Despite improved transparency, a Parliament committee has found that inconsistency, bureaucracy, and inflexibility are still creating challenges for small businesses and third sector organisations looking to participate in public procurement.
A decade on from the introduction of the Procurement Reform (Scotland) Act 2014 (the Act), Holyrood’s Economy and Fair Work Committee has explored how the Act is operating.
Intended to support economic growth with procurement systems which were transparent, fair and business friendly, the Act put in place regulation for public procurement contracts above certain financial thresholds.
During its inquiry, the Committee heard from businesses and the third sector, as well as local authorities and the Scottish Government.
The Committee found that while the Act’s improvements to transparency were welcomed, there were still challenges which made navigating public procurement difficult, with one witness giving the Act a “C+ for its performance.”
Challenges experienced by witnesses included inconsistency across contracting authorities and heavy bureaucratic load.
The Committee’s report makes a number of recommendations to improve the system including:
Ensuring that the Public Contracts Scotland website is updated to make it once again “best in class”.
The Scottish Government should work with contracting authorities to drive consistency and reduce administrative burden.
A uniform process for the provision of feedback should be developed.
Speaking as the report launched last week, Committee Convener Claire Baker MSP said:“Public procurement plays a vital role in the Scottish economy, involving small business, the third sector and public bodies.
“But with more than ten years now passed since the Act came into force, it is time to reflect on whether the ambitious aims are being met.
“There is no doubt that the Act has had a positive impact on increasing transparency of procurement processes which of course is to be welcomed. But for too many businesses, especially new or small businesses, there is still confusion and inconsistency. all of which is causing a barrier to those who may want to engage.
“Our report calls for a number of changes which would have a real impact to ensure that the bureaucracy and inflexibility can be addressed.”
During its inquiry, the Committee also found that the Act had contributed to an increase in Scottish procurement. However, the report makes clear that the Committee believes more can be done to increase local procurement.
The Committee noted the results from the community wealth building pilot areas and called for the principles and lessons learned to be fully embedded in procurement processes.
CAMPAIGNERS piled electrical waste outside the Scottish Parliament ahead of today’s final debate on a new Circular Economy law. They say MSPs need to do more to improve the way electrical waste is managed and are calling for changes in the final version of the law.
The circular economy bill is being debated and voted on in the Scottish Parliament this week (Tuesday 25 and Wednesday 26 June). This is the last chance for MSPs to improve the bill.
The new law should bring in policies to create a circular economy in Scotland where materials are used sustainably and fairly. However, it’s been criticised for its lack of ambition and focus on disposal rather than reduction and reuse of products, which can lead to greater social and environmental benefits.
Friends of the Earth Scotland are campaigning for the circular economy bill to include a plan for the materials required in the transition away from fossil fuels, many of which are used in consumer electronics too.
Every mobile phone and laptop is powered by precious materials such as lithium, cobalt and copper. Inadequate waste management systems means that these materials are often thrown away rather than being reused or recycled. Less than 1% of lithium is recycled, despite it being required for electric vehicles.
Many of these materials come from mines in the Global South, including Chile, the Philippines and the Democratic Republic of Congo, which exploit local communities, create pollution and increase carbon emissions.
The steel used in Scottish wind turbines is likely to include significant amounts of iron ore from Brazil, where there have been two major tailing dam disasters in the last decade. A 2019 disaster in Minas Gerais killed at least 244 people.
Scotland does not have a plan for how to manage these transition minerals. The Scottish Government’s draft Energy Strategy includes plans for electrifying vehicles but fails to consider where the lithium needed to do this will come from.
Kim Pratt, Circular Economy Campaigner at Friends of the Earth Scotland said: “The scale of electronic waste in this country is shocking. All of the waste that we’ve gathered today came from simply asking around – most of us have something sitting in a cupboard because we don’t know what to do with it.
“Electrical waste contains precious material which is lost when these items are thrown away. Scotland can’t afford to keep treating electrical products, and the precious materials they contain, as disposable.
“Reducing our consumption of the materials used to create these products, by increasing reuse and repair, is essential to reduce the harm being done to people and the environment. The new circular economy law also needs to include a plan for these minerals, which are required for our transition away from fossil fuels. If the law does this, it has the potential to have a big impact in creating a fairer and more sustainable future.”
