Join the fight for the rights of people with Learning Disabilities

EDINBURGH residents have been invited to attend a campaign meeting hosted by ENABLE Scotland at 95 Causewayside, Newington on 9 November 2022 from 7pm to 9pm designed to inform the charity’s calls to the Scottish Government.

The event is designed to collate feedback and evidence from the community that will then go on to inform the charities proposals for the Bill based on real, lived experiences of the learning disability community.

Following a campaign from ENABLE Scotland members, the Scottish Government has announced that it will bring forward a new Learning Disability, Autism and Neurodiversity Bill (LDAN).  This is believed to be the first Bill of its kind, worldwide.

Local people in Edinburgh can attend the event to find out more information about the proposed LDAN Bill and feedback their thoughts, asks and concerns about the protection of human rights and their first-hand experiences of the failings and challenges relating to the current system and the associated laws.

ENABLE Scotland will take the feedback from the event to inform its campaigning around the Bill proposals ensuring that people living with learning disabilities, and their families, are at the heart of the new legislation.  

Jan Savage, Director of ENABLE Scotland said: “For too long, people who have a learning disability have been Scotland’s invisible people.  Subject to poor attitudes and persistently poor public services where they have to fight for their rights. 

“This is a once in a lifetime opportunity to bring forward legislation which secures people’s rights in law. It is so important that every voice of every person who has a learning disability is informing this process which is why we are inviting people with lived experience – as well as supporters from the local community in Edinburgh – to come along, hear about the plans for the Bill and have their say in what ENABLE Scotland will be asking of the Scottish Government.

“The work will not stop there.   We are committed to the community that support us in our campaign for the LDAN Bill and as such we will ensure regular updates, information on campaigning and actionable communications to MSP will be shared with our supporters as the Bill progresses through Scottish Parliament over the next two years.

“The Scottish Government have agreed that change is needed.  We will not get this chance again.  If you care about the human rights of people who have a learning disability and want to be part of a movement for change with other like-minded people – we want to meet you on 9 November 2022!”

The charity says that now is the time for change, citing evidence that – amongst other shocking stats – less than 7% of people who have a learning disability have a job, adults who have a learning disability in Scotland die 20 years younger than other adults and children with a learning disability are 12 times more likely to die from preventable illness than other children.

The LDAN Bill provides an opportunity to ensure that the rights of people with a learning disability are protected in law.  The Scottish Government has also said that it will create a new Commissioner to make sure that these rights are upheld.

The LDAN Bill is being proposed as a replacement for the current Mental Health (Care and Treatment) (Scotland) Act 2003, that ENABLE Scotland believes does not go far enough in protecting the human rights of those in the learning-disabled community and a new Bill and set of laws is pertinent to the safeguarding of individuals in Scotland.

ENABLE has also launched a national survey for people to submit their views if they are unable to make it along to one of the local campaign meetings, please complete here.

Emergency Budget Review published

Additional funding to help those most in need

Measures announced today will provide further help to those most impacted by the cost of living crisis while tackling budget pressures caused by rising inflation and economic uncertainty.

The Emergency Budget Review (EBR) for 2022-23 identifies funding of around £35 million for a range of initiatives to support people with the increased cost of living, including doubling the Fuel Insecurity Fund, doubling the Scottish Child Bridging Payment to £260 and a new £1.4 million Island Cost Crisis Emergency Fund to help island households manage higher energy costs.

Significant investment in public sector pay deals – delivering higher increases in pay for low earners – is also designed to help families and individuals deal with the cost of living crisis.

Other measures include:

  • confirming funds to local authorities to support Discretionary Housing Payments
  • establishing a Joint Taskforce with business, COSLA, local authorities and agencies to consider the differing impacts of regulation on business
  • extending energy advice to businesses by investing £300,000 to expand the services of Business Energy Scotland, while doubling the value of the SME energy efficiency Loan and Cash Back Scheme for energy efficiency to £20,000
  • new payment break options to help protect those who have agreed to repay debt through the Debt Arrangement Scheme but face unexpected increases in the cost of living

Additional savings of £615 million have been identified to enable enhanced public sector pay offers to be made while maintaining a route to complying with Ministers’ responsibility to balance the budget. They follow savings of £560 million announced on 7 September.

