Holyrood’s Finance & Constitution Committee has launched a call for views on the UK Government’s controversial Internal Market Bill, which was was introduced at Westminster on 9 September.
According to its explanatory notes, the purpose of the Bill is to “preserve the UK internal market, providing continued certainty for people and businesses to work and trade freely across the whole of the UK.”
All parts of the Bill trigger the need for legislative consent from the Scottish Parliament – but the Scottish Government has indicated it will not recommend that consent be given.
The Finance & Constitution Committee is therefore seeking views from all interested organisations and individuals to help inform its parliamentary scrutiny of the Bill and of the Scottish Government’s legislative consent memorandum.
The deadline for submissions is 24 September 2020.
Finance & Constitution Committee Convener Bruce Crawford MSP said:“The creation of a UK internal market and how it operates will impact on a wide range of Scottish organisations, including Scottish businesses – especially food production and agriculture, environmental and consumer organisations, as well as the third and voluntary sector and the wider public.
“It is vital therefore that we hear from people who are going to be affected by this Bill, but we only have until 24 September to do so. This is time critical.”
The Committee is scrutinising the UK Internal Market Bill as well as the forthcoming Legislative Consent Memorandum.
In order to inform its scrutiny, the Committee is seeking views, especially in the following areas:
The Health and Sport Committee will hear from NHS Lothian on the impact of the Covid-19 pandemic today.
This will include discussion of the health board’s 2020-21 budget, such as whether costs associated with the pandemic have been offset by savings in other departments.
The Committee will also explore the long-term effects of Covid-19 on health boards, including the funding of Integrated Joint Boards (IJBs). The Committee will also seek to find out what planning has been carried out in anticipation of a potential second wave of the virus.
Appearing before the Committee for this evidence session will be:
The NHS Lothian session follows the appearance of NHS Greater Glasgow and Clyde.
The Cabinet Secretary for Justice, Humza Yousaf MSP, will also give evidence on the latest travel regulations relating to the Covid-19 pandemic. This will be the first item on the Committee’s agenda, which starts at 9.45am.
New legislation which would incorporate the United Nations Convention on the Rights of the Child (UNCRC) into Scots law and allow children to take public authorities to court for breaches of their rights is to be considered by a Holyrood Committee.
The Bill legally obliges public authorities – including Scottish Ministers – to respect children’s rights, placing them under a duty not to act incompatibly with the UN Convention, while Ministers will also be required to make a Children’s Rights Scheme to set out how it will comply with the duty.
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.
The Bill also provides new powers to the Children and Young People’s Commissioner in Scotland (CYPCS) to litigate in the public interest, which would enable the Commissioner to take cases to court on behalf of children and provide advice to courts about the Convention.
Committee Convener, Ruth Maguire MSP, said: “The UNCRC is the most widely ratified human rights treaty in the world and this Bill aims to incorporate the treaty into domestic law so that all children in Scotland – whatever their ethnicity, gender, religion or abilities – have their rights respected.
“We want to hear from children and young people, as well from public authorities and third sector organisations, about whether they think this legislation will make it easier for children to access and enforce their rights.
“Children have different experiences and backgrounds, so we want to explore the existing barriers which currently prevent young people from making sure their rights are respected.
“We also want to consider whether the Bill goes far enough and if there is anything more that can be done to make children’s rights stronger in Scotland.”
The closing date for responses to the committee, which is expected to be designated lead committee for stage one of the Bill, is Friday 16 October 2020.
The UNCRC was adopted by the General Assembly of the 1989 and ratified by the UK Government in 1991. Since then the UK has been obliged under international law to give effect to the rights set out in the UNCRC.
It sets out the civil, political, economic, social and cultural rights that all children are entitled to and is the most widely ratified human rights treaty in the world. The rights in the UNCRC, which consists of 54 articles, are guaranteed to every child whatever their ethnicity, gender, religion, language, abilities or any other status.
The UK has also signed two out of three optional protocols: (1) on the involvement of children in armed conflict; and (2) on the sale of children, child prostitution and child pornography.
The third optional protocol, which allows complaints to be made to the UN Committee on the Rights of the Child, has not yet been signed by the UK.
