A new parliamentary inquiry into the Scottish Government’s public service reform programme has been announced.
Holyrood’s Finance and Public Administration Committee wants to examine the detail of the reform programme, which is focused on digitalisation, innovation, estates, public body landscape and procurement.
As part of this work, the committee will examine how public bodies are working to achieve the government’s plans to make efficiencies, while ensuring effective delivery of public services, in 2023-24 and beyond.
It will also consider the government’s ambitions to:
keep the public service pay bill costs at 2022-23 levels and
return the public sector workforce “broadly to pre-Covid-19 levels”.
“Further information on the government’s plans for reform and workforce levels were expected in the Scottish Budget 2023-24 but did not materialise due to ongoing economic turbulence.
“Our committee therefore wants to look at how public bodies are working to put in place the government’s ambitions for reform.“We also want to establish from where in the public sector reductions in headcount to pre-pandemic levels will be made, and to what timescales.
“Clarity and transparency around these issues are crucial, during what is an uncertain time for the public sector.”
A call for views from public sector bodies, academics, think tanks and other interested parties has been launched today, with a closing date of 1 May 2023.
To inform this inquiry, the committee is seeking written views from Scottish public bodies on their plans for public service reform in their sectors, and others with a view on how the reform programme is working in practice and how it is delivering effective and efficient services.
The committee is particularly keen to hear from:
all types and sizes of public sector bodies from across the public sector
others affected by the Scottish Government’s public service reform programme, and
think-tanks, academics and commentators on progress with, and outcomes from, the reform programme.
Scottish Government urged to U-turn and support UK-wide legislation to end the exploitation of animals abroad
The Scottish Government is being urged to support legislation at Westminster which would help end the abuse of wild animals across the world exploited to entertain British holidaymakers.
The Animals (Low-Welfare Activities Abroad) Bill, which recently had an unopposed second reading in the Commons, would help end many endangered species including elephants, tigers, monkeys and dolphins being cruelly exploited as part of the tourism trade.
Elephant calves are deprived of food, water and sleep and then subjected to torture and beatings to force them to submit to giving rides to tourists and performing tricks. The Bill proposes a ban in the UK of the advertising and sale of practices abroad where animals are exploited, harmed and killed for financial gain.
The Bill requires legislative consent from the Scottish Parliament, but the Scottish Government is refusing to support the Bill on the grounds it has not been given enough time to consider the draft law.
Unless the Scottish Government changes its approach, and supports the legislation, then either it will proceed through the parliamentary process but exclude cruel holidays advertised and sold from Scotland, or the entire Bill risks being withdrawn.
Chief Executive of the charity, Save the Asian Elephants, Duncan McNairsaid: “Of course we understand there is political complexity between Scotland and Westminster but it would be a tragedy if Scotland jeopardised the entire future of the Bill by withholding support and also failed to legislate north of the border. At present no commitment has been made for either of these.
“There are well over 1,000 UK firms promoting these abhorrent activities abroad, including those based in Scotland, such as Scotland’s largest independent travel agency, Barrhead Travel. If the Scottish Government, despite its strong track record on animal welfare, doesn’t legislate alongside Westminster it risks becoming the UK’s capital for cruelty, as tourists will simply book from here instead.”
In 2016 a Scottish holiday maker was killed after being thrown from an elephant during a trek in Thailand. The elephant was reportedly stabbed by its handler after it failed to respond to commands before rearing up and throwing off and crushing 36-year-old Gareth Crowe.
Prior to that in 2000 Helen Costigan’s sister Andrea Taylor was killed in a violent attack by a traumatised elephant, also in Thailand. Helen has since spoken of the shocking scenes which led to her sister’s death, yet still today 120 UK companies advertise this cruel and dangerous tourist attraction.
Helen Costigansupports the new legislation and says: “New law is long overdue to regulate an often greedy and heartless tourism industry, placing profits far above any concerns for animal welfare or human safety.
“I plead with Scotland’s government to support these measures in memory of Gareth Crowe and my own dear sister Andrea, taken from us so horrifically aged just 20.”
Duncan McNairadded: “This Bill is a significant, long awaited and well-supported piece of legislation which is not only an important step towards protecting numerous animals from hideous cruelty, but can also prevent needless deaths such as Gareth’s and Andrea’s, both killed by animals driven to insanity by the cruelty they’d been subjected to.”