Deputy First Minister John Swinney said: “There has never been a time of greater pressure on the public finances.

“The Scottish Government’s budget today is worth £1.7 billion less than when it was published last December. At the same time, demand for government support and intervention is understandably increasing while we continue to try to fund increased public sector pay claims, particularly for those on lowest incomes.

“These savings are not ones we would wish to make, but in the absence of additional funding from the UK Government, we are left with no alternative. 

“We must balance the books while prioritising funding to help families, back business, provide fair pay awards and to protect the delivery of public services. This Emergency Budget Review delivers on these objectives.”

Responding to the Ministerial Statement: Emergency Budget Review, STUC General Secretary Roz Foyer said: “No-one should underestimate the very serious economic situation in which the Scottish Government finds itself.

“By far the greatest blame lies at the door of the calamitous Tory Government at Westminster. The STUC supports the Scottish Government’s call for the UK Chancellor to get real about the need to increase, not attack, public sector funding, for the full protection of benefits and the mitigation of fuel poverty through windfall taxes.

“However, the Scottish Government’s previous failures are coming back to bite us now. Earlier this year it could have increased taxes on the better off and reformed the flawed Small Business Bonus Scheme, but it chose not to.

“Our members have no choice but to continue to take action to protect workers from the worst of the cost-of-living crisis.

“The Scottish Government’s next budget is critical. Our People’s Plan for Action, supported by the Poverty Alliance and civil society groups across Scotland, will continue to build pressure on the Government to use its tax powers in 2023 to support decent pay, reduce economic inequality and protect our vital public services.”

The Deputy First Minister’s Emergency Budget Review statement

Young people to have their say at COP27

Youth Negotiator Programme will help give global youth a voice at climate talks

Young people from some of the countries already facing the worst impacts of climate change are being given the opportunity to attend COP27 in Egypt as part of the Scottish Government’s work to widen access to climate negotiations.

The Climate Youth Negotiator Programme will support 35 young people from countries including the Solomon Islands, Liberia and Bhutan to attend the UN climate negotiations, which take place from 6-18 November. The initiative is being delivered in partnership with the Future Leaders Network, with financial backing from the Scottish Government.

The programme will fund their participation and training with the aim of giving young people a voice in the talks and developing their negotiations and leadership skills.

The Scottish Government is also providing funding to help women from the Global South participate. The Women’s Delegate Fund, delivered in partnership with the Women’s Environment Development Organisation, will support four women from Bhutan, Cambodia, Lao Peoples Democratic Republic and Timor-Leste to take part in discussions at COP27.

The Scottish Government will be hosting an event at COP27 with attendees from the Climate Youth Negotiator Programme and Women’s Delegate Fund.

Environment Minister Mairi McAllan said: “At COP26 in Glasgow, one of our biggest achievements was raising awareness that the people least responsible for global warming are often the ones suffering its worst consequences.

“Young people in the global south are all too aware of this injustice – they have not caused this crisis, but their lives are already being impacted by its consequences. That is why it is so important that their voices are heard at COP27 and I am proud that Scotland is able to help make that happen.”

Sophie Daud, Chief Executive Officer of the Future Leaders Network and Co-founder of the Youth Negotiators Academy, added: “For too long, young people have been systematically underrepresented in climate change negotiations.

“Recent developments have seen young people as powerful motivational speakers, but are often tokenistic and continue to exclude youth from decision making. The Scottish Government’s transformative support will help to change this – by enabling 35 young negotiators from the global south to take their rightful seats at the decision making tables at COP27.

“We are delighted to partner with them, and look forward to seeing the positive impacts of meaningful youth participation this COP.”

