How is Devolution Changing Post-EU?

How is devolution changing post Brexit? This is the key question being asked in a major new inquiry announced yesterday.

Following its recent report on the impact of Brexit on devolution, Holyrood’s Constitution, Europe, External Affairs and Culture Committee has begun work to engage businesses, civic society and the wider public on this fundamental constitutional issue.

In that report, the Committee concluded that there are fundamental concerns which need to be addressed in relation to how devolution works outside the EU.

The Committee’s view is that there is a need for a much wider public debate about where power lies within the devolution settlement following the UK’s departure from the EU.  This needs to address the extent of regulatory autonomy within the UK internal market.

The Committee highlighted substantive differences between the views of the UK Government and the Scottish and Welsh Governments regarding future alignment with EU law. Differences which raise vital constitutional questions including the extent the UK can accommodate four different regulatory environments within a cohesive internal market.

Now the Committee has launched a call for views asking four key questions and they want to hear from you.

Questions include:

  • How devolution is now working following the UK’s departure from the EU including your experience of the policy-making and legislative processes;
  •  How should devolution evolve post EU exit, to meet the challenges and opportunities of the new constitutional landscape;
  • How much scope there is for regulatory divergence in areas such as environmental standards, food standards and animal welfare between each of the four parts of the UK;
  • Are there sufficient safeguards to allow regulatory divergence across the four parts of the UK in areas where there are disagreements between governments?
  • Are there sufficient safeguards to ensure an open and transparent policy-making and legislative process in determining the post-EU exit regulatory environment?
  • Is there sufficient clarity regarding the post-EU exit regulatory environment within Scotland and how it relates to the rest of the UK?

Speaking as the inquiry launched, Committee Convener Clare Adamson MSP said: “The devolution landscape has undoubtedly changed as a result of Brexit. 

“There are now significant differences between the views of the UK Government and the views of the Scottish and Welsh Governments about alignment with EU law and these differences raise fundamental questions about the way devolution works outside of the EU.

“But these questions are far from theoretical. They will have significant impacts on business, communities and lives of people throughout Scotland. This is why we have today launched an inquiry to engage with a wide range of people to try and find answers to these most difficult of questions.”

The Committee’s call for views is open until 30 November 2022.

Read more about the inquiry

Deputy Convener Donald Cameron MSP said: “In our recent report we made clear our concern about how devolution is to evolve to address the serious issues identified. Our inquiry launched today is about trying to find answers to these questions.

“We want to hear from all sectors in Scotland to try and address the issues which are facing us all.”

MSPs call for increased leadership by the Scottish Government to tackle growing demand for allotments

A Holyrood Committee has called for the Scottish Government to demonstrate increased leadership and oversight in the delivery of the Community Empowerment Act (“The Act”), as a new report exposes significant unmet demand for allotments and growing spaces across Scotland.  

Seven years after its introduction, the Local Government, Housing and Planning Committee has undertaken an inquiry into the Act, examining whether it has improved the availability of allotments and reduced the barriers to accessing them. 

The report highlights the benefits that access to land for growing can have on people’s health, the environment, food security, and on communities.  

Despite positive developments since the Act came into force, the Committee found that further action is now needed if the ambitions contained in it are to be met. 

Evidence revealed that the COVID-19 pandemic had led to a further surge in demand and the emerging cost-of-living crisis is also expected to drive up the need for growing spaces even further.  

The inquiry heard that demand for allotment space is even more acute in Scotland’s cities, with the number of people on waiting lists in Edinburgh almost doubling since 2019, rising from 3,000 to 5,600 and Aberdeen’s waiting list increasing over six-fold, from 150 to 1,000 people in 5 years. 

With demand for allotments and growing space far outstripping supply, the Committee has warned that broader Scottish Government plans for developing community growing, food growth strategies and improving access to land are all being held back. 

The Committee has made several recommendations in its report for the Scottish Government, as well as proposing actions for local government.  

