Tag: legislation

Scottish Parliament approves short-term lets legislation

Local authorities to set up licensing schemes

All short-term let properties will require a licence to ensure they are safe and the people providing them are suitable, under legislation approved by the Scottish Parliament.

Local authorities will be required to establish a short-term lets licensing scheme by 1 October 2022, and existing hosts and operators will have until 1 April 2023 to apply for a licence.

The legislation was developed in response to concerns raised by residents and communities about the impact of short-term let properties on their local communities, including noise, antisocial behaviour and the impact on the supply of housing in some areas.

Housing Secretary Shona Robison said: “This legislation is a significant milestone on our path to bringing in an effective system of regulating short-term lets.

“Our licensing scheme will allow local authorities and communities to take action to manage issues more effectively, without unduly curtailing the many benefits of short-term lets to hosts, visitors and the economy.

“We have already introduced legislation allowing councils to establish short-term let control areas and manage numbers of short-term lets. This is the next step to delivering a licensing scheme that will ensure short-term lets are safe and that allowing them to continue to make a positive impact on Scotland’s tourism industry and local economies while meeting the needs of local communities.

“This legislation covers the whole of Scotland, including island and rural communities, and offers flexibility to local authorities in how it is implemented based on local needs and concerns.

“We appreciate the input from tourism bodies, local government, community organisations, residents and others in reaching this point.”

Welcoming the announcement, city council leader Adam McVey said: “This is fantastic news for residents. After our call for this legislative change we worked with the Scottish Government as they consulted on this issue and how the details of a licensing scheme would work.

“I’m really pleased all short term lets will now need a licence making them much easier to control not only in terms of overall impact on our housing supply but also help us deal with any anti-social behaviour and noise issues.

“It’ll mean whole properties being let out as short term lets will need to have ‘change of use’ planning permission before they can be granted a licence. This will help to stop homes being taken out of residential use or being let out when they are unsuitable or unsafe.

“In addition to this, councillors will consider a report next month on whether we should apply to the Scottish Government for Edinburgh to become a ‘short term let control area’. Enforcement of planning legislation is a costly and lengthy process. If approved, many properties being used as short term lets would automatically require to have planning permission in place.”

All short-term let properties will require a licence by July 2024.

Political parties unite over the pain of crabs and lobsters

One step closer to being included in UK law

It’s rare to hear about cross-party consensus in UK politics, but last week this happened in the House of Lords at Westminster and for a most unusual reason – crabs and lobsters!

The ten-legged crustaceans were debated late into the night, with Lords agreeing to support a government amendment declaring that animals like crabs, lobsters and prawns experience feelings such as pain and should be included in the Animal Welfare (Sentience) Bill.

The amendment was laid on behalf of the government by Conservative peer Lord Benyon, and sponsored by opposition Labour peer Baroness Hayman of Ullock and Liberal Democrat peer Baroness Bakewell of Hardington Mandeville. It is believed to be only the second time this has happened in recent history.

Following Brexit, the UK government launched an Action Plan for Animal Welfare, including the Animal Welfare (Sentience) Bill which is currently making its way through UK Parliament.

After the debate in the House of Lords it will now include decapod crustaceans (animals like crabs, lobsters and prawns) and cephalopod molluscs (animals like octopus and squid).

If passed into law their welfare would have to be considered in any future policy decision-making. It would also pave the way for their inclusion into other UK animal welfare legislation such as the Animal Welfare Act.

The UK will be joining countries who already have protections for these animals in law, including Norway, Austria, Switzerland, New Zealand and various Australian territories and cities in Germany, Netherlands and Italy.

The issue is particularly relevant for the UK, where approximately 420 million crabs, lobsters and langoustines are landed in UK ports by UK vessels each year.

On the 19th November 2021 an independent report was released that reviewed the evidence for sentience in decapod crustaceans and cephalopod molluscs. The report was commissioned by the Department for Environment, Food and Rural Affairs (Defra).

The review, led by Dr Jonathan Birch of the London School of Economics (LSE), analysed over 300 scientific studies over several months. The team concluded that there is strong scientific evidence of sentience in decapod crustaceans and cephalopod molluscs, and recommends that they should be included in animal protection legislation.

The government amendment that was supported by the House of Lords, was drafted directly in response to the findings and recommendations of this report.

Crustacean Compassion, the leading group campaigning for the humane treatment of animals like crabs and lobsters, has welcomed the news. They have shown this issue to be of public concern and to have significant expert support.

Their petition calling for decapod crustaceans to be protected in law has been signed by almost 60,000 people to date, and their open letter was signed by scientists, veterinary organisations and public figures, including the British Veterinary Association, RSCPA and wildlife broadcaster Michaela Strachan.

