Tag: legislation

‘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

All tips to go to staff under UK government plans to enhance rights of 2 million workers

Government unveils plans to overhaul tipping practices, helping around 2 million people top up their income

  • UK Government to tackle shameful tipping practices and ensure all tips go to workers
  • plans will help around 2 million UK workers retain their tips, which can make up a large proportion of income for many hospitality workers
  • customers will know tips are going to the worker for a fair day’s work

All tips will go to staff under new plans to overhaul tipping practices set out by the UK Government today (Friday 24 September), providing a financial boost to hospitality workers across the country.

Most hospitality workers – many of whom are earning the National Minimum Wage or National Living Wage – rely on tipping to top up their income. But research shows that many businesses that add a discretionary service charge onto customer’s bills are keeping part or all of these service charges, instead of passing them onto staff.

The government will make it illegal for employers to withhold tips from workers. The move is set to help around 2 million people working in one of the 190,000 businesses across the hospitality, leisure and services sectors, where tipping is common place and can make up a large part of their income.

This will ensure customers know tips are going in full to workers and not businesses, ensuring workers receive a fair day’s pay for a fair day’s work.

Tipping legislation will build on a range of government measures to protect and enhance workers’ rights. In the past 18 months alone, the government has introduced parental bereavement leave, protected new parents on furlough, and given millions a pay rise through a higher minimum wage.

Labour Markets Minister Paul Scully said: “Unfortunately, some companies choose to withhold cash from hardworking staff who have been tipped by customers as a reward for good service.

“Our plans will make this illegal and ensure tips will go to those who worked for it. This will provide a boost to workers in pubs, cafes and restaurants across the country, while reassuring customers their money is going to those who deserve it.”

Moves towards a cashless society have accelerated dodgy tipping practices, as an increase in card payments has made it easier for businesses to keep the funds.

80% of all UK tipping now happens by card, rather than cash going straight into the pockets of staff. Businesses who receive tips by card currently have the choice of whether to keep it or pass it on to workers.

Today’s plans will create consistency for those being tipped by cash or card, while ensuring that businesses who already pass on tips fairly aren’t penalised.

The legislation will include:

  • a requirement for all employers to pass on tips to workers without any deductions
  • a Statutory Code of Practice setting out how tips should be distributed to ensure fairness and transparency
  • new rights for workers to make a request for information relating to an employer’s tipping record, enabling them to bring forward a credible claim to an employment tribunal

Under the changes, if an employer breaks the rules they can be taken to an Employment Tribunal, where employees can be forced to compensate workers, often in addition to fines.

Tipping legislation will form part of a package of measures which will provide further protections around workers’ rights.

Building on economic support measures, the UK Government recently announced a range of initiatives to support the hospitality sector through its first ever Hospitality Strategy.

This set out ways to help the sector improve its resilience, including by making hospitality a career option of choice, boosting creativity, and developing a greener sector.

Cats Protection launches plan to improve feline welfare in Scotland

TIME IS MEOW campaign launches today

Cats Protection has welcomed ground-breaking new laws on animal welfare in Scotland but said more still needed to be done to help cats.

The charity says new licensing regulations which come into force today will help to stamp out rogue cat breeders who put profit before the welfare of kittens and cats.

Cats Protection’s Advocacy & Government Relations Officer for Scotland Alice Palombo said: “These new licensing laws have come at a time when we need them the most.

“Over the past 18 months of the pandemic, a combination of increased demand for kittens and restrictions on household visiting has created the perfect conditions for unscrupulous breeders to flourish.

“We’ve heard countless stories of how people have been duped into buying underage, poorly kittens which either haven’t survived or have needed costly veterinary care. It’s not just the kittens that suffer – behind closed doors there are many female cats forced to have litter after litter in poor welfare conditions.”

Under the new licensing laws, anyone breeding three or more litters of kittens in any 12-month period must be licensed, and female cats will be limited to having a maximum of two litters within a year.

Breeders will also be banned from breeding cats with extreme traits which can lead to health conditions, such as the Scottish Fold.

Erin Macqueen, 22, from Glasgow, had a devastating experience in March 2021 when the kitten she purchased for £250 turned out to be just five weeks old. The tiny kitten, named Frankie, died just a few weeks later from a condition believed to be related to its poor start in life.

Erin explained: “Frankie had been advertised as a male 12-week-old kitten. When I took Frankie to the vets, I was told she was actually a girl, and was in fact only five weeks old.

“Alarm bells had rung when the seller delivered her to me – she wasn’t even in a cat carrier, the seller just had her tucked under her coat. I could see straight away that Frankie was tiny, but by that point it’s just too heart-breaking to say no. I didn’t know what I’d be sending her back to.”

After becoming unwell, Frankie was diagnosed with untreatable Feline Infectious Peritonitis and had to be put to sleep, causing huge emotional distress to Erin and leaving her with a £750 vet bill.

