Minister confirms intention to cap private rents at 3%
Emergency measures to protect tenants will be extended, Tenants Rights’ Minister Patrick Harvie has confirmed, with private rents capped and enforcement of evictions prevented in most cases.
Subject to the approval of Parliament, changes to the Cost of Living (Tenant Protection) Act will mean that from 1 April 2023:
If landlords choose to increase private rents they will be capped at 3%
The safeguard for private landlords will be amended, allowing them to apply for increases of up to 6% to help cover certain increases in costs in defined and limited circumstances
Enforcement of evictions will continue to be prevented for all tenants except in a number of specified circumstances
Increased damages for unlawful evictions of up to 36 months’ worth of rent will continue to be applicable
The rent cap for student accommodation will be suspended, recognising its limited impact on annual rents set on the basis of an academic year
These temporary measures are intended to be extended to 30 September, provided they remain necessary, with the option to extend for another six-month period if required.
As announced in December 2022, the social sector rent freeze is being replaced with agreements from landlords to keep any rent increase for 2023-24 well below inflation.
Mr Harvie said: “Our emergency legislation has helped protect tenants facing the cost of living crisis. With many households still struggling with bills, it is clear that these protections are still needed to give tenants greater confidence about their housing costs and the security of a stable home.
“While the primary purpose of the legislation is to support tenants, I recognise that costs have been rising for landlords too. That’s why we intend to allow those in the private sector to increase rents by up to 3%, with a continued safeguard allowing them to apply for larger increases to cover specified rising costs they might be seeing as landlords.
“By allowing increases in rent – capped well below inflation and limited to once per 12 months – we can continue protecting tenants from the minority of landlords who would impose unaffordable rent hikes.
“We will continue to carefully monitor the impacts of this legislation, working with tenants and landlords to protect them from this costs crisis.”
COUNCIL RENTS: Under the agreement on social rents for 2023-24, COSLA has committed to keeping local authority rent increases to an average of no more than £5 a week.
HOUSING ASSOCIATIONS: Members of the Scottish Federation of Housing Associations have reported planned increases averaging 6.1%.
‘Pragmatic approach’ to support hosts during cost of living crisis
Recognising the pressures short-term lets hosts face at this time, legislation has been laid to extend the deadline for applying for a licence by six months to 1st October 2023.
The new deadline applies to anyone operating as a host before 1 October 2022. Anyone who started operating after that must have applied for and obtained a licence before accepting guests and bookings.
Housing Secretary Shona Robison said: “We are taking a pragmatic approach to help support hosts in recognition of the wider cost of living crisis that is placing pressure on businesses. This one-off six-month extension will give businesses more time to spread the cost of the licence fee, and meet the scheme requirements.
“The principal component of our licencing scheme is a mandatory set of safety standards which many hosts will already be meeting as a matter of best practice or compliance with existing law. Our scheme gives local authorities the powers to strike a balance between the economic and tourism benefits of short-term lets and community concerns.
“Many hosts have already applied for a licence. I encourage those that have yet to do so to apply for a licence well in advance of the extended deadline.”
New hosts must now apply for, and obtain, a licence before accepting bookings or receiving guests.
Anyone who operating as a host before 1 October 2022 can operate as normal while their application is being determined.
Regeneration projects in disadvantaged and rural communities across Scotland will receive a share of almost £27 million funding.
The investment will support schemes tackling child poverty and addressing issues like addiction and suicide prevention, while creating jobs and growing local economies. It supports town centre regeneration by bringing derelict buildings back into use and creating new buildings for the community or for commercial purposes.
The latest round of funding from the Regeneration Capital Grant Fund (RCGF), delivered in partnership with COSLA and local authorities, will help 23 community-based initiatives which will create and support more than 700 jobs and more than 500 construction jobs, along with hundreds of training places.
Edinburgh’s Peffer Place Business Park in Craigmillar receives £2.25 million.