Claire Howard of Crustacean Compassion said: “There is no longer debate about whether or not animals like crabs, lobsters and prawns can feel pain. The scientific review published by London School of Economics has shown the evidence is clear and compelling.

“In the UK this has now led to government recognition of their sentience for the first time. It would be great to see this inspire legal protection for these animals in countries around the world.”

Juliette Booker of Crustacean Compassion said: “It is fantastic to see this cross-party support resulting in crabs, lobsters and prawns being included in the UK Sentience Bill.

“The peers have reviewed the extensive scientific evidence in the LSE report and taken the findings seriously. Knowing that these animals can feel pain, we now need to ensure that inhumane practices such as boiling them alive are stopped.”

Proposal to pardon miners to be explored by Holyrood Committee

A Bill which would pardon miners convicted of offences during the 1984-1985 miners’ strike is to be scrutinised by a Scottish Parliament Committee.

The Equalities, Human Rights and Civil Justice Committee is seeking views from the public, academics and other interested stakeholders on the Miners’ Strike (Pardons) (Scotland) Bill.

If passed, the Bill would automatically pardon those convicted of offences which occurred during the course of a miner’s participation of a picket line, demonstration, or other similar gathering in supporting the strikes or while travelling to or from a picket line or demonstration.

Recognising the strain placed on police and community relationships during the strike, the legislation is an attempt to bring reconciliation between those upholding the law and those who were fighting to protect their jobs, livelihoods and communities.

Committee Convener Joe FitzPatrick MSP said: “Many of those who took part and were convicted for their participation in the miners’ strike have had to live with the consequences and the resulting stigma for decades.

“This Bill seeks to provide some closure to communities across Scotland by pardoning those found guilty of certain offences during those bitter disputes.

“As we launch this inquiry, we want to find out if this legislation is the right approach to achieve reconciliation and right those historical injustices or if there are alternative ways we can reach that goal.

“In seeking views to aid our scrutiny, we particularly want to hear about how far the proposed pardons go and whether they cover the right people and offences.”

The call for views closes on 14 January 2022 and you can share your views here: 

https://yourviews.parliament.scot/ehrc/miners-strike-pardons-bill

“Long Overdue”: Gordon MacDonald MSP backs campaign for paid miscarriage leave

Edinburgh Pentlands MSP Gordon MacDonald has added his support to the campaign to introduce paid leave for families who experience a miscarriage before 24 weeks.

One in four pregnancies end in miscarriage, however, under current UK legislation, workers are only entitled to paid bereavement leave following a stillbirth after 24 weeks of pregnancy.

As a result, families across the country are forced to rely on their employer’s good will or sick leave to allow them to grieve their loss.

On 3 December, a Private Members’ Bill introduced by Lanark and Hamilton East MP Angela Crawley which would see three days of paid leave for parents who experience a miscarriage before 24 weeks will receive its second reading in the House of Commons.

A petition has been launched calling for the UK Government to support the campaign and MPs from all parties have backed the bill.

Many parents have spoken of the stigma associated with miscarriage and this bill would finally close gap in support.

Some companies have already gone further than the bill proposes and offer paid leave for between seven and 14 days for people who experience a miscarriage at any stage of the pregnancy.

Other countries, including New Zealand, have written similar provisions into law and in September Australia became the latest country to adopt paid miscarriage leave.

Gordon MacDonald MSP said: “I know many parents in Edinburgh Pentlands have experienced miscarriage and too many of them have to rely on their employer’s good will or take sick leave when it happens.

“Miscarriage is no one’s fault yet the stigma associated can often put parents in a position where they are unable to properly grieve their loss.

“Countries like Australia and New Zealand have already taken the progressive step to ensure all parents affected by miscarriage are entitled to paid leave.

“It is time that the UK followed in their footsteps and I fully support this bill to provide the much needed, long overdue support grieving parents need and finally end the stigma associated with miscarriage.”

Angela Crawley MP’s private members’ bill is due to be debated today – Friday 3rd December 2021

The petition can be viewed and signed at https://paidmiscarriageleave.co.uk/

Public support for crackdown on fireworks in Scotland

Tougher action on the sale and use of fireworks and tackling the misuse of pyrotechnics has been backed in a new consultation.

The public consultation, which attracted a total of 1,739 responses, asked for views on the Scottish Government’s Fireworks and Pyrotechnics Bill.

The proposed Bill follows the report of an independent Fireworks Review Group which recommended tightening legislation to reduce the harm fireworks can cause.

