Council gives initial response to scathing Tram Inquiry report

‘serious mistakes were made’ – Council Leader


Council Leader Cammy Day has responded to the publication of the Edinburgh Tram Inquiry. He said: “As a Council, we’ve co-operated fully with Lord Hardie’s Edinburgh Tram Inquiry since its announcement nine years ago and have always maintained that its outcomes will be beneficial in informing investment in similar major transport infrastructure projects, both here in Edinburgh and by other local authorities.

“We’ll consider our response, and any actions required, based on the findings and report back to Transport Committee in November and then our Council meeting in December.

“From a first reading of the report it’s clear that serious mistakes were made and that this had a significant impact on the city. There’s no getting away from the fact that the original project caused a great deal of disruption to residents and businesses, as well as damaging the city’s reputation and on behalf of the Council, I want to apologise for this.

The scathing 959-page report lays the blame for the tram fiasco – years late, millions of £ over budget and delivering only a single line, far less than was promised – at the door of TIE (the council’s tram firm), the council itself and the Scottish Government.

Cammy Day went on: “I won’t, however, apologise for building a tram system, or for our ambition to develop it further.

After all, creating a better connected, environmentally friendly transport system is essential for a modern, successful city and we need to transform the way people move around if we are to achieve our net zero goals.

“Equally, we shouldn’t forget that, in the nine years since the line between Edinburgh Airport and York Place was built, the service has flourished to become a hugely successful transport route for thousands of residents and visitors each day.

“We’ve now launched passenger services on the completed line to Newhaven, the success of which was down to the hard work of the in-house project team and partners, but also thanks to lessons learned from the first project.

“Prior to the announcement of the Inquiry, and towards the closing stages of the first project, we’d already introduced a raft of changes to project management and governance, which also proved crucial to the succesful implementation of the current Trams to Newhaven project.

“In developing the Trams to Newhaven route, clear, timely communication has been key, both between project managers, contractors and elected members but also residents, businesses and other stakeholders. The final business case built on months of extensive consultation on the designs and plans, updating and amending them in response to feedback so that they meet the community’s needs.

“We’ve drawn on the experience of skilled project managers throughout, with a particular focus on securing independent oversight and expert advice at every stage. The establishment of a tram board incorporating independent members, for example, has allowed effective scrutiny, while taking on board the advice of industry experts, such as Professor Bent Flyvbjerg, helped us to take full account of the risks involved.

“We made every effort to minimise disruption and, throughout construction, kept local people, businesses and elected members informed through regular updates, responding to concerns and questions.

“The new route’s already proving to be extremely popular, with passenger numbers doubling in the first few weeks and August clocking in as Edinburgh Trams’ best ever month, with more than 1.2m customer journeys recorded.

“We’re already looking at options for expanding the network further – to the north and south of the city, and potentially also to neighbouring authorities – and it’s encouraging to see this is very much part of the Scottish Government’s plans too.”

Read the full Edinburgh Tram Inquiry report … and weep!

First Minister calls for urgent mobilisation of climate finance

First Minister Humza Yousaf has called on governments to accelerate financial support for countries most affected by climate-induced loss and damage, in a keynote speech during Climate Week NYC.

In the speech, the First Minister set out the details of how Scotland’s loss and damage finance – pledged at COP26 and COP27 – is being mobilised.

A total of £5 million has been awarded to the Climate Justice Resilience Fund who support vulnerable communities in the Global South who have experienced loss caused by climate change, with a specific focus on women and young people.

In addition, the Scottish Catholic International Aid Fund (SCIAF) will receive a further £300,000 to support communities in Malawi impacted by Storm Freddy.

Scotland’s Humanitarian Emergency Fund will also receive an additional £1 million to support communities affected by disasters, disease or conflict, in recognition that climate change is increasingly driving humanitarian emergencies abroad.

The First Minister said: “Not a single community on Earth will be left untouched by the effects of climate change, but that suffering is not and will not be divided equally. We must ensure the communities facing the worst hardship, with the least resources, are not left behind.