Scottish Social Attitudes Survey shows ‘Faith in the Scottish Government to deliver on behalf of the people’

Figures show continued trust in the Scottish Government

Three-quarters (75%) of people in Scotland believe the Scottish Government should have the most influence over the way the country is run, compared to just 14% who believe the UK Government should.

This year’s Scottish Social Attitudes Survey also shows 66% of people trust the Scottish Government to work in the country’s best interests.

The survey measured the public’s views on a range of issues including influence over how Scotland is run, levels of tax and government priorities, the economy, NHS and political engagement.

Its findings reflect emerging public concern in the cost of living crisis, with 66% of respondents believing the economy had got weaker in the previous 12 months.

The survey has previously been conducted face to face but as a result of coronavirus restrictions in place at the time of fieldwork, this year’s survey was completed via telephone.

This change in methodology has impacted the nature of the sample and responses received, and as a result has affected comparability with survey data from previous years. This year’s report solely focusses on data from this year’s survey rather than examining trends over time.

The findings also show:

  • 64% of people thought the level of taxation and spending on health, education and social benefits should be increased, whilst 32% thought the level of taxation and spending should stay the same
  • 68% agreed that income should be redistributed from the better-off to those who are less well-off, while 16% disagreed
  • over half of people (54%) in Scotland were satisfied with the way NHS Scotland is run
  • 98% of people thought it was important to vote in Scottish Parliament elections, 95% in local council elections and 92% in UK Government elections
  • 64% of people thought the Scottish Parliament was giving Scotland a stronger voice in the UK and only 7% thought it was giving Scotland a weaker voice

Constitution Secretary Angus Robertson said: “The findings in this survey demonstrate continued faith in the Scottish Government to deliver on behalf of the people of Scotland. They clearly show that despite these uncertain times, people agree with the Scottish Government’s priorities to build a fairer, greener, wealthier Scotland.

“Despite these figures being from earlier in the year it is clear the cost of living crisis was starting to impact family finances and alarm bells were ringing about the economy.

“The Scottish Government is working tirelessly to provide support to those who need it most. We are increasing the Scottish Child Payment to £25 per week and extending it to eligible children under 16 in the coming weeks, helping thousands of additional families this winter.

“We are also continuing to urge the UK Government to take all of the necessary steps to support the most vulnerable through this profoundly difficult time.

“Given the clear democratic mandate we have, not to mention the continued trust the public has in the Scottish Government to act in their interest, we will work to ensure people have a choice on independence, ensuring that choice is an informed one.”

Scottish Social Attitudes 2021/2022

A transparent approach to benefit take-up progress in Scotland

New annual publication provides estimates of benefit take-up rates

A new annual publication with estimated take-up rates of Scottish social security benefits has been published for the first time.

The report will help track progress against the Scottish Government’s Benefit Take-up Strategy which is a requirement of the 2018 Social Security (Scotland) Act.

The Scottish Government is committed to delivering a transparent social security system and reporting annually on progress will support that aim. This first publication covers estimates from introduction of the benefits up to the end of March in the 2021-2022 financial year and will sit alongside existing performance reporting on Social Security Scotland.

Minister for Social Security Ben Macpherson said: “We are committed to making sure everyone gets the financial support they are entitled to and our benefit take-up strategy outlines how we are doing this.

“We actively work to encourage take-up of Scottish social security benefits by promoting our 12 benefits, collaborating with various organisations and removing barriers to access.

“This new publication of estimated take-up rates provides us with valuable insights, and will help us to identify where we can do more. Our commitment to continuous improvement ensures we are making progress in breaking down the barriers to access, and in reducing stigma that may have previously led to people not accessing the benefits they are entitled to.

“For example, we have been working with supermarket retailers to promote Best Start Foods, we have shared over 42,000 leaflets about our five family payments and Child Disability Payment in NHS Scotland’s baby boxes, and we have included information on Scottish social security benefits in welcome packs supporting refugees.

“Our efforts to maximise incomes and support benefit take-up are even more important during the current cost of living crisis. Our new cost of living website is a trusted ‘one stop shop’ for advice and information about financial support available in Scotland, including all our Scottish benefits.

