City Council Leader Adam McVey is urging members of the public to stay at home and not attend a planned demonstration at the Scottish Parliament today.
“This simply isn’t safe. To attend a protest like this now would be incredibly selfish and those doing so would be putting our families and communities at greater risk when numbers of transmissions are already far too high in Edinburgh.
“This attempt to create a crowd is utterly disrespectful to our businesses and residents who are sacrificing so much to try and keep all of us safe.
“Anyone thinking of breaking the rules by travelling to Edinburgh to attend this event should not do so – they are not welcome.”
A new Bill which would allow children to take public bodies to court for breaches of their rights by incorporating the United Nations Convention on the Rights of the Child (UNCRC) into Scots law should be extended to include private sector and voluntary organisations who deliver public services, according to MSPs.
The Scottish Parliament’s Equalities and Human Rights Committee said it supports the general principles of the proposed legislation, but called for the definition of public authorities to be widened to ensure organisations such as private schools and private housing, residential care and childcare providers are not excluded from the legal obligations in the UNCRC.
The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill legally obliges public authorities – including Scottish Ministers – to respect children and young people’s rights, placing them under a duty not to act incompatibly with the UN Convention.
In its stage 1 report, the Committee recommended that the Scottish Government consults the main stakeholders to investigate how the definition of a so-called “hybrid public authority” could be tightened to avoid similar issues arising as those experienced with the Human Rights Act 1998, where courts have defined the term narrowly and exempted private or voluntary bodies which carry out public functions.
Under the Bill, children and representatives acting on their behalf will be able to challenge public authorities in court for infringing their rights, and the new legislation will allow the courts to strike down legislation that is incompatible with any UNCRC requirements.
However, submissions to the Committee raised concerns about the accessibility of the existing courts and tribunals service to children, and the report called on Scotland’s top judge to reflect on this evidence and to provide an update on progress being made towards developing a “child-friendly” court system in preparation for the new legislation.
MSPs also urged the Scottish Government to amend the Bill so that courts and tribunals “must”, rather than “may”, take into account the whole of the text of the UNCRC and the first two optional protocols when determining a case, and to require courts and tribunals to ask for the child’s views on what would constitute an “effective remedy” in their case.
The Committee’s report further recommended that the Scottish Government amends the commencement provision at stage 2 to ensure the Bill comes into effect six months after Royal Assent.
The Bill also imposes a requirement on Scottish Ministers to make a Children’s Rights Scheme to set out how they will comply with the duties in the UN Convention, but MSPs want the scheme strengthened to include measures to support children with protected characteristics and vulnerable groups, access to advocacy, legal aid, human rights education and a child-friendly complaints mechanism.
Committee Convener, Ruth Maguire MSP, said: “This is a landmark piece of legislation which has the potential to put children’s rights at the heart of public authority decision-making.
However, we believe – as the evidence to the Committee has shown – that there are areas where the Bill can be improved.
“The Committee’s report calls on the Scottish Government to explore how the definition of a public authority can be amended at stage 2 to include those private sector organisations which provide public services, in accordance with the spirit and intention of the Bill.
“We also make recommendations aimed at improving access to justice for children and young people and ensuring judicial remedies for infringements of children’s rights are effective in practice.
“It is vital that children have their rights protected, respected and fulfilled as a matter of urgency, which is why we have urged the Scottish Government to amend the commencement provision to ensure this legislation come into effect six months after the Bill receives Royal Assent.”
A “child-friendly” version of the report, which has been published alongside the stage 1 report, can be accessed via the Committee’s Bill webpage.
The Scottish Parliament’s Justice Committee has indicated it will support the general principles of the Hate Crime Bill on condition it is amended in line with recommendations the Committee is unanimously making. The committee’s recommendations build on, but go further than, the commitments already made by the Cabinet Secretary for Justice to make changes to the Bill.
The Justice Committee has concluded that further changes should be made to the Bill to ensure that those making comments which others find offensive are not criminalised, while still robustly tackling those perpetrating hate crimes.
The Committee has unanimously concluded as follows:
For behaviour to be considered “abusive” under the Bill, prosecutors must be required to show that a ‘reasonable person’ would consider the behaviour to be abusive, setting a higher bar for prosecution;
The Bill’s provisions safeguarding free speech must be deepened and strengthened;
The ‘reasonableness’ defence available to a person charged with a stirring-up offence must be clarified.
