Reform needed to industrial injuries benefits, says Holyrood Committee

A Holyrood Committee has concluded that reform to the way Scotland manages and delivers benefits related to industrial injuries and ill health at work is needed, but, has agreed by majority that the Scottish Employment Injuries Advisory Council Bill will not deliver this.

The Bill, introduced by Mark Griffin MSP, proposes that a Scottish Employment Injuries Advisory Council be established to provide expertise about support for people living with a workplace injury or disease.

Industrial Injuries Disablement Benefit is currently delivered by the UK Government’s Department for Work and Pensions on behalf of the Scottish Government. The delivery of this benefit is expected to become the responsibility of the Scottish Government in March 2026.

Witnesses characterised the current Industrial Injuries Scheme as failing to deliver for women and people from ethnic minority backgrounds. They also said that the current system is slow to effect change and does not consider modern occupations and diseases. The Committee understood and agreed with these concerns.

However, the Cabinet Secretary, Shirley-Anne Somerville, told the Committee that, even if the Bill was given Parliamentary approval, the Scottish Government would not be able to act on any recommendations the Council made regarding the benefit as it is constrained by its current agreement with the Department for Work and Pensions.

Furthermore, the Committee’s report raises concerns that the creation of a new, statutory body (which would work alongside other public bodies, like the Scottish Commission on Social Security), would add to an already cluttered public body landscape, making the social security system more complex to administrate.

The Committee did, however, share the frustration of witnesses and Mr Griffin regarding delays to the promised Scottish Government consultation on its approach to replacing the Industrial Injuries Scheme in Scotland.

The Committee urges the Scottish Government to provide detailed timings for this consultation.

Collette Stevenson MSP, Convener of the Social Justice and Social Security Committee, said: “The current Industrial Injuries Scheme, at over 70 years old, is inadequate. It fails to take account of modern work practices and diseases and does not deliver for women or people from ethnic minority backgrounds.

“However, a majority of the Committee believe that this Bill would not provide the reform that stakeholders want to see and recommend that it should not be agreed to.

“Instead, we call on the Scottish Government to urgently provide detailed timings for the consultation on its approach to replacing the Industrial Injuries Scheme in Scotland, so that workers who are injured, or suffer from ill health, because of their employment, can access the compensation they deserve.”

MSP: Post Office Horizon scandal is “catastrophic miscarriage of justice”

Scottish Labour MSP Foysol Choudhury yesterday (9th January 2024) raised concerns in the Scottish Parliament about the “catastrophic miscarriage of justice” that is the Post Office Horizon scandal.

Between 1999 and 2015, more than 700 sub-postmasters and sub-postmistresses  were convicted after Fujitsu’s faulty Horizon software used by the Post Office made it look like money was missing.

Many maintained their innocence and after decades of campaigning, won the right for their cases to be reconsidered. The scandal is now back in the public spotlight after an ITV drama depicted the case.

In 2020, the Scottish Criminal Cases Review Commission (SCCRC) wrote to at least 73 potential victims of the Horizon scandal in Scotland. However, as of the end of 2023, reportedly only 16 of those had come forward to ask for a review of their conviction. 

Mr Choudhury questioned the Cabinet Secretary for Justice, Angela Constance, on how the Scottish Government will ensure that all others potentially wrongfully convicted are supported in coming forward if they wish for their conviction to be overturned.

Mr Choudhury said afterwards: “There are many people potentially affected by wrongful convictions in this scandal who have not yet come forward to ask for a reconsideration. 

“There are many more who were not convicted but for whom the false accusations severely impacted their reputation, career, relationships and mental health.  

The Scottish Government must continue to liaise with the Crown Office and Procurator Fiscal Service (COPFS) regarding the number of people in Scotland who were prosecuted and how a Scotland-specific response can be established by COPFS, who hold sole responsibility for prosecutions in Scotland .