An Electoral Calculus poll carried out last year shows overwhelming support across every single UK Parliamentary constituency, including throughout Scotland, for such a new law. Of those polled, 85% support a new law to ban advertising venues abroad where this type of cruelty occurs. Only 2% are opposed.
The Bill will go to Committee stage in the House of Commons on 8th March.
UK Government plans to impose minimum service levels on public services during strike action are likely to be incompatible with human rights law in their current form, the Joint Committee on Human Rights has found.
In a report published following legislative scrutiny of the Strikes (Minimum Service Level) Bill, the Committee finds that reforms that would make it easier to sack striking workers and leave unions at risk of million-pound fines do not appear to be justified and need to be reconsidered. The Committee finds that it would be possible to introduce minimum service levels in some sectors in a way that is more likely to be compliant with human rights law.
While the European Convention on Human Rights does not include a ‘right to strike’, Article 11 which guarantees freedom of association has been interpreted to cover the taking of strike action. This requires that any restrictions on strike action must be “in accordance with the law”, which requires its consequences to be foreseeable to those affected. Changes to the law must also meet a “pressing social need” and be proportionate to the aim being pursued.
The Joint Committee finds that the Government’s Bill risks failing to meet these benchmarks in its current form. Ahead of the Committee Stage in the House of Lords on 9 March, it has called on the Government to reconsider the legislation and ensure it meets the UK’s human rights obligations. The draft report includes five proposed amendments to the Bill intended to rectify key concerns.
The Government brought forward the Strikes Bill in response to growing industrial unrest and strikes in a number of sectors, including transport, health and education. It has argued that legislation is needed to provide greater protection to the lives and livelihoods of those that may be disrupted by industrial action in key public services.
The Bill would allow ministers to set minimum service levels on public and private services subject to strike action. The employer would then be given the power to issue a ’work notice’ to a trade union, identifying who will be required to work and the work needed to meet the minimum service level.
Individual employees who failed to comply with a work notice would lose legal protections against dismissal. Trade unions who failed to take steps to ensure notices were complied with could be required to pay damages of up to £1 million.
The Joint Committee warns that the Government has not made a compelling case that such measures are necessary and finds that the Bill as drafted contains inadequate protection against arbitrary use and is unclear.
Under the European Convention on Human Rights, restrictions on strikes must meet a ‘pressing social need’. However, the Government has not proven that existing strike laws and voluntary minimum service levels are insufficient across all the sectors identified in the Bill.
Claims that strike action in the sectors named in the Bill has caused significant and disproportionate damage to the public and wider economy have not been backed up with sufficient evidence, with the Government providing supporting data for the costs of previous transport strikes only.
Measures that interfere with the right to free association must be proportionate. This is more likely to be achieved if minimum service levels are established though negotiation and disputes resolved through independent arbitration. The Government has previously accepted that such an approach would work, in the Transport Strikes Bill introduced in October. The Bill, which would abandon this in favour of the Secretary of State imposing minimum service levels by regulations, risks failing to meet the requirement of proportionality.
Penalties for employees and unions who don’t meet the Bill’s requirements are high and potentially disproportionate, the Joint Committee finds. It calls on the Government to reconsider whether less severe measures would be more appropriate, particularly where a strike does not involve essential services. Existing penalties, such as loss of pay or suspension would be more appropriate in such cases.
The Bill has insufficient clarity in several key areas, the Joint Committee finds. Trade unions would be required to take ‘reasonable steps’ to ensure their members comply with a work notice, however the Bill does not provide sufficient detail to ensure they will know when this duty has or has not been met.
The definitions of the services in respect of which minimum service levels could be imposed are currently too vague, meaning that ‘education services’ could include private tutors and ‘transport services’ private taxi drivers.
Chair of the Joint Committee on Human Rights, Joanna Cherry KC MP said: “The Strikes Bill will be debated in the House of Lords this Thursday and needs amending to resolve some of the deep flaws it has.
“If this proposed legislation becomes law in its current form, ministers would have the power to set minimum service levels that would leave striking workers at risk of the sack if they are not met, and unions liable to million-pound fines. Yet, the Government has not proven that such draconian measures are needed or that the current framework is inadequate.
