Constitution Secretary said Bill threatens vital laws
The UK Government should withdraw the Retained EU Law (Revocation and Reform) Bill after MSPs voted to withhold the consent of the Scottish Parliament, according to the Constitution Secretary Angus Robertson.
Speaking during a debate in the Scottish Parliament, Mr Robertson said the Bill, which is currently in the House of Lords, threatens vital regulations in the environment, food standards and employment sectors and must now be withdrawn.
With MSPs refusing to provide legislative consent, Mr Robertson said the reaction of UK Ministers would be a key test of whether or not it plans to continue to ignore or override the views of the Scottish Parliament.
If the Bill is not withdrawn, the Scottish Government has published updated amendments to lessen the impact of the Bill.
Constitution Secretary Angus Robertson said: “The Scottish Government and a number of key organisations across a range of sectors have many concerns about the Bill and we have repeatedly called on the UK Government to withdraw it.
“Firstly, it risks deregulation and threatens the high standards the people of Scotland experienced and benefited from as an EU member state for over 47 years. Secondly, the Bill includes powers for UK Ministers to act in areas of devolved responsibility without the consent of Scottish Ministers or this Parliament.
“This is clearly unacceptable and how the UK Government reacts will be a key test of whether or not they intend to continue to ride roughshod over devolution. Thirdly, the Bill includes a ‘cliff-edge’ sunset provision, which could see thousands of laws wiped overnight.
“I am pleased colleagues across the Scottish Parliament have voted to withhold consent for the Bill and I urge the UK Government to scrap it entirely. If the UK Government are intent on a race to the bottom that will impact standards across the UK, we have published a series of updated amendments to the Bill to mitigate the worst of its impacts.”
The inquiry will see the Committee look at the Scottish Government’s Cultural Strategy, which focuses on what it calls a ‘place-based’ approach. The Committee will look at what this means for communities up and down the country and what barriers are in the way to developing local cultural activities.
Now the Committee want to hear from those who participate, attend or organise cultural activities in their local areas. It wants to find out what more needs to be done to support these activities and what difference they make to people’s lives.
Speaking as the inquiry launched, Committee Convener Clare Adamson MSP said: “Scotland has a rich cultural heritage and the very heart of that lies within our local communities. From community choirs to book clubs, local galas to theatre groups, there is a huge range of activities taking place each and every day.
“But these activities are not always easy to access or indeed organise, so we want to find out what support is needed to make these events happen. And importantly, where this support should come from.
“Culture enriches us all and this is especially true for our communities. Which is why we want to hear directly from those at the very heart of Scotland’s local communities.”
Questions the Committee is asking include:
What are the key factors that support you to attend or participate in cultural activities?
What support has there been in place to develop and grow cultural activities or events in your local area?
What needs to be in place to enable or to support a variety of cultural activities or events being organised and delivered in your local area?
Mental health and chronic pain are having the most significant impact on economic inactivity rates in Scotland, according to a new report from the Scottish Parliament’s COVID-19 Recovery Committee.
The report considers the impact of the COVID-19 pandemic on Scotland’s labour market, looking specifically at long-term illness and early retirement as drivers of economic inactivity.
The Committee found that although the pandemic has not significantly impacted economic inactivity in Scotland, it has clearly highlighted the extent to which a healthy working-age population is required to sustain a healthy economy.
The Committee heard that implementing remote and/or flexible working practices may improve employees’ wellbeing, bring more people into the labour market, including disabled people and people with chronic or mental illness, and support older workers to remain in the labour market for longer.
This morning, the COVID-19 Recovery Committee published a new report into the impact of the pandemic on Scotland's labour market.
However, evidence from employers highlighted that many employers, particularly small and medium-sized enterprises, require additional support to implement flexible working and improve reasonable adjustment policies.
The report expresses disappointment that due to budgetary pressures, the Scottish Government’s plans for a ‘Centre for Workplace Transformation’, which would seek to embed some of the learning gained from the pandemic, was not delivered on target in 2022.
Additionally, the Committee noted that best practice from wrap-around employability services, like the Fair Start Scotland programme, which provides tailored support to get working-aged people who are disengaged from the labour market back into employment, should be shared across all of Scotland’s local authorities.
Convener of the Scottish Parliament’s COVID-19 Recovery Committee, Siobhian Brown MSP, said: “Whilst our report found the pandemic has not had a significant impact on economic inactivity levels, issues such as poor mental health and chronic illnesses, are part of the complex challenges to Scotland’s economic and social recovery from COVID-19.