She said: “It was the vet’s opinion that she developed this as a result of being bred in poor conditions, probably among many other cats and kittens.

“With the benefit of hindsight, I can see that Frankie had probably been one of many kittens just bred and sold to make a quick profit. In her last days of life, she suffered greatly, and it was a very stressful and emotional time.”

With the new laws coming into force today, Cats Protection is now launching its Time is Meow campaign to ask the Scottish Government to go further to help protect cats.

The five-point action plan details what is needed to continue to ensure cats are better protected in Scotland, including the introduction of compulsory microchipping for pet cats, a ban on snares, encouraging landlords to allow renters to own cats, inclusion of animal welfare in the National Curriculum and further work to tackle unscrupulous cat breeding.

Alice added: “Scotland is leading the way in the UK when it comes to regulating cat breeding and animal rescues. As well as these new licensing laws, Scotland also has strict laws on air gun licensing which helps protect cats from the random attacks we see in Wales and England.

“This is all great news, but there is always more to be done and we want to see Scotland go further.

“Our Time is Meow cat welfare action plan includes issues which will benefit people as well as cats – in particular, encouraging landlords to allow their tenants to own a cat. At a time when we’re all spending more time at home, pet ownership is vitally important to our wellbeing and for helping tackle loneliness.”

Civil partnerships legislation comes into effect today

Couples across Scotland will be able to enter mixed-sex civil partnerships from June 30, and can submit a notice of intention now.

The introduction of mixed sex civil partnerships means that both mixed sex and same sex couples can now choose to marry or enter a civil partnership. 

Minister for Equalities Christina McKelvie said: “I welcome the introduction of civil partnerships for all couples.

“We have now embedded equality of choice on how to formalise their relationship in the way that best reflects their beliefs and ensures access to the rights, responsibilities and benefits which flow from entering a legally recognised relationship.  

“This ground-breaking change in law demonstrates our commitment to creating a fairer and more inclusive society for all.

“I wish good luck to all couples who are entering  Scotland’s  first mixed-sex civil partnerships.”

Joint call for mandatory ethnicity pay gap reporting

The TUC, CBI and Equality and Human Rights Commission (EHRC) yesterday issued a joint call for the government to introduce mandatory ethnicity pay gap reporting. 

In a joint letter to the Chancellor of the Duchy of Lancaster, Michael Gove, the heads of the three organisations say: “Introducing mandatory pay reporting on ethnicity would transform our understanding of race inequality at work and most importantly, drive action to tackle it where we find it.” 

The letter – signed by TUC General Secretary Frances O’Grady, CBI Director General Tony Danker and EHRC chairwoman Baroness Kishwer Falkner – urges ministers to set out a clear timeframe for introducing ethnicity pay gap reporting to help “ethnic minorities reach their full potential in the workplace.” 

TUC General Secretary  Frances O’Grady  said:  “Everyone deserves the chance to thrive at work, and to have a decent, secure job they can build a life on. But the sad reality is that even today race still plays a significant role in determining people’s pay and career progression. 

“This problem isn’t going to magic itself away. Without robust and urgent action many BME workers will continue to be held back. 

“Unions stand ready to work with employers, regulators and government on practical steps to tackle inequality and discrimination in the workplace. 

“Mandatory ethnicity pay gap reporting is an obvious first step in helping to improve transparency and bring about change. 

“We need ministers to commit to introducing ethnicity pay reporting now and to bring forward a clear timetable for getting it into law.” 

The full letter reads: 

Dear Chancellor of the Duchy of Lancaster 

The case for mandatory ethnicity pay reporting 

We are writing to set out our shared priorities to the inter-ministerial group established to consider the recommendations of the Commission on Race and Ethnic Disparities. Respectively, we represent millions of workers, thousands of businesses, and enforce the Equality Act 2010 in Britain to ensure that people have equal access to and are treated fairly at work. 

We agree with the Commission’s statement that the report comes at a pivotal moment for the country, at a time when the inequalities facing ethnic minority people are under scrutiny. Outcomes at work are no exception. However we believe the report’s recommendations, in particular those related to pay disparities, could go further in order to effectively increase the participation and progression of ethnic minorities in the workplace and create a fairer Britain. 

Introducing mandatory pay reporting on ethnicity would transform our understanding of race inequality at work and most importantly, drive action to tackle it where we find it. This has been a longstanding goal for all of us. It will enable employers to identify, consider and address the particular barriers facing ethnic minorities in their workplace, and will complement and enhance the work many already do to address gender pay gaps under existing regulations. 

Together we’re asking the Government to make it mandatory for employers to report on their ethnicity pay gaps, building on the successful framework already in place for gender. Reporting, done well, can provide a real foundation to better understand and address the factors contributing to pay disparities. To further enable this, we also support the Commission’s recommendation that pay gap data should be supported by a narrative – comprised of key data, relevant findings and actions plans to address race inequalities. 