“Heavy-handed sanctions are compounded by vague rules that would leave striking workers and unions in confusion as to whether they had been met or not. The sectors included in the Bill are also ill-defined, risking over-reach into areas only tangentially linked to the maintenance of vital public services. This means the Bill, in our view, is likely to be incompatible with human rights law which provides a right to association and with it, protection for strike action.
“The Government needs to think again and come back with legislation that better respects the protections guaranteed by the European Convention on Human Rights.”
A new report published by Holyrood’s Cross Party Group on Poverty says that bias against people in poverty affects their mental health and wellbeing, makes it harder to access the support they are entitled to, lessens their educational chances and makes policies designed to tackle poverty less effective.
Group convener Pam Duncan-Glancy MSP said: “Scotland is a place that believes in compassion and justice, but people in poverty and on low incomes are having to face almost daily prejudice. That’s just not right, and it must stop.
“Poverty is caused by an unjust economy, and a social security system that doesn’t meet people’s needs. Our inquiry has found that the way people talk about poverty matters, and can have a clear impact on people on low incomes. That’s especially true when the people talking are politicians, in the media, or those delivering the public services that we all rely on.
“It’s time for everyone in Scotland to turn our back on these unjust attitudes and behaviours, and to call it out when they come across it. We’ll be a better, fairer, more just society as a result.”
Since January last year, the Group has been carrying out an inquiry into the stigma associated with poverty in Scotland today, hearing evidence from people with lived experience of living in poverty and on low incomes.
One disabled participant speaking to the Glasgow Disability Alliance said: “It can be difficult if you have a hidden impairment – people think there is nothing wrong with you or you are ‘at it’. My adviser at the Department for Work & Pensions actually said ‘This is not a disability’.”
One 15-year-old school pupil told the Child Poverty Action Group: “Well, I think if all of your friends or people you know go to the after-school clubs, school trips, that kind of isolates you from them. You’re singled out, you’re not with them, just a spare person.”
Another 12-year-old pupil said: “They talk behind your back [about what you wear] and stand staring at you.”
The Group heard evidence about the difficulties faced by parents on low incomes. The Child Poverty Action Group spoke to parents and caregivers heard about the ‘guilt, embarrassment and shame’ they are often made to feel about their financial situation.
Poverty Alliance director Peter Kelly said: “We all have a right to social support, and no-one should be made to feel ashamed for using it. We are recommending that more investment is made into making sure every household is able to get all the help they’re entitled to.”
The inquiry report highlights how involving people with experience of poverty can make public services better. The new Social Security Scotland agency was praised for its work to make sure staff know how important it is to treat people with dignity and respect.
The Group is calling for people who work with the public in Scotland to be trained about the reality of poverty, and for a strong stand against language and behaviour that stigmatises people on low incomes.
And the report also recommends making education about poverty part of Scotland’s national curriculum for schools, helping to project young people from its effects and giving them the tools and confidence to call it out and stand up against it.
Pam Duncan-Glancy said: “The submissions to this inquiry have highlighted that poverty-related stigma is extensive and deep-rooted in Scotland.
“It is impacting people’s mental health and wellbeing, erecting barriers to accessing support, restricting educational attainment, and influencing the design and resourcing of policies that can tackle poverty.
John Swinney thanked for “support, wisdom and friendship”
Deputy First Minister John Swinney has announced he is leaving the Scottish Government after nearly 16 years.
He will stand down as Deputy First Minister once a new First Minister is appointed later this month and return to the backbenches. He is the longest serving Deputy First Minister on record, having held the post for almost nine years, and also served as Education Secretary and two tenures as Finance Secretary, latterly in an interim role.
In a letter to First Minister Nicola Sturgeon, Mr Swinney says it has been an “honour to serve Scotland” and that he has always sought “to transform the life chances of everyone.”
In her reply, the First Minister pays tribute to Mr Swinney’s “deep care and attention to the wellbeing of our nation” and says she could not have wished for a better “partner in government”.