Key facts about e-waste:
– In the UK, the average person generates 24kg of e-waste every year, that’s the second highest in the world, behind only Norway. The UK is on course to overtake Norway and become the world’s largest contributor to e-waste this year (2024). The global average is 7.3kg. – Globally, e-waste has increased 21% in 5 years to over 50 million tonnes. The total value of the raw material dumped annually is estimated to be £46 billion. By 2030, it’s predicted the world will throw away nearly 75 million tonnes of e-waste. – Only 17% of e-waste is recycled. – There are, on average, 2 mobile phones for every person on the planet. Only 9% are recycled. – A typical iPhone is estimated to house around 0.034g of gold, 0.34g of silver, and 0.015g of palladium. It also contains the less valuable but still significant aluminium (25g) and copper (around 15g). – One tonne of iPhones would deliver 300 times more gold than a tonne of gold ore and 6.5 times more silver than a tonne of silver ore.
This week is Deafblind Awareness Week. However, did you know that Scotland does not formally recognise Deafblindness as a distinct disability?
Deafblind Scotland, with the support of the Cross Party group on Deafness, have been calling on the Scottish Government to formally recognise deafblindness as a distinct disability in Scotland.
The ALLIANCE supports the definition of Deafblindness – can you?
As part of Deafblind Awareness Week, Deafblind Scotland will be recognised for the work they have been doing at a parliamentary reception at the Scottish Parliament on 26th June.
The Scottish Parliament’s Cross-Party Group (CPG) on Bangladesh has called for action to promote educational links between Scotland and Bangladesh.
The CPG met on Wednesday 19th June 2024 and received updates from Convener Foysol Choudhury MSP and Deputy Convener Miles Briggs MSP, H.E. Saida Muna Tasneem, High Commissioner of Bangladesh to the UK, Peter Brown, Director of British Council Scotland, Dr Ibrahim Rashid, PhD Fellow from Stirling University and members of the Scottish Bangladeshi diaspora.
The High Commissioner was also joined by Mohammad Hazrat Ali Khan, Deputy High Commissioner, Tanvir Mohammad Azim, Commercial Counsellor, Wing Commander Md Saifur Rahman, Assistant Defence Adviser and Moumita Zeenat, Counsellor (Political).
The CPG meeting focused on education and followed on from a CPG visit to Dhaka last November 2023, where the CPG met with H.E. Sheikh Hasina and the Foreign Minister Dr A.K. Abdul Momen to discuss the importance of generating shared links between education institutions in Bangladesh and Scotland.
MSP Choudhury and MSP Briggs updated the CPG on Wednesday night on how they have already met with Scottish Universities to start the conversation and discuss how to move forward with opportunities for education and research collaboration, specifically around agriculture, climate change and fishing.
MSP Choudhury said: “The CPG is all about building the relationship between Scotland and Bangladesh in areas of shared importance.
“There is a definite need to bridge a gap and reinforce educational collaboration with Scottish and Bangladeshi universities, such as via creating Scottish University campuses in Dhaka and beyond.
“We have already written to H.E. Sheikh Hasina, had discussions with High Commissioner, Saida Muna Tasneem, contacted Universities Scotland’s Connected Scotland Partnership and the British Council.
“It was fantastic to hear the update from the High Commissioner and British Council at the CPG meeting this week to hear their commitment to building educational links and opportunities between Scotland and Bangladesh-as well as from some students to learn why educational collaboration is so beneficial!
“We look forward to continuing this collaboration between Scotland and Bangladesh on education and other areas such as climate change, and seeing our global partnership go from strength to strength.”
The CPG also got an update on many more areas of development between Scotland and Bangladesh, including cultural endeavours via the Edinburgh Military Tattoo.
The Scottish Parliament CPG on Bangladesh says it will continue to build these links and shared endeavours between Scotland and Bangladesh, exploring matters on the world stage and also for the domestic Bangladeshi diaspora in Scotland.
Join us in your Scottish Parliament to have your say on the issues that matter to you
The Scottish Parliament’s Festival of Politics returns this August with a five-day programme of over 30 events, taking place in the home of Scottish politics at Holyrood.