“I would encourage everyone to use and share this website, to make sure people are accessing the financial support they are entitled to.” 

Protecting Scotland’s drinking water

New rules to align with European Union standards

Powers passed by MSPs to help deal with the impact of Brexit are being used for the first time to ensure Scotland’s high quality drinking water aligns with standards set by the European Union.

The new regulations will be laid in the Scottish Parliament on Monday 31 October and should come into force from 1 January 2023 to tie in with the new monitoring year.

The EU Continuity Act 2020 ensures that Scotland can maintain and advance the high standards shared between devolved Scots and EU law, irrespective of the consequences of the UK’s exit from the European Union.

New regulations being laid under the Act this week will adhere to updated standards set by the World Health Organisation that limit emerging pollutants and endocrine disrupting compounds.

Such pollutants include PFAs which are better known as ‘forever chemicals’ and are commonly used in non-stick and water repellent products and do not degrade when they reach the environment. 

Constitution Secretary Angus Robertson said: “Scotland’s drinking water is renowned for its excellent quality all over the world and we will be relentless in ensuring it stays this way and meets the highest of standards.

“These latest steps we are taking, to maintain those standards, are a prime example of our commitment to re-join the EU and align with its policies. Through such action, we will continue to protect the health and wellbeing of people in Scotland and also ease the future process of Scotland’s return to the EU. 

“This is in stark contrast to the approach being taken by the UK Government, intent on undermining retained EU law which will be hugely damaging to people and businesses in Scotland.  

“We’re determined to continue to be an active and constructive participant on EU matters, which will ease the process of Scotland’s future return to the EU.” 

Storm Arwen: Learning the Lessons

New processes in place one year on

Organisations across Scotland have put in place a series of measures to protect communities from the effects of severe weather ahead of winter.

It follows a review of the Storm Arwen response published in January 2022, which set out 15 recommendations for the Scottish Government and its partners.

A report published today updates on progress since then, with a range of improvements put in place ahead of winter. These include:

  • A full winter readiness exercise carried out by emergency responders across every area in Scotland by the end of November
  • A new online learning and training hub to help individuals, community groups and the voluntary sector to prepare, respond and recover from emergencies
  • The development of a new process to monitor and evaluate Scotland’s resilience system annually to identify and resolve issues quickly and effectively
  • Increased integration and engagement with the voluntary sector, and expansion of local directories of assets and capabilities to support resilience activity

Cabinet Secretary for Justice and Veterans, Keith Brown, said: “The Scottish Government committed to a full review of the circumstances of Storm Arwen, and this report demonstrates clearly the range of work that is underway to ensure that lessons are learned. 

“Our responder community, including our blue light services and our local authorities, will put these recommendations in place and we will support them to ensure our resilience arrangements continue to strengthen to protect communities.”

Chair of the Scottish Resilience Partnership Jim Savege said: “Responders have worked hard through the year, reviewing the risks we need to be prepared for, planning and exercising and making sure we are as prepared as we all can be for any future events and incidents we may have to respond to.

“More than ever, emergency services have considered wider risks that may be realised, and the growing reality of having to deal with concurrent risks and incidents.

“Significant additional work has been invested this year into working with voluntary organisations and communities to ensure their resilience and their ability to deal with incidents has been enhanced. Community and business resilience are the bedrock upon which emergency services work and respond.

“The SRP is grateful for all of the work that so many colleagues have invested in ensuring we are as prepared as we can be for the winter ahead.”

Record number of Scots are being paid the real Living Wage

A Fair Work approach to the cost of living crisis

A record proportion of employees in Scotland are being paid the real Living Wage (rLW) or more, new figures have revealed.

The Office for National Statistics’ Annual Survey of Hours and Earnings shows 91% of employees aged 18 and over earned at least the rLW in 2022, an increase from 85.5% in 2021 and the highest proportion since the rLW series began in 2012.