Some employers are already voluntarily reporting on their ethnicity data and taking action to address race inequality in their workplaces. While this is welcome and should continue to be supported in the interim, introducing mandatory ethnicity pay reporting will put greater focus on race at work, contribute to a greater number of employers reporting their ethnicity pay gap figures, and achieve the change across the labour market that is required. 

We urge Government to set out a clear timeframe to implement this and encourage you to work with us to develop the tools and resources required to ensure that employers are supported, and that workers are confident in disclosing data in advance of making reporting mandatory. 

In so doing, we firmly believe that this will help ethnic minorities reach their full potential in the workplace, make business more inclusive, and ensure Government has a rich source of robust evidence to inform future labour market and industrial strategies. 

Frances O’Grady, General Secretary, TUC 

Tony Danker, Director General, CBI 

Baroness Kishwer Falkner, Chairwoman, EHRC 

Scottish Government launches Short Term Lets consultation

Balancing neighbourhood needs with tourism interests

Consultation on the details of a licensing scheme for short term lets will take place over seven weeks this summer.

Social Justice Secretary Shona Robison has announced the publication of a draft licensing order for consultation, ahead of laying the final legislation at the Scottish Parliament in September.

Stakeholders will now have until 13 August to comment on the licensing order and the draft business and regulatory impact assessment.

Draft guidance documents have also been published to explain how the legislation would work in practice.

Ms Robison said: “Regulation of short term lets is vital if we are to balance the needs and concerns of our communities with wider economic and tourism interests. 

“Short-term lets can offer people a flexible and cheaper travel option and have contributed positively to our tourism industry and local economies across the country. 

“However, we know that in certain areas, particularly tourist hot spots, high numbers of short-term lets can cause problems for neighbours and make it harder for people to find homes to live in.

“By allowing local authorities appropriate regulatory powers through a licensing scheme, we can ensure that short term lets are safe and address issues faced by local residents and communities.

“It will allow local authorities to understand more fully what is happening in their areas and assist with the effective handling of complaints.”

Under the proposed legislation, local authorities will have until 1 October 2022 to establish a licensing scheme, with all short-term lets to be licensed by 1 April 2024. Existing hosts and operators must apply for a licence by 1 April 2023.

The Scottish Government previously withdrew the Licensing Order from the Scottish Parliament in February. This was to allow for draft guidance to be developed with input from the stakeholder working group.

Ms Robison added: “We want to get this legislation absolutely right. A stakeholder working group was established earlier this year to develop guidance on the licensing scheme that was clear, comprehensive and easy to understand. 

“As part of this, the Scottish Government also set out to allay any unfounded concerns and actively explore solutions to any real issues, with a view to making any necessary adjustments to the Licensing Order.

“Stakeholder working group members have helpfully made a range of suggestions for adjustments to the Licensing Order, as well as providing very significant contributions to drafting the guidance.” 

The consultation runs until Friday 13 August 2021.

The consultation paper on draft licensing legislation for short-term lets in Scotland and supporting documents can be found here: gov.scot/publications/short-term-lets/.

Fireworks and Pyrotechnics Bill: Consultation launched on legislation to improve safety

A consultation on new legislation on the sale and use of fireworks and tackling the misuse of pyrotechnics has been published.

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

The eight week consultation will seek views on the creation of a new offence of carrying a pyrotechnic device in a public place without reasonable excuse or lawful authority.

It is also seeking views from the public on the extension of police powers to allow a stop and search provision in relation to carrying pyrotechnics without a justifiable cause.

In addition a number of proposals will change how fireworks can be sold and used in Scotland.

These include the introduction of an offence to criminalise the supply of adult fireworks to people under the age of 18 – and the introduction of ‘no firework’ areas.

The proposed Bill is in addition to new regulations laid in the Scottish Parliament in February, which come into force at the end of June, 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.

Community Safety Minister Ash Denham said: “Following the overwhelming results of the public consultation on fireworks that took place in 2019 it was clear fireworks are an important issue to the people of Scotland and that there is a strong appetite for change to improve safety.

“To help us consider the issue I appointed an independent Review Group of experts who concluded that a fundamental shift is needed in how fireworks are accessed and used.

“A number of the group’s recommendations required legislation and we have moved quickly to lay regulations which will see progress for communities across Scotland in time for this year’s fireworks period. The remaining Review Group recommendations require primary legislation which is why we are publishing this consultation today.

“I am also seeking views on how we might reduce the misuse of pyrotechnic devices such as hand held flares and smoke devices which represent a significant safety risk to anyone who comes into contact with them.

“I am committed to making our communities safer and to taking strong action now to avoid harm, distress and injury and I would encourage everyone with an interest to have their say.”