Recommendations to the Scottish Government include:  

  • Increasing the leadership and oversight provided by the Scottish Government to improve access to allotments and growing spaces.
  • The creation of a national partnership forum which could foster cross-sectoral collaboration, mutual support and enable local authorities to share expertise and good practice.
  • Reflecting the importance of allotments and food growing in wider strategies such as the National Planning Framework, the forthcoming Biodiversity Strategy, and the implementation of the new Good Food Nation Bill.
  • Tackling the complexity of existing rights under the Act for ‘community asset transfers’ which were created to enable the transfer of property and land to community groups.
  • The importance of land for growing food being incorporated into planning frameworks.
  • Improved clarity about how the requirement for local authorities to publish Food Growing Strategies intersects with the new requirement to produce Good Food Nation strategies.

Commenting on the report, Committee Convener Ariane Burgess MSP said: “The Community Empowerment Act recognised in 2015 how important allotments are to communities and individuals. Whilst there have been many positive developments since then, there is still a significant and increasing demand which is not being met, and access to land remains a challenge. 

“Scotland’s appetite for improved access to allotments and growing space is flourishing, in part due to the impact of the COVID-19 pandemic, but also due to the rising cost-of-living and levels of food insecurity facing people across the country.  

“The benefits of allotments were made clear to the Committee by the many passionate individuals we met in our visits to sites and in the evidence we received. 

“These benefits extend from improving health and well-being to tackling social isolation, intergenerational engagement, education opportunities, carbon reduction and improved biodiversity. Nurturing communities’ and individuals’ interests in getting involved should be a priority for the government.  

“Our hope is that this report prepares the ground for real change and that the Scottish Government now demonstrate increased leadership and a renewed commitment to the Act to deliver on its own food growth and wellbeing ambitions.”

Sustained progress needed on Scotland’s National Performance Framework ambitions, says Holyrood’s Finance Committee

In a report published yesterday, the committee sets out a suite of recommendations aimed at ensuring the NPF is a “much more explicit” part of policy making.

This begins, says the committee, with the Scottish Government making clear how it will use the NPF in setting national policy, and in collaborating with local government and wider Scottish society.

The report also says Scottish Government funding decisions need to be aligned with NPF outcomes, and that greater scrutiny and accountability is required.

Finance and Public Administration Committee Convener Kenneth Gibson said: “The NPF remains an important vision of the type of place Scotland should aspire to be, but there needs to be more sustained progress towards achieving that vision.

“While there is no single solution, of key importance is positioning the NPF as the start of a ‘golden thread’ from which all other frameworks, strategies and plans flow, through to delivery on the ground.

“We recommend that the government explicitly set out how its policies will contribute to the delivery of specific NPF outcomes, their intended impact on NPF outcomes, and approaches to monitoring and evaluation.

“Similarly, government funding decisions should also be aligned with National Outcomes. From the wide range of organisations we heard from the NPF is not currently seen to drive financial decisions, nor is it a mechanism by which organisations are held to account for spending effectively.”

The report also makes recommendations for strengthening and refocussing scrutiny – including by parliamentary committees – over how organisations have regard to the NPF.

Holyrood Committee launches call for evidence on female participation in sport and physical activity

An inquiry has been launched into female participation in sport and physical activity by the Health, Social Care and Sport Committee.

The Committee is seeking views from individuals and organisations about female participation in sport at both a community and elite level and how female sport is supported, reported, and promoted.

The Committee is keen to understand what barriers limit female participation in sport and physical activity and what can be done to remove these. This will include investigating additional barriers to participation, such as ethnicity and disability.

Launching the inquiry, Gillian Martin MSP, Convener of the Health, Social Care and Sport Committee, said: “During our inquiry into the health and wellbeing of children and young people, we heard evidence of a significant decline in participation in sport and physical activity by adolescent girls.

“This has prompted the Committee to launch a dedicated inquiry into barriers to female participation in sport and physical activity and how these might be overcome.

“Statistics show that female participation in sport and physical activity in Scotland is lower than that of males from the age of 11 years old, with typically a 10% gender gap in participation.

“This has clear negative repercussions on the long-term health and wellbeing of women and girls.

“Today, we are launching a call for views to find out more about the barriers women and girls of all ages face in participating in sport and physical activity. We are particularly keen to hear the experiences of those with a disability, from ethnic minority or economically deprived backgrounds or who may face other barriers to participation in sport and physical activity.