In comparison, 87.5% of employees aged 18 and over in England are paid the rLW or more, 88.2% in Wales and 85.4% in Northern Ireland.

The ONS survey also confirms that the Gender Pay Gap is lower in Scotland than across the UK as a whole. For full-time employees the gap is 3.7% compared with the UK figure of  8.3%.

The Scottish Government is committed to tackling the cost of living crisis with a Fair Work approach, ensuring workers are paid at least the rLW – currently £10.90 per hour – and supporting more women into jobs through flexible working opportunities.

Minister for Employment and Fair Work Richard Lochhead said: “The Scottish Government’s commitment to promoting payment of the real Living Wage is a fundamental part of our National Strategy for Economic Transformation and a key cost of living policy to deliver a fairer and more equal society.

“The ONS figures confirm that Scottish employers are leading the way and we can be proud of the progress that has been made.

“There is still work to be done on tackling the gender pay gap, but we are taking steps to make this happen. We will publish our refreshed Fair Work Action Plan later this year, outlining the actions needed to close the gap further and create a more diverse and inclusive workplace.

“We will continue to work with employers, employability providers and partners to achieve this aim.” 

Read the Annual Survey of Hours and Earnings statistics in full here.

Tenant Protection Act becomes law

Rents frozen and most evictions prevented

Emergency legislation giving tenants increased protection from rent increases and evictions during the cost of living crisis has become law after receiving Royal Assent.

The Cost of Living (Tenant Protection) Act gives Ministers temporary power to cap rent increases for private and social tenants, as well as for student accommodation.

This applies to in-tenancy rent increases, with the cap set at 0% from 6 September 2022 until at least 31 March 2023, effectively freezing rents for most tenants during this period.

Enforcement of eviction actions resulting from the cost crisis are prevented over the same period except in a number of specified circumstances, and damages for unlawful evictions have been increased to a maximum of 36 months’ worth of rent.

Tenants’ Rights Minister Patrick Harvie said: “Many people who rent their homes are facing real difficulties as a result of the cost of living crisis. While bills are rising for all of us, many tenants are more exposed as they are more likely to be on low incomes or living in poverty than other people.

“These measures aim to give tenants greater confidence about their housing costs and the security of a stable home.

“Some landlords may be feeling the effects of this crisis too. So while the primary purpose is to protect tenants, the emergency measures also include safeguards for those landlords who may be impacted. 

“For anyone struggling with their rent, I would urge you to contact your landlord, an advice organisation or a tenants’ union to get help as early as possible.”

Edinburgh Lettings Agent Clan Gordon has been looking at what this means for the landlords and tenants that they represent.

Clan Gordon Managing Director, Jonathan Gordon, was part of the Scottish Government’s working Group which consulted on and helped them develop the Private Residential Tenancy (PRT) regime in 2017 which transformed the sector, introducing far greater protection for tenants and simpler procedures for landlords.

He said: “It is reassuring to hear Ministers say the new Cost of Living (Tenant Protection) Bill balances the protections that tenants need, with safeguards for those landlords who may also be impacted by the financial crisis.

“Under the new law, rents for existing private and social housing tenants cannot be increased until at least the end of March 2023 and can be extended for up to a further 12 months in two six-month blocks.” 

So, what does this mean for landlords? Although the rent cap can continue at the current 0% rate or can be varied at ministers’ discretion, there is no cap or limit on increasing the rent when advertising for new tenants.

Jonathan continued, “Despite the media attention when this was announced this is not a ban on landlords ending tenancies.  Landlords can still serve notice as normal if they wish to end a tenancy.

“Most tenants leave during the notice period when they find alternative accommodation so this restriction will have little effect here. If the tenant doesn’t leave during the notice period, the landlord can apply to the tribunal for an eviction order as normal.

“However, the legislation delays a landlord from enforcing an eviction order issued by the tribunal in some circumstances for up to six months.

“Tenants can still be evicted for anti-social behaviour, lender reposition,  abandonment, substantial rent arrears or if the landlords intend to sell or move back in to the property to alleviate financial hardship.