The Committee also agreed that while there should not be an absolute defence against prosecution for acts in private homes, people should be allowed to express their own, perhaps offensive, views within their own home or other private space without fear of investigation or prosecution.
It has therefore called on the Scottish Government to find a way to amend the Bill that better reflects its view around ‘stirring up’ offences having a public element to them.
The Committee welcomed the appointment of Baroness Helena Kennedy QC to chair a working group on misogynistic harassment, and has called on the working group to report within a year to avoid further significant delay. However, any legislative change that is recommended by this group should be subject to the fullest possible parliamentary scrutiny.
Speaking as the report was published, Committee Convener, Adam Tomkins MSP, said:“Balancing freedom of expression and legislating to ensure hateful actions can be prosecuted is a difficult task.
“The Committee is grateful for the wealth and variety of evidence we heard, and hope we have reflected, in our report. We also welcome the Cabinet Secretary taking the unusual step of accepting that his Bill required amendment before we began our scrutiny.
“We believe that, if amended in line with our unanimous recommendations, this Bill should be fit to protect the communities it affords extra protections to, without encroaching on the ability of citizens to have robust debates, hold views others find unpalatable, and express themselves freely.
“It is a testament to the open-mindedness of all Members to have found such consensus on what has undoubtedly been a contentious piece of legislation.”
The Committee’s call for views received an unprecedented response, with almost 2,000 submissions. A release about this and the Bill timetable is set out in this release.
The Committee heard oral evidence from almost 40 stakeholder organisations.
The Give Them Time Campaign has welcomed yesterday’s start of a parliamentary process which will automatically provide an additional year of nursery funding for all children legally deferring their Primary One start.
At present only January and February born children are entitled to this whereas mid-August* (*those who turn five after the school commencement date in any year) to 31st Dec born children – who share the same legal right to defer – do not have this automatic entitlement and it’s at the discretion of their local authority to grant it or not.
Since 2018 the Campaign has been lobbying the Scottish Government to provide an automatic entitlement to a further year of nursery funding for ALL children legally deferring their school start.
Our supporters are mainly parents, early years’ and primary teachers and its research has demonstrated wide variations across council areas as to whether parents were likely to secure this funding for their child or not and the process for being considered for it. While more councils than ever have funded 100% of requests this year, the infographics below highlight the ongoing postcode lottery.
However, this is now set to change as today the Minister for Children and Young People, Maree Todd, started the parliamentary process at Holyrood to change the law to enable all children whose parents choose to take up their legal right to defer them to have automatic access to a further year of funded nursery from 2023.
Campaigners have warmly welcomed this move but they are disappointed a full national rollout will not be effective immediately. Details of a pilot scheme have not been finalised yet but campaigners are keen to see this run in as many council areas as possible and particularly in areas which have had poorer approval rates in recent years as can be seen on the Evidence page of the campaign website.
Campaign spokesperson Diane Delaney said: “Our research has evidenced that the postcode lottery of allocation of discretionary deferral funding is causing confusion, stress, distress and ultimately forcing some parents to send their child to school despite feeling concerned about their wellbeing and ability to cope.
“We are elated that the legislation will be brought in to fund all deferrals, however, we need immediate and full implementation in every local authority at the same time.
“There will be dire consequences for children and families having to wait until 2023 to guarantee full access to funding. Parents’ worries are exacerbated as a result of the multiple impacts of Covid-19 and the huge loss of nursery time for these children earlier this year.
“We welcome the offer of the Scottish Government to continue to work with parents as they move forward in progressing the implementation of this legislation. The Scottish Government has committed to embed children’s rights into Scottish Law, therefore in advance of this we require the new legislation to be implemented fairly and as soon as possible to help all parents, but especially those parents who cannot afford to defer their child if their council refuses funding.
“We want to live in a country where we can be proud that the needs of our children come first and to do this, any legislation impacting on children must not be determined by where they live or their parents income.”
Parents described some of their experiences in a survey conducted by the campaign in Oct 2020. Here are some of their comments:
QUESTION 4: What is your experience of the nursery staff’s understanding of the legal right to defer any child who has not reached the age of five by the school commencement date in Scotland?