When I asked the Cabinet Secretary today, she dodged the question about whether the Scottish Government expects to be liable for the compensation costs, instead referring to the UK Government compensation scheme. 

“The Scottish Government must urgently consider what liability Scottish authorities hold for victims in Scotland who were wrongfully prosecuted.

Mr Choudhury also asked the Scottish Government if it has held discussions with the UK Government regarding the responsibility of Fujitsu in this scandal, highlighting that Fujitsu have not faced any financial repercussions and have reportedly been awarded more than 150 Government contracts since the scandal.

The Lothian list Labour MSP says he will continue to fight for justice on behalf of his affected constituents.

Prime Minister Rishi Sunak says the government will bring in a new law to “swiftly” exonerate and compensate victims of the Post Office scandal.

He told MPs at PMQs today that, as part of this, there will be a new up-front payment of £75,000 for 555 former postmasters who brought a group lawsuit.

Holyrood Committee to scrutinise amendment to Gender Representation on Public Boards Act

A change to the Gender Representation on Public Boards Act 2018 will be scrutinised by Holyrood’s Equalities, Human Rights and Civil Justice Committee.

The Gender Representation on Public Boards Amendment (Scotland) (Bill) was introduced by the Scottish Government to amend the 2018 Act. The new Bill will remove the definition of “woman” in section 2 the 2018 Act, following a decision of the Court of Session made on 18 February 2023.

The specific definition that this short Bill will remove is: ““woman” includes a person who has the protected characteristic of gender reassignment (within the meaning of section 7 of the Equality Act 2010) if, and only if, the person is living as a woman and is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of becoming female”.

The change will be scrutinised by the Committee, before it reports its findings to the Parliament as a whole.

The Committee has today opened a call for views to ensure people can share their views on the proposed change.

Kaukab Stewart MSP, Convener of the Equalities, Human Rights and Civil Justice Committee, said: “This Bill aims to make change the Gender Representation on Public Boards act, ensuring that the Parliament’s statute book is in compliance with recent rulings of the Court of Session.

“We want to ensure that the Government’s approach in this Bill does what it intends to do.

“If you have views on the proposal in the Bill, please share them with us in our call for views.”

The call for views is open today, Monday 8 January 2024, and will close on Monday 29 January 2024: 

https://yourviews.parliament.scot/ehrcj/gender-representation-public-boards-bill

Holyrood Committee Backs Visitor Levy Bill at Stage 1

‘potential to be a positive force for the tourism sector’

The majority of members on the Holyrood Committee considering the Visitor Levy (Scotland) Bill have supported the general principles behind the legislation, which would allow Scottish local authorities to introduce an overnight accommodation levy, following extensive consultation.

Publishing its Stage 1 Report today, the Parliament’s Local Government, Housing and Planning Committee said that a majority of members of the Committee support the general principles of the Bill and a majority of members again found that it was “unlikely that the introduction of a levy in certain local authority areas, assuming a relatively modest rate, would have a deterrent effect on visitor numbers and therefore on the visitor economy in Scotland.

Conservative MSPs Miles Briggs and Pam Gosal did not support several of the report’s conclusions or the general principles behind the Bill.

A majority of members however agreed with evidence from stakeholders which suggested the introduction of a levy has “the potential to bring significant benefits to visitors, the tourism sector and local residents” whilst recognising that not all of Scotland’s local authorities are expected to introduce a levy and therefore benefit directly from the Bill.

Supporting the Bill’s provision to give local authorities the ability to choose whether to introduce a levy and how to apply it locally, a majority of members of the Committee welcome “the degree of flexibility” provided and believe that this will allow councils to “design and implement it in a way that suits local circumstances.

The Committee also recognised business concerns around the timing of the legislation, following the impact of COVID-19 on Scotland’s tourism sector and the increased costs of doing business, as well as recent changes to short-term lets licensing.

