds, and if they don’t take steps required by Ofcom to protect children, their bosses could even face prison.
Technology Secretary Michelle Donelan said: “Today will go down as an historic moment that ensures the online safety of British society not only now, but for decades to come.
“I am immensely proud of the work that has gone into the Online Safety Act from its very inception to it becoming law today. The Bill protects free speech, empowers adults and will ensure that platforms remove illegal content.
“At the heart of this Bill, however, is the protection of children. I would like to thank the campaigners, parliamentarians, survivors of abuse and charities that have worked tirelessly, not only to get this Act over the finishing line, but to ensure that it will make the UK the safest place to be online in the world.”
The Act takes a zero-tolerance approach to protecting children by making sure the buck stops with social media platforms for content they host. It does this by making sure they:
remove illegal content quickly or prevent it from appearing in the first place, including content promoting self-harm
prevent children from accessing harmful and age-inappropriate content including pornographic content, content that promotes, encourages or provides instructions for suicide, self-harm or eating disorders, content depicting or encouraging serious violence or bullying content
enforce age limits and use age-checking measures on platforms where content harmful to children is published
ensure social media platforms are more transparent about the risks and dangers posed to children on their sites, including by publishing risk assessments
provide parents and children with clear and accessible ways to report problems online when they do arise
Home Secretary Suella Braverman said: “This landmark law sends a clear message to criminals – whether it’s on our streets, behind closed doors or in far flung corners of the internet, there will be no hiding place for their vile crimes.
“The Online Safety Act’s strongest protections are for children. Social media companies will be held to account for the appalling scale of child sexual abuse occurring on their platforms and our children will be safer.
“We are determined to combat the evil of child sexual exploitation wherever it is found, and this Act is a big step forward.”
Lord Chancellor and Secretary of State for Justice, Alex Chalk said: “No-one should be afraid of what they or their children might see online so our reforms will make the internet a safer place for everyone.
“Trolls who encourage serious self-harm, cyberflash or share intimate images without consent now face the very real prospect of time behind bars, helping protect women and girls who are disproportionately impacted by these cowardly crimes.”
In addition to protecting children, the Act also empowers adults to have better control of what they see online. It provides 3 layers of protection for internet users which will:
make sure illegal content is removed
enforce the promises social media platforms make to users when they sign up, through terms and conditions
offer users the option to filter out content, such as online abuse, that they do not want to see
If social media platforms do not comply with these rules, Ofcom could fine them up to £18 million or 10% of their global annual revenue, whichever is biggest – meaning fines handed down to the biggest platforms could reach billions of pounds.
The government also strengthened provisions to address violence against women and girls. Through the Act, it will be easier to convict someone who shares intimate images without consent and new laws will further criminalise the non-consensual sharing of intimate deepfakes.
The change in laws also now make it easier to charge abusers who share intimate images and put more offenders behind bars. Criminals found guilty of this base offence will face up to 6 months in prison, but those who threaten to share such images, or shares them with the intent to cause distress, alarm or humiliation, or to obtain sexual gratification, could face up to two years behind bars.
NSPCC Chief Executive, Sir Peter Wanless said: “Having an Online Safety Act on the statute book is a watershed moment and will mean that children up and down the UK are fundamentally safer in their everyday lives.
“Thanks to the incredible campaigning of abuse survivors and young people and the dedicated hard work of Parliamentarians and Ministers, tech companies will be legally compelled to protect children from sexual abuse and avoidable harm.
T”he NSPCC will continue to ensure there is a rigorous focus on children by everyone involved in regulation. Companies should be acting now, because the ultimate penalties for failure will be eye watering fines and, crucially, criminal sanctions.”
Dame Melanie Dawes, Ofcom Chief Executive, said: “These new laws give Ofcom the power to start making a difference in creating a safer life online for children and adults in the UK. We’ve already trained and hired expert teams with experience across the online sector, and today we’re setting out a clear timeline for holding tech firms to account.
“Ofcom is not a censor, and our new powers are not about taking content down. Our job is to tackle the root causes of harm. We will set new standards online, making sure sites and apps are safer by design. Importantly, we’ll also take full account of people’s rights to privacy and freedom of expression.
“We know a safer life online cannot be achieved overnight; but Ofcom is ready to meet the scale and urgency of the challenge.”