While the UK is bound by the UNCRC in international law, because the UNCRC has not been incorporated into domestic law, those rights are not part of the law which can be enforced directly in Scottish courts.
The Scottish Joint Industry Board (SJIB) and Unite the Union have welcomed the launch of a consultation exercise which it is hoped will lead to the introduction of a Member’s Bill calling for regulation of electricians.
Both organisations are supporting the proposed Bill, which MSP Jamie Halcro Johnston plans to put forward following the new consultation announced last week.
The Bill by the Conservative MSP for the Highlands and Islands is calling for the introduction of protection of title, which would ensure that only properly qualified and experienced professionals could call themselves an electrician.
Mr Halcro Johnston said: “Poor quality work has potentially dangerous consequences and presents a risk to neighbours and a financial cost to insurers, as well as placing our emergency services unnecessarily in harm’s way.
“The proposed Bill would ensure that electricians undertaking work are qualified to do so and effectively registered. This will not only benefit the end consumer, but also the electrical industry, which depends on the trust of the wider public.
“Unfortunately, due to restrictions on parliamentary time, my Bill won’t be able to get through during the current parliamentary session. However, by doing this, we have started a process which could lead to an historic and long overdue change after the 2021 election.”
The launch of the consultation was endorsed by the SJIB, which is one of the many organisations backing a rapidly-growing campaign for recognition of electrician as a profession.
Fiona Harper, The Secretary of the SJIB, said: “This consultation is the first part of a very important journey to ensure that only those who are appropriately qualified and experienced are allowed to call themselves an electrician.
“It adds further momentum to the industry’s commitment to improve consumer safety and is another important milestone in protecting people and businesses across Scotland.
“We would like to thank Mr Halcro Johnston for his hard work in getting this important matter to this stage and we look forward to seeing its development.”
Pat Rafferty, Unite Scotland Regional Secretary, added: “This announcement is another step on the road to protecting the reputation of properly qualified electricians, both now and for the next generation.
“Ensuring that skills, qualifications and competence are properly protected will underpin the future of our industry and help raise the bar across our profession as a whole.”
However, Fiona added: “Momentum is everything, so it’s vital that regulation happens as soon as possible. Every day we spend debating is another day that the public are exposed to shoddy and sub-standard electrical work, performed by so-called electricians with no qualifications at all.”
The SJIB and Unite are among the organisations supporting the #BackTheBrick campaign spearheaded by SELECT, Scotland’s largest trade association.
The association has been pressing the Scottish Government for regulation of electricians and has received significant support from MPs, MSPs and major organisations. In May, Liberal-Democrat MSP Alex Cole-Hamilton and SNP MP Alan Brown added their names to the SELECT Wall of Support, following in the footsteps of the 32 MSPs who vowed to support the campaign in November 2019.
The issue has already been debated in the Scottish Parliament, with an Electricians Working Group convened to explore the challenges of ensuring the safety of electrical installations and protecting consumers.
The consultation can be responded to here and is open until Tuesday 10 November 2020.
The impact of the coronavirus pandemic on future public spending decisions to protect equalities and human rights in Scotland is to be considered by a Holyrood Committee.
The Scottish Parliament’s Equalities and Human Rights (EHRi) Committee has issued a call for views on the financial implications arising from Covid-19, including the impact on funding of third sector organisations which support people to be treated equally and to access their rights.
MSPs will focus on how inequalities highlighted by the public health emergency and the response to the crisis can be addressed in Scotland’s economic recovery.
The Committee also seeks views on what more can be done to ensure equalities and human rights are central to Scottish Government budget decisions.
Committee Convener, Ruth Maguire MSP, said: “As this committee’s on-going inquiry into the impact of Covid-19 on equalities and human rights has shown, it is some of society’s most vulnerable groups who have experienced disproportionately negative effects as a result of the virus and as a consequence of the lockdown measures imposed.
“Covid-19 has exacerbated existing inequalities in Scotland, but it has also shown that positive outcomes can be achieved with targeted funding to support individuals and particular groups.
“Now that we are moving out of the crisis and restarting the economy, we want to hear how the pandemic has affected funding to support people to access their rights and ensure they are treated equally.