“Increased partnership working between the Scottish Government and employers to support investment in employees’ wellbeing and embedding post-pandemic opportunities for flexible working is crucial to supporting more people into the labour market.
“Remote and flexible working practices could also support more disabled people and those living with chronic health or mental health conditions into the workforce, whilst also enabling older people to stay in the labour market for longer.
“It’s important that as a priority, the Scottish Government sets out what additional support it is providing for employers to develop practical resources to support the adoption of flexible working policies and share best practice, which are vital to improving Scotland’s economic activity levels.”
Changes to the care of children and the involvement of children in the criminal justice system are to come under scrutiny at the Scottish Parliament.
The Education, Children and Young People Committee will consider the proposals laid out in the Children (Care and Justice) (Scotland) Bill and would like to hear the views of people from across Scotland.
The Bill changes how the justice system approaches offences committed by people under the age of 18. This will include allowing most 16- and 17-year-olds to attend a Children’s Hearing, rather than a court.
Changes would also be made to regulations around accommodations for young people. Under the proposals 16- and 17-year-olds, accused of or guilty of offences would not be held in Young Offenders Institutions or prisons, but instead would be sent to secure accommodation. The Bill would also change how care services providing residential accommodation to children are regulated.
The Committee is opening a call for views so it can hear the views of organisations supporting young people in conflict with the law, young people and parents. The Committee is also very interested in hearing the views of legal professionals, secure accommodation providers and victims of crime.
Following the end of the consultation the Committee plans to hold a series of evidence sessions to discuss the Bill, before reporting its findings to the Parliament later in the year.
Sue Webber, Convener of the Education, Children and Young People Committee said: “The Bill we will be scrutinising will allow all 16- and 17-year-olds to access the Children’s Hearings System for the first time.
“This aims to safeguard those at risk of harm and change how the justice system deals with young people who have committed offences. It also introduces a range of further measures designed to improve the way that children are treated, including ensuring no young person under the age of 18 will be sent to a Young Offenders’ Institution or prison.
“We want to get a thorough understanding of how the proposals in the Bill might impact on people across Scotland, including young people themselves, children’s support organisations and youth justice bodies.
“Please share your views on these proposals with our Committee before the 17 March 2023 deadline.”
The Scottish Parliament’s Local Government, Housing and Planning Committee will visit Ferguslie Park in Renfrewshire next Monday (6th February) to meet with Engage Renfrewshire, a Third Sector Interface, which supports local charities and other not-for-profit groups, as part of an inquiry into Community Planning.
In November 2022, the Committee launched a new inquiry into Part 2 of the Community Empowerment Act (2015), which changed how community planning is delivered by Community Planning Partnerships (CPPs).
Community Planning aims to improve how organisations such as local government, health boards, and the police work together with other partners to improve local outcomes in an area.
CPPs exist in every local authority to identify priorities, share resources to deliver services for people and are tasked with developing Local Outcomes Improvement Plans and targeted ‘locality plans’ for smaller areas which need more support.
Partners also must work with communities to involve them in community planning.
The Committee held a call for views between November 2022 and January 2023 and will go on to take evidence from stakeholders before sending a report to the Scottish Government in the spring, outlining its findings and recommendations.
Ahead of the visit, Committee Convener, Ariane Burgess MSP said:“Hearing directly from people in Renfrewshire involved in the local Community Planning Partnership will greatly improve our understanding of the impact of these partnerships and how they are helping to support communities across Scotland.
“Our inquiry is looking at the impact of the Community Empowerment Act on community planning and how CPPs have been able to respond to significant events such as the Covid-19 pandemic and the current cost-of-living crisis.
“Throughout this inquiry, we will seek to hear directly from organisations involved in Community Planning Partnerships, such as those we will meet in Fergulsie Park as well as communities and individuals from across Scotland about the impact the Partnerships have had.”
The Committee will hold meetings with Engage Renfrewshire in Ferguslie Park to learn more about the background to CPP operations in Renfrewshire, the Forum for Empowering Communities and examples of local partnership working.
Following this the Committee will visit the Tannahill Centre for an overview of local services delivered as part of the Community Mental Health and Wellbeing Approach and Winter Connection Programme.
Commenting, Dr Alan McNiven, Chief Executive of Engage Renfrewshire, said: “We’re delighted to welcome the Local Government Housing and Planning Committee to Renfrewshire as part of their review of Community Planning.