In anticipation of the Bill coming into force, many social media companies have already started making changes. TikTok has implemented stronger age verification on their platforms, while Snapchat has started removing the accounts of underage users.
While the Bill has travelled through Parliament, the government has worked closely with Ofcom to ensure protections will be implemented as quickly as possible once the Act received Royal Assent.
From today, Ofcom will immediately begin work on tackling illegal content, with a consultation process launching on 9th November 2023. They will then take a phased approach to bringing the Online Safety Act into force, prioritising enforcing rules against the most harmful content as soon as possible.
The majority of the Act’s provisions will commence in two months’ time. However, the government has commenced key provisions early to establish Ofcom as the online safety regulator from today and allow them to begin key preparatory work such as consulting as quickly as possible to implement protections for the country.
Rocio Concha, Which? Director of Policy and Advocacy, said: “Which? led the campaign for consumers to have stronger protections against scam adverts on social media platforms and search engines that can have devastating financial and emotional consequences for victims.
“These new Online Safety laws are a major step forward in the fight back against fraud by forcing tech firms to step up and take more responsibility for stopping people being targeted by fraudulent online adverts.
“Ofcom must now develop codes of practice that will hold platforms to a high standard and be prepared to take strong enforcement action, including fines, against firms if they break the law.”
Hunting with Dogs (Scotland) Act 2023 comes into force today
Leading animal welfare charities have welcomed the commencement of the Hunting with Dogs (Scotland) Act but warn hunts will be scrutinised like never before.
The legislation was voted through the Scottish Parliament in January this year and has come into force just ahead of what was traditionally the full hunting season, which gets underway at the start of November.
The new Act brings into force a number of measures which significantly curtail mounted hunting activity, including reducing the number of dogs which can be used to search for, stalk or flush a wild mammal to just two, instead of a full pack, and reducing the number of dogs which can be used below ground to just one, as well as a preemptive ban on trail hunting.
The League Against Cruel Sports and OneKind say hunts will be monitored more closely than ever to ensure compliance with the law.
Director of the League Against Cruel Sports Robbie Marsland said: “Scotland now has the most robust law on hunting with dogs in the UK but this does not mean our job is done, far from it.
“We will be scrutinising the activity of hunts more closely than ever before to see who is complying with the law and who is looking for new loopholes to exploit.
“Throughout the passing of the new legislation there has been a determined and persistent campaign from those desperate to keep the cruelty of hunting alive in our countryside, even now pro-hunters are trying to delay commencement of the law. But we are sending a stark warning to hunters that we will be monitoring every hunt in Scotland for as long as it takes until we are satisfied the law is being adhered to.”
Since the law was passed in January at least one hunt – the Fife Hunt – has officially closed and is now registered as a drag hunt, and it is believed the Lanarkshire and Renfrewshire Hunt has also ceased hunting.
Bob Elliot, Director of OneKind added: “Today is a monumental day in Scotland.
“We are thankful to the Scottish Government for listening to the people of Scotland, who have been calling for a real fox hunting ban for more than 20 years, when it became clear that loopholes in the previous law had allowed fox hunting as ‘sport’ to continue.
“Ministers have been clear that chasing and killing wild mammals with packs of dogs has no place in a modern Scotland. So, we are sure that they, like us, will be watching closely to ensure that it never occurs again.
“We believe that a complete shift in mindset in how we consider wild animals – as sentient beings rather than ‘pests’ or ‘targets’ – is desperately needed and that this should be reflected in the legislation.
“Today proves that we’re heading in the right direction.”
With one month to go until Scotland’s short term lets licence deadline, the Council has reaffirmed its commitment to the scheme and the 1 October start date.
The need for clarity over Edinburgh’s commitment to the scheme followed comments made by council leader Cammy Day where he appeared to support calls for an extension to the deadline.
Notes the deadline of 1 October 2023 for existing landlords to apply for a license for a short term let (STL).
Notes the unanimous decision of all members of the Regulatory Committee on 6 February 2023 to “regret” the Scottish Government’s decision to delay the start date for STL licensing for existing landlords from 1 April to 1 October 2023.
Believes that a proper system of licensing is important to help address the significant issues within the short-term rental market which is why there was such strong cross-party agreement for a robust system of regulation.