The Report also said the Committee was “mindful of the concerns of accommodation providers that the introduction of a levy could result in an additional administrative burden” and welcomed the Bill’s requirements to implement localised monitoring and reporting to ensure transparency and accountability.

Considering if any levy should be a flat or percentage rate, the Committee considered this was “perhaps the most difficult aspect of the Bill in terms of determining what the right approach should be” and invited the Scottish Government to undertake further work on this area of the Bill to find a suitable solution.

The majority of members of the Committee agreed that “meaningful consultation with the tourism and accommodation sector to create a genuine sense of partnership working” would “help alleviate the concerns of many in the sector” and show that a levy should bring “long-term benefits” by improving the experience of visitors to areas where a levy is applied.

The earliest date a visitor levy could be applied by local authorities is 2026, which a majority of members of the Committee considered would provide enough time for any “outstanding issues to be resolved through engagement and consultation” with businesses and other key stakeholders.

However, the Committee also invited the Scottish Government to respond to suggestions from some councils that they should be able to introduce a levy sooner than 2026.

Commenting, Committee Convener, Ariane Burgess MSP said: “In supporting the Visitor Levy Bill at Stage 1, a majority of the members of the Committee recognise its potential to positively impact Scotland’s tourism sector.

“After thorough consultation and consideration, most members of the Committee have supported the core principles of the legislation, emphasising that a well-designed levy, at a modest rate, shouldn’t discourage visitors and should bring benefits for the tourism sector.

“A majority of the members of the Committee welcomed and support the flexibility provided by the Bill, which will enable local authorities to customise the levy’s implementation meaning that local levies are designed to suit local circumstances.

“Understanding concerns from businesses and being mindful of possible administrative burdens, a majority of members of the Committee believe that industry worries can be resolved through constructive engagement and consultation at the local level, ahead of any levy being introduced in 2026.

“For the majority of the members of the Committee the Visitor Levy Bill has the potential to be a positive force for the tourism sector, and thank the individuals, organisations and other stakeholders who provided evidence to inform this report.”

Scottish Parliament seeks input on Gaelic resources

With a commitment to continuous improvement, the Scottish Parliament is actively exploring new Gaelic resources for its website users and social media followers. As part of this initiative, the Parliament is seeking input on potential offerings.

This work follows the recent approval of The Scottish Parliament’s latest Gaelic Language Plan for 2023 to 2028 by Bòrd na Gàidhlig. The Plan lays out the commitments to supporting and promoting the use of Gaelic within the organisation.

Since the Gaelic Language Act was passed in 2005, public bodies like the Scottish Parliament need to prepare a Gaelic Language Plan every 5 years.

Earlier in 2023, the Scottish Parliament sought public input on its proposed Plan. The consultation received a range of responses, from fluent Gaelic speakers, those learning the language, and others with an interest in the language. Most of the responses expressed approval for the existing plans with some valuable new suggestions also contributed.

“Over 120 people helped us with shaping our approach to Gaelic over the next five years,” said Dr Alasdair MacCaluim, the Scottish Parliament’s Gaelic Development Officer.

“The Parliament extends its gratitude to all participants for their valuable contributions. We now want to understand what Gaelic resources our audience would find most useful going forward.”

“For example, do you have an interest in Gaelic podcasts? Would you be interested in subscribing to a monthly Gaelic newsletter? Are you currently following our Gaelic Twitter account (ParlAlba)? We’d love to hear from you.”

Ealasaid MacDonald, Ceannard (CEO) of Bòrd na Gàidhlig said: “It is important that public sector bodies like the Scottish Parliament are taking seriously the principle that Gaelic belongs to the whole of Scotland and are championing the promotion of a positive image of Gaelic, increasing the learning of Gaelic, and increasing the use of Gaelic.”

You can share your thoughts with the Scottish Parliament’s Gaelic team by emailing gaidhlig@parliament.scot

For further information or to access the latest Gaelic Language Plan, please visit https://www.parliament.scot/get-involved/gaelic

Holyrood Committee announces inquiry into Scotland’s Commissioners

DOES SCOTLAND NEED YET MORE COMMISSIONERS?