“Community Planning can be challenging but it’s an approach which can provide Third Sector organisations with the opportunity to establish a strong working partnership with the Public Sector – and in our experience partnership working often creates a great environment for delivering better local outcomes.”
New legislation to prevent the chasing and killing of wild mammals for sport has been passed by the Scottish Parliament.
The Scottish Government’s Hunting with Dogs Bill will close loopholes in existing laws that have allowed the practice of illegal hunting to continue. A new two dog limit for all use of dogs in the course of hunting will be introduced, as well as a ban on the practice of trail hunting.
The Bill also establishes a new licencing scheme to allow the use of more than two dogs in certain limited circumstances. This is to provide farmers and land managers access to appropriate and humane control measures, where necessary.
Environment Minister Mairi McAllan said: “This Bill represents a significant step forward in protecting Scotland’s wildlife from the cruel and senseless practice of illegal hunting,
“I am pleased that the Parliament has agreed on a new law which will close the door on the illegal chasing and killing of mammals once and for all.
“I’d like to thank everyone who responded to our public consultations and interested groups for their valuable input throughout this process.
“I believe that this new legislation has struck the right balance between ensuring Scotland pursues the highest possible animal welfare standards, while recognising the need for farmers, land managers and environmental organisations to undertake legitimate wildlife management.”
The vote was passed by 90 for and 30 against, with no abstentions.
The new legislation was introduced last year, two decades after a failed attempt by the Scottish Parliament to ban hunting with the Protection of Wild Mammals (Scotland) Act, back in 2002.
The new Bill will bring into force a number of measures which significantly curtail mounted hunting activity, including reducing the number of dogs which can be used to hunt a wild mammal to just two, instead of a full pack, and reducing the number of dogs which can be used below ground to just one.
The Bill also includes a preemptive ban on trail hunting. Trail hunting is a sport which was created after hunting was banned in England and Wales following the passing of the Hunting Act in 2004. Its inclusion in the Bill means trail hunting can not be established north of the border.
The League Against Cruel Sports Scotland, has welcomed the new legislation. Director Robbie Marsland said: “As of today, Scotland has the most robust law anywhere in the UK to prevent the cruelty of chasing and killing wild mammals for sport – and this is something to celebrate.
“Despite a persistent campaign from those resolute to keep hunting alive in the Scottish countryside, the Scottish Government has been determined to end the sport of hunting, a sentiment which has today been supported by the Parliament.
“The passing of the Hunting with Dogs (Scotland) Bill now provides an opportunity to right the wrongs of the last two decades and close the loopholes which allowed hunters to continue with hunting as though the law didn’t exist.
“The inclusion of a ban on trail hunting is a significant victory for Scotland, meaning hunts will not be able to use this so-called sport as a smokescreen for traditional hunting.”
The new Bill also includes a licensing system which will allow for a full pack of hounds to be used in certain circumstances. The detail of the scheme has yet to be developed but animal welfare campaigners have concerns this has the potential to be exploited.
Robbie Marslandadded: “After twenty years of flawed legislation it is critical that this Bill is not simply a way of creating new loopholes for hunters to exploit, and the League is yet to be convinced the licensing scheme won’t do this.
“Despite the best of intentions to ban hunting, the determination and deep rooted defiance among those who wish to chase and kill foxes should not be underestimated. The League will work closely with Nature Scot and other stakeholders to ensure the licensing system is robust, effective and fit for purpose.”
Commenting from Holyrood, Scottish Countryside Alliance Director Jake Swindells said: “Whilst it is frustrating that so much time and resource has been wasted on this Bill, the licensing scheme is, at least, an explicit acceptance by the Scottish Government that the use of packs of dogs in wildlife management is effective and necessary.”
The Hunting with Dogs Bill is expected to receive royal assent in the next few weeks and come into force in the autumn.
Foysol Choudhury MSP for Lothian has attended an event held to highlight the role Scotland’s unique heritage has to play in the country’s economic and green recovery.
The session at the Scottish Parliament was hosted by Historic Environment Scotland (HES), the lead public body that investigates, cares for and promotes the country’s historic environment, including over 300 properties in care.
The event, How Scotland’s Past Can Support Its Future, championed the important role that Scotland’s historic buildings, sites and heritage sector plays in creating jobs, promoting tourism and supporting the environment.
The historic environment also has a key role to play in terms of the journey to net zero. A fifth of Scotland’s residential buildings were constructed before 1919 using traditional materials and building skills.