Therefore, regrets the comments made by the Council Leader on BBC Radio Scotland on 23 August 2023, which might have led operators to assume or believe that the Council Leader, and by extension the Council, was open to a further extension to the 1 October 2023 start date when no such position has been taken, either by the Regulatory Committee or full Council.
Believes these comments, despite further clarifications, were damaging to the ongoing hard work of officers to encourage landlords to meet the 1 October 2023 start date by suggesting a dilution of this Council’s commitment to the proper and fair regulation of the short term let market in Edinburgh.
Therefore, Council:
Reaffirms its existing commitment to the licensing of short term lets, expresses its opposition to any further extension to the start date for licensing of existing short term let landlords and requests that this position be communicated strongly through the Council’s communications channels.
Agrees that the Council Leader will write to Scottish Ministers to convey that opposition and further welcomes recent comments from the First Minister and the Economy Minister that there will be no further extension to the 1 October start date. Calls on all existing STL operators to ensure they submit a licensing application ahead of the 1 October 2023 start date.
Agrees the outstanding briefing, outlining the state of readiness of the Council to process applications by 1 October 2023, will be circulated to Councillors before the Finance and Resources Committee meeting of 21 September 2023 to align with budget considerations.
In addition, a draft copy of the STL Enforcement report due to be presented to the 2 October Regulatory Committee should be circulated on a confidential basis to all councillors also before 21 September Finance & Resources Committee meeting.
Moved by: Councillor Neil Ross Seconded by: Councillor Susan Rae
Crack down on fake celebrity endorsements and illegal weapons adverts as new Government rules safeguard consumers and protect children
Ministers will convene a new taskforce to drive industry-led action
Proposed rules will strike a balance between internet safety and supporting innovation
Social media platforms, websites and services like advertising display networks will have to take tougher action to stop children seeing age-restricted adverts for products like alcohol or gambling.
Fake celebrity scams and pop-up malware from hackers will also be clamped down on as part of new rules to make advertising regulation fit for the digital age.
The plans are published today by the government in response to its Online Advertising Programme.
Online advertising includes the banners or displays which appear around the content of a website, results prioritised at the top of search engines, and pop-ups on a user’s screen. It helps businesses grow by reaching targeted audiences and can be cheaper and quicker than traditional advertising formats. Last year it accounted for three quarters (£26.1 billion) of the £34.8 billion spent on advertising in the UK.
Its rapid development, combined with changes in technology and complex supply chains between marketers and platforms, make it difficult to stop illegal ads appearing.
People frequently encounter fraudulent celebrity endorsements for financial scams, legitimate-looking pop-ups containing hidden malware, and promotions for products prohibited under UK law – such as weapons, drugs, counterfeit fashion and fake ticketing.
Children can be exposed to ads for age-restricted products such as alcohol, gambling and adult-rated films and games.
Creative Industries Minister Sir John Whittingdale said: “Advertising is a huge industry in which Britain is a world leader. However, as online advertising has taken a steadily bigger share, the rules governing it have not kept pace and so we intend to strengthen them to ensure consumers are properly protected.
“Our plans will shut down the scammers using online adverts to con people out of their cash and will stop damaging and inappropriate products being targeted at children.
“We will make sure that our proposed regulation helps keep people safe while supporting and enhancing the legitimate advertising industry so it can maximise its innovation and potential.”
There is currently a self-regulatory system for the content and placement of online adverts in the UK, overseen by the Advertising Standards Authority (ASA). The ASA has a strong record of delivering consistent, effective results and holding legitimate advertisers accountable. However regulators are not empowered to act to address illegal harms in the same way as harmful advertising by legitimate businesses.
The government intends to introduce new rules to tackle illegal paid-for online adverts and increase protections for children. A range of targeted legislative and non-legislative measures will address the most serious risks linked to online advertising. This approach complements the Online Safety Bill, which is targeted at user generated content, and will build on measures tackling fraudulent advertising in that legislation.
The new statutory regulation will put more responsibilities on major players across the online advertising supply chain. As well as online publishers, apps and websites serving ads, ‘adtech’ intermediary services which facilitate the placement and distribution of online adverts will be in scope. Promotional posts by social media influencers where they receive payment or free products will also be covered.