“We also want to explore how the Scottish Government considers equalities and human rights when it makes budget decisions. We want to know what actions should be taken and what data collected to make this happen more effectively, to address the unequal impact of Covid-19 on specific groups and tackle long-standing health and social inequalities in Scotland.”
The closing date for responses to the call for views is Friday 18 September 2020.
The Committee is are looking for information about the following questions:
1. Last year we were successful in getting the Scottish Government to commit to increasing the Equalities and Human Rights allocation to £30.2m. What is this extra money being used for and is it enough?
2. During last year’s budget scrutiny, we found that spending decisions were sometimes being made without due consideration to equality impact assessments. With unprecedented levels of grants being provided to the private and third sectors over the past six months in response to COVID 19, how confident is the third sector and other stakeholders that money is being committed only after due consideration is given to equality impacts?
3. In the Scottish Government’s response to the Advisory Group on Economic Recovery, the Scottish Government has committed (p.69-70) to “recognise the necessity of embedding an Equalities and Human Rights approach across our policy thinking and development for economic recovery and renewal.” It has listed what it’s done so far to help meet this commitment and what it intends to do in the near future. What more should be done and how can the 2021-22 budget contribute?
A Scottish Parliament Committee has warned that more needs to be done to ensure that young people who need help with their mental health can access support at the earliest opportunity.
A Scottish Parliament Committee has warned that more needs to be done to ensure that young people who need help with their mental health can access support at the earliest opportunity.
In a report published yesterday, the Public Petitions Committee has said that despite efforts to improve the provision of early intervention mental health services, more needs to be done to ensure that young people feeling low or anxious, or both, can access advice and support.
The Committee’s inquiry into mental health support for young people in Scotland was driven by petition PE1627, which called for consultation with, and consent from, a parent or guardian before prescribing medication to treat mental ill health if the patient is under 18 years of age. The petition was lodged by Annette McKenzie following the tragic death of her daughter, Britney, from an overdose of prescription medication.
While there was limited support for the primary action being called for in the petition, the Committee backed the current guidance, which asks GPs to encourage patients to speak to their families and seek support.
MSPs were however concerned by the evidence heard highlighting serious concerns about the experiences of young people seeking help for their mental health, particularly for the first time.
Some young people explained that they felt cast aside by their GP, despite their obvious signs of distress, and in some cases, the distress escalated to self-harming and attempting suicide.
During its inquiry, the Committee found that young people, and those supporting them, are often unaware of the availability of initial support services. As a result, young people are often inappropriately referred to specialist Child and Adolescent Mental Health Services (CAMHS) only to be rejected for not meeting NHS board criteria.
While the Committee welcomed the Government’s commitment to ensure every secondary school has access to counselling services, it warned that this alone will not address the wide-ranging needs of young people. It can therefore only be part of a larger package of measures, complementing existing services and forms of support.
To achieve this, the Committee has made recommendations for the Scottish Government, COSLA, integration authorities and Education Scotland.
These include:
• That authorities set out clear pathways to support for young people seeking help by the end of 2020. • That there should be local ‘inventories’ of mental health services in each area so it is clear to professionals what support is available in each area. This work should be completed no later than by the end of 2020. • That work is undertaken to identify how to support parents and carers in accessing information about their children’s mental health, as well as signposting them to the right services. • That the provision of school counsellors is reviewed to ensure they are delivering their services most effectively; and that Personal and Social Education (PSE) becomes more relevant and empowering for young people.
The counsellor review should be reported to Parliament by early 2022, with the Government review of PSE due to be implemented in March 2021.
• That teachers are empowered to identify and support young people with their mental health. Mental health first aid training should be included in Initial Teacher Education by the start of academic year 2021/22. • That the Government should consider ways to help employers of young people fulfil their duty of care when it comes to supporting their mental wellbeing.
The Committee also recognised the efforts and dedication of all those supporting young people, and hope that this work will allow young people themselves, as well as parents, carers, teachers, medical professionals, and others working with young people to feel able to find the right help.
Committee Convener Johann Lamont MSP, said: “The Committee wants to recognise the work of Annette McKenzie, who has shown such courage in highlighting the concerns in her petition. She has done so in circumstances which no parent should ever have to face.