“At COP26, Scotland became the first country in the global north to pledge financial support to address that Loss and Damage.

“At COP27 we again led the way, committing another £5 million for the neglected area of non-economic loss and damage. We have made good on those promises but the need for urgent responses to climate shocks is only increasing.

“That is why I am also announcing a further £1 million programme to address loss and damage to be delivered through Scotland’s Humanitarian Emergency Fund.

“Scotland might be a small country but I hope these actions will inspire others to join us in not only making pledges, but in urgently mobilising the finances that are needed on the ground today.”

New Carer Support Payment to be piloted in three areas

Carer Support Payment will open for applications in pilot areas from November 2023, subject to parliamentary approval of regulations setting out rules and eligibility.

Adults living in Perth and Kinross, Dundee City and Na h-Eileanan an Iar, will be the first to be able to apply ahead of phased national rollout from Spring 2024. The benefit will be available nationally by Autumn 2024.

Carer Support Payment will replace Carer’s Allowance, currently administered by the Department for Work and Pensions, and will be provided by Social Security Scotland. It will be the 14th Scottish benefit and is a Programme for Government commitment.

More than 80,000 carers, will be able to receive the benefit in Scotland, including 1,500 carers who are currently unable to access Carer’s Allowance due to studying full-time.

Social Justice Secretary Shirley Anne Somerville said: “This 14th Scottish benefit feeds into our critical mission to reduce poverty and provide support those who are in the greatest need.

“Unpaid carers play a vital role in looking after their loved ones, but we know this can affect their own health and wellbeing. Carer Support Payment will provide unpaid carers with income in recognition of their caring role, giving them more security and helping them access opportunities outside of caring.

“Access to education is a key part of this, which is why we want to extend eligibility for our benefit to many carers studying full-time. I am pleased student carers will be able to apply as soon as Carer Support Payment is available in their local authority area, given the calls from carers and support organisations for changes to the current rules.

“This change and the delivery of Carer Support Payment will be a key milestone in our ongoing work to improve support for unpaid carers, and we are committed to further changes to make the benefit work even better in future.”

Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023: https://www.legislation.gov.uk/sdsi/2023/9780111057964

Creating a National Care Service

Community engagement funding to ensure groups are heard

Third sector organisations are being awarded new funding to help ensure as many voices as possible are contributing to the design of the National Care Service.

The funding will facilitate contributions from minority ethnic communities, LGBTI people, children and young people and those with experience of homelessness or the justice system.

Organisations will each receive £5,000 to encourage the communities they work with to have their say on how future community healthcare and social work services should look.

Social Care Minister Maree Todd said: “As we build a National Care Service that best fits the needs of everyone in Scotland, we need to hear from people directly.

“The new National Care Service will set the standards and guidance to support the design and delivery of community healthcare and social work services locally.

“The complexities of getting this right should not be underestimated. People with experience of the current system, whether receiving health and care support or delivering it, are the experts. We need to hear those voices – and those of groups who are often overlooked.

“We know that minority ethnic communities, LGBTI people, children and young people and those with experience of homelessness or the justice system are under-represented in our co-design work to date. We also know that people affected by dementia are a key group we want to hear more from and we will benefit from partnering with an organisation with expertise in this area.

“I am confident the funding to support co-design activity with seldom heard communities will help us shape a system we can all benefit from and be proud of.”

The partner organisations are:

  • LGBT Health and Wellbeing
  • Minority Ethnic Carers of People Project (MECOPP)
  • The Simon Community
  • Scottish Association for the Care and Resettlement of offenders (SACRO) 
  • Alzheimer Scotland

Protecting children’s rights in Scots law

Holyrood to reconsider UN Convention on the Rights of the Child Bill

The Scottish Parliament has agreed to consider amendments to the legislation that will incorporate the UN Convention on the Rights of the Child into Scots law.

The UNCRC (Incorporation) (Scotland) Bill requires Scotland’s public authorities to protect children’s rights in their decision-making. It also allows for children, young people and their representatives to use the courts to enforce their rights.

