Tag: legislation

UK children and adults safer online as ‘world-leading’ bill becomes law

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:

  1. make sure illegal content is removed
  2. enforce the promises social media platforms make to users when they sign up, through terms and conditions
  3. 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.”

Charities welcome new hunting legislation but warn hunts will be under more scrutiny than ever before

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.”

‘Slip Up’: Clarification as council underlines commitment to short-term lets legislation

Council leader ‘sorry’ for misleading comments

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.

At the Council meeting on 31 August, councillors agreed the following emergency motion:

Emergency Motion – Short Term Lets

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

Visit the Scottish Government’s website for further information on the scheme. 

New rules to crack down on illegal ads and protect children online

  • 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.”

TUC: We will defend the right to strike at all costs

‘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.

Holyrood committee seeks views on Visitor Levy proposals

The Visitor Levy (Scotland) Bill will be the focus of a new public consultation launched today by the Scottish Parliament’s Local Government, Housing and Planning Committee.  

The Visitor Levy (Scotland) Bill was introduced in the Scottish Parliament in May 2023.  

If passed, the legislation will give local authorities the ability to add an additional charge to overnight accommodation if they choose to do so. This will be based on a percentage of the cost, with the rate set by individual councils. 

The Committee is seeking views from businesses, tourism organisations, community groups, individuals, and other key stakeholders over the summer ahead of its consideration of the general principles of the Bill. 

Following the consultation period, the Committee will listen to the views of stakeholders before producing a report setting out its findings. MSPs will then debate the Bill in the Chamber and decide whether it should proceed. 

The Committee is launching the call for views ahead of a meeting in Kirkwall later today with Destination Orkney to discuss their views on the Bill.  

Commenting on the launch, Committee Convener Ariane Burgess MSP said: “We’ve now launched a call for views on the Scottish Government’s Visitor Levy (Scotland) Bill and want to hear from as wide a range of communities, tourism organisations, businesses, and individuals as possible to inform our scrutiny.  

“Tourism is one of Scotland’s leading growth industries, contributing more than £4 billion to our economy each year, so ensuring these proposals work for those connected to the industry is essential.  

“The Bill provides a framework for local authorities to decide how money raised should be spent within local communities, how flexible they can be with where and when the levy would apply and whether certain exemptions should apply, all of which we want to gather detailed views on from urban, rural and island communities across Scotland.”  

The call for views will run from Monday 26th June 2023 to Friday 1 September. 

Those wishing to respond can choose to provide a detailed response to the Committee about the Bill or make brief and general comments, joining the conversation about the Bill on the Committee’s engagement website. 

Visitor levy legislation introduced

Councils empowered to raise money for local tourism

A Bill to enable councils to invest more in local tourism facilities and services through a levy on overnight stays has been published.

If passed by the Scottish Parliament, the Visitor Levy (Scotland) Bill will give councils the power to apply a levy on stays in overnight accommodation based on a percentage of the accommodation cost.

All money raised would have to be reinvested locally on facilities and services substantially for or used by visitors, enhancing the tourist experience and benefitting local communities and their economies.

Under the plans, councils would be required to consult communities, businesses and tourism organisations before putting a visitor levy in place. They would also have to consult on how any revenue raised should be spent.

The proposals follow public consultation and form part of the New Deal for Local Government which gives councils greater financial flexibility and strengthens local democracy.

The Scottish Government has also invited representatives from the tourism industry, COSLA and other partners to join an expert group to consider how it could best be implemented if passed.

Public Finance Minister Tom Arthur said: “Scotland is already a very popular tourist destination and the domestic and international visitors we welcome every year have a significant and positive impact on the Scottish economy. Giving councils the power to introduce a visitor levy is one tool that will provide additional resources to continue to attract visitors to Scotland.

“Levies on visitors staying in paid-for accommodation are already used around the world and it is reasonable for local areas to want a small contribution from tourists to help support and sustain visitor economies.

“There have been significant contributions to the Bill so far from the tourism industry, COSLA and other partners and I look forward to continuing to work with them as it progresses through Parliament.”

COSLA Resources Spokesperson Councillor Katie Hagmann said: “COSLA welcomes the Scottish Government’s move to give councils the power to apply a visitor levy. This represents a key step towards reaching COSLA’s long-standing goal of a more empowered Scottish local government.