Making these buildings as energy efficient as possible is a crucial part of the road to net zero, as well as supporting opportunities for re-use and retrofit, helping to boost jobs and skills through the need for skilled labourers and craftspeople.
Foysol Choudhury MSP for Lothian said:“It was great to meet Historic Environment Scotland at the Scottish Parliament, to learn more about Scotland’s heritage and how HES is supporting the economy and journey to net zero.
“I recently raised a question in the Chamber in support of Historic Environment Scotland. I asked the Scottish Government how it plans to ensure that Historic Environment Scotland’s properties will be able to open to a sufficient degree, to allow HES’ revenue to rise as predicted in the budget.
“I look forward to learning more about HES’ projects in the future and to seeing more of these important HES properties open again for the public.”
Alex Paterson, Chief Executive at HES, said:“Scotland’s historic environment is a part of our everyday lives. It’s our homes and high streets, schools and hospitals. It’s also transport infrastructure like canals and bridges. The historic environment is central to our lives and our sense of place, identity and to our wellbeing.
“There is clear economic value in investing in the historic environment to deliver these core agendas, with the reuse and adaptation of existing heritage assets being integral to a net zero transition.
“I would like to thank Graeme Dey for welcoming us to the Scottish Parliament and to all the MSPs who came to find out more about how Scotland’s past can support its future”.
What are the barriers that disabled people face in finding their ideal job is the question that MSPs on the Economy and Fair Work Committee will be asking as part of work into the issue.
Statistics show that people with a disability in Scotland have a lower employment rate than non-disabled people. The Scottish Government also has a target to half the disability employment gap by 2038 within the Fairer Scotland for disabled people – employment action plan. This work will try and identify what barriers exist and what more can be done to help disabled people and employers.
Claire Baker MSP, Convener of the Economy and Fair Work Committee said: “There have been some really good examples of where employers have put in place measures to make sure that everyone, regardless of their background, is able to get and keep a job.
“But we know that this is unfortunately not the case for every disabled person who is actively looking for employment.
“We want to hear directly from people about these barriers and what more we as policymakers can do to help make looking for a job a more equitable experience for everyone.”
The Committee is asking for those interested in this issue to give us their views. We’ll be asking for views on the following issues:
What progress has been made to reduce and remove barriers faced by disabled people to access Scotland’s labour market?
What are the remaining challenges, and why has progress been difficult?
What policy measures would you like to see to support disabled people and employers to increase participation rates?
What has been the impact of the Covid-19 pandemic on disabled people’s experience of the labour market?
Scotland will not meet its ambitious target of being net zero by 2045 without a more empowered local government sector, with better access to the skills and capital it needs to play its full role in the net zero energy revolution.
The Scottish Government must also set out a comprehensive roadmap that gives local government detailed guidance on how it wants the sector to make its full contribution to net zero.
These are the overarching conclusions reached in a report published today by Holyrood’s Net Zero, Energy & Transport Committee, following a year-long inquiry into the role local government should play in helping Scotland achieve its ambitious net zero goal by 2045.
The report calls for the Scottish Government to provide additional financial support to Councils in future budget cycles to help them contribute to national net zero targets.
But it also makes clear that, with estimates of £33bn needed to decarbonise heat in buildings alone*, attracting private investment at scale is essential. It calls on the Scottish Government and its agencies to work with local government on an investment strategy that will increase investor appetite and lead to deals being agreed. It also calls for an expanded role for the Scottish National Investment Bank, to help bring together local government and investors in public-private co-financing.
The Committee calls for an area-specific place-based approach to tackle climate change across Scotland; to ensure all players work together to co-ordinate and report on climate change measures. It calls for Councils to be given the powers they will need to make this place-based approach work.
In the report, the Committee recognises the leadership many local authorities are showing in responding to the climate crisis and says good practice should be more widely shared across Councils. The sector should take a more consistent approach to net zero planning, budgeting and target-setting and embed net zero decision-taking at senior levels within Councils. The report also calls for Councils to set targets covering all emissions in their area, because even in areas where they do not have direct control, they can still have influence.
The report calls for Scottish Government assistance to address a skills deficit at local government level, with the drive to reach net zero making “unprecedented and often highly technical demands” on the sector.
Launching the report, Convener of the Committee, Edward Mountain MSP, said: “Over the course of almost a year of evidence-taking, it’s clear that unless key barriers facing local government are dealt with, we will not reach net zero by 2045.