“Nursery staff knew about it but said as he had no multi agency specialist support input I would not get funding.”
“They knew but seem to try to put you off the idea, make comments like “they’ll be fine” etc”
“I was told it was unusual for a November born to differ and had to contact the council myself.”
“The nursery staff were as much in the dark as parents.”
QUESTION 5: What is your experience of the information provided by your local authority on deferral rights? Please give as much detail as possible.
“Awful. Varying degrees of knowledge. People telling us we “weren’t allowed” etc.”
“My experience all the way through the deferral process was that I was having to ‘fight’ the system to enable my son to be deferred. It seems to be quite a hostile system where the parent’s view is secondary to that of the nursery even though my son was only at nursery for two days per week.”
“I think it is incredibly upsetting as a parent that you have to justify why you feel your child would benefit from an extra year in nursery. For many parent it is an agonising decision that they second guess all the time. You also feel a bit like you are betraying your child as in order to do what you feel will be best for them you have to list all the ‘negative’ aspects of their development and personality. It’s a very upsetting experience.”
“I felt that I was much more ‘in the know’ than nursery staff, and was ‘keeping them In the loop’ with regards to The Give Them Time Campaign and other movements aiming to uphold these rights. The 1 member of teaching staff in the nursery probably knew the child’s fundamental right to defer their school start, but they were not at all forthcoming with information, and I would never have been told this right, had I not already known it myself. There are many parents/ guardians who simply don’t know this right, and I feel that nurseries should make it their job to inform.”
QUESTION 6: What is your experience of the process of applying to your local authority for a further year of nursery funding for your child’s deferral year? Please give as much detail as possible.
“I found it very stressful. I had to attend meetings, research and write letters, get my local MSP involved. Just trying to do the right thing.”
“The process itself was one horrendously stressful and awfully frustrating bureaucratic experience!!!”
“Stressful as told from everyone that funding would not be approved. It wasn’t initially but on appeal all deferrals were funded due to covid. Very poor support for parental input-my opinion was completely disregarded and I didn’t feel listened to at all.”
“Very little support and guidance. Very much appears as if it’s bingo and based on how assessor are feeling in the day rather than robust criteria. Forcing people to appeal, which adds additional stress and pressure to an already convoluted process to then overturn the majority of appeals is inexcusable. Do the job right the first time and you will save everyone a huge amount of time, energy and resources.”
Better support is needed to help BAME women in the transition from school to the workplace, according to a report issued today by a group taking part in a Scottish Parliament project aimed at increasing women’s involvement in politics.
The Young Women Lead leadership programme has this year explored employment opportunities for women from ethnic minorities considering recruitment, retention and development policies and practices
The report examines routes into employment for BAME women and the role employers play in this process. The report also looks at addressing racism and discrimination, including unconscious bias, in the workplace through diversity networks, raising cultural awareness, flexible working and harassment policies.
It recommends that local authorities promote BAME identifying individuals to senior positions in primary and secondary schools, with representation at the top of organisations key to improving the systems in place.
It is also recommended that the Scottish Government ensure employers collect and use workforce data to benchmark current levels of BAME women within their workplace in order to identify underrepresented populations.
Deputy Presiding Officer Linda Fabiani MSP, who convened the group, said: “With the Black Lives Matter movement demonstrating that the fight for racial equality continues, it is so important that we look to Scotland’s young people to help us find solutions and push for change.
“I have seen first-hand the commitment and determination of these young women, in the face of a global pandemic, to make a difference in the lives of women across Scotland. They are nothing short of inspirational. I believe the recommendations in this timely report are a step towards creating real change for future generations.
“It has been a highlight of my time as Deputy Presiding Officer to convene the Young Women Lead Committee and I wish all of this year’s participants the utmost success in their future endeavours.”
Speaking as the report was launched, Dr Patrycja Kupiec, CEO of YWCA Scotland – The Young Women’s Movement, said: “This year’s Young Women Lead is the first parliamentary committee in the history of the Scottish Parliament that comprises solely of young women from ethnic minority backgrounds.
“Investing in diverse leadership is key to building a fairer Scotland for all, and despite challenges brought on by lockdown restrictions, this group of 23 young women have demonstrated that they are a force for change. They have investigated barriers young BAME women experience during transition from education to employment and barriers in the workplace.