Other initiatives include:
converting a derelict Motherwell sports pitch into a recreation area and community base to support groups at particular risk of suicide
transforming a former pipe factory in Glasgow into a community centre and creative hub for young people, including those with care experience
renovating an empty, derelict building in Lossiemouth into a community hub providing services including affordable childcare, addiction counselling and debt advice
establishing a five-acre campus in Easter Ross to offer training in sustainable food production, promote zero waste and deliver courses focused on tackling food poverty and poor mental health
Community Wealth Minister Tom Arthur said: “These innovative, grassroots schemes have been developed within communities to address local needs.
“Scottish Government support will help provide services like employment training, affordable childcare, mental health support and addiction counselling. Derelict landmarks will be redeveloped and new buildings created.
“By working in partnership with residents and local authorities, we are helping communities to support themselves and develop fair, green and prosperous economies which accelerate progress towards net zero emissions.
“The Scottish Government wants to create a fairer society by enabling more people to benefit directly from the wealth generated by local communities. That is why we are introducing Community Wealth Building legislation during this Parliamentary term – to fundamentally transform what our economy is for and how it operates.”
COSLA’s Environment and Economy spokesperson Councillor Gail Macgregor said: “The announcement today shows the strength of the RCGF and the commitment by local government to regenerating communities.
“In this uncertain time of inflation, rising energy costs and increased demand on services, the fund demonstrates what can be achieved in our towns, cities, villages and islands when support is focused on social and economic renewal.
“From tackling the mental health crisis to food poverty, affordable childcare to climate change, this fund goes beyond what we traditionally think of as regeneration thanks to the ambition and innovative thinking of communities across Scotland.”
Since 2014-15, the RCGF has funded more than 200 projects which have supported or generated thousands of jobs, repurposed and returned to use landmark buildings in town centres, and created numerous new commercial spaces and multi-use community facilities.
RCGF funding applications are invited annually from all 32 local authorities and Clyde Gateway Urban Regeneration Company, as part of a two-stage process.
An independent Investment Panel agrees recommendations to Ministers and COSLA on projects to be funded during the forthcoming financial year. Applicants must detail how projects will help meet net zero ambitions and reduce carbon emissions.
The Scottish Government plans to introduce Community Wealth Building legislation during this Parliamentary term to accelerate progress on transforming local economies and fundamentally reshaping how communities operate.
Scottish Secretary Alister Jack has made an order under section 35 of the Scotland Act 1998, preventing the Scottish Parliament’s Gender Recognition Reform (Scotland) Bill from proceeding to Royal Assent.
Oral statement by Scottish Secretary Alister Jack to the House of Commons yesterday in relation to the Gender Recognition Reform (Scotland) Bill:
Mr Speaker, today I will make an order under section 35 of the Scotland Act 1998 preventing the Gender Recognition Reform (Scotland) Bill from proceeding to Royal Assent.
This Order will mean the Presiding Officer of the Scottish Parliament will not submit the Bill for Royal Assent.
This Government believes however that transgender people deserve our respect, our support and our understanding.
My decision is centred on the legislation’s consequences for the operation of reserved matters, including equality legislation across Scotland, England and Wales.
The Scottish Government’s Bill would introduce a new process for applying for legal gender recognition in Scotland.
The changes include reducing the minimum age a person can apply for a Gender Recognition Certificate from eighteen to sixteen, and removing the need for a medical diagnosis and evidence of having lived for two years in their acquired gender.
The Bill would amend the Gender Recognition Act 2004, which legislated for a single gender recognition system across the UK and which received a Legislative Consent Motion from the Scottish Parliament.
The approach taken in the Scottish Government’s Gender Recognition Reform Bill was the subject of intense debate in the Scottish Parliament.
A number of significant amendments were tabled right up until the end of the Bill’s passage.
And the Minister for Women and Equalities corresponded with and met with the Cabinet Secretary Shona Robison to discuss the UK Government’s concerns, before the Bill had reached its final stage.
Mr Speaker, I have not taken this decision lightly.