The Bill was passed unanimously in 2021 but certain provisions within it were later ruled outwith the Scottish Parliament’s legislative competence at the Supreme Court.

Proposed changes will mean that public authorities will be required to comply with the UNCRC requirements only when delivering devolved functions conferred by or under Acts of the Scottish Parliament or under common law powers.

Social Justice Secretary Shirley-Anne Somerville said: “Our priority is to provide the greatest protection that we can to children’s rights.

“The amendments that will now be considered will ensure that the Bill protects children’s rights in the most effective way within our devolved powers.

“This is an important milestone in ensuring that we are a country that fully respects, protects and fulfils children’s rights. However, without the political commitment of the UK Government to legislate for children’s rights we are limited in what we can achieve.

“The simplest way to secure the greatest protection for children’s rights would be for our counterparts in Westminster to incorporate the UNCRC into UK law.”

Letter to committee and amendments

Affordable homes completions at 23 year high

The number of affordable homes completions in the past year is the highest annual figure since 2000, the latest quarterly statistics show.

Almost 11,000 affordable homes were delivered in the year to end June 2023. These homes ensure further progress towards achieving the Scottish Government’s target of delivering 110,000 affordable homes by 2032, with 70% of these for social rent and 10% in rural and island communities.

Housing Minister Paul McLennan said: “I am pleased that the number of affordable homes completed in the latest year is the highest annual figure since 2000, supporting almost 11,000 households to have an affordable place to live.

“The combined challenges caused by a hard Brexit and economic mismanagement by the UK government have triggered various issues including the rising cost of construction supplies and workforce challenges.

“The housing sector has done incredible work to deliver homes in these circumstances and we will continue working with partners to mitigate these impacts. We are also making £3.5 billion available in this parliamentary term, towards the delivery of more affordable and social homes.

“Despite the challenges, since 2007, Scotland has seen over 40% more affordable homes delivered per head of population than in England, and over 70% more than in Wales. We have already delivered 13,354 homes towards our next target of 110,000 affordable homes in Scotland by 2032.”

Techscaler programme creating entrepreneurs and innovators

Hundreds of start-ups supported in first year of programme

Almost 400 of Scotland’s tech start-up businesses have been supported during the first year of the Techscaler programme.

A total of 387 fledgling firms received assistance from the £42 million Scottish Government project – the most comprehensive of its kind in Europe – which provides free mentoring and advice to early stage business owners.

The seventh Techscaler hub will open in Dumfries during this financial year, joining others already operating around the country and underlining the Scottish Government’s commitment to innovative businesses.

The 2023-24 Programme for Government includes an additional £15 million to support entrepreneurs from all walks of life.

First Minister Humza Yousaf visited the Techscaler hub in Stirling to meet start up business owners and learn more about the programme.

The First Minister said: “Growing businesses are fundamental to a thriving Scotland, and the Scottish Government I lead is committed to doing whatever we can to help businesses unleash the enormous economic potential of accelerating a fair, green and growing economy. 

“That is why our Programme for Government is investing in the entrepreneurs of the future, building on the valuable work already taking place within Techscalers.

“Tech start-ups right across Scotland now have access to world-class education and mentoring and opportunities for peer learning and networking through the Techscalers – a hugely impressive programme which has made Scotland one of the most tech start-up friendly places in the world.

“We are taking action now, in partnership with business, to help stimulate sustainable and fair economic growth across Scotland.”

Inspiring a new generation of tech entrepreneurs – gov.scot (www.gov.scot)

Supporting a start-up nation – gov.scot (www.gov.scot)

Kickstarting new businesses – gov.scot (www.gov.scot)

Green light for Safer Drug Consumption pilot?

Minister welcomes statement from Lord Advocate

An announcement by the Lord Advocate, that it would not be in the public interest for people using a pilot Safer Drug Consumption room to face prosecution for possession within the facility, has been welcomed by the Drugs and Alcohol Policy Minister Elena Whitham.