The consultation, published today, shows that of those who responded on these individual issues:

  • 92% agreed with the introduction of a new offence to criminalise the supply of fireworks to under-18s
  • 84% backed the introduction of a fireworks licensing system
  • 77% backed a new offence of being in possession of a pyrotechnic in a public place without reasonable excuse or lawful authority
  • 70% agreed with extending police powers to allow a stop and search provision in relation to pyrotechnics
  • more than 60% agreed with restrictions for the general public on the days fireworks can be sold and used

Community Safety Minister Ash Regan said: “The consultation builds on a significant programme of engagement and evidence gathering and demonstrated the range of views among those who responded.

“I am committed to making our communities safer and we have already moved quickly to introduce regulations restricting the times of day and the volume of fireworks that can be supplied to the public – as well as the times fireworks can be set off.

“We are intent on further improving safety for communities across Scotland by taking forward the Fireworks and Pyrotechnics Bill at the earliest opportunity to ensure appropriate action is taken over the sale and use of fireworks and to reduce the misuse of pyrotechnic devices such as flares.”

Short-term lets: Legislation laid before Scottish Parliament

Councils will be given powers to ensure short-term lets are safe and meet the needs of their local communities under legislation laid before the Scottish Parliament.

Under the legislation, all local authorities will be required to establish a short-term lets licensing scheme by October 2022. Existing hosts and operators will have until 1 April 2023 to apply for a licence for each property that they operate as a short-term let. All short-term lets in Scotland will have to be licensed by 1 July 2024.

The legislation was developed after residents across Scotland raised significant concerns about the impact of short-term lets on their communities, including noise, antisocial behaviour and the impact on the supply on housing in some areas.

It will ensure the needs and concerns of communities are balanced with wider economic and tourism interests.

Housing Secretary Shona Robison said: “We have already introduced legislation allowing councils to establish short-term let control areas and manage numbers of short-term lets. This is the next significant step to delivering a licensing scheme that will ensure short-term lets are safe and the people providing them are suitable.

“We want short term lets to continue making a positive impact on Scotland’s tourism industry and local economies while meeting the needs of local communities.

“Short-term lets can offer people a flexible travel option. However, we know that in certain areas, particularly tourist hotspots, high numbers of lets can cause problems for neighbours and make it harder for people to find homes to live in.

“The licensing scheme and control area legislation give councils the powers to take action where they need to.

“We appreciate the input from tourism bodies, local government, community organisations and others in reaching this point, and look forward to delivering a short-term lets licensing scheme that works for Scotland.”

Further information on the Scottish Government’s short-term lets legislation is available online.

MSPs to examine use of emergency rule-making powers

The Scottish Parliament’s Delegated Powers and Law Reform Committee is beginning an inquiry looking at the Scottish Government’s use of emergency regulation making powers.

The regulation making power, known as the ‘made affirmative procedure’, has been used over 100 times by the Scottish Government since the start of the pandemic. While the legal mechanism existed before, it was only used a handful of times in a year.

The made affirmative procedure means that legal changes come into force before MSPs have a chance to look at or vote on them, allowing the Government to act quickly. The Parliament does however need to approve the changes within 28 days for the law to stay in force.

The Parliament gave the Scottish Government more ability to use these powers in the Coronavirus Acts, originally passed in April and May 2020. The UK Coronavirus Act also allows for the procedure to be used in the UK Parliament and devolved legislatures.

The committee hopes to help the Parliament ensure an appropriate balance between flexibility for the Government in responding to an emergency situation while still ensuring proper parliamentary scrutiny and oversight.

Committee Convener, Stuart McMillan MSP, said: “There are good public health reasons to ensure the Scottish Government can act quickly to keep people safe. The Committee recognises that use of the made affirmative procedure has allowed the Scottish Government to respond quickly to the many challenges presented by the pandemic.

“But our Committee wants to ensure the power to do so is used appropriately and necessarily.

“Whenever possible, MSPs should have proper opportunities for oversight, and the public have opportunities to engage and comment on proposals before they come into force. This is a cornerstone of our democracy in Scotland.

“We will consider how the power is currently being used by the Scottish Government and make any recommendations for changes we find necessary.”

‘Conversion practices have no place in Scotland’

Expert group to advise on ban in Scotland

An expert group is to be established to advise the Scottish Government on the banning of conversion practices, which aim to change a person’s sexual orientation or gender identity.

The group will include people with personal experience of conversion practices as well as representatives from LGBTI organisations, faith and belief communities, mental health professionals and academics.

The Scottish Government has committed to introducing legislation to end conversion practices as comprehensively as possible within devolved powers by the end of 2023.

It is anticipated the expert advisory group will begin its work early next year and this, alongside recommendations from the Equalities, Human Rights and Civil Justice Committee and other evidence and research, will inform the Scottish Government’s approach.