Mr Swinney’s letter to the First Minister
It has been the privilege of my life to serve in the Scottish Government since 2007 as a Cabinet Secretary with responsibility first for Finance and the Economy, then Education and Skills and finally Covid Recovery. It has been my honour to serve Scotland as your Deputy First Minister since 2014.
These have been demanding commitments to fulfil over nearly 16 years and I have decided that, when the First Minister is appointed later in March, I will stand down from government.
When I joined the Scottish National Party at the age of 15 in 1979, our political prospects were poor and I could scarcely have imagined that over so many years I would have the opportunity to serve Scotland in government in the way I have.
In all that I have undertaken in government, I have tried to listen carefully to different views and be open to the ideas and thoughts of people in Scotland. I have sought always to transform the life chances of everyone who lives here. I have acted to make Scotland a fairer, more prosperous and more confident country that I believe would be assured with Independence.
In all of that work, I have deeply valued the advice and professionalism offered to me by so many outstanding civil servants with whom I have had the privilege to work. They are a credit to their service. I have been touched constantly by the kindness of people in Scotland and their understanding of the many challenges with which we have to wrestle in Government. I am grateful to my ministerial and parliamentary colleagues for their collaboration and support. And I am indebted to you for your leadership, constancy, friendship and loyalty.
I will continue to faithfully represent my constituents in Perthshire North and look forward to sitting with you on the back benches of the Scottish Parliament to continue our contribution to Scotland’s cause.
Thank you for the opportunity you have given me to serve my country.
The First Minister’s reply
Thank you for your letter.
Your contribution to our nation, almost 16 years in government is considerable, indeed unique. Therefore, while I – perhaps more than most – completely understand your decision, I still felt a real sense of sadness when you told me of it.
As Finance and Economy Secretary in our newly formed Scottish Government in 2007, you steered us successfully through budget after budget, laying the foundations for a long list of policy successes.
You were also the architect of a new partnership with local government, and helped negotiate a a new financial settlement with the UK Government, the Fiscal Framework, rebuffing in the process attempts to strip Scotland of funding.
As Education Secretary, you piloted reforms that are now delivering progress in our mission to close the attainment gap. You presided over an increase in teacher numbers and opened university education to record numbers of young people from the poorest backgrounds.
Perhaps most significantly for the long-term, you delivered the biggest expansion in early learning and childcare in our country’s history – a transformation that will change the lives of future generations of children for the better. I know you are as proud of this policy as I am – and rightly so.
Your role in Scotland’s recovery from Covid also merits special mention. From the darkest days of the first lockdown, you led our work on the ‘four-harms’ approach that guided exit from public health restrictions. From a more personal perspective, your friendship and wise counsel during the pandemic, which was by far the most challenging period of my tenure as First Minister, was invaluable and helped me through some really tough days.
You returned for a second, interim tenure as Finance Secretary just as UK Government mismanagement was causing calamity in the nation’s finances and economy. However, in the face of spiraling inflation, you focussed firmly on protecting the most vulnerable, tackling child poverty, addressing climate change and building sustainable public services.
Bringing to bear all your experience of government – and the deep care and attention to the wellbeing of our nation that I know you feel – you helped protect thousands from the full impact of the cost of living crisis. Securing funding for the expansion of the game-changing Scottish Child Payment was the most important of many initiatives.
There is so much more that I could highlight. Over almost 16 years in government, more than eight years as Deputy First Minister – indeed, the longest serving Deputy First Minister so far – you have made countless contributions to the good of our people and our country.
In short, I could not have wished for a better partner in government than you, and there is no doubt that our Scottish Government would have achieved much less had you not been in it.
Please accept my thanks for your support, wisdom and, above all, friendship as together with Ministers past and present, we sought to make Scotland a better place. As I said when I announced my own departure from office, serving as First Minister has been the privilege of my life – having done so with you by my side as Deputy First Minister has been an honour.
As for the future, I know you will continue to serve Scotland well and that you will be, as you always have been, a source of good advice and wise counsel to our party, government and movement. I look forward to this new phase – for both of us – as we move to the backbenches and make way for the new generation who will now lead Scotland forward.
EDINBURGH councillors have passed a budget focused on ‘getting the basics right’ and making Edinburgh a ‘cleaner and greener city’. However that budget was not the one put forward by by the ruling Labour administration – council rejected that, and instead eventually backed a Liberal Democrat budget.