“COSLA has consistently called for the ability of councils to set and raise taxes based on what is needed and decided locally. By providing each local authority with the power to set a rate charged to visitors, and to do so independently of the Scottish Government, the Local Visitor Levy empowers local decision-making, with councils able to respond to the needs of their area and the people who live there.

“COSLA is well aware that Scotland’s councils and communities have a great diversity of needs – what works for one council will not necessarily be suitable for another. We welcome the flexibility offered by this legislation, and will consider if there are opportunities for it to go further. We are looking forward to seeing further investment both in tourism and our communities in the future.”

City council Leader Cammy Day has welcomed today’s publication of a Bill by the Scottish Parliament to empower councils to raise money through tourism.

If passed, the Visitor Levy (Scotland) Bill will give the City of Edinburgh Council the power to progress plans for a levy on stays in overnight accommodation, which it has been campaigning to see introduced for over five years.

The council has produced a substantial body of work to back its case for why a levy is the right move for Edinburgh, including a detailed consultation in 2018 which saw 85% of 2,500 respondents expressing strong support for its introduction. This figure included a majority of Edinburgh-based businesses and accommodation providers.

It was estimated then that a levy in Edinburgh could raise in the region of £15m per year to invest in sustainable tourism and managing the impact of tourism on the city. The Bill published today stipulates that levies must be based on a percentage of the accommodation cost, and spent of services substantially for or used by tourists.

Council Leader Cammy Day said: We’ve been building the case for Edinburgh to introduce such a levy for years so it’s great to finally see this Bill brought forward.

“We’re very proud that Edinburgh is one of the world’s most popular visitor destinations, but we’re equally aware that this success comes at a cost. That’s why we believe it’s right to ask visitors to make a small contribution to help us sustain and improve our tourism offer while managing its impact, and why we’ve been a key driver working with COSLA and the Scottish Government to see this legislation brought forward.

“A visitor levy is common practice in other major cities and destinations so why not here, in the place named ‘best city in the world’ to visit by Time Out magazine?

“From our citywide consultation held in 2018, our proposals gained overwhelming backing from Edinburgh’s residents, businesses and attractions – and, importantly, also from the majority of accommodation providers.

“Clearly, this model will need to be reviewed in line with the recommendations of the Bill so reshaping this with input from industry partners and communities is our next priority. It has been an extremely challenging period for our culture and hospitality industries so it’s more important than ever that we are fully committed to working together with them and other partners to co-produce a scheme that works best for the whole of our Capital city.”

EDINBURGH SNP POLITICIANS WELCOME INTRODUCTION OF TOURIST TAX LEGISLATION

Tommy Sheppard MP and SNP Council Group Leader, Adam McVey, have today welcomed the publication of a Bill which would give Edinburgh City Council the power to invest more in local tourism facilities and services through a levy on overnight stays.

Sheppard, whose Edinburgh East constituency encompasses some of the City’s most popular tourist attractions like Edinburgh Castle and the Royal Mile, has committed to work with the local tourism industry, City Councillors and MSP colleagues to “get the Bill over the line.”

If approved by the Scottish Parliament, the Visitor Levy (Scotland) Bill will grant councils the authority to impose a levy on overnight accommodation, calculated as a percentage of the accommodation cost.

All funds generated from this levy would be reinvested locally, primarily in facilities and services used by tourists. This reinvested aims to enhance the tourist experience and bring significant benefits to local communities and their economies.

Edinburgh City Council have announced its proposal to implement a nightly charge of £2 for the first week of a stay, to be added to the price of any room. It is estimated the scheme would bring in between £5 million and £35 million a year, depending on the final model agreed.

Commenting, Tommy Sheppard MP said: “It’s great to see the Scottish Government move forward with proposals to give councils the power to apply a visitor levy. It’s particularly welcome here in Edinburgh – a city which proudly welcomes over welcomes over 4 million visitors annually.

“This isn’t a question of fleecing tourists as some suggest, but a rather a matter of fairness. It cost money to keep our streets clean, well-lit, and safe. It costs to support our festivals, to keep our museums and public spaces world class. 

“Residents pay for this through their council tax and yet many living outside the city centre don’t get a lot of benefit from it. It’s only fair that people who come here for a few days or weeks and take advantage of these facilities make a modest contribution too. That’s what this legislation will give Edinburgh City Council the power to do.

“I look forward to working with the local tourism industry, Edinburgh Councillors and my MSP colleagues to get this Bill over the line.”

SNP group leader Adam McVey, added: “Edinburgh has well-developed plans for a tourist tax, and I’m delighted this legislation has moved to the next stage to make these plans a reality.