A new parliamentary inquiry examining Scotland’s Commissioner ‘landscape’ has been announced.

Holyrood’s Finance and Public Administration Committee will investigate whether a more “coherent and strategic approach” is needed for the creation of any further commissioners.

Scotland currently has seven commissioners directly responsible to Parliament. An eighth – the Patients Safety Commissioner – was agreed by Parliament in September 2023.

A further six commissioners have been proposed, or are being considered, that could potentially bring the total number to 14 by the end of this five-year session of Parliament.

Finance and Public Administration Committee Convener Kenneth Gibson said: “Seven commissioners cost £16.6m, according to budget figures for 2023/24.  Each office comes with its own staff and its own running costs. 

“The smallest cost £0.3m and the largest £6.7m.  More are being proposed, or considered, by both the government and by backbench MSPs.

“Our committee believes this inquiry is both timely and necessary.

The Scottish Government has already stated there is very little published research on commissioners in Scotland – or the UK – and little evaluation exploring their pros and cons, powers or ways of working.

“Our committee will therefore investigate whether a more coherent and strategic approach is needed for the creation of such commissioners in Scotland.”

The committee will launch a call for views in January. Oral evidence will be taken in March / April. The committee’s report is expected to be published in May / June 2024.

Advancing children’s rights in law

Amended UN Convention on the Rights of the Child Bill passed

A Bill to provide greater protection of children’s rights has been passed by the Scottish Parliament for a second time.

The United Nations Convention on the Rights of the Child (Incorporation) Bill requires Scotland’s public authorities to protect children’s human rights in their decision-making when delivering functions conferred by Acts of the Scottish Parliament. It also allows for children, young people and their representatives to use the courts to enforce their rights.

Several sections of the original Bill, which was passed unanimously in 2021, were ruled by the Supreme Court to be outwith the Scottish Parliament’s legislative competence, following referral by the UK Government. MSPs have now backed an amended bill with reduced scope.

Social Justice Secretary Shirley-Anne Somerville said: “This Bill is an important milestone in ensuring that children’s rights are respected, protected and fulfilled under Scots law.

“Although Scotland will become the first devolved nation in the world to incorporate the convention into domestic law, we are limited in what we can achieve because of the nature of the devolution settlement.

“We’ve had to limit the scope of this Bill because of legal action taken by the UK Government. That is deeply disappointing. So, while this Bill is undoubtedly a step in the right direction, it remains the case that the only way to protect children’s rights in the delivery of all public services in Scotland is for the UK Government to fully implement UNCRC. Unfortunately for Scotland’s children and young people, they remain firmly opposed to such action.”

Chair of the Scottish Youth Parliament Mollie McGoran MSYP said: “The passing of the UNCRC Incorporation Bill is an important step in Scotland’s human rights journey.

“Whilst there has been challenges, this is a momentous day for the children and young people who have long campaigned for their rights to be respected in law and I want to thank and congratulate everyone who has worked for UNCRC incorporation.

“Decision makers and duty bearers in Scotland must now work towards embedding and respecting children and young people’s rights in every aspect of Scottish life. We want Scotland to be the best place in the world to grow up and this is now an incredible opportunity to make that a reality.”

Member of Children’s Parliament Omima said: “I think the change is definitely going to be gradual.

“But I think if it is up there, and children know “all my rights do matter enough to be put into law” then they’re going to start valuing themselves more, and valuing the way that they’re treated and the way that adults especially treat them.

“I think that’s just to me a big pick up for our generation – to make us feel as if we are heard and valued as people not just as children.

The UNCRC (Incorporation) (Scotland) Bill was first passed by the Scottish Parliament unanimously on 16 March 2021.