Dorothy Bain KC’s indication that she would issue a public statement of prosecution policy removes an obstacle to establishing the first official Safer Drug Consumption Facility in the UK.

It follows her independent consideration of a detailed proposal for a pilot developed by Glasgow City Health and Social Care Partnership (HSCP) and Police Scotland, facilitated by the Scottish Government.

Today’s news means Glasgow HSCP can take plans to establish the facility to the Glasgow City Integration Joint Board for approval.

Drugs and Alcohol Policy Minister Elena Whitham said: “I welcome the position the Lord Advocate has taken.

“Glasgow authorities may now progress their proposal to set up a facility which can operate within the existing legal framework. While the service would still be limited to some extent, due to the reserved Misuse of Drugs Act, we are confident it would save lives.

“This is not a silver bullet. But we know from evidence from more than 100 facilities worldwide that Safer Drug Consumption Facilities work. It is now time to see this approach piloted in Scotland.

“It’s vital this pilot has the full confidence of the general public as well as those who use the facility, and the leadership of Glasgow and Police Scotland will help ensure it is introduced as quickly as possible.

“Through our £250 million National Mission, we are doing everything within our powers to tackle drug deaths in Scotland. However, the number of deaths is still too high and we must use every means at our disposal as we face future challenges, including the increasing threat from synthetic opioids.”

Assistant Chief Constable Gary Ritchie said: “Police Scotland is committed to working in partnership to reduce the harm associated with problematic substance use and addiction.

“Our approach to any initiative aimed at tackling these harms will be to establish how best policing can support it within the confines of the law.

“It is important to note that existing legislation will not be changing and, while we may take an overall supportive policing approach, police officers will still be bound by their legal duty to uphold the law and will not be able to simply ignore acts of criminality which they see occurring.” 

Susanne Millar, Chief Officer for Glasgow’s Health and Social Care Partnership, said: “We welcome the position from the Lord Advocate and the positive response on plans for a Safer Drug Consumption Facility to operate in Glasgow. 

“A large body of evidence already exists from around the world which demonstrates that Safer Drug Consumption Facilities can save lives, as well as reducing the spread of blood-borne viruses and cutting levels of publicly discarded injecting equipment.”

New legal targets proposed for nature recovery

Further action to tackle the biodiversity crisis

Targets for nature recovery could be put into law in line with those for climate change, as part of a range of proposals to protect and restore Scotland’s natural environment.

The Scottish Government is asking for views on its plans and actions to accelerate nature restoration and regeneration. The consultation sets out the key elements of Scotland’s overall Biodiversity Framework, including:

  • Scotland’s Biodiversity Strategy – published in draft form in December 2022 – setting out goals of halting biodiversity loss by 2030 and reversing declines by 2045;
  • The first 5-year Delivery Plan to implement this strategy;
  • A set of principles to guide the delivery of key commitments to conserve 30% of land for nature by 2030 and expand ‘nature networks’ across Scotland;
  • Proposals for the upcoming Natural Environment Bill, including the introduction of statutory nature recovery targets which will be binding on government in the same way that climate change targets require Ministers work towards meeting net zero targets; and
  • Changes to National Parks legislation to strengthen the leadership role of National Parks in tackling the climate and biodiversity crises.

Biodiversity Minister Lorna Slater said: “We are at a tipping point for nature – it is in decline across the globe with around 1 million species already facing extinction. In Scotland alone, we have seen a 24% decline in abundance of wildlife since 1990; if we don’t take urgent action, nature in Scotland will continue to decline and important species will be lost forever.

“This week we have published our Programme for Government which recognises that the twin crises of climate change and biodiversity loss are global challenges of unprecedented proportions. Restoring nature will reduce carbon emissions, and tackling the climate crisis is essential if we are to prevent extinctions.  We must be both Net Zero and Nature Positive.

“A nature-positive Scotland creates great opportunities that will benefit people and communities throughout the country and particularly in rural areas. We want to work with everyone – with local government, local communities, organisations and environmental experts – to protect our precious natural environment for future generations.