“More than 90% of residents backed plans for this levy in the City when asked and the engagement from industry means the Edinburgh plan is well thought out and deliverable for businesses too.

“This has been a key ask of local government for the last 6 years and it’s fantastic that the SNP Government have responded so positively through this process to further empower Councils on this policy as well as progressing many others.”

BOYACK CONCERNED THAT VISITOR LEVY IS STILL YEARS AWAY

Following the introduction of a Visitor Levy (Scotland) Bill, Sarah Boyack MSP has written to the Minister for Community Wealth and Public Finance, Tom Arthur, to welcome the Bill but raise concerns that the powers for local authorities to implement a Levy could be years away.

In her letter, the Scottish Labour MSP said that “there are some key aspects of the proposed Bill that lack detail and will have an impact on local authorities like the City of Edinburgh that are ready to get on and introduce a Levy.”

Boyack referred to the Section 12 of the draft Bill which requires local authorities to carry out consultation prior to making a decision to implement a Scheme, raising questions about whether consultation already carried out by the City of Edinburgh Council would be accepted by Ministers to meet the requirements in the draft Bill.

It comes after the City of Edinburgh Council Leader, Cllr Cammy Day, raised concerns that having the power and implementing a Visitor Levy could still be two years away. Sarah Boyack is concerned that the draft Bill means that this is an underestimation.

Commenting, Sarah Boyack MSP said: “I welcome the introduction of this Bill, which will make a huge difference in public purse and will allow our councils to fund vital local services.

“A Visitor Levy Bill is long overdue.

“However, the lack of detail, particularly on timescales, in the draft legislation concerns me given that the warning from the City of Edinburgh Council that having the powers and implementing a Visitor Levy could be two years away is actually an underestimation of the time it will take to get a scheme up and running.

“Our Councils are severely underfunded. Introducing a Visitor Levy like other cities across Europe could raise approximately £15 million extra every year which would go towards funding local services.

“I am keen to ensure that there are no unnecessary hurdles for Edinburgh to implement a Visitor Levy and get the full benefits for local services as quickly as possible.”

In a recent Parliamentary Question on a Visitor Levy the Minister for Community Wealth and Public Finance agreed to meet with Sarah Boyack MSP and representative from Edinburgh City Council on the Government’s proposal. It is hoped that this meeting will take place within weeks.

Trolls who encourage serious self-harm to face jail

New offence for encouraging serious self-harm with perpetrators facing 5 years behind bars

  • offence to apply regardless of whether target goes on to cause serious self-harm
  • move will protect vulnerable while not criminalising those who share their recovery journey

Vile trolls who hide behind the anonymity of the internet to encourage others to cause themselves serious harm will face prosecution as part of an overhaul of online safety laws announced today (18 May 2023).

Additions to the Online Safety Bill will make it a crime to encourage someone to cause serious self-harm, regardless of whether or not victims go on to injure themselves and those convicted face up to 5 years in prison.  The new offence will add to existing laws which make it illegal to encourage or assist someone to take their own life.

Police or prosecutors will only have to prove communication was intended to encourage or assist serious self-harm amounting to grievous bodily harm (GBH) – this could include serious injuries such as broken bones or permanent physical scarring.

The offence will apply even where the perpetrator does not know the person they are targeting – putting an end to abhorrent trolling that risks serious self-harm or life-changing injuries.

Encouraging someone to starve themselves or not take prescribed medication will also be covered.

Research from the Mental Health Foundation shows that more than a quarter of women between 16-24 have reported self-harm at some point in their life and since 1993 the levels of self-harm among women have tripled.  Today’s announcement is the latest step in our work to provide greater protections for women and girls who are more likely to self-harm.

Research also shows more than two-thirds of UK adults are concerned about seeing content that promotes or advocates self-harm while online.

Lord Chancellor and Justice Secretary, Alex Chalk KC, said: “There is no place in our society for those who set out to deliberately encourage the serious self-harm of others. Our new law will send a clear message to these cowardly trolls that their behaviour is not acceptable.

“Building on the existing measures in the Online Safety Bill our changes will make it easier to convict these vile individuals and make the internet a better and safer place for everyone.”

The new offence will be created following a recommendation from the Law Commission in 2021 and balances the need to protect vulnerable people while not criminalising those who document their own self-harm as part of their recovery journey.