“The results of this timely and much needed research are highly relevant for any organisation in the public or private sector looking to implement innovative young women-led solutions to create an equal, diverse and inclusive culture in which young BAME women can thrive and progress.”
Revati Campbell, Young Women Lead Committee member, said: “This year’s YWL Report is about a really important issue that’s directly affected the lives of every one of the participants in this year’s cohort.
“This is such a distinct issue, often overlooked. I’m so proud of all the work we’ve done to create this report and excited to see it released.”
Madeleine Planche, Young Women Lead Committee member, said: “I am so grateful that despite the challenges this year – with the support of our wonderful Parliament team – that our report will be published.
“Everyone is so passionate about this topic and hopefully it will help to create meaningful change.”
Lauryn Mwale, Young Women Lead Committee member, said: “Young Woman Lead was a once in a lifetime experience. The people I met and what they taught me will stay with me forever. I used to call myself apolitical, but this experience has really opened my eyes to the scope and power of government.
“As a young black woman in a country which isn’t my own, it was a great privilege to contribute to the report. Today, Scotland is my home and I am very fortunate to live in a place that appreciates my voice, not in spite of my background but because they see value in my lived experience”.
Holyrood’s Festival of Politics starts online tonight
Scotland’s Futures Forum, the Scottish Parliament’s in-house think-tank, has published the findings of its 2030 programme, looking at what sort of country we might become, and what our response might be to the great changes of the next decade and beyond.
The report, which examines the challenges and opportunities posed by climate change, technological innovation and an aging population, will also be debated at the Parliament’s first online Festival of Politics. The event, ‘Scotland 2030: What do we want, and how can we get there?’, opens the Festival today and will be chaired by the Presiding Officer, Rt Hon Ken Macintosh MSP.
The work, which aims to help parliamentarians think about long term challenges, outside of electoral cycles and party politics, found that:
• Around half a million babies are due to be born in Scotland in the 2020s. To give every one of them the best chance in life, fundamental change is required to end child poverty – either through ‘pre-distribution’ or radical redistribution via taxation and spending. • Technological disruptors such as Uber and Amazon will continue to have an impact on jobs and society. We need a school and lifelong education system that helps people adapt to changing circumstances, giving them the freedom to be creative, to take risks and, on occasion, to fail safely. • To meet our ambitious targets of net zero carbon emissions by 2045, radical change is required in our working lives. There are clear pathways to a more sustainable future if Scotland switches investment towards sectors and industries that bring long-term benefits. • Scotland need to make more progress on creating gender equal workplaces. Realities of life for women such as menstruation, pregnancy and menopause need to be taken more seriously by employers. Increasing the uptake of paternity leave will also help redress imbalances in the distribution of unpaid work • Aging and death need to be addressed earlier in life. Most of us will become dependent on other people as we age. We need to tackle the taboo of discussing these things by normalising planning for this inevitability in our 40s and 50s, if we are to support the right care at the end of life.
The forum is also recommending ten ‘ideas for 2030’ to be debated in the Scottish Parliament from the creative suggestions heard during its events.
These include a Scottish island test site for autonomous vehicles, ‘digital havens’ with limited internet access – allowing visitors to switch off from their devices – and a Museum of Failure to show the role of failure in the path to achievement and encourage people to embrace risk.
Speaking ahead of the Festival, Chair of the Forum and Presiding Officer, the Rt Hon Ken Macintosh MSP, said:“How we tackle the great issues of the next decade will shape Scotland for generations to come. Climate change, technological advancements and an ageing population all present profound challenges for the country, but also opportunity.
“This report highlights the importance of taking a positive view of the changes we’ll experience by 2030. As the response to the Covid-19 pandemic has shown, people can and do respond positively when life throws up huge challenges. But it has also shown the importance of including people in the process when the decisions on how to respond are made.
“A key part of the Futures Forum’s work, a central theme throughout this programme from all our events, and one of the founding principles on which the Parliament operates, is the importance of including everyone in discussions about our long-term future.
“How we move forward, harness new technologies, create more environmentally sustainable jobs and tackle child poverty are all topics ripe for debate as we look ahead. I am sure it will be a very interesting discussion at this year’s Festival of Politics.”
