Tag: Scottish Parliament

Holyrood committee: Lack of detail and narrow criteria hamper proposed mental health debt relief

A Scottish Parliament committee has expressed its concern with proposals to support people experiencing mental health issues and struggling with debt.

The Bankruptcy and Diligence (Scotland) Bill proposes introducing a “mental health moratorium” – meaning people suffering from poor mental health would be protected from some debt recovery action while their health improved.

However, the Bill proposes that only those subject to compulsory mental health treatment would be protected.

The Parliament’s Economy and Fair Work Committee has called on the Government to extend the criteria to include more people experiencing a mental health crisis, so vulnerable people are not left behind by the new scheme.

Economy and Fair Work Committee Convener Claire Baker said: “The Committee is broadly supportive of this Bill and its aims. The idea of a mental health moratorium will be very helpful to those who need it.

“However, we are concerned that the proposed narrow criteria will mean this Bill does not help enough people, and the Bill should be looked at again with this in mind.

“We are calling on the Scottish Government to extend the criteria to allow more people experiencing a mental health crisis to lean on this support.

“Experts suggested various alternative approaches, and we hope the Government will listen to their views.

“We also believe that this is an opportunity to increase the amount protected for debtors during an earnings arrestment, and further protect vulnerable people from destitution.”

The Committee also criticised the lack of detail around the proposals made available while it was taking evidence.

Crucial information concerning how the moratorium would work was not made available when the Bill was introduced, and more detail won’t be available until the Government sets it out in regulations.

The Committee heard from Minister for Community Wealth and Public Finance Tom Arthur that the Government would “endeavour” to produce draft regulations ahead of stage 3. 

Ms Baker added: ”The Committee looks forward to working with the Government further on these proposals. The Government has indicated they will bring forward draft regulations, and the Committee will look carefully at these.

“It is vital that the Committee has a chance to scrutinise these regulations before the Bill is passed, so that the detail of these proposals can be fully examined.”

Choudhury: Third sector community organisations crying out for support

A Labour MSP for Lothian has rung alarm bells about the barriers to funding for small, community-based organisations.  

Foysol Choudhury yesterday (17th January) hosted a roundtable at the Scottish Parliament for third-sector community organisations to discuss the current funding model, barriers to access for smaller organisations, and what lessons could be learnt. 

 The roundtable attendees and MSPs heard from Citadel Youth Centre, Edinburgh and Lothians Regional Equality Council (ELREC), EVOC, North Edinburgh Arts and The Larder.  

Mr Choudhury is Chairperson of ELREC and will be well aware of the challenges faced by third sector organisations.

Following the roundtable, Foysol Choudhury praised the work of these third-sector organisations in working so closely with, and to benefit of, local communities. He said, however, that more could be done to support these vital organisations to be more included in the funding process: 

“The third sector in Scotland is a vital contributor to both the economy and society as a whole.   

“The recent Scottish Budget announcements have left many organisations in the third sector unable to be sure of secure funding for the year ahead, directly impacting on their ability to provide vital services to communities when they need it the most post-pandemic and during the cost-of-living crisis.   

“It was made clear from today’s discussion that sustained, long-term and fair funding is needed for the sector. 

“Some third sector organisations may be smaller, but they have a big impact and they must be consulted with and represented in the Scottish budget. 

“This is especially true where they cater to minority communities and exclusion from the budget may increase inequalities for those communities.” 

Mr Choudhury says that the conversation at the table today was positive and collaborative but that the organisations were also “crying out for more support and recognition of their vital work”.  

Organisations at the roundtable raised how many smaller organisations were in competition with each other for grants and core funding, so the system should facilitate more collaboration.

Other groups also raised how smaller organisations are missing out on funding because they don’t meet criteria, or don’t have the experience and funds to hire fundraisers to make applications like many bigger organisations do.

Mr Choudhury says he will continue to build on this constructive conversation and represent small third-sector community organisations in the Scottish Parliament, pressing for more funding and consultation wherever possible.

Budgets are about spending priorities, and Labour trails both the SNP and the Conservatives at Holyrood. Elections to the Scottish Parliament will not take place until May 2026.

Of more immediate concern for voluntary sector organisations is the current budget process. The city council (a Labour-led coalition with Lib-Dems and Conservatives) is looking at further cuts as it sets it’s budget for 2024 – 25.

Councils blame the Scottish Government for funding cuts while Holyrood in turn blames the UK Government at Westminster. It’s a blame game that’s gone on for as long as I can remember, and while the politicians bicker, the poorest communities – and the charities and voluntary sector projects that support them – bear the brunt and feel the pain of service cuts.

That’s got to change – but sadly change, if it comes, will come too late for many – Ed.

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.”