Foysul Choudhury: Action on Scotland’s Public Health Needed Now

On Wednesday (6 December), Foysol Choudhury MSP chaired the Cross-Party Group (CPG) on Improving Scotland’s Health.

The CPG focuses on action which could be taken, such as reducing the consumption of alcohol, tobacco and unhealthy foods, to reduce illness and deaths in Scotland such as cancer, heart disease, diabetes and lung disease.  

Wednesday’s CPG saw a presentation from Paul Johnston, Chief Executive of Public Health Scotland, about Public Health Scotland’s Economy and Poverty Programme, health trends and the importance of addressing health-harming commodities.  

Following the meeting, Convener Foysol Choudhury MSP has also highlighted the concerning health disparities between Scotland’s richest and poorest communities.

Mr Choudhury said: “The concerning health trends we heard about at the meeting have raised alarm bells for me yet again about the disparity in life expectancy between Scotland’s richest and poorest communities. 

“This is something I have raised before and will continue to raise until we see improvements in the quality of life for all in Scotland-until a time when where you are born will not affect your chance to live a long and healthy life. 

“CEO of Public Health Scotland Paul Johnston noted in his presentation on Wednesday that change is possible, if we invest time, energy and resources into prevention now. 

“That is why the work of this CPG is so vital, to ensure action is taken and preventative frameworks are put in place to support the future of Scotland’s health for the next generation.” 

Three awards for Edinburgh at Holyrood’s Public Service Awards

Three Edinburgh projects were honoured at the Scottish Public Service Awards 2023 this week (December 6).

The awards, which are in their tenth year, are run by Holyrood Communications in partnership with the Scottish Government and the Scottish Parliament to help celebrate the contribution of public servants. 

Edinburgh’s response to supporting Ukrainian refugees was a standout of the evening winning two awards.

Edinburgh’s Warm Scots Welcome is a community and voluntary sector partnership which has helped welcome more than 11,000 Ukrainian refugees since the Russian invasion early last year.

The initiative, which was organised in collaboration between the City of Edinburgh Council, Edinburgh Voluntary Organisations Council (EVOC) and Volunteer Edinburgh (VE), won the Voluntary Sector Partnership Award.

The Edinburgh Ukrainian Welcome Hub also won the Commercial Partnerships Award.

This was a partnership between the City of Edinburgh Council and NatWest Group/Royal Bank of Scotland which has supported Ukrainians arriving in Scotland by providing property and facilities management, opening bank accounts, raising aid, distributing donations, volunteering, running events, giving specialist expertise, and offering women and girls tech training and employment.

Approximately 3,000 Ukrainians (representing up to 900 households), currently reside in Edinburgh, with over 350 children and young people in our education system.

There was also a victory for the Integrated Regional Employability and Skills Programme (IRES), as part of the Edinburgh and South East Scotland City Region Deal programme, which took the Project and Programme Management Award.

IRES seeks to evolve regional labour market policy and practice to drive inclusive growth, promising to deliver an additional 14,700 skill improvements across the Edinburgh and South East Scotland City Region and help 5,300 people into employment.

Council Leader Cammy Day said:I’m absolutely delighted to see the fantastic work in our city being recognised.

“Edinburgh’s solidarity and support for Ukraine and the Ukrainians who now call Edinburgh home is unwavering. These awards highlight the extensive partnership work between local government, third sector, private sector and other partners that has taken place across the city since the start of Russia’s illegal war against Ukraine in February 2022.

“As we shift our focus from welcoming our Ukrainian guests to helping with settling into their new lives here in Edinburgh, this strength of partnership is as important as ever. I’d like to wholeheartedly thank all our partners and the people of Edinburgh for all their efforts.  

“Employment, upskilling, and improving the working lives of our residents are also key priorities, and it’s great to see that these have been recognised in IRES’s award.”