Justice Minister, Edward Argar MP, said: “No parent should ever worry about their children seeing content online or elsewhere encouraging them to hurt themselves. Our reforms will punish those who use encourage vulnerable people to inflict serious injuries on themselves and make sure they face the prospect of time behind bars.“

This new offence builds on measures already in the Online Safety Bill, which will better regulate social media and ensure that social media companies like Tiktok, Snapchat, Facebook, Instagram and others are held legally responsible for the content on their sites.

Anti-strikes Bill will give ministers “unfettered power” to restrict the right to strike, top lawyers warn

  • Experts say government’s Strikes Bill will make Britain an international “outlier” on union laws 
  • Unions will be forced to “undermine” their own strikes, lawyers say 

Leading employment lawyers have warned that government’s new Strikes (Minimum Service Levels) Bill will give ministers “unfettered power” to restrict the right to strike. 

In a joint statement, the legal specialists say the new legislation will make Britain “an outlier” on strike laws compared to other European and Western democracies. 

Those adding their names to the statement include:  

  • Alan Bogg, Professor of Labour Law, University of Bristol 
  • Keith Ewing, Professor of Public Law, King’s College London 
  • Ruth Dukes, Professor of Labour Law, University of Glasgow   

Highlighting the new sweeping powers the Bill will give to ministers, the lawyers say: 

“The legislation gives a Secretary of State a largely unfettered power to determine what a minimum level of service should be in a particular service, and consequently the circumstances in which and the extent to which workers in these sectors can lawfully exercise their freedom to strike.” 

Highlighting how Britain risks becoming an international outlier on strike laws, the lawyers say: 

“The Strikes (Minimum Service Levels) Bill would place an unacceptable restriction on a worker’s right to take strike action to defend their terms and conditions of employment. It adds to an existing body of highly restrictive laws on strikes, including the Trade Union Act 2016. 

“It would make Great Britain an outlier among comparable countries. If ministers are keen to learn from overseas, a more promising place to start would be the creation of a culture of social dialogue and balanced cooperation through the introduction of sector-wide collective bargaining, together with the clear legal recognition of a positive right to strike.” 

Highlighting the strain the Bill will put on industrial relations, the lawyers say: 

“Trade unions will be required by an employer acting with the authority of the state to take steps actively to undermine its own strike, for which its members will have voted in a ballot with high thresholds of support. Such an obligation is unprecedented in British law, and it places trade unions in an intolerable conflict with their own members. 

“The legislation also removes significant protections for individual workers exposing them to the risk of dismissal and victimisation. It will do nothing to resolve the current spate of industrial action, which will be settled by negotiation and agreement, rather than by the introduction of even tighter restrictions on trade unions.” 

The TUC has accused the government of ducking scrutiny over the Bill. 

If passed, the Strikes Bill will mean that when workers democratically and lawfully vote to strike they can be forced to work and sacked if they don’t comply.  

The Bill gives ministers power to impose new minimum service levels through regulation.   

But consultations on how these regulations will work in specific services have not been completed, and parliamentarians have been given few details on how minimum service levels are intended to operate.  

The TUC says the new legislation will “do nothing” to solve the current disputes across the public sector, and “only make matters worse”. 

Alan Bogg, Professor of Labour Law at the University of Bristol said:  “This Bill would risk leaving Britain an international outlier in its restrictive laws on trade unions. 

“When combined with existing legislation, these proposals constitute a further departure from established norms and international treaty obligations.  

“Rather than bringing Britain into line with other European countries, it deviates significantly from the legal traditions of our neighbours where the right to strike is often given explicit constitutional protection.” 

Ruth Dukes, Professor of Labour Law at the University of Glasgow said:  “These minimum service requirements will do nothing to help workers and employers reach agreement. 

“But they might well prolong and inflame disputes.” 

Commenting on the lawyers’ letter, TUC General Secretary Paul Nowak said: “This is a damning assessment of the government’s Strikes Bill. Make no mistake – these new laws are a naked power grab that will allow ministers to severely restrict the right to strike. 

“This spiteful legislation would mean that when workers democratically vote to strike, they can be forced to work and sacked if they don’t comply.     

“Compulsory work notices during strikes will place a huge strain on employer and union relations and will do nothing to help resolve disputes. 

“If this nasty legislation gets on to the statute book, the TUC will fight it all the way – including through the courts.  

“The Conservatives cannot legislate away worker dissatisfaction.” 

The full statement reads: 

We the undersigned are specialists in employment law. 