The Government has looked closely at the potential impact of the Bill and I have considered all relevant policy and operational implications, together with the Minister for Women and Equalities.
And it is our assessment that the Bill would have a serious adverse impact, among other things, on the operation of the Equality Act 2010.
Those adverse effects include impacts on the operation of single-sex clubs, associations and schools, and protections such as equal pay.
The Government shares the concerns of many members of the public and civic society groups regarding the potential impact of the Bill on women and girls.
The Bill also risks creating significant complications from having two different gender recognition regimes in the UK and allowing more fraudulent or bad faith applications.
The Government is today publishing a full Statement of Reasons, alongside the order, which will set in full the adverse effects the Government is concerned about (see below – Ed.).
Mr Speaker, I would like to address the claims put forward by those who would seek to politicise this decision and claim that this is some kind of “constitutional outrage” and you can hear them Mr Speaker, you can hear them.
The section 35 power was included in the Scotland Act, which established the Scottish Parliament.
This the first time the power has been exercised and I acknowledge that this is a significant decision.
The powers in Section 35 of the Scotland Act are not new, and this Government has not created them. They have existed as long as devolution itself.
And we should be clear that the power was included in the Act by the architects of devolution for a reason. Donald Dewar himself noted that the power struck an “important balance”.
The section 35 power provides a sensible measure to ensure that devolved legislation does not have adverse impacts on reserved matters, including on equalities legislation such as the Equality Act 2010.
This is not about preventing the Scottish Parliament from legislating on devolved matters but about ensuring that we do not have legal frameworks in one part of the UK which have adverse effects on reserved matters.
And we should be clear that this is absolutely not about the UK Government being able to veto Scottish Parliament legislation whenever it chooses, as some have implied.
The power can only be exercised on specific grounds – and the fact that this is the first time it has been necessary to exercise the power in almost twenty-five years of devolution emphasises that it is not a power to be used lightly.
In the instance of the Gender Recognition Reform (Scotland) Bill, I have concluded that the bill would have serious, adverse effects on the operation of the Equality Act 2010.
As I set out in my correspondence with the First Minister yesterday, I would prefer not to be in this situation.
The UK Government does all we can to respect the devolution settlement and to resolve disputes.
It is open to the Scottish Government to bring back an amended Bill for reconsideration in the Scottish Parliament.
So to conclude, Mr Speaker, I have set out to the Scottish Government that should they choose to do so, I hope we can work together to find a constructive way forward that both respects devolution and the operation of UK Parliament legislation.
Scotland’s First Minister Nicola Sturgeon told the BBC that the Scottish government will seek a judicial review of the Westminster government’s decision at the Court of Session in Edinburgh.
There’s every possibility that this constitutional wrangle will end up in the UK’s Supreme Court.
National exercise to re-assess hospital patients who are clinically safe to be discharged
Patients who no longer need to be in hospital are to be reassessed as soon as possible to get them the right care in the right place at the right time.
Before the end of the month each health board area will identify patients who are clinically safe to be discharged without further delay and can safely move home or to another setting such as an interim placement in a care home.
Staying in hospital is not the best option for those who are clinically fit for discharge. Being in hospital for longer than needed is not in the best interests of the individual, particularly for older patients, reducing their ability to look after themselves and return home.
This approach is based on good practice already adopted by several health boards. Patients will only be discharged if it is deemed safe, and clinical risk assessments will take into account the capacity of social care and social work and the potential impact on families or carers of patients.
This is the latest step in efforts to free up capacity in hospitals and help get the NHS through the toughest winter in its history. It builds on last week’s £8 million commitment to provide an extra 300 interim care home beds to get patients discharged quicker.
Health Secretary Humza Yousaf said: “First and foremost, we know hospital is not a good place to be for people who are medically fit to leave, because it can lead to them becoming weaker or less independent. That’s why it’s so important they can move home, or to a homely setting, as soon as possible.
“We believe this will also help to alleviate pressure on our NHS by freeing up beds and improving the flow of patients through hospitals. It is also, crucially, in the best interest of the people concerned.