“During the Committee’s work on the inquiry, we have found a troubling picture.
“Though anyone can experience low mood, anxiety, or both, at some point in their life, when it comes to seeking support, young people often find themselves facing a cluttered and even confusing landscape, which too frequently does not provide the support needed.
“While the Committee welcomes those measures announced by the Scottish Government to improve the situation, these are not enough to address the substantial gap that remains in the provision of mental health services, or to improve understanding of the help available.
“Therefore, we believe that the Government should work urgently with authorities to ensure that not only is there sufficient provision available at the local level, but that this is clearly communicated and easily accessible, both for young people and those they are turning to for help.
“The need for this work will only be increased by COVID-19, and its consequent impact on young people’s mental health.”
A Bill aiming to strengthen local government in Scotland is to be scrutinised by a Holyrood Committee.
The Scottish Parliament’s Local Government and Communities Committee is seeking views on a Member’s Bill which aims to incorporate the European Charter of Local Self-Government into Scots law.
The Charter, which was created in 1985 by the Council of Europe and ratified by the UK in 1997, sets out 10 principles to protect the basic powers of local authorities, concerning the political, administrative and financial independence of local authorities.
The Bill would allow people and organisations to challenge the Scottish Government in court if its laws or decisions are not compatible with the Charter.
Speaking as the call for views was launched, Committee Convener James Dornan MSP, said: “Local authorities deliver a wide range of services that are a vital part of our daily lives; from social care and public libraries to planning and street cleaning.
“The aim of this Bill is to strengthen local democracy by increasing the autonomy of local authorities and enshrining support for local government into law.
“The Committee are interested in hearing from people across Scotland as to whether they feel this Bill will support local government, strengthen the bond between councils and communities and make a practical difference to people’s lives.
“We also want to make sure it would have no unintended consequences. We are keen to hear whether the public supports these measures.
“We also want to gather thoughts on the financial impact of this legislation, and whether this will have a positive impact on equality and human rights.”
The deadline for responses to the call for views is Thursday 17 September 2020.
Holyrood’s Environment, Climate Change and Land Reform Committee has launched an inquiry into how Scotland can ensure that a green, just and resilient recovery is central in our response to the social and economic challenges of the COVID-19 health crisis.
The inquiry will focus on identifying the principles, opportunities, key actions for change, immediate priorities, leadership and governance needed to underpin an effective green recovery, as well as the potential barriers to implementation.
The Committee has issued a call for views to help inform its inquiry over the coming weeks.
Gillian Martin MSP (above), Convener of the Environment, Climate Change and Land Reform Committee, said: “The global pandemic has been responsible for creating immediate challenges across almost every aspect of modern day living.
“But pre-COVID-19, we already faced the biggest and most immediate challenge of all – Climate Change. We have proven that, as a nation, we can adapt our behaviours and thinking for the greater good, so it makes complete sense that within this mindset, we grab the opportunity to change our habits and thinking to bring us out of this crisis in a green and sustainable way.
“A reframed pathway will help us meet our climate change targets for 2030, 2040 and 2045 at the same time as creating a stronger, cleaner and more resilient economy.”
“If you have views on how we should progress from here, our Committee would love to hear from you. You may be an environmental expert; belong to a third sector organisation or campaign group; local authority or non-departmental public body or be a member of the public. All of your views are important and help us reach the conclusions we take to the Scottish Parliament.”
The Committee would particularly welcome views on the following questions –
Do the principles of sustainable development* (Webpage Annex A) and those proposed by the UK Committee on Climate Change**, provide a comprehensive framework for guiding an effective green recovery in Scotland?
What are the key barriers to delivering a green recovery (within your sector and / or community)?
What key policies, actions and immediate priorities are needed to deliver a green recovery (within your sector and / or community)?
How should the 2021/22 Budget support a green and sustainable recovery and avoid locking in carbon?
What funding is needed to deliver a green and sustainable recovery?
The closing date for responses is Friday 7 August 2020.
Progress has been too slow, Committee warns football authorities
Legislation and external regulation may be the only way to protect the rights of children and young people involved in youth football, a Scottish Parliament Committee has warned.