Between us we have decades of experience as academics and practitioners in analysing the existing statutory regime for industrial action and the wider industrial relations landscape in Great Britain and internationally. 

In our view the Strikes Bill (Minimum Service Levels) Act would place an unacceptable restriction on a worker’s right to take strike action to defend their terms and conditions of employment. It adds to an existing body of highly restrictive laws on strikes, including the Trade Union Act 2016. The cumulative effects of this legislation would place the UK well outside the mainstream of industrial relations in comparable countries. 

The right to strike is guaranteed in international law by a succession of important treaties. These include the Council of Europe’s Social Charter of 1961; and the UN’s International Covenant on economic, social and cultural rights of 1966. It has also been recognised as a human right by the International Labour Organisation, and by the European Court of Human Rights. Our obligation to respect ILO conventions and the Social Charter was reinforced by the 2020 Trade and Cooperation Treaty with the European Union. 

In Great Britain the right to strike is already heavily limited. The statutory regime places significant requirements on trade unions contemplating industrial action including the need to conduct a postal ballot under highly complex rules, the need to clear high thresholds of support (even higher in ‘important public services’), and to give 14 days’ notice of action. 

The Strikes Bill as drafted would remove none of these requirements while placing a hugely onerous new set of requirements on unions and union members. 

The legislation gives a Secretary of State a largely unfettered power to determine what a minimum level of service should be in a particular service, and consequently the circumstances in which and the extent to which workers in these sectors can lawfully exercise their freedom to strike. If a strike takes place in these services, an employer will have the power to issue a work notice effectively to requisition workers during the strike.   

Trade unions will then be under a duty to take “reasonable steps” to ensure that workers comply with the work notice. Trade unions will thus be required by an employer acting with the authority of the state to take steps actively to undermine its own strike, for which its members will have voted in a ballot with high thresholds of support. Such an obligation is unprecedented in British law, and it places trade unions in an intolerable conflict with their own members. 

The legislation also removes significant protections for individual workers exposing them to the risk of dismissal and victimisation. It will do nothing to resolve the current spate of industrial action, which will be settled by negotiation and agreement, rather than by the introduction of even tighter restrictions on trade unions. 

The proposed minimum service legislation constitutes a further departure from established norms and treaty obligations. It would make Great Britain an outlier among comparable countries. If ministers are keen to learn from overseas, a more promising place to start would be the creation of a culture of social dialogue and balanced cooperation through the introduction of sector-wide collective bargaining, together with the clear legal recognition of a positive right to strike. 

Professor Alan Bogg, Professor of Labour Law, University of Bristol 

Professor Nicola Countouris, Director of the Research Department, European Trade Union Institute (ETUI) and Professor in Labour Law and European Law, University College London 

Professor Ruth Dukes, Professor of Labour Law, University of Glasgow 

Professor Keith Ewing, Professor of Public Law, King’s College London 

Professor Lydia Hayes, Professor of Labour Rights, University of Liverpool 

Dr Ioannis Katsaroumpas, Lecturer in Employment Law, University of Sussex 

Professor Aristea Koukiadaki, Professor of Labour Law and Industrial Relations, Head of The University of Manchester Law School 

Professor Virginia Mantouvalou, Professor of Human Rights and Labour Law, University College London 

Dr Ewan McGaughey, Reader in Law, King’s College London 

Professor Tonia Novitz, Professor of Labour Law, University of Bristol 

Foysol Choudhury: Time for Scotland to support Asylum Seekers 

A new plan brought in by the UK Conservative Government is yet another attempt to remove genuine asylum seekers from the UK (writes FOYSOL CHOUDHURY MSP).

The scheme will require asylum seekers from Afghanistan, Eritrea, Syria, Yemen, and Libya, who may have been in the UK for up to 18 months, to answer the 11-page document that consists of 50 questions, ranging from political persecution to trafficking experiences.

More shockingly, this form must be answered within 20 days to avoid refusal and must be completed in English. 

These demands being made of the most vulnerable in society are unreasonable and undermine genuine claims of asylum seekers who are traumatised from experiences of conflict or persecution.

Firstly, the language barrier to filling out highly complex questionnaires will automatically exclude those who do not speak English and may also lead to people paying to use translation tools when they can ill afford to do so.

Secondly, the time frame to complete this is unjustified and will exacerbate inequalities between asylum seekers who do not have the assistance to fill in the form.