“Our aim is to identify actions that should be taken to help increase the numbers of women and girls participating in sport and physical activity, and crucially to make recommendations to ensure they are able to remain active throughout their lives.”

Let the Committee know your views

The inquiry’s call for views closes on 9th December.

Tackling Scotland’s health inequalities requires immediate joined-up action, warns Holyrood Committee

A Scottish Parliament inquiry has concluded by calling for urgent, coordinated action across all levels of Government in the UK to tackle health inequalities in Scotland.

A wide-ranging report by the Health, Social Care and Sport Committee calls for urgent action to address health inequalities, and for tackling poverty to be considered a major public health priority at all levels of Government in order to address this.

Read the report

The Committee heard evidence that the Covid-19 pandemic and the rapidly rising cost of living have further exacerbated Scotland’s health inequalities.

The Committee is calling for action across the UK and the Scottish governments, and by local authorities, which it says is essential if these inequalities are to be tackled effectively. This includes further public service reform and strategic action across multiple policy areas.

Among its recommendations, the Committee is calling for action on education, employment and housing to improve health outcomes and better tackle health inequalities. It says safe, secure and affordable housing must be available for all and highlights the significant impact planning policy can have on health outcomes and, if implemented poorly, in widening inequalities.

In compiling its report, the majority of the Committee agreed with the recommendation by the Glasgow Centre of Population Health that, within budget constraints, the UK Government should take action to align benefits and tax credits with inflation and to reinstate the uplift in Universal Credit introduced during the Covid-19 pandemic.

The report also highlights extensive evidence submitted to the inquiry that informal and unpaid caring has a disproportionate impact on health outcomes and that informal carers face significant health inequalities as a result.

To address this issue, the Committee calls on the Scottish Government and Public Health Scotland to provide more targeted support for carers.

Gillian Martin MSP, Convener of the Health, Social Care and Sport Committee, said: “The evidence is clear that health inequalities in Scotland continue to grow, while the pandemic and ongoing cost of living crisis will only exacerbate these inequalities further.

“A number of witnesses contributing to the inquiry argued that, over the past decade, UK Government policies on austerity have also had a negative impact on health inequalities in Scotland.

“We are particularly concerned that the rising cost of living will have a greater negative impact on those groups already experiencing health inequalities, including those living in poverty and those with a disability.

“Government action to date to tackle health inequalities has not been enough in the face of decades-long, major impacts on household incomes. We are calling for urgent action across all levels of government to reduce these stark inequalities which have real life and death consequences.

“There is currently no overarching national strategy for tackling health inequalities in Scotland. Meanwhile, evidence submitted to our inquiry has revealed multiple instances where the design and delivery of public services may be exacerbating inequalities rather than reducing them. We need to deliver further public service reform to ensure this doesn’t continue to happen.

“The reasons why we have failed to make progress in tackling health inequalities are many and varied. Reducing these will require bold and strategic action across all levels of government and by a range of government departments. Tackling health inequalities must be a major public health priority because lives literally depend on it.”

Other key findings in the report include:

  • The Committee express concern that certain vulnerable families report being excluded from free childcare provision, including those who care for disabled children and those who do not have a standard Monday-Friday work pattern.
  • A majority of the Committee is supportive of the concept of a universal basic income and calls on the Scottish Government to work with the relevant UK agencies to consider whether a pilot of the policy could take place in Scotland in order to begin to address health inequalities. A Committee majority would also like to see the implementation of a minimum income guarantee in Scotland.

Fundamental questions about Brexit’s impact on Devolution

There are fundamental questions about how devolution works outside the EU which must be addressed. This warning comes from a new report by Holyrood’s Constitution, Europe, External Affairs and Culture Committee.

In its report, the Committee highlights substantive differences between the views of the UK Government and the Scottish and Welsh Governments regarding future alignment with EU law.

The Committee’s report makes clear that these differences raise fundamental constitutional questions including the extent the UK can accommodate four different regulatory environments within a cohesive internal market, as well as whether the existing institutional mechanisms are sufficient to resolve differences between the four governments within the UK when there are fundamental disagreements regarding alignment with EU law.