Social Justice Secretary Shona Robison said: “We are clear about the need to end conversion practices in Scotland –  ensuring that everyone, regardless of their sexual orientation or gender identity, is safe from them. These practices are harmful, discriminatory, and have no place in our society.

“Work is now underway to establish an expert advisory group on banning conversion therapy and its remit will include recommending an agreed definition of conversion practices.

“We will explore how legislation can best protect and support those who need it, while ensuring that freedoms – including freedoms of speech, religion, and belief – are safeguarded.

“We are also considering what non-legislative steps we can take to end conversion practices, and support survivors.”

The 2021-22 Programme for Government commitment to end conversion practices is also part of the shared policy programme between the Scottish Government and Scottish Green Party.

The remit of the new expert advisory group will include:

  •      recommending an agreed definition of conversion practices;
  •      drawing together existing data and evidence on conversion practices, including international practice; 
  •      advising on potential actions to ban, end, or reduce conversion practices;
  •      advising on support for victims and survivors;
  •      advising on aligning any ban with commitments to protect freedom of expression and freedom of religion, in line with existing legislation;
  •      advising on how mental health services, religious bodies and other professionals should be supported to provide appropriate services to people seeking help and advice in relation to their sexual orientation or gender identity

Good Food Nation Bill introduced

Public bodies to prepare plans making good quality food accessible to all

Health boards and local authorities will develop wide-ranging plans to help ensure good quality, locally sourced and produced food is a practical everyday reality for everyone under new legislation.

The Good Food Nation Bill will ensure Scottish Ministers and a range of public bodies will produce good food nation plans to support social and economic wellbeing, the environment, health and economic development.

The Bill lays the foundation for Scotland to become a Good Food Nation where people from all walks of life take pride and pleasure from the food they produce, buy, cook and eat each day.

Rural Affairs Secretary Mairi Gougeon said: “We are committed to ensuring everyone in Scotland has access to healthy, nutritious fare and that businesses and public kitchens commit to producing, selling and serving good food.

“Organisations can play a leading role in this process – looking at how they boost local procurement, cut down food waste and packaging, use in-season produce as well disposing of food waste in an environmentally friendly way.

“But that’s not all. For example, a wide ranging food education can equip school pupils with the key skills they need to cook tasty, nutritious meals using the incredible array of world-class produce we have, but also to make informed food choices when they are away from home.

“We have been working across government through an extensive programme of measures to deliver on our ambition to be a Good Food Nation and our work to deliver action and practical measures will continue throughout this Parliament, not least to encourage the use of sustainable local produce and to help our children eat well.”

Women’s organisations call on MSPs to reject proposal to reform the Gender Recognition Act

Women Speak Scotland, as part of a coalition of 14 Scottish grassroots feminist and women’s rights organisations, have called on the Scottish Parliament to reject the Scottish Government’s proposed reform of the Gender Recognition Act.

Our joint statement, sent to all 129 MSPs, sets out our principled objections to the proposed legislation in its current form.

The First Minister has offered an assurance that this new legislation will “not … remove any of the legal protections women currently have”.

We welcome this commitment to women’s sex-based rights.

However, we believe the central feature of the proposed Bill – the introduction of sex self-identification – is incompatible with retaining women’s existing rights and protections under the Equality Act.

We use the term sex self-ID rather than gender self-ID because the most significant aspect of obtaining a gender recognition certificate (GRC) is that it allows people to engage in the legal fiction that they have become a member of the opposite sex, despite the biological impossibility of such an action.

Sex self-ID contributes to widespread confusion that makes it increasingly difficult to name, identify or define women or to protect any single-sex spaces, including hospital wards, prisons, youth hostels and changing rooms, sports, awards and women-only shortlists.

We ask the Scottish Government to drop its plans to introduce sex self-ID and to ensure its commitment to women is kept by:

  • Ensuring women’s voices and experiences are heard and inform any legislative change;
  • Ensuring protections for women on the basis of our sex are strengthened and not weakened by any changes to legislation;
  • Maintaining single-sex spaces for the dignity, privacy, physical, emotional and psychological safety of women and girls;
  • Guaranteeing the human rights of women, including those to freedom of speech and assembly, are not adversely affected by legislative change.

We ask all MSPs to vote against the proposed Bill because of its hugely detrimental impact on women’s rights to safe single-sex spaces and freedom of speech.

Signatories
Frontline Feminists Scotland
Women Speak Scotland
Sole Sisters
Women Matter
Keep Prisons Single Sex
Liberal Voice for Women
Yes Women’s Pledge
Labour Women’s Declaration
Conservatives For Women
Independence for Scotland Party (ISP)
Brodie’s Trust
Audacious Women Festival
National Network of Scottish Feminists
Women’s Human Rights Campaign (Scotland)

For more information, please contact info@womenspeakscotland.com