Social media firms, search engines and other websites will be required by law to have proportionate systems and processes to stop people being served illegal adverts, and prevent under-18s seeing adverts for products and services illegal to be sold to them. This will improve safety, transparency and consumer trust by introducing more effective action while supporting industry growth.
In due course, the government will launch a further consultation on the details of potential legislation – including its preferred choice for a regulator to oversee the new illegal paid-for advertising rules. New legislation would not affect the ASA’s remit for the content and placement of legitimate paid-for advertising online.
Ministers will this week convene a new taskforce to gather more evidence around illegal advertising and build on industry initiatives to tackle harms and increase protections for children before the legislation is introduced.
The taskforce will be chaired by Creative Industries Minister John Whittingdale and Mark Lund, the chair of the Advertising Standards Board of Finance and former president of McCann UK and Europe.
The group will include representatives from across the advertising industry, including the ASA, as well as tech trade bodies, consumer groups and the government’s Anti-Fraud Champion, Anthony Browne.
Mark Lund, chair of The Advertising Standards Board of Finance and deputy chair of the Online Advertising Taskforce, said: “UK advertising is a dynamic engine for the UK economy because it’s creative and trusted.
“So, I’m delighted to be helping lead in the task force’s role in strengthening industry’s response to illegal harms advertising and the protection of children online, building on the long-term success of the ASA and the self-regulation system in keeping both trust and creativity at world leading levels.”
Anti-Fraud Champion Anthony Browne said: “We remain absolutely committed to fighting fraud and this is another example of the government delivering on a pledge from its pioneering Fraud Strategy.
“Eighty percent of fraud is cyber enabled and it often starts with fraudulent posts and adverts on social media. I am therefore pleased to see new measures being introduced to tackle these.
“The government will continue to work with industry, and law enforcement, to prevent fraud from happening and ensure better support is given to the public.”
‘Make no mistake – this is one of the most pernicious pieces of union-bashing legislation you will ever see’
The ongoing Conservative Party psycho-drama has dominated the headlines over the last few weeks (writes TUC General Secretary PAUL NOWAK).
While it has been good to see Boris Johnson finally held accountable, it’s meant that many important issues have slipped under the radar.
The Strikes Bill returns to parliament today (23 June). It won’t get anywhere near the coverage of the vote on the Privileges Committee report, but it should.
Make no mistake – this is one of the most pernicious pieces of union-bashing legislation you will ever see.
And the TUC is by no means alone in saying this.
Over the weekend the UN workers’ rights watchdog, the ILO, demanded that the UK bring trade union rights into line with international law.
In a rare intervention, it instructed UK ministers to “seek technical assistance” from the body and to report back to the ILO in September.
The last time the ILO issued this type of rebuke to the UK was in 1995.
Litany of critics
The spiteful legislation has faced a barrage of criticism from employers, civil liberties organisations, the joint committee on human rights, House of Lords Delegated Powers and Regulatory Reform Committee, race and gender equalities groups, employment rights lawyers, politicians around the world – as well as a whole host of other organisations.
It is no surprise that this Bill has upset and enraged so many.
The UK already has the most restrictive anti-strikes legislation in Western Europe. And these reforms will take the country in an even more draconian direction.
That would mean that when workers lawfully vote to strike in health, education, fire, transport, border security and nuclear decommissioning, they could be forced to attend work – and sacked if they don’t comply.
As the TUC has repeatedly warned the Strikes Bill is undemocratic, unworkable and almost certainly illegal.
Far from preventing strikes, the Bill will poison industrial relations and escalate disputes.
And for what? So Rishi Sunak can throw some red meat to his backbenchers and look tough to his ungovernable party.
Next steps
So where do we go from here?
The Strikes Bill is back in the Commons after a series of bruising defeats in the Lords.
The government will whip its MPs to vote down much-needed amendments as they try and fast-track the legislation onto the statute books.
Our challenge remains the same. Unions will continue to fight the Bill at every stage and will not rest until these poisonous reforms are defeated, and if passed into law, repealed by the next Labour government.
Last summer, ministers changed the law to allow agencies to supply employers with workers to fill in for those on strike. Unions are currently challenging the change in courts – with a judgment expected soon.
The right to strike is a fundamental British liberty that is vital for the balance of power in the workplace.
We must defend it at all costs. And as I told a TUC rally last month, we are also very clear that we will stand by any worker who exercises their fundamental right to strike.