The Committee is concerned with how devolution needs to evolve to address these questions.  This includes the operation of the Sewel Convention which the Committee agrees is under strain following Brexit and the extent of UK Ministers’ new delegated powers in devolved areas which the Committee agrees amounts to a significant constitutional change.

The report states there is a need for a much wider public debate about where power lies within the devolution settlement following the UK’s departure from the EU.  This needs to address the extent of regulatory autonomy within the UK internal market.

Committee Convener, Clare Adamson MSP said: ““As a Committee, we have already set out our concerns about the risks for devolved Parliaments as a result of Brexit. But the questions raised in our report make it clear that there are fundamental issues which must be addressed urgently.

“Without wider debate, both in this Parliament and elsewhere, these fundamental questions will go unresolved, and the way devolution works outside of the EU will remain uncertain.”

Deputy Convener, Donald Cameron MSP said: “Our committee is agreed that there is a need for a wide debate on the very serious and complex issues raised in our report.

“However, this debate is not simply one for Governments and Parliaments, but businesses, civic society and the wider public as well in order that we can fully explore the current issues facing not just the Scottish Parliament, but the wider devolution process.”

MSPs seek views on difficult spending decisions ahead for justice sector

The publication of the Scottish Government’s Resource Spending Review Framework in May set out possible spending of £11.6 billion on the justice sector over the next four financial years.

However, independent research by the Scottish Parliament Information Centre (SPICe) has suggested that if current inflationary pressures persist, this settlement would represent a significant reduction in spending across the justice sector.

Speaking as the call for views was launched, Criminal Justice Committee Convener Audrey Nicoll MSP, said: “There is no doubt the Scottish Government and public services will face cost pressures in the upcoming years and the ongoing cost of living crisis is creating a real sense of uncertainty over what is to come.

“However, if the current trend of rapidly increasing inflation continues then those in the justice sector will have some difficult decisions to make in order to balance budgets. 

“We want to hear a range of views as part of our pre-budget scrutiny and are seeking views from those within the sector.

“But we also want to hear the views of ordinary people, any third sector organisations who may be impacted by these potential cuts in justice spending and groups who work to support those within the justice portfolio. This will help us to scrutinise the possible impact of cuts to key services such as the police, fire and rescue, courts and prosecution services and prisons.”

The call for views closes on Friday 21 October 2022.

Holyrood Committee to visit East Lothian’s ancient woodlands

The Scottish Parliament’s Citizen Participation and Public Petitions Committee will visit East Lothian tomorrow (Wednesday, 21st September) to explore the issues raised in a public petition.

The Committee will visit Pressmennan Wood, just south of the village of Stenton, as part of its consideration of a petition seeking the introduction of legislation which would provide Scotland’s remaining fragments of ancient, native and semi-native woodlands and woodland floors with full legal protection following concerns that large areas are being lost or damaged each year.

Committee Convener, Jackson Carlaw MSP, Deputy Convener David Torrance MSP, Alexander Stewart MSP and Paul Sweeney MSP will join officials from the Woodland Trust to learn more about the challenges around protecting Scotland’s woodlands.

Owned by the Woodland Trust, Pressmennan Wood has been continuously wooded since the early 15th century but has seen much human intervention throughout its history.

A large part of the woodland is currently classified as Ancient Semi-Natural Woodland, with some large areas of Plantations on Ancient Woodland Sites.

At an earlier meeting, the Committee heard evidence from Mairi McAllan MSP, Minister for Environment and Land Reform, who indicated that the Scottish Government were undertaking work to develop the register of ancient woodlands and were looking at options to improve existing protections and enforcement measures.

Speaking ahead of the visit, the Committee’s Convener, Jackson Carlaw MSP, said: “Protecting Scotland’s native and ancient woodlands is incredibly important to supporting biodiversity and maintaining our natural environment. This petition has helped to shine a light on the challenges we need to address to ensure their long-term future.

“The Committee has heard directly from the petitioners and a range of experts who have expressed their concerns over the lack of these woodlands protection from inappropriate developments and other threats, which has resulted in large areas of ancient woodland being lost for good over recent years.