“We are especially keen to hear the views of the stewards of our land and seas – farmers, gamekeepers and fishers who have the knowledge and skills to drive the transformation that is needed.”

Anne McCall, Director, RSPB Scotland said: “We welcome the Scottish Government’s ambition to drive forward and scale up action for nature – action which evidence tells us is needed now more than ever.

“We are at a crossroads, but this consultation gives me hope as it kickstarts a process that is the biggest opportunity for nature in Scotland that I’ve seen in my 25-years working in conservation.

“This is not just a big moment for nature, it’s important for every person in Scotland. Nature underpins our health, wellbeing, the air we breathe, water we drink, food we eat and much of our economy. Restoring nature will deliver many benefits including creating new jobs.

“RSPB Scotland will consider the proposals in detail and will no doubt have suggestions. That is why this consultation is so welcome: delivering the change needed for nature and people will require collaborative action across government, NGOs and the private sector and requires a collective discussion to ensure we get the plans right and then delivered successfully.”

NFU Scotland Director of Policy, Jonnie Hall said: ““As with climate challenges, active farming and crofting are critical to this nation’s biodiversity ambitions. With more than 70 per cent of Scotland’s land under agricultural management, farmers and crofters have a unique role in the stewardship of our habitats and wildlife. 

“Rural Scotland is a working landscape, with food production and economic activity being driven by sustainable land management. For nature to flourish, we need to enable those who manage our land to deliver multiple outcomes. 

“Enhancing our natural environment is clearly in the public interest and will deliver an array of public goods. But that cannot be sustained at private cost.  We have the clear opportunity to ensure our agricultural landscapes deliver the right outcomes for food production, climate, biodiversity and rural communities and a balanced approach to delivering on all four fronts is critical.

“We will encourage farmers and crofters to participate in this consultation as it offers an opportunity to shine a light on all the great work already being undertaken on farms and crofts as well drilling down on the full range of reasons that lie behind any biodiversity loss.” 

NatureScot Chair, Colin Galbraith said: ““Nature is in crisis, and we need to take urgent action now. This consultation is an opportunity for everyone to get involved in tackling the crisis in our natural world.

“We want to hear from the land managers, farmers and crofters already working to support and enrich wildlife, as well as from people in rural and urban communities who seek a fair and just transition to a nature-rich future for all.

“Now is the time to speak up for nature; to tell us what your priorities are for the future – we are listening.”

Tackling the Nature Emergency: Consultation on Scotland’s Strategic Framework for Biodiversity

What’s in the Programme for Government?

It’s a new term at Holyrood, and a new Programme for Government – the first for the new First Minister Humza Yousaf (writes Fraser of Allander Institute’s EMMA CONGREVE).

In terms of content, however, there are not a lot of new ideas to get excited about. This isn’t necessarily a criticism – we all remember the meltdown generated by a certain “mini-budget” statement made by the UK Government about this time last year. In addition, the public finances don’t exactly have a lot of give in them at the moment.

However (and this a criticism!) there are a few big issues that have been kicked into the long grass, yet again, some of which could raise money, others that could prove critical to preventing additional spend in the future.

Here is our first glance summary of what is on offer for the next parliamentary year.

A focus on rebuilding trust with business

The First Minister’s New Deal for Business Group was mentioned several times as a way the Scottish Government plans to rebuild relationships with business after a rocky few months in the Spring.

The FM has said the PfG is “anti-poverty, pro-growth”. The data we published last week showed that the Scottish Government does have some way to go to build trust with business.

There is a specific commitment to “work with business to identify and remove regulations that are no longer required, if a good case can be made”. It will be interesting to see how this works in practice – particularly given the recent response to concerns about the short-term lets regulations.

More widely on the economy, there is a commitment to a new Green Industrial Strategy. While many may welcome a clear expression of how the Scottish Government plan to grasp the economic opportunity presented by net zero, the thought of another Government strategy document may also fill some with horror.

Childcare

Widely trailed, the expansion of childcare makes up a key plank of the commitment to reducing poverty.