Police Scotland Chief Superintendent Linda Jones of Partnership, Prevention and Community Wellbeing said: “The unauthorised use of pyrotechnics at events is a criminal offence, inherently dangerous, and a matter of significant concern to Police Scotland.

“Pyrotechnics can burn at up to 1200 Celsius and have the potential to cause fatal or life-changing injuries to users and by-standers.

“They can emit chemicals which can trigger respiratory problems and cause irritation to eyes. The discharge of pyrotechnics can also cause panic within crowded spaces.

“There is no safe way to operate pyrotechnics unless you are properly trained – leave it to the experts at organised events.”

Chair of the Scottish Police Federation David Hamilton said: “In Scotland alone, scores of police officers and members of the public have been injured by pyrotechnic devices.

“This legislation would empower police officers to deal with this danger and would lead to safer streets and safer events for all.”

Scottish Fire and Rescue Service Assistant Chief Officer Stuart Stevens said: “It is clear that the inappropriate use of fireworks can cause harm and serious injury and can distress people, pets and the wider community.

“In a minority of cases, fireworks are linked to anti-social behaviour which can put our crews and our partners at risk whilst drawing unnecessarily on our emergency service resources.

“We therefore welcome any measures to keep our communities safe, including this Bill, and we join with the Minister in encouraging everyone with an interest to have their say.”

NHS Greater Glasgow and Clyde Plastic Surgery Registrar Eleanor Robertson said: “We are delighted that recommendations from the Firework Review Group have been swiftly translated into impactful draft legislation.

“The proposed firework legislation in Scotland will introduce controls and safeguards at purchase and limit the time and location of their use.

“This will reduce the incidence of psychological distress and physical harm, whilst still permitting their use at celebratory events.”

Scottish SPCA head of education, policy and research Gilly Mendes Ferreira said: “We were proud to be part of the Fireworks Review Group and delighted that these recommendations are being taken forward.

“The introduction of ‘no fireworks zones’ will help stop animals suffering from stress caused by fireworks.”

Read the consultation:

 https://consult.gov.scot/justice/use-and-sale-of-fireworks-in-scotland

New Year’s Day working petition launched – after 14 year delay!

A consultation seeking the views of business, retailers and shop workers on New Year’s Day trading has been published by the Scottish Government. Union leaders have welcomed the announcement – but say it’s 14 years late!

The move follows an Usdaw petition to the Scottish Parliament, which was supported by the Public Petitions Committee who pressed Ministers to commit to a consultation.

Running for 10 weeks until 24 August, the consultation aims to determine whether the current law should change and restrict large retailers from trading on New Year’s Day as is the case on Christmas Day.

Affected stakeholders, including large retailers and their staff, are strongly encouraged to participate in the consultation which follows a parliamentary petition calling for trading on 1 January to be prohibited.

Public Finance Minister Tom Arthur said: “The last year has shown how much we all rely on retailers and their staff who have supported the country during the pandemic. As we look at recovery and building a sustainable economy we need to consider what will support businesses and their staff in the future.

“Following a petition to the Scottish Parliament’s Public Petitions Committee calling for trading to be banned on New Year’s Day, the Scottish Government has been engaging with business groups, trades unions and others to understand what impact this would have on business and staff.

“This consultation will help us to determine whether the current law should change and restrict large retailers from trading on New Year’s Day, as they currently do on Christmas Day. 

“The Scottish Government encourages everybody with an interest to complete this consultation to ensure their views are considered.

“As we recover from the COVID pandemic we are committed to building on the £3.6 billion in support we have delivered to businesses since March 2020 and ensure we seize Scotland’s economic potential, creating secure, sustainable and satisfying jobs.”

Tracy Gilbert, Usdaw Regional Secretary for Scotland, said: “Today’s launch of a consultation on large stores closing on New Year’s Day, after an unnecessary 14 year delay, is a step forward in our campaign to get a proper break for shopworkers over the festive period.

“As key workers delivering the essential service of keeping the nation fed, shopworkers deserve a decent break over the festive period. They have worked long hours in difficult circumstances throughout the pandemic, faced unprecedented levels of abuse and worried every working day about catching the virus and taking it home to their families.

“However this is not just a campaign for the pandemic, our members have for many years demanded a proper break after the extremely busy and stressful shopping period in the run-up to Christmas. 98% say that large stores should be closed and only 4% are happy to work on New Year’s Day or 2 January.

“Hogmanay and New Year is a special holiday, but this is not reflected in the experience of many retail workers, with three-quarters saying they spend too little time with friends and family.

“We will be encouraging our members to engage with the consultation, to ensure the voices of shopworkers are heard. If we can secure a positive outcome, Usdaw will be calling for the necessary legislative processes to be completed in time for 1 January 2022.”

New Year’s Day Trading for Large Retailers Consultation – Scottish Government – Citizen Space