This means a Labour-led council will now be promoting and implementing a budget put forward by the Liberal Democrats, the council’s third biggest party.
Trade unions are concerned about elements within the budget passed by the council – particularly over compulsory redundancies and outsourcing- and some senior Labour figures believe Council Leader Cammy Day’s position is now untenable.
There are calls for him to resign: both from the SNP – the biggest group on the council – and, perhaps of more concern, from within the city’s own Labour group.
The humiliating budget defeat shows the fragility of Labour’s leadership position within the council.
With thirteen councillors Labour needs the support of other parties to run the city.
Labour chose to break their ‘Capital Coalition’ agreement with the SNP and instead joined forces with the Conservatives and Liberal Democrats following last May’s local government elections, despite assurances from Scottish Labour leader Anas Sarwar that there would be ‘no deals’.
With 18 councilllors the SNP is the biggest group on the city council by some way. Labour (13) is second followed by the Lib Dems (12), Greens (10) and Tories (9).
Lib Dems, doubtless boosted by their Budget coup, are bullish about their chances of increasing their representation in the City Chambers following a by-election in Corstorphine/Murrayfield on 9 March.
SNP Group leader (and leader of the former ruling ‘Capital Coalition’) said: “What Labour actually voted for: -£600k saving by ending no compulsory redundancy policy NOW. -£500k saving THIS YEAR by privatising waste & cleansing services.
“You can’t trust a word from Labour on this.”
He also tweeted: “Labour “administration” budget defeated – Labour instead backed the LibDem budget in full. If my budget had been voted down as Council Leader I’d have had the integrity to resign.”
While rejecting a series of savings proposals in education and speech and language therapy, councillors agreed to allocate substantial additional money to improve roads, paths and pavements and carry out additional resurfacing works for the long term.
Additional funding will also be made available for the city’s parks and greenspaces, tackling fly tipping, graffiti removal and street sweeping, and additional resource for flood defences and gully cleaning in light of the increasing impacts of climate change.
The Climate and Sustainability Team will also be bolstered, enabling a greater focus on the city’s ambition of becoming net zero by 2030 and the King’s Theatre will also benefit from funding to secure its future, with £3m set aside – a move supported across the council.
Liberal Democrat Group Leader Cllr Kevin Lang said: “I’m delighted that our budget got support from councillors – and that, in the midst of the cost of living crisis, we’ve been able to limit the rise in council tax to 5% for Edinburgh’s residents.
“This is a Council budget that delivers. A budget that stops £5 million of education cuts, injects £11 million extra to tackle our broken roads and pavements, more investment for parks and new money for climate change action.
“Despite continued funding cuts from the Scottish Government, residents still rightly expect high quality local services in return for the increasing amounts of council tax they pay each year, which requires a budget which focuses on essential core services, delivered well.”
Council Leader Cammy Day said: “Despite the unique demands of a Capital city, Edinburgh continues to receive the worst grant funding of any local authority in Scotland. Years of local government cuts have now come to a head, forcing us to find close to £80m of savings this year – on top of the hundreds of millions we’ve made already.
“It’s a position none of us wanted to be in and our residents deserve better. Despite this, we presented a positive, fair and responsible set of proposals, aimed at protecting vital frontline services on which our communities and residents rightly depend.
“So, I was deeply disappointed we didn’t secure the backing from other groups, particularly in the manner in which it came about. But, for all that, I remain absolutely committed to leading this council and to working with all other groups to deliver the best for the people of Edinburgh.”
Following reports on the projected cost of Edinburgh’s New Eye Pavilion, rising by more than £10m, Sarah Boyack, Scottish Labour MSP for Lothian, asked the First Minister “to reassure patients across the Lothians and South-East Scotland that Edinburgh’s Eye Pavilion will be priority for the Scottish Government.”
Sarah Boyack called on the Scottish Government to commit that Edinburgh’s Eye Pavilion will be delivered by 2027.
Nicola Sturgeon restated her government’s support for this project, she did not, however, confirm that the new Eye Pavilion will indeed be delivered by 2027, raising questions about the expected operational date.
Commenting Sarah Boyack MSP said: “ We’ve seen the impact of inflation and rising costs – it’s catastrophic for people, businesses and development projects.