You can find out more and watch the event in full on the Festival of Politics website here.
The festival takes place from Thursday 19th to Saturday 21st November. The first event starts at 7pm tonight.
MSPs call for action to tackle ‘institutional racism’ in public sector employment
MSPs have called for public bodies to be compelled to publish employee ethnicity pay data to address “institutional racism” and tackle the “unacceptable” levels of unemployment and in-work poverty among minority ethnic communities in Scotland.
Holyrood’s Equalities and Human Rights Committee, which has been investigating what actions are being taken to make sure minority ethnic communities have parity of employment and career progression, urged public authorities to produce an action plan to increase the number of people they employ from minority ethnic communities and reduce the ethnicity pay gap in their organisations.
The focus of the Committee’s inquiry was employers covered by the Public Sector Equality Duty under the Equality Act 2010, which includes large employers like local authorities, health boards as well as other public bodies.
Removal of the barriers faced by black and minority ethnic groups in accessing employment opportunities is key to addressing inequalities in housing, health, education, and participation in public life.
The Committee heard evidence that, despite various initiatives, recruitment, retention and progression of minority ethnic groups in the workplace had regressed over the last two decades and that there was a resistance on the part of employers to acknowledge the existence of institutional racism and its effects.
MSPs made a series of recommendations to address the issues highlighted by the inquiry. In a report published today, the Committee called for more use of “positive actions” to address under-representation of minority ethnic communities in the public sector workforce, and new regulations to require public bodies to publish their ethnicity pay gap, with an action plan to deliver identified outcomes with associated timescales.
Committee Convener, Ruth Maguire MSP, said:“The inquiry heard evidence that unemployment and in-work poverty remains disproportionately higher for people from minority ethnic communities than it is in the majority of the population. We are seriously concerned by the lack of progress in tackling this issue.
“It is extremely disappointing and frustrating that we regularly have to revisit this issue, and it’s little wonder that during our inquiry we heard many witnesses and representatives of black and minority ethnic communities refer to ‘consultation fatigue’.
“From the evidence we heard, there is a sense that many employers prefer to look outwards rather than inwards; as though the issue lies with the minority ethnic communities, when the reality is that the issue lies with the public authorities themselves.
“It is evident that a key factor within this is the failure of the leaders of public authorities to acknowledge the existence of institutional racism and, in so doing, failing to act to deliver a culture shift within their organisations.
“The Committee is unanimously of the view that, despite all the mechanisms at the disposal of public authorities, including their equality duties and responsibilities, the ethnicity employment gap remains unacceptable and much more needs to be done to reduce the ethnicity pay gap, so we see more minority ethnic people in senior positions.”
Ms Maguire added: “Leaders of public authorities need to be accountable for their organisations’ record on employment of ethnic minority people. They must demonstrate leadership in this area. Now is the time for them to take concerted, definitive action.
“To address the lack of progress to date and decades of damage, our report recommends that public sector employers prioritise employment from minority ethnic communities within their strategic plans. We also recommend the Scottish Government regulates to ensure public authorities publish their ethnicity pay gap figures and set out actions to deliver improvements within an agreed timeframe.
“We sincerely hope that our successor committee will not have to revisit this subject, unless it is to reflect on the result of positive action, accountability, and eradication of institutional racism in Scotland.”
A summary of written evidence in response to the Committee’s call for views has been published on its webpage. The committee also held oral evidence sessions throughout September 2020.
The Economy, Energy and Fair Work Committee has today published its interim report on the impact that COVID-19 has had on the economy in Scotland.
Over the summer, the Committee sought written evidence on four key strands of their inquiry:
• Impact on businesses and workers • Role of the enterprise agencies and SNIB • Plans for economic recovery (including scrutiny of the Advisory Group on Economic Recovery (AGER) report) • Impact on young people.
The report published today is the result of focus groups and evidence sessions where the Committee heard about struggles that are being faced due to COVID-19.
Commenting, Committee Convener Gordon Lindhurst MSP said: “This is an extremely difficult time for many businesses and workers. They play a central role to life in Scotland, providing vital services and the revenue to fund public services.
The Committee would like to thank Scotland’s businesses and workers for their resilience and hard work throughout the pandemic and to acknowledge the trying times that many are facing.”