However, in terms of detail, there isn’t a lot to go on. A vague commitment to phase in funded support to those two-year-olds “who will benefit the most”, developing some evidence on what might be required for future expansion for those over nine months and at primary school, and testing a new digital service for parents managing their childcare is the extent of it.

We may have to wait till the Budget until we have any more clarity on what the scale of some the spend and outcomes here could be. There appears to be no commitment to expanding the childcare entitlement to two-year-olds on the same basis currently offered to three- and four-year-olds, though we can only infer that from reading between the lines of the document.

A figure of 13,000 additional children and families accessing funded childcare is mentioned, but it’s not clear what this this relates to or what this will do to reduce poverty. Overall, these announcements are unlikely to add up to a significant impact on child poverty numbers unless they are deployed at a much larger scale.

There is also a specific funding commitment for the next budget year to increase pay in the early learning and childcare sector to £12 an hour, in line with the commitment for social care workers. Given the recent concerns from the childcare sector about the viability of their operations, it will be interesting to see if this alleviates their concerns.

What wasn’t in there

There is scant mention of the National Care Service, other than the Bill will continue (“subject to the agreement of Parliament” which sounds fairly ominous), but we had previously been promised an update “after the summer recess” on what the Government’s updated plans (and associated costings) are. The Programme for Government would have been an obvious place to provide that update, but we shall have to wait a bit longer to see

On Council Tax, there will be a ‘continuation’ of the Joint Working Group to identify further reforms to council tax (we have a few ideas) and some new levers to be handed over to local government for empty and second properties. Nothing substantive here and another year, it seems, of everyone avoiding dealing with the thorn in the side of any claims that Scotland has a progressive tax system.

Little detail on fiscal trade-offs

In May, the Deputy First Minister presented the Medium-Term Financial Strategy (MTFS), in which outlined three pillars to achieving fiscal sustainability – spending decisions focused on critical missions, supporting economic growth and a strategic approach to tax policy – set against the backdrop of spending commitments in excess of funding by £1bn in 2024-25, rising to £1.9 billion by 2027-28.

At the time, the SFC expected a larger income tax reconciliation than has transpired, and the increased borrowing powers in the latest Fiscal Framework Agreement also help ease some of this, but we think the funding gap remains at around £600m – still a large number.

The Programme for Government adds little detail on how the Scottish Government will deal with this shortfall. There is a vague mention of “more effective targeting of existing provision and services to support those who need it most” in line with the MTFS, but no specifics on whether there will be cuts to programmes and if so, to which.

The list of public service reform activities, while welcome (who could object to cataloguing assets or trying to save public funds on estates?), is hardly transformational, and unlikely to go a long way towards addressing the funding gap.

There is also no detail on the direction of travel of the taxes the Scottish Government does control, with a tax strategy promised for May next year instead – and of course we will know more about plans for 2024-25 come Budget time, even if being clear in advance and about longer-term intentions would be more in line with the aim of being strategic in tax policymaking.

The First Minister did outline the intention to introduce a new Building Safety Levy akin to that legislated for by the UK Government for England and which will apply from next year, with the intention to make developers contribute to the cost of cladding remediation work.

But this is not part of current devolved powers, and so the Scottish Government would need to successfully negotiate that with the UK Government before even starting the lengthy process of introducing and designing a new levy. So it’s unclear when it could come into place, assuming the Scottish Government did get said powers.

As for revenues, clearly that depends on the tax rate – but that would have to be balanced against the Government’s intention to encourage further housebuilding. If it were to be levied at a similar rate to England, while it no doubt would raise welcome revenues, it would not be a major solution to the medium-term funding gap.

Looking ahead to the budget – on 14th December??

So, we’ll need to get the details on these trade-offs – and therefore the areas that will be bearing the brunt of any cuts – in the Scottish Budget itself. Given we’ve heard today that the UK Autumn Statement will be on 22nd November, the usual timing would mean the Scottish budget would be on 14th December.

We’ll have to wait for confirmation from the Scottish Government on the timing, which hopefully will come soon!