“We are also very pleased to see that as well as considering the tenants in this legislation, there are new safeguards for private landlords who find themselves impacted by the cost-of-living crisis.

“In certain circumstances, Landlords will be able to apply to Rent Service Scotland to increase the rent on a property to cover up to 50% of a limited number of specific costs, including increased mortgage interest payments and increases in landlords insurance or service charges. 

“Interestingly the rent cap also applies to university halls of residence and other student accommodation where energy costs may be included in rent payments.

“There has been widespread concerns about increases to fuel prices, but the legislation prevents landlords passing on gas and electricity cost rises, in increased rents within the next six months unless the landlord can prove excessively high use of any utilities. 

“Students are also covered by the same eviction laws and can only be evicted in cases of anti-social or criminal behaviour. 

“Our approach has always been to encourage landlords to help us support any tenant who faces any difficulties including financial ones and in conjunction with  our landlords we worked to support a lot of tenants financially and otherwise during the Covid pandemic and lockdowns.

“This is going to be a difficult road ahead and we are pleased that the government has put some measures in place to support and protect landlords and tenants. 

The government  advice  website www.costofliving.campaign.gov.scot offers helpful tips, advice and guidance and our team will be very happy to offer advice about the new legislation to those affected by the current cost of living crisis.”

To schedule a call with a Clan Gordon  advisor, visit www.clangordon.co.uk

The Cost of Living (Tenant Protection) (Scotland) Act was approved by the Scottish Parliament on 6 October. It delivers a Programme for Government commitment.

Further information about the Act is available on the Scottish Government website.

Ministers have the power to vary the rent cap while it is in force, and the measures could be extended over two further six-month periods.

Committee calls for clarity on Scottish Government Covid Recovery Funding

The Scottish Parliament’s COVID-19 Recovery Committee has called on the Scottish Government to clarify whether the cost crisis will affect the funding of Scotland’s Covid Recovery Strategy.

Following pre-budget scrutiny of how the Scottish Government plans to fund its Covid Recovery Strategy and the ongoing costs associated with the pandemic, the Committee have written to John Swinney MSP, Cabinet   Secretary for Covid Recovery, asking for the Committee’s views to be considered when preparing the budget.

The impact of the cost crisis was highlighted during the Committee’s evidence sessions, including concerns from witnesses over how this could affect the funding and delivery of the Covid Recovery Strategy, with some saying the crisis will pose more significant challenges for organisations, service providers and individuals than even those faced during the pandemic.

The Covid Recovery Strategy was published in October 2021, before the scale of the emerging cost-of-living crisis was apparent.

The Strategy sets out the Scottish Government’s vision for recovery, focusing on efforts to tackle inequality and disadvantage arising from the COVID-19 pandemic and states that progress towards public service reform and a well-being economy is necessary to tackle these inequalities.

Commenting, Siobhian Brown MSP, Convener of the COVID-19 Recovery Committee, said: “During our pre-budget scrutiny, we heard that the Scottish Government’s budget is approximately £1.7 billion less than it was worth in December 2021 due to inflationary pressures.

“The Committee, therefore, are seeking clarity on how this will impact the Scottish Government’s priorities and ability to deliver the outcomes as set out in the Covid Recovery Strategy and whether it intends to refresh the strategy to reflect any policy changes in light of the cost-of-living crisis.

“As the budget doesn’t commit to specific spending on COVID-19 or Covid Recovery, it’s important that there is greater clarity provided on how much funding the Scottish Government intends to commit to achieving the outcomes identified in its Covid Recovery Strategy within the upcoming budget.”

Read the Committee’s letter to @JohnSwinney from the Convener, @Siobhianayr

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http://ow.ly/jCAE50LnIfs

The Committee’s pre-budget scrutiny also set out the evidence gathered on costs associated with the Strategic Framework.

These included future pandemic preparedness, vaccinations, testing and surveillance, personal protective equipment, monitoring Covid-19 recovery and Scottish Government progress towards developing a well-being economy.