“Although I welcome Nicola Sturgeon’s commitment to Edinburgh’s new Eye Pavilion, I find worrying that she was unable to confirm that the new eye hospital will indeed be delivered and ready for patients to use by 2027.
“We cannot afford to delay the construction of the new Eye Pavilion – delaying it is bad for people, staff and our NHS.
“We have yet to hear the answer to a simple question: will the Eye Pavilion will be open to the public by 2027?
“The FM and her Government must provide that commitment now.”
DEPOSIT RETURN SCHEME: INDUSTRY AND UK GOVERNMENT MUST SUPPORT SCOTLAND’S ENVIRONMENTAL PROGRESS
Environmental campaigners have said that Scotland’s deposit return scheme should be delivered without any more unnecessary delay.
After 5 years of planning, Scotland’s deposit return scheme is due to launch on 16 August 2023. With the UK Government recently announcing its plans for DRS in England and Wales and calls for more clarity from the industry led scheme administrator, Circularity Scotland, there have been calls to delay Scottish plans.
The deposit return scheme will work by people paying a 20p deposit when they buy a drink in a single-use container made of plastic, metal or glass. When the containers are returned, this provides a guaranteed source of high-quality materials for recycling.
The scheme also makes sure producers take full financial and environmental responsibility for the proper collection of their packaging. The Scottish Government has engaged with businesses of all sizes and addressed many of their concerns throughout the development of the scheme.
Kim Pratt, circular economy campaigner at Friends of the Earth Scotland said: “Scotland’s Deposit Return Scheme must start on time in August 2023.
“Businesses in Scotland have had five years to prepare for DRS and many of them will already be familiar with how these schemes operate in other countries. It’s time for Circularity Scotland, the industry-led scheme administrator, to deliver the planned DRS to the people of Scotland without delay.
“While it is encouraging that the UK Government has committed to its own scheme, it should not be seeking to slow down environmental progress in the devolved nations. Politicians should be seizing this opportunity to take urgent action to combat waste and move to a more circular economy.
“Suggestions that DRS will cost consumers are irresponsible – like existing deposit return schemes in other countries, it will be simple for customers to claim their 20p deposit back from any shop participating in the scheme.”
Dr Kat Jones, Director of APRS, which has been running the Have You Got The Bottle? campaign since 2014, said: “We have seen the support among the Scottish public for deposit return since the outset of the campaign.
“This scheme works well in other countries where it has reduced the litter we see in our towns and countryside, cut carbon emissions, and resulted in savings for local authorities. However, the scheme has been delayed twice in response to industry foot dragging.
“We are all trying to do our bit to reduce waste, but the onus should be on the large companies creating the issue. Deposit return schemes work to shift responsibility for waste back to the companies creating it and away from the environment and society. We need industry to work with the Scottish Government in order to create a scheme that works for businesses, communities, and the environment.”
Catherine Gemmell, Scotland Conservation Officer for the Marine Conservation Society said: “Scotland’s seas cannot, and should not, be paying the price for our waste.
“Marine Conservation Society volunteers have been picking up cans and bottles for decades on beaches, but we need to put a stop to them getting there in the first place. During last year’s Great British Beach Clean, 93% of Scottish beaches surveyed found drinks-related litter.
“We know Deposit Return Schemes have huge potential to turn the tide on this kind of pollution. Circularity Scotland need to implement the Scheme in August, for the benefit of both people and planet.”
First Minister Nicola Sturgeon has announced her intention to resign as First Minister
The First Minister told a press conference this morning: “Being First Minister of Scotland is, in my opinion, the best job in the world. It is a privilege beyond measure – one that has sustained and inspired me, in good times and through the toughest hours of my toughest days.
“Since my first moments in the job, I have believed that part of serving well would be to know – almost instinctively – when the time is right to make way for someone else. And when that time comes, to have the courage to do so. In my head and my heart I know that time is now.
“Today, I am announcing my intention to step down as First Minister and leader of my party. I will remain in office until my successor is in place.
“I have been First Minister for over eight years, and I was Deputy First Minister for the best part of eight years before that. These jobs are a privilege but they are also – rightly – hard. And, it is only possible to give absolutely everything to a job of this nature for so long.