“The Citizens Participation and Public Petitions Committee’s visit to Pressmennan Wood in East Lothian alongside the Woodland Trust will help us see the issues first hand and look at what next steps the Committee can take to help protect our ancient woodlands”

Choudhury: Her Majesty Queen Elizabeth II’s legacy

Commemorating the passing of Her Majesty Queen Elizabeth II, Foysol Choudhury MBE MSP said: “This week I had the privilege of meeting King Charles III and expressing to him and the Royal Family my condolences during this difficult time. I had the honour of meeting Queen Elizabeth II, and she will be greatly missed.

“I believe it is important in this period that we reflect on the late Queen’s legacy of the Commonwealth.

“I was an infant when the founding father of Bangladesh, Bangabandhu Sheikh Mujibur Rahman, took a newly independent Bangladesh into the Commonwealth of Nations. It was the first international organisation that Bangladesh joined, such was the offer that it presented.

“Queen Elizabeth II oversaw the building of the relationship between this family of nations – one based on shared values and a brighter future together. In 1953, she defined the Commonwealth as a family, built on the highest qualities of the spirit of man: friendship, loyalty and the desire for freedom and peace.

“Her Majesty pledged then to give her heart and soul to that new conception of an equal partnership of nations every day of her life. We can affirm that she was true to her word.

“We therefore celebrate not only her legacy of public service in this country, but her role in bringing our family of nations and their people ever closer together in friendship and peace.

“In recent days I have noted that in the spirit of that friendship, and as a mark of respect for the late Queen, the Prime Minister of Bangladesh Sheikh Hasina announced three days of national mourning. In her note of condolence to our Prime Minister, Sheikh Hasina highlighted the conversations Sheikh Mujib and Her Majesty held at Commonwealth conferences. It is that link to the past which we have now all sadly lost.

“But this is just one of many signs around the world of the respect and esteem in which Queen Elizabeth was held right across the Commonwealth, far beyond these shores.

One did not have to meet the late Queen for long to see why she was held in such esteem by so many people across the world. The dignity and grace with which she held herself has been a steadying hand in our public life for 70 years.

“We are thankful for her long life of service, and we offer our prayers to her family and to our new King.”

Scottish Parliament to consider motion of condolence for Her Majesty The Queen

The Scottish Parliament will meet today (Monday 12 September) to consider a motion of condolence following the death of Her Majesty The Queen.

This will provide an opportunity for Members across the Parliament to reflect on The Queen’s life of exceptional public service and her close and enduring bond with Scotland. 

The format for the event in the Chamber will see the Presiding Officer, the Rt Hon Alison Johnstone MSP, welcome His Majesty The King and The Queen Consort to the Chamber before inviting each of the Party Leaders to speak to the motion. 

The King will then respond to the motion. 

The Presiding Officer said: “People across Scotland continue to mourn the passing of Her Majesty The Queen and I wish to express on behalf of the Scottish Parliament our deepest condolences to His Majesty The King and The Royal Family. 

“This motion of condolence will provide an opportunity for the Parliament to come together to pay tribute to The Queen’s life of service and her enduring bond with Scotland and its people. 

“This day will also mark a significant milestone for the country as we welcome The King to the Scottish Parliament for the first time as monarch.”  

First Minister Nicola Sturgeon, who will move the Motion, said: “For countless people – across our country, and around the world – this is a moment of profound sadness. We see that in the crowds gathered outside here, at St Giles’ Cathedral, and all across Scotland. This Parliament and this nation are in mourning today.

“At the heart of it all, of course, is the sense of loss felt by those who were closest to Her Majesty. Our thoughts are with the entire Royal Family – and we are honoured by the presence here, of His Majesty, King Charles III, and The Queen Consort.

“In an ever changing world, especially in turbulent times, Her Majesty was the great constant – the anchor of our nation. Even towards the end, as her health declined, her genuine love of Scotland and profound sense of public service never faltered.

“She performed her duties with dedication and wisdom, setting an exceptional example to each and every one of us. We stand ready to support His Majesty as he continues his own life of service and builds on the extraordinary legacy of his beloved mother Queen Elizabeth – the Queen of Scots.”