Our 20th Festival will take place between Monday 19 to Friday 23 August and will provide festivalgoers with informed debate and inspiring topics on a range of social, political, and environmental issues facing the world today.
This year we mark two significant milestones in Scotland’s political history, the 25th anniversary of the Scottish Parliament and the 20th anniversary of the Holyrood building. With several events focusing on the future of the institution in Scotland.
Benedetta Tagliabue, architect, partner and widow of the visionary creative Enric Miralles, who designed the Scottish Parliament building will join the Presiding Officer in conversation on the opening day of the Festival.
This event will also feature excerpts from the opera ‘Mai per Atzar’ (Never by Chance) originally staged in 1997 for the opening of the Miralles Tagliabue EMBT studio in Barcelona, with lyrics by Valerio Ferrari and music by Roberto Cacciapaglia.
The excerpts from the original Opera, together with new music in honour of Enric Miralles, will be performed live by world leading composer and pianist Roberto Cacciapaglia in the Parliament’s Debating Chamber.
There will also be leading experts from the worlds of politics, the arts, business, the media, academia and the third sector who will join us for a deep dive into issues dominating the news agenda. Join in and have you say on everything from the impact of artificial intelligence to Scotland’s ambitions in the space sector, to young people and mental health.
The Presiding Officer of the Scottish Parliament, Rt Hon Alison Johnstone MSP said: “Every year, the Festival of Politics aims to explore some of the big issues that feature in day-to-day politics, in the media and in wider civic Scotland.
“The Festival offers an opportunity to take up a seat in your Parliament, to hear from a range of experts, aiming to inspire debate and inform our thinking.
“This year as we celebrate our 25th anniversary, we present an exciting and varied programme of events, music and exhibitions.”
In association with the Edinburgh International Festival, the first day of the Festival will also feature the impressive outdoor opening celebration of Healing Arts Scotland featuring a Scottish Ballet community cast accompanied by 200 musicians including performers from Oi Musica, Samba Y Bamba, The National Youth Pipe Band of Scotland and the piping super group TRYST.
The specially curated dance piece will be performed to ‘Mackay’s Memoirs’ by the late Scottish Celtic fusion artist Martyn Bennett. Healing Arts Scotland is a country-wide week-long activation, celebrating and advocating for improved physical, mental and social health through the arts.
In addition, there is a lively free programme of music, choirs, dance and exhibitions in the Festival Café Bar.
The Scottish Parliament’s Delegated Powers and Law Reform Committee has welcomed the proposals in the Judicial Factors (Scotland) Bill, which aims to consolidate and update laws related to judicial factors.
However, the opportunity for the Bill to clarify how judicial factors can work with the families of missing people cannot be missed, according to the Committee’s report.
A judicial factor is a person appointed by the court to gather in, hold, safeguard, and administer property, which is not being, or would not otherwise be, properly managed. At present, most judicial factors are solicitors or accountants.
The position has existed for hundreds of years, with the substantive law in the area currently dating back to 1849 and 1889. The Bill also repeals even older court rules, including an Act of Sederunt from 1690.
Through its consideration of the Bill, the Committee has come to appreciate the vital role that judicial factors are able to play in many circumstances including working with solicitors’ firms in certain circumstances, businesses, when partnerships which break down and the estates of deceased people, when needed.
In particular, the Committee has made recommendations which it believes would clarify how a judicial factor can help in cases of missing people. The ability of a judicial factor to step in and manage the affairs of a loved one is a key point raised in the Committee’s report.
To make it clear that judicial factors can be appointed in such cases, the Committee has recommended the inclusion of an explicit statement in the Bill that it is competent to appoint a judicial factor to the estate of a missing person.
The Committee’s report also supports work to improve advertising, guidance and advice to make the Bill more accessible for families and legal professionals who are looking after the estates of missing people.
Stuart McMillan MSP, Convener of the Delegated Powers and Law Reform Committee said:“Most people in Scotland may not be familiar with judicial factors or their work, but during our evidence sessions we were able to learn more about their vital role.
“We are broadly content with the proposals in the Bill, which will update the laws around judicial factors that date back hundreds of years and bring welcome clarity.