“If we can reduce delayed discharge there is more chance that beds will be available for people who need them. We hope that these reviews will also contribute to reducing some of the pressures our hospitals are facing.”
‘This is a full-frontal attack on our democratically elected Scottish Parliament‘ – First Minister Nicola Sturgeon
Scottish Secretary Alister Jack has made an order under section 35 of the Scotland Act 1998, preventing the Scottish Parliament’s Gender Recognition Reform (Scotland) Bill from proceeding to Royal Assent.
Scottish Secretary Alister Jack said last night: “I have decided to make an order under section 35 of the Scotland Act 1998, preventing the Scottish Parliament’s Gender Recognition Reform (Scotland) Bill from proceeding to Royal Assent.
“After thorough and careful consideration of all the relevant advice and the policy implications, I am concerned that this legislation would have an adverse impact on the operation of Great Britain-wide equalities legislation.
“Transgender people who are going through the process to change their legal sex deserve our respect, support and understanding. My decision today is about the legislation’s consequences for the operation of GB-wide equalities protections and other reserved matters.
“I have not taken this decision lightly. The Bill would have a significant impact on, amongst other things, GB-wide equalities matters in Scotland, England and Wales. I have concluded, therefore, that this is the necessary and correct course of action.
“If the Scottish Government chooses to bring an amended Bill back for reconsideration in the Scottish Parliament, I hope we can work together to find a constructive way forward that both respects devolution and the operation of UK Parliament legislation.
“I have written today to the First Minister and the Scottish Parliament’s Presiding Officer informing them of my decision.”
Reacting to the announcement last night, First Minister Nicola Sturgeon tweeted: “This is a full-frontal attack on our democratically elected Scottish Parliament and it’s ability to make it’s own decisions on devolved matters.
“@scotgov will defend the legislation & stand up for Scotland’s Parliament. If this Westminster veto succeeds, it will be first of many”
The Scottish Secretary will address Westminster later today to further explain the reasons for this unprecedented decision. Doubtless Holyrood, too, will have much to say.
Local Government spending decisions are being increasingly directed by Scottish Government, and the way Local Government finances are presented by Scottish Government is potentially confusing for the general public.
This can lead to raised expectations and lack of clarity in our communities about the reality of what is now possible to deliver on the ground, COSLA said today (Monday 16th January).
COSLA was clear that this year we needed and asked for a £1bn extra in real terms however we have ended up with £38million and that this was simply not good enough.
COSLA added that to avoid socially harmful cuts, the finances of Local Government need early and proactive discussions to avoid an annual public argument about the reality of what can and cannot be afforded by Councils.
Councils also need more freedom to address local priorities and the ability to focus on improving outcomes.
Commenting today, COSLA’s Resources Spokesperson Councillor Katie Hagmann said: “Given the significance of our council services to the lives and livelihoods of everyone across Scotland, communities deserve clear and consistent facts in relation to Local Government finance rather than a yearly debate on how much money is or is not available.
“All our communities are concerned about is the level of service they can expect that there is support for the most vulnerable and want to ensure their local environment looks and feels as good as it can – all of these things are under threat because of successive years of underfunding.
“Last week saw the publication of the Accounts Commission’s report on the health of council finances. The report makes it clear that councils are going to have to take very tough decisions over the next few years to balance the books, given the financial pressures they face.
“Responding to the Accounts Commission report, Scottish Government has quoted both real and cash terms increases of £2.2 bn between 2013-14 and 2022-23, but this is contradictory.
“We owe it to our communities to be clear, consistent and transparent about the starting point and how much less, in reality, councils have to spend year on year on the services that our communities rely on.
“In 2013-14, the Local Government funding settlement was worth £10.3 bn. Looking to 22-23 the Scottish Government provided £12.5 bn. This does equate to a £2.2 bn cash increase. However, that increase is heavily ring fenced and directed funding for core services and local priorities has stayed the same.