“Given the nature and scale of the challenges the country faces, I feel that duty, first and foremost, to our country – to ensure that it does have the energy of leadership it needs, not just today, but through the years that remain of this parliamentary term.
“We are at a critical moment. The blocking of a referendum as the accepted, constitutional route to independence is a democratic outrage. But it puts the onus on us to decide how Scottish democracy will be protected and to ensure that the will of the Scottish people prevails.
“I am firmly of the view that there is now majority support for independence. But that support needs to be solidified – and it needs to grow further if our independent Scotland is to have the best possible foundation.
“To achieve that we need to reach across the divide in Scottish politics, and my judgement now is that this needs a new leader.
“It has always been my belief that no one individual should be dominant in any system for too long. But, as a leader, while it’s easy to hold that view in the abstract, it is harder to live by it.
“I consider this decision to be the right one for me, my party and the country. I hope it can also be the right one for our politics. If all parties were to take this opportunity to try to de-polarise public debate just a bit, to focus more on issues, and to reset the tone and tenor of our discourse.
“There will also be time in the days to come for me to say thank you properly to a very long list of people without whom I wouldn’t have lasted a single day in this job, let alone eight years. For now let me say thank you for all you have done for me, the government and the country.”
An urgent case review into the management of a transgender person in custody has found that at no point were any women in the care of the prison service at risk of harm.
The Scottish Prison Service (SPS) review also confirmed the person did not come into contact with any other prisoners during their time at HMP&YOI Cornton Vale and that SPS policy was followed during each decision making process and risk assessment.
The review makes four key recommendations into the management of transgender individuals:
the creation of a shared justice process for admitting transgender people to prisons in Scotland – to help improve decision making at admission and subsequent case conferences
better communication between justice partners to ensure a clearer approach to the transfer of transgender people from court to custody
for the wider SPS Gender Identity and Gender Reassignment (GIGR) Policy Review to consider improvements to ‘admission’ and ‘placement and management’ and for SPS to consider the weight of a person’s previous offending history to be considered as part of the case conference process
to strengthen the balance around the risk of harm with an individualised approach as part of the admissions process to prison, allowing for someone to be located in secure isolation for the sole purpose of a risk assessment based on known and unknown risks
In addition to the recommendations, SPS is also undertaking a full multi-disciplinary case review for each transgender person in custody. The Service is also continuing to progress, in dialogue with the Scottish Government and other stakeholders, a review of the management of trans prisoners as part of its GIGR Policy Review.
Until these reviews are complete any transgender person in custody who has a history of violence against women – including sexual offences will not be relocated from the male to female estate. Additionally, any newly convicted or remanded transgender prisoner will initially be placed in an establishment commensurate with their birth gender.
Justice Secretary Keith Brown welcomed the findings in a letter to the Scottish Parliament’s Criminal Justice Committee.
The Justice Secretary said: “Firstly, I want to acknowledge my concern for victims of crime and the distress caused to them. It is important that consideration of issues relating to the management of prisoners is measured and does not retraumatise victims or risk unintended consequences for transgender people or individuals in the care of SPS.
“All recommendations from the review have been accepted by Ms Medhurst as Chief Executive and will be progressed by SPS in collaboration with others as needed. As confirmed in the letter, SPS will factor the learning identified from this review into its Gender Identity and Gender Reassignment (GIGR) Policy Review, which is ongoing.
“Pending the outcome of the GIGR Policy Review, measures to provide reassurance as set out in Ms Medhurst’s letter will remain in place.
“I would like to acknowledge the work SPS has done in continuing to fulfil its operational responsibilities while completing the lessons learned review. SPS has considerable expertise in managing complex, high-profile and challenging individuals within their care and keeping people safe; and I commend their professionalism.”
In her letter, the SPS Chief Executive Teresa Medhurst reiterated that the SPS remained firmly committed to providing person-centred care to their entire population, including managing and identifying risks, which are not exclusive to transgender people in their care.
She added: “Staff in our establishments have demonstrated their long-standing expertise and strong track record in the management and care of an increasingly complex prison population.
“My priority remains the health, safety, and wellbeing of all people in our care, many of whom are the most marginalised in our society, and that of staff.”