“However, we do believe that these updates present the Parliament with an opportunity to go further to really ensure that judicial factors work for the loved ones of people who go missing.”
The Judicial Factors (Scotland) Bill was introduced in response to recommendations made by the Scottish Law Commission.
It is anticipated that the Parliament will consider the Bill in a Stage 1 debate this autumn.
Join the Net Zero Committee for an expert panel discussion on the Land Reform (Scotland) Bill.
The discussion will be led by Edward Mountain MSP, who says: “[This] Bill re-opens a political debate about land; how it is used and managed; how it can contribute to Scotland’s environmental objectives and how it can be used to strengthen rural economies and communities.”
Upper Foyer, Highland Hall at 2pm on Friday 21 June.
Holyrood’s Net Zero, Energy & Transport Committee is set to host an expert panel discussion and open forum Q&A on the new Land Reform (Scotland) Bill at this year’s Royal Highland Show.
Committee Convener, Edward Mountain MSP, will chair the event which will take place on Friday 21 June from 14.00 – 15.15, in the Upper Foyer of the Royal Highland Centre’s Highland Hall.
Panellists set to take part in the discussion include;
Andy Wightman, Land Campaigner, former MSP, forester & owner of ‘Who Owns Scotland’ website
Prof Andrew Barnes, Head of Rural Economy, Environment & Society, Scotland’s Rural College (SRUC)
Christopher Nicholson, Chairman, Scottish Tenant Farmers Association
Sarah-Jane Laing, Chief Executive, Scottish Land & Estates
Hamish Lean, Partner & Head of Rural Property, Shepherd and Wedderburn
Committee Convener, Edward Mountain MSP, said; “Having recently received over 100 responses to our ‘call for views’ on the Bill, we are in no doubt of how passionate stakeholders, the length and breadth of Scotland, are about the topic of land reform.
“The Bill re-opens a political debate about land; how it is used and managed; how it can contribute to Scotland’s environmental objectives and how it can be used to strengthen rural economies and communities.
“It also seeks to make agricultural tenancy law fit for the 21st century, and more responsive to environmental concerns. In doing so, it rebalances the landlord-tenant relationship and it is crucial for us to consider whether the Bill gets the balance right.
“With such an informed line-up of panellists and an anticipated audience of passionate stakeholders, we look forward to hosting an event that will really allow us to capture and discuss some of the key issues at play.”
Regulations, including safeguards, approved by MSPs
The Scottish Parliament has approved the early release of some short-term prisoners to address the impacts of a recent rapid rise in the prison population.
Under current modelling, based on the criteria set out in the regulations approved by Parliament, around 514 eligible prisoners will be released in four tranches from the 26 June.
Public safety will remain a priority, and underpin all decisions, with safeguards built in. Only prisoners serving less than four years and due to be released within 180 days are eligible for release.
Certain categories of prisoners are automatically excluded and not eligible for early release under the plans; that is any prisoner who: is serving a life sentence, is on the Sex Offenders Register, is subject to a non-harassment order, or who has an unspent conviction for domestic abuse.
As an additional protection, prison governors will have the power to veto the release of any otherwise eligible prisoner, if they deem them an immediate risk to a specific individual or group.
In addition, the regulations ensure that victims will be able to receive information about the release of a prisoner in their case through, or as well as, a named victim support organisation, where the victim has requested it.
Justice Secretary Angela Constance said: “Immediate and urgent action is needed to deal with the significant recent rise in the prison population. The same challenges in prisons are faced across the UK and the UK Government has taken similar action in England and Wales.
“Through this emergency early release plan, backed by Parliament, we are responding to this critical situation and ensuring the safety and welfare of staff and prisoners.
“Protecting the public remains my absolute priority, which is why there are significant and robust safeguards in place and only those due to be released in the next short while are eligible. Releases will also be completed in tranches so the necessary support can be provided to safely resettle released prisoners in their communities.
“We are working with victims organisations to ensure the right information and support is available where needed. In addition, the existing statutory schemes of information for victims will continue to ensure that victims who wish to receive information about an offender’s release, including emergency early release, can do so.
“This is part of a significant package of measures we are taking in both the short and longer term to deal with the continuing rise in Scotland’s prison population, which remains one of the highest in Western Europe.”