“The reality of having the same amount of money this year as 10 years ago for core services is a real terms cut. As well as increasing costs, this money is also now required to deliver more services than it was 10 years ago – Scotland’s population has increased, the number of households has gone up, COVID has left a legacy of support needs for the most vulnerable and as people live longer, their care needs have become more complex. This is just a snapshot of the demands being faced by councils, not to mention inflation and energy costs.
“For 2023-24, Scottish Government has stated that councils have seen a “£570m increase in their budgets” but the reality is, that only £38m of this can go towards pressures such as inflation, pay and service demand with the rest is for policy commitments that are already in the system, for example £100m to meet Real Living Wage commitments in social care.
“To put this into perspective, a 1% increase in pay across the Local Government workforces equates to around £100m. £38m will not go very far, especially when combined with energy price hikes, supporting the most vulnerable and our commitments to tackle the climate emergency.
“This year, demand for services like social care is at an all-time high but given the range of pressure facing councils, they simply don’t have the resources they need to work towards keep people out of hospital.
“Each day during winter, there is quite rightly a focus on getting people out of hospital to free up beds– currently councils support just over 97% of patients to be discharged without delay.
“The problem is not just getting people out of hospital but stopping them going in – councils simply don’t have the resources they need to provide the care packages or the interventions that prevent ill-health.
“COSLA’s key concerns are not only the socially harmful impact of cuts on our communities, but the way in which Local Government finance has been presented to them. The messaging is that there is more money for essential services each year despite this not being the case with councils asking communities about where they want to see cuts and reductions if essential services, like schools, roads, waste collection, child and adult protection, environmental health and social care are to continue to be delivered, every day of every year.”
A report by National Autistic Society Scotland and Scottish Autism found that 96% of people surveyed support a commissioner to promote and protect the rights of autistic people.
The organisations surveyed 1,215 autistic people, family carers and professionals working with autistic individuals.
The report urges the Scottish Government to move forward on its commitment to establish a Commissioner “sooner rather than later”, with public consultation now delayed until late 2023.
The survey asked respondents to rank priorities for a commissioner; the majority indicated that the commissioner should hold local authorities, service providers and the Scottish Government to account in providing adequate support to autistic people and their families.
Fifty-eight percent of survey respondents indicate that they need mental health support for themselves or for an autistic person they support, and 49% said they need support in education. Yet first person accounts from autistic people and families in the report show that too many are struggling to get the support they desperately need from public services.
Nicola Cameron, the parent of Alex who is autistic, said: “Our experience has been prolonged, frustrating, and confusing. After six years we are finally getting some clarity on Alex’s support needs.
“But it is upsetting to have lost critical years that could have been used to make his school experience easier. We have been left to navigate the system on our own, learning as we go and funding everything ourselves. And still we have not heard from CAMHS.
“It is clear resources are stretched and children like Alex are being failed by the services that are meant to help them. Support for young autistic people involves different professions and, because each autistic person is individual, the journey cannot ever be linear.
“But it can be easier. We feel that a commissioner for autistic people could help to create a more joined up system that prioritises individuals’ needs, and fights for recognition of the autistic community.”
Rob Holland, Director of the National Autistic Society Scotland said:“The commitment to establish a Commissioner for autistic people and people with a learning disability was an SNP manifesto commitment at the last election, but we’ve only inched forward and now with the delay in the Public Consultation until the end of this year there’s a very real concern that this important work is simply not being prioritised.
“The longer the delay the longer diagnosis waiting lists grow, the longer people go without the care and support they need, the longer people are stuck in hospital, and the longer children wait for support in school.”
Charlene Tait, Deputy Chief Executive of Scottish Autism said:“Every day we encounter individuals and families whose human rights are being breached as a result of a lack of accountability within the system.
“All too often it feels like the system works against autistic people and their families, when it should be working for them. They need a Commissioner in their corner.
“We consider that the creation of a Commissioner is a necessity, and we call on the Scottish Government to develop a sense of urgency on this issue.”