“Local Government is the layer of democracy closest to communities. They have local knowledge and capacity to lead by example and are also uniquely well-placed to form the partnerships we’re going to need at a local and regional level.
“We saw for ourselves on committee visits across Scotland the leadership and good practice many Councils and their local partners are modelling. But against a backdrop of financial pressure, where Councils feel they are being asked to do more for less, they are struggling to think and plan strategically to maximise their contribution to net zero.
“We hope that the Scottish Government, COSLA and the wider local government sector will pay close attention to the recommendations we have made to enable the scale of transformational and behavioural change required for Scotland to succeed.”
Some of the key recommendations made by the Committee to the Scottish Government include that it should:
create a local government-facing “climate intelligence unit” to provide specialist help to Councils in areas where in-depth specialist knowledge is lacking;
allocate larger, fewer and more flexible challenge fund streams for net zero related projects at a local level that better support a holistic and place-based response to climate change;
address the churn, repetition and delay in the planning process that is holding up major renewables and other projects necessary to help meet net zero goals and has a chilling effect on investment. The long-term decline in numbers of Council-employed planners must be reversed in order to meet the ambitions of the new National Planning Framework, and one measure it calls for is the introduction of planning apprenticeships;
clarify the role Councils will play in an area-based approach to heat decarbonisation and set out the additional support they will be offered in preparation and delivery of their Local Heat and Energy Efficiency Strategies. We want to see the new Public Energy Agency empowered and directed to work with local government on area-based delivery.
The report also says Councils should set out how they will engage with local communities to ensure that the net zero transition is not something imposed on communities, but something that people and groups can help shape, lead and deliver.
COSLA believes that the Net Zero, Energy and Transport Committee Report out today (23rd January) is a watershed moment for tackling Climate Change.
Cllr Gail Macgregor, COSLA Environment and Economy Spokesperson said: “This report by the Committee on the just transition to a net zero economy is potentially a watershed moment for Scotland in tackling climate change.
“The report is clear that Scotland will not meet its ambitious climate targets without a more empowered Local Government. To empower Local Government, Councils need not just increased funding, but also larger, fewer and more flexible funding streams. This has long been COSLA’s central message, so it is hugely heartening to see it recognised so strongly in the report.
“Climate Change is a challenge we all must face. Local Government is committed, locally and nationally, to leading the net zero transition, but COSLA has been open that local authorities can’t do that effectively without the increased support of Scottish Government. The report by the Committee lays out in the clearest way yet the support that is needed and why.
“The recommendations of the report are mainly directed at Scottish Government, but we need to consider them carefully too. Climate change requires a genuine team Scotland approach and I would hope that this report coupled with last year’s publication by the Climate Change Committee could be the defining moment we have needed to get delivery of the net zero transition on track for 2030 and beyond.
“I commend the Committee for the fullness, diligence and clarity of their report.”
Ahead of a Scottish Parliament debate to approve the National Planning Framework 4, Planning Democracy campaigners have called on politicians to ensure that the much welcomed and strengthened emphasis on climate and nature are actually delivered and that appeals from developers are not allowed to undermine these policies.
When considering development proposals planners now have to give ‘significant weight’ to the global climate and nature crises. Given that all built developments will generate climate impacts and impact on nature it will be difficult for planners to decide what developments are needed and what development should be restricted.
Campaigners believe that policies need to be robust enough to give planners the confidence to make bold decisions to refuse environmentally destructive development. Planners must be supported to make decisions that limit carbon emissions and restore nature and these decisions should be upheld and not overturned in planning appeals.
On 22 December 2022, the Local Government, Housing & Planning Committee, whose role it was to scrutinise the new Planning Framework as it was drawn up, issued a report saying that they will be monitoring the effectiveness of NPF4 over the next 6 months, including whether it is delivering on its climate and nature policies.
Campaigners say ongoing effective monitoring is crucial to ensure that what the National Planning Framework 4 says actually gets delivered and that policies are not undermined by developer appeals.
Planning decisions are frequently challenged by developers who have the right to appeal refusals of planning permission.
Clare Symonds from Planning Democracy said: “While we applaud the increased priority given to climate and nature in the new Framework, these ambitions can easily be undermined, if decisions that take into account the climate and biodiversity impacts of proposed developments are routinely overturned at appeal.
“Too often communities report that the threat of appeals by developers leads to approval of environmentally damaging applications that would otherwise not be given permission. The Government needs to limit the rights of developers to appeal in these cases and ensure these laudable environmental policies are properly implemented”.