Scotch Lamb goes to Parliament for St Andrew’s Day

Lamb took centre stage at the Scottish Parliament as part of Lamb for St Andrew’s Day, an initiative to encourage people across Scotland to celebrate with Scotch Lamb on the patron saint’s day.

Scotch Lamb was served, and sold out, in the canteen for Members of Parliament and staff at Holyrood, while the two key industry organisations driving the industry-wide campaign #LambForStAndrewsDay met with MSPs.

Quality Meat Scotland (QMS), which promotes the sustainable production, integrity and quality of red meat in Scotland, and the Institute of Auctioneers and Appraisers in Scotland (IAAS), the representative body for livestock marts in Scotland are behind the campaign, now in its 13th year, to make lamb synonymous with 30 November, as turkey is for Christmas and haggis for Burns’ Night.

At parliament, they spoke to a number of MSPs, highlighting the growing success of the Lamb for St Andrew’s Day campaign, which was celebrated internationally this year, both ahead of COP28 in Dubai and at the Ambassador’s Residence in Paris, and the need to support such an indigenous industry.

Sarah Millar, Chief Executive of QMS, said it was also an opportunity to discuss the economic, social and environmental influence of the £290m lamb sector in Scotland and areas for market growth.

“The export market is strong and growing due to a global appreciation of the quality of Scotch Lamb and its environmental credentials, but there is great opportunity to bring more UK consumers back to lamb to consolidate the home market,” she said.

“It ticks a number of boxes around nutrition, food miles and sustainability. Lamb production is a natural fit with Scotland’s high rainfall and plenty of available grass, producing a tasty, versatile homegrown red meat packed with nutrients.

“Every year the awareness built from the #LambForStAndrewsDay campaign has a tangible impact, boosting sales in the livestock rings as well as from retail shelves.”

Compared to beef, which in 2022 saw 19.2kg consumption per capita in Scotland, the equivalent in lamb is 2.2kg. Scotland is 186% self-sufficient in sheep meat so QMS is looking to maximise every possible market potential.

The #LambForStAndrewsDay campaign illustrates that lamb can be enjoyed on any budget and works well with different cuisines from across the world, promoted through QMS’s advertising and social media campaigns, as well as recipe inspiration on the Scotch Kitchen website.

In 2020, IAAS introduced The Lamb Bank, gathering financial and ‘lamb’ donations from across the industry to deliver lamb into schools, for free, in the last week of November. To date, 89,000 school children across Scotland have had the chance to cook, eat and learn about lamb in school canteens and Home Economics classes with 114 schools participating this year.

In the last three years, figures show that sales in the livestock marts to butchers and processors have increased every year in the month of November, demonstrating the growing impact of the campaign.

Neil Wilson said: “Our visit to Parliament today was another platform to demonstrate the positive impact of the lamb sector across the supply chain on Scotland’s economy, rural livelihoods and food security and why we need to drive lamb sales to protect and promote the profitable future of our industry.

“We had some really interesting, constructive conversations with Members of the Scottish Parliament, and it was a great that many of those we spoke to knew about the campaign, more than ever before – and that the canteen sold out of lamb!”

Cabinet Secretary for Rural Affairs, Mairi Gougeon, who met at AgriScot with both the Chair of QMS, Kate Rowell, and the President of IAAS, Alan Hutcheon, as part of Lamb for St Andrew’s Day, said: “I am pleased to be involved in this year’s Lamb for St Andrew’ Day campaign.

“This year, Scotch Lamb will be on the plates of decision-makers from Paris to Dubai. This is an excellent opportunity to showcase the very best that our sheep producers have to offer.

“The high quality of Scottish lamb gives it mass appeal to customers, and I know that this year’s campaign will help to enhance this message across the globe.”

The initiative is also supported by National Farmers Union (NFU) Scotland and the National Sheep Association (NSA). QMS provided Scotch Lamb for The National Sheep Association in Scotland St Andrew’s Dinner in Lauder this week, held for 100 people from across the industry.