“More than ever our economy needs to be understood and given a helping hand and the work the Committee has been doing has had the aim of reaching out to those that need help and provide them a voice.”
While the Committee has published its report today, it is still welcoming evidence from stakeholders who have been affected by COVID-19.
Gordon Lindhurst MSP added: “The Committee is particularly concerned about the impact on the pandemic on young people; for example, there has been a severe drop in the number of young people starting Modern Apprenticeships for the period April to June 2020 (which fell by 80% over the year). ”
“Every effort must be made to support young people at this time; the Scottish Government must invite young people to participate in developing policies to help them at this critical time in their lives”
The Scottish Parliament’s Economy, Energy and Fair Work Committee has published its report into legislation proposed by Labour MSP Neil Bibby to govern the relationship between tied pub tenants and pub-owning businesses.
The Tied Pubs (Scotland) Bill is being backed by CAMRA, the Campaign for Real Ale, which is calling on the Scottish Government and all parties in the Scottish Parliament to vote for the legislation when it is debated later this month.
Licensees in Scotland are currently exempt from regulations that are in place across the rest of Great Britain which stop large pub companies from taking more than is fair or sustainable from pub profits by forcing licensees to buy their beer from them rather than on the open market.
Responding to the publication of the Scottish Parliament Committee’s report, CAMRA Chairman Nik Antona said: “CAMRA is calling on Business Minister Jamie Hepburn and the Scottish Government to do the right thing and give their backing to the Tied Pubs Bill when it is debated later this month.
“This Bill will create, in law, a powerful pubs code to guarantee tied pub tenants are treated fairly and can earn a decent living.
“Scottish Government support for this legislation would be very warmly welcomed by both consumers and the licenced trade as a positive move to help pubs, publicans and pub-goers, after weeks and months of harsh restrictions which are devastating the industry.
“Just a few weeks ago Heineken’s pub arm, Star Pubs and Bars, were fined £2 million by England and Wales’ Pubs Code Adjudicator for serious and repeated breaches of the pubs code. But despite being headquartered in Edinburgh, their Scottish tenants don’t have similar protections to stop pub companies taking more than is fair or sustainable from tied licensees’ profits or make it harder to sell a range of locally-brewed products in their pubs.
“The Scottish Government must now take this opportunity to change the law so that tied pub tenants here have the same protections as those south of the border.”
The impact of the Covid-19 pandemic on home care has been revealed following an online survey by the Scottish Parliament’s Health and Sport Committee.
Published yesterday, the survey found that 54% of recipients of home care saw their care either reduced or stopped completely. In one instance, a respondent reported having their care stopped for more than six months. Reduction in care was a recurring theme from respondents with families feeling that they were “left to get on with it”.
The survey, which ran during August and September, sought to hear the experiences of both carers and care recipients during the pandemic. Key concerns raised include:
In the event of a second wave, the most important issue for those surveyed was safety. They told us it was vital to have access to appropriate PPE as well as frequent testing, and that carers should receive adequate training in both infection control and social distancing.
Additional pressures and a loss of routine led to increased anxiety for unpaid carers, who stressed the need for respite. Respondents felt “mentally exhausted” and “frightened to let staff back into their homes”.
It was agreed that there needs to be greater recognition of unpaid carers who were often “left to pick up the slack”. There were calls for more support and financial help as well as a ‘professionalisation’ of the system, with a move towards a professional career model.
A fear of services shutting down again left respondents feeling determined to “not be forgotten about” or “left to manage entirely on [their] own”. They called for the continuity of care services and care packages to remain in place in the event of future outbreaks.
Speaking as the findings of the survey were published, Committee Convener Lewis Macdonald MSP said:“The first wave of Covid-19 had a devastating impact on the social care sector in Scotland.
“Now that we’re in the midst of a second wave, and continuing national restrictions, it is vital that we hear the voices of home care workers and those receiving care at home across the country. These findings are deeply concerning suggesting over 50% of those receiving care at home saw their care reduced or stopped completely during the pandemic.
“Other concerns raised around mental health, safety, and the prospect of care shutting down again, make it clear that things must improve.
“The Committee recognises the hard work of carers, paid and unpaid, who have gone above and beyond during this unprecedented challenge and we also want to thank all those who took part in the survey for sharing their experiences in what are still very difficult times.”