Nursing trade union Royal College of Nursing (RCN) Scotland has paused a formal announcement of strike action in response to further talks with the Scottish government.
The decision follows a meeting with the First Minister and RCN General Secretary and Chief Executive Pat Cullen today and talks this week between Scottish government, the RCN and the other trade unions currently in dispute regarding NHS pay (the GMB and Royal College of Midwives) to consider a roadmap to resolving the dispute. The Scottish government was fully aware that an announcement on RCN strike dates was imminent.
The overwhelming mandate for strike action from RCN members in Scotland has been instrumental in securing these further negotiations.
The proposal from Scottish government includes:
Negotiations for the 2023/24 NHS Agenda for Change pay offer to commence on an accelerated timetable starting next week with an aim of concluding by the end of February
A commitment to an additional payment equivalent to three calendar months value of the difference between the 2022/23 and the agreed 2023/24 pay rates
A firm commitment from Scottish government to a full review of the Agenda for Change framework in Scotland to ensure nursing is recognised and rewarded with a clear route for career progression
A commitment to match any NHS pay increase in England for 2023/24 if it is higher than that agreed in Scotland
A commitment to invest any additional consequentials for NHS pay in England for 2022/23 in NHS pay in Scotland for 2022/23.
Scottish government would also support NHS employers to agree an extension of the RCN’s ballot mandate for strike action beyond early May if required.
Pat Cullen, RCN General Secretary and Chief Executive said: “The Scottish government has shown a willingness to return to the negotiating table and to act to address the nursing workforce crisis. The pressure from you, our members, has been key to these negotiations moving forward. We need to see this process through in good faith.
“Our members in Scotland are being listened to and the First Minister is in no doubt that we will take strike action if the proposals being outlined do not deliver a significant improvement by the end of February.”
Colin Poolman, RCN Scotland Director told union members: “You have said enough is enough and that was before the current pressures trying to care for patients and keep services running.
“We know it is frustrating that things are not moving more quickly but things are moving. While the Scottish government repeated their assertion that there is no more money for NHS pay in 2022/23, it was my strong mandate from you that led to the positive discussions this week and the commitment to keep negotiating.
“The Scottish government needs to do more and to take this opportunity to do the right thing, for nursing and for patients. These new pay negotiations must acknowledge the safety critical role of nursing.”
First Minister Nicola Sturgeon chaired a further meeting of the Scottish Government’s resilience committee (SGoRR) yesterday to discuss the ongoing pressures on the health and social care system.
The group met on Friday morning and assessed issues including the latest situation with respiratory infections, pressures throughout the system, and ongoing work to reduce rates of delayed discharge.
The SGoRR meeting was also attended by Deputy First Minister John Swinney, Health Secretary Humza Yousaf, other Cabinet ministers, the Chief Medical Officer and key partners from across the system including senior representatives from NHS boards, COSLA, Integration Joint Boards, NHS24 and the Scottish Ambulance Service.
Earlier this week, Health Secretary Humza Yousaf announced a number of additional measures to address demands on the system, including £8 million to procure around 300 additional care home beds, and NHS24’s plans to take forward recruitment of around 200 new starts before the end of March.
The First Minister’s handling of the health crisis was criticised by opposition parties at Question Time this week and Conservative leader Douglas Ross also called for the sacking of Health Secretary Humzah Yousaf.
The First Minister said: “It is clear that pressure on the NHS and social care system continues to be very high, and that we need to maintain our emphasis on doing everything we can to help the service through the remainder of the winter.
“The measures set out by the Health Secretary earlier in the week will help to address some of the main issues – easing delayed discharge by purchasing additional care beds for those who are fit to leave hospital, and ensuring adequate resource is in place for NHS24.
“The focus of today’s meeting was to ensure that we keep pushing ahead with every possible step to support our tremendous health and social care staff, and ensure the people of Scotland continue to get the care and treatment they need. I would like to thank every single person working in the NHS and care system for the tremendous contribution they are making.”