In a report published today, the Public Petitions Committee welcomed measures introduced by the Scottish Football Association (SFA) and Scottish Professional Football League (SPFL) since it first raised concerns about unfair contracts and the state of youth football.
However, the Committee has also warned that progress in many areas has been too slow and that systemic issues remain, with over ten years passing since the petition was first lodged in Parliament – making it the longest-running petition in The Scottish Parliament.
While developments such as Club Academy Scotland players now being able to play recreational football, the establishment of a young player wellbeing panel, and the publication of a ‘Child Wellbeing and Protection Strategy’, have demonstrated a commitment to addressing the concerns raised in the petition, the Committee is not satisfied changes have improved child welfare sufficiently.
“The Committee is therefore making a number of recommendations to footballing authorities and the Government.”. It then continues “This includes calling for an independent evaluation of the work which has been carried out, in order to ensure the wellbeing of young players are protected with the possibility of legislation as a last resort”.
Committee recommendations and conclusions include:
That players under the age of 16 should not be required to sign up to multi-year contracts, proposing to extend the one-year registration period for players aged 10-14 to include 15-year-olds;
That there should be an annual sampling of contracts to ensure that young players are being paid the minimum wage, however their club chooses to remunerate them;
That the Government works with the SFA and SPFL to fully evaluate the measures already introduced, as well as to investigate the recommended changes;
That it is incumbent on the Children and Young People’s Commissioner to maintain a clear focus on addressing the outstanding issues raised in this petition, as there appear to be breaches occurring in regard to young people’s human rights in football.
Speaking as the report was published, Committee Convener Johann Lamont MSP, said: “There is a huge power imbalance between football clubs and the young people who aspire to play for them.
“Football is a passion for many young people and an offer to join a club’s youth set up may seem like a golden ticket. However, clubs trading in children’s dreams should not be hiding devils in the detail, such as contractual small print which too many young people and their parents or carers may overlook until it is too late.
“The Committee welcomes some of the measures introduced by the SFA since our consideration of this petition began, but this progress has been painfully slow. After 10 years, the Committee believes that time is up.
“A number of the issues in this petition are not simply about football, but the protection and welfare of our young people. Children under the age of 16 should not be expected to sign exploitative multi-year contracts, and young players should expect to be paid at least the minimum wage for their work.
“We are also concerned that the current Children and Young People’s Commissioner is not prioritising this petition in his office’s work, despite agreeing with his predecessor that issues remain unresolved.
“We believe that the Commissioner’s office still has a critical role to play in ensuring the rights of children involved in youth football are not overlooked.”
First lodged on 11th March 2010, PE1319 ‘Improving youth football in Scotland’ has become the Parliament’s longest-running petition ever.
Holyrood’s Social Security Committee has backed a Bill which would allow adult benefit claimants who consent to nominate an appointee to claim benefits on their behalf. However MSPs have warned that suitable safeguards must be put in place to limit fraud and the exploitation of vulnerable people.
The Committee has recommended the Bill be amended to include safeguarding principles that underpin the detail of how the appointee system will work and protect it from abuse. They have urged the Scottish Government to bring forward detailed guidance which should also be statutory.
The Committee published its Stage 1 report in response to the Social Security Administration and Tribunal Membership (Scotland) Bill which makes changes to the Social Security Act of 2018.
They have also backed a change which would allow health professionals, other than doctors, to verify that a claimant is terminally ill meaning their disability benefit claim would be fast-tracked.
Bob Doris MSP, Convener of the Social Security Committee, said: “The Committee welcomes this legislation and strongly supports the general principles of this Bill including allowing anyone in receipt of benefits to appoint someone to collect benefits on their behalf.
“However, submissions to the Committee from the Equality and Human Rights Commission (EHRC) and the Law Society of Scotland outlined that without suitable safeguards in the legislation, the appointee system would not be compliant with human rights legislation and could be open to abuse.
“The Scottish Government’s principal safeguard is that consent must be given. However, the legislation should go further and build in additional safeguards such as the ability to challenge appointee decisions, undertake periodic reviews and resolve disputes.
“We are also keen to see amendments brought forward at Stage 2 which would ensure there is a duty to inform people of their eligibility for all top up benefits including the Scottish Child Payment.”