SAVE Britain’s Heritage has launched a public petition calling on the Scottish Parliament to host a national debate to bolster safeguards for threatened listed buildings
The petition, validated on 6th June 2024 by the Scottish Parliament, calls for an urgent Parliamentary debate to address a gap in legislation that leaves listed buildings across the country vulnerable to demolition.
The current loophole allows councils to demolish listed buildings under emergency public safety powers without providing evidence to justify their actions.
The case follows the highly controversial demolition of Category B listed Ayr Station Hotel by South Ayrshire Council which is still on going.
It has been carried out due to public safety concerns, following a major arson attack last year, but without the reports or surveys to justify the decision being made public and without providing evidence that alternatives to total demolition were robustly explored.
While fully recognising the paramount importance of making dangerous buildings safe, enhanced guidance is needed to address this policy gap, setting out the minimum structural evidence and process before undertaking demolition works to listed buildings on public safety grounds, including when consulting national heritage advisor Historic Environment Scotland. This will ensure only the minimum demolition necessary takes place to make the building safe, avoiding excessive or total demolition.
SAVE’s petition is calling for policy safeguards to ensure that listed buildings like Ayr Station Hotel cannot be demolished without robust and transparent justification.
We are specifically calling for the following policy controls to be introduced alongside existing public safety legislation:
1. Enhanced policy guidance setting out the minimum evidence and processes required by local planning authorities before making decisions on demolition of listed buildings under emergency powers
2. A mandatory policy requirement for local planning authorities to engage conservation-accredited engineers in all cases involving listed buildings
Henrietta Billings, director of SAVE Britain’s Heritage, said:“We see a huge opportunity in bringing this national issue to the attention of MSPs and opening a much-needed debate on the protection of listed buildings across the country.
“These buildings are gifts to the nation from the past – and we should be taking every step necessary to ensure they are protected from unnecessary demolition – as is intended by the legislation.”
Paul Sweeney MSP, Member of the Scottish Parliament for Glasgow, said:“This petition addresses a glaring loophole in existing policy. It is not acceptable that councils can demolish listed buildings in Scotland – using so-called public safety powers – without providing evidence to show that there is no alternative to demolition.
“It is my hope that the Scottish Parliament’s petitions committee backs this petition so that we can strengthen protections of listed buildings in Scotland.”
Jocelyn Cunliffe, acting chair of the Architectural Heritage Society of Scotland, said: “The AHSS supports SAVE’s petition to the Scottish Government to provide enhanced safeguards for listed buildings across Scotland.
“Local authorities are empowered to act timeously to save listed buildings and it is imperative that all options be considered and that there are adequate checks and balances before demolition, which should be a last resort, takes place.”
Joe Traynor, director of The Scottish Civic Trust, said:“The Scottish Civic Trust endorses SAVE’s petition which encourages policy makers to respect and boost the protection of Scotland’s historic buildings.
“These need to be protected, reused and celebrated as unique to the make-up of our communities and places.”
Current conflict of interest
In cases involving the use of emergency powers on grounds of public safety, current legislation creates a potential conflict of interest for Local Authorities between the legal duty of Planning Departments to protect listed buildings under the Planning (Listed Buildings and Conservation Areas) Act 1997 and the duty of Building Control Departments to make any dangerous building safe, including via demolition, under Section 29 of the Building (Scotland) Act 2003.
The drawn-out demolition of large parts of Ayr’s Category B listed Station Hotel by South Ayrshire Council following an arson attack which damaged the building in September 2023, has brought this issue into the national spotlight.
Following the fire, the Council assumed legal responsibility for the site, with Building Control proceeding to demolish the south wing of the building, without publishing detailed evidence to justify its actions, and no requirement to gain approval from Historic Environment Scotland before doing so.
SAVE has remained consistently opposed to the council’s decision to pursue demolition and raised these issues of national heritage importance at a specially convened cross party round table at the Scottish Parliament in November 2023.
Photos published with this press release show the devastating impact of the demolition of the Station Hotel’s highly ornate south wing – and subsequently much more of the building.