Legal experts say that a 20-day timeframe is not enough time to seek and receive any legal advice, which could overwhelm our legal system here in Scotland when the service is already under crippling pressure. Due to the crisis in immigration legal aid, there are simply not enough immigration legal aid representatives to assist all the individuals who must complete their questionnaires within short timeframes or face the grave repercussions of their claim being withdrawn.  

This scheme comes at a time when the UK Government is introducing a controversial bill, the Illegal Migration Bill, which means those arriving into the UK by boats are not eligible for asylum claims and could lead to them being deported to a third country, like Rwanda. 

Recent rhetoric by Suella Braverman, Home Secretary of the United Kingdom, fuels anti-migration ideology and the tagline “stop the boats” to control the supposed “waves of illegal migrants” create a negative and manipulated image of asylum seekers.

This is echoed by the Prime Minister, who joins in this discourse of hostility towards those fleeing conflict. The UK government are using their ‘fear of the other’ rhetoric to stoke fears and racism to deflect attention from its policy failures and see it as a vote winner for the next general election. They are using people seeking safety for political gain, trying to deflect attention from the cost-of-living crisis, the NHS crisis and their unpopularity in the polls. 

Despite the false narrative spread by Westminster of an “invasion” of asylum seekers, the UK accepts fewer asylum seekers than other European countries. Whilst the UK issued 10,492 positive decisions in 2021, seven European countries issued more positive decisions than this. These include Germany (59,850), France (33,875), Italy (21,805), Spain (20,405), Greece (16,575), Austria (12,105) and the Netherlands (12,065).  

Furthermore, Westminster is attempting to drive a false narrative that asylum seekers all choose to come to the Global North, and the UK. Suella Braverman has suggested that 100 million displaced people around the world are attempting to enter the UK. Despite this dominant discourse, the reality is very different. Most asylum seekers move to a neighbouring country and currently, 84% remain in the Global South.

Human rights groups and the United Nations High Commissioner for Refugees (UNHCR) claim that the “stop the boats” policy would make the UK an international outlaw under European and UN conventions on protecting asylum seekers.

Fundamentally, seeking asylum is not illegal. The UK was at the forefront of signing the 1948 Universal Declaration of Human Rights (UDHR) and the 1951 Refugee Convention, which are historic developments to protect and uphold basic human rights. 

Under the Refugee Convention, asylum seekers are under no obligation to apply to the first safe country they reach; enter a country by regular means; or provide documentation. It is important to note that the UNHCR has condemned this bill and has urged the UK Government and all MPs to consider the humanitarian impacts of pursuing this bill.  

What is also concerning, are the claims that right-wing Tory MPs are attempting to amend the bill which would pull the UK out of the European Convention on Human Rights (ECHR). Alongside this, Braverman has been advocating for the government to leave the ECHR already, which is worrying to anyone committed to safeguarding fundamental rights. Leaving the convention would put everyone’s rights at risk. It’s a person’s last resort for holding the state to account when it has abused their rights. 

Although asylum is a reserved matter for the UK Government, this new plan for applications will have a direct impact on Scotland. Scotland’s Dungavel immigration detention centre will likely see an increase in the number of people detained here, as the process for securing a successful asylum application will become much harder due to these restrictive rules.  As this centre is based in Scotland and we will be impacted by the higher number of asylum seekers detained, Holyrood must hold discussions with Westminster to ensure that the UK’s commitment to the UNDHR and the Refugee Convention is upheld. 

We must ensure support is provided to asylum seekers to guarantee they face a fair process. The Scottish Refugee Council are working alongside lawyers and experts to propose changes to the current plan.

These suggested amendments to the questionnaire include simplifying the document; providing translations in relevant languages; creating a user-friendly guide for completion of the questionnaire and providing an extension for all unrepresented individuals. 

In response to this plan and the Illegal Migration Bill, we need to encourage the Scottish Government to support asylum seekers with the application form and recognise the importance of entering into a discussion with Westminster, so that commitments in international law can be upheld.  

To raise my concerns about the new bill, last Thursday I asked Shona Robison, the Cabinet Secretary for Social Justice, Housing and Local Government, what impact the UK Government’s proposed Illegal Migration Bill could have on Scotland’s legal aid services.

The Cabinet Secretary was unable to assess the overall impact this will have but agreed that it is likely to cause a magnitude of issues. I will continue to press these issues in the Scottish Parliament to ensure legal professions are best supported, which will ensure effective assistance is provided to asylum seekers.