In February, SAVE called for the retention of the listed building’s surviving north wing and tower as a key priority in South Ayrshire Council’s emerging vision for Ayr Town Centre which went out for public consultation in January 2024. These sections of the listed building were far less extensively impacted by the fire in September 2023 and could have formed the foundation for a refurbished modern railway station without tearing the heart out of the town.
However, South Ayrshire Council began demolition of the tower and a substantial portion of the north wing in April 2024, on the grounds of public safety. Yesterday, the council announced that this demolition is “on target” to be complete by 17th June 2024. A Dangerous Buildings Notice has been issued by South Ayrshire Council requiring the owner of the building to make the surviving section of the north wing safe.
SAVE’s petition, which addresses this loophole in legislation which allows councils to demolish listed buildings under emergency public safety powers without providing robust justification, was published on 6th June 2024 by the Scottish Parliament and is now open to signatures.
The next stage will be consideration at an upcoming Citizen Participation and Public Petitions Committee (CPPPC) meeting, at which point the committee will decide on what action will be taken.
This can include asking for a debate about the petition in the chamber or recommending actions for the Scottish Government. SAVE’s petition has called for an urgent Parliamentary debate.
TOURIST TAX: Local authorities empowered to invest in tourism
MSPs have backed legislation giving councils a new power to introduce a visitor levy that would raise funding for local visitor facilities and services.
The Visitor Levy (Scotland) Bill will enable local authorities to apply a levy on overnight stays with all money raised to be reinvested in services and facilities largely used by tourists and business visitors. Similar levies already apply in tourist destinations across Europe, including Amsterdam and Berlin as well as in countries outside of Europe, such as Canada.
Councils that want to introduce a visitor levy will be able to do so after they have consulted with local communities, businesses and tourism organisations.
An 18-month implementation period will then apply before any local authorities can introduce a visitor levy scheme in their area. This is to provide adequate time for councils and businesses to put in place the systems needed to collect and administer a levy.
An expert group of representatives from the tourism industry, COSLA and other partners will continue to work together to produce guidance for local authorities putting in place a visitor levy scheme.
Investment Minister Tom Arthur said: “We share a vision with the tourism industry for Scotland to be a global leader in tourism and one of the most economically, environmentally and socially sustainable destinations in the world.
“A visitor levy can help achieve that vision by empowering councils to raise funding, if they wish to do so, that can be invested in local visitor services and activities.
“This Bill has been a clear example of partnership working between the Scottish Government, local authorities and the tourism industry, in line with the New Deal for Local Government and New Deal for Business.
“We have sought to deliver as much flexibility to local authorities as possible and to listen to businesses to make it as easy as possible for them to adopt these measures.”
Councillor Katie Hagmann, COSLA’s Resources Spokesperson, said: “I am extremely pleased that the Visitor Levy Bill has now passed through stage 3 in Parliament. With the introduction of these new Visitor Levy powers, councils across Scotland will have the ability to use a discretionary mechanism, that is firmly based on local flexibility.
“The opportunity of these new powers recognise the great diversity of Scotland’s communities, acknowledging that a one-size-fits all approach does not work. It will allow councils to respond to the needs and circumstances of both the local communities and our important visitor economies.
“The revenue raised through the introduction of visitor levy powers will be to the mutual benefit of residents, tourists and businesses. There will be opportunities for much-needed additional investment, potentially available across a range of facilities and services, from transport and culture to maintaining and improving our world-famous natural heritage and environment.
“The visitor levy is a crucial step towards greater empowerment for local government, and we will continue to progress joint work with the Scottish Government in ensuring the smooth progression of these powers into the hands of councils across Scotland.”
Council Leader Cammy Day has welcomed the Scottish Parliament’s decision to pass the Visitor Levy Bill.
He said: “We will continue to work closely with the sector, @VisitScotland and other partners to develop the scheme in the months and years ahead.”
Former Edinburgh city council leader SNP Cllr Adam Nols-McVey said: “Delighted to see this pass! It took a great deal of work, determination, engagement & collaboration when I led this process & changed @scotgov policy.
“The tourist tax can create investment for Edinburgh to help communities & local businesses thrive!”
The earliest a visitor levy could come into force would be spring 2026.
Upper Foyer, Highland Hall at 2pm on Friday 21 June.
