Tag: Scottish Parliament

Holyrood asked to consent to UK’s Emergency Coronavirus Bill

MSPs will scrutinise the proposed UK-wide Emergency Coronavirus Bill today. A Legislative Consent Memorandum (LCM) has been lodged requesting MSPs consent to the UK Parliament changing laws which affect the devolved powers of Scotland.

The Emergency Coronavirus Bill was laid in Westminster last week in response to the Covid19 pandemic. The Bill introduces temporary measures giving ministers wide-ranging powers to tackle the Covid19 outbreak.

The Scottish Government says in its memorandum that consent is required in a number of areas, including:

• Emergency registration of nurses and other health and care professionals.
• Temporary modification of mental health and mental capacity legislation.
• Indemnity for pandemic-related health service activity.
• Registration of deaths and still births etc and a review of cause of death certifications and cremations in Scotland.
• The temporary closure of educational institutions and childcare premises.
• Powers relating to potentially infected persons; providing public health officers, constables and immigration officers in Scotland with the necessary powers in the event that they need to be used.
• Powers to give directions relating to events, gatherings and premises.
• Vaccination and Immunisation in Scotland developing alternative programmes for vaccination delivery.
• Emergency registration of social workers in Scotland.
• Powers to direct private organisations involved in the death management industry to deal with any emerging issues in relation to the transport, storage and disposal of dead bodies.
• Temporary disapplication of disclosure offences.
• Postponement of Scottish Parliament elections for constituency vacancies and postponement of local authority elections in Scotland for casual vacancies.
• Suspension of restrictions on return to work through NHS pension scheme.
• Emergency arrangements concerning practitioners which would create a limited exception to the requirement to be on a performers list in order to practise as a GP in the NHS in Scotland.
• Appointment of temporary Judicial Commissioners.

MSPs from the Parliament’s Health and Sport Committee heard from from Jeane Freeman MSP, the Cabinet Secretary for Health and Sport this morning and  Michael Russell, Cabinet Secretary for Constitution, Europe and External Affairs, gave evidence to the Finance and Constitution Committee.

Following committee scrutiny in the morning, the full Parliament will be asked to agree to the consent motion this afternoon.

The motion, which will be lodged by the Cabinet Secretary for Constitution, Europe and External Affairs and supported by the Cabinet Secretary for Health and Sport, is:

“That the Parliament agrees that the relevant provisions of the Coronavirus Bill, introduced in the House of Commons on 19 March 2020, so far as they fall within the legislative competence of the Scottish Parliament or alter the executive competence of the Scottish Ministers, should be considered by the UK Parliament.”

Subject to parliamentary agreement, the UK Coronavirus Bill is expected to receive Royal Assent and become law by the end of March.

Watch live online: 

You can watch the committee and chamber proceedings live on Tuesday on Scottish Parliament TV.

A SPICe briefing on the Coronavirus Bill LCM is available here.

Full details of the Bill can be found here.

More information on the Scottish Government’s LCM is available here.

Scottish Parliament suspends public engagement

The Scottish Parliament has suspended public engagement activities as it prioritises supporting parliamentary business and responding to the Coronavirus.

These changes are being made to ensure that the Parliament continues to fulfil its vital functions of passing legislation, enabling Members to represent the views of the people of Scotland and to scrutinise the actions of the Scottish Government, particularly in the context of the national and international response to Covid-19.

It has also made the changes to reduce risk to visitors and staff.

From today (Tuesday 17 March), the following services have been suspended:

• Events, including Member Sponsored Events & Exhibitions;

• Tours, including Members’ Tours;

• CPG meetings at Holyrood;

• The public café and shop;

• Access to the building for the general public on Mondays, Fridays and Saturdays;

• Inward and outward education and community outreach;

• Inward and outward International Relations Office visits;

• Foreign travel for Committee business.

The Holyrood building will for now remain accessible to visitors for meetings connected with parliamentary or constituency business.

The public galleries in the Chamber and Committees will also remain open when Parliament is sitting, though the public is encouraged to watch online at www.scottishparliament.tv.

Speaking as the announcement was made, Presiding Officer, Rt Hon Ken Macintosh MSP, said: “With each day that passes, it has become clearer that we are facing extremely challenging circumstances now and in the weeks ahead.

“All parties in the Parliament have agreed that we must take further steps in order to prioritise Chamber and Committee Business.

“While openness and accessibility are cornerstones of the Scottish Parliament, the coming weeks are likely to see major changes to how we operate from normal.

“We will continue to monitor developments closely, and remain in regular contact with other UK legislatures, the Scottish Government and the Chief Medical Officer.

“We recognise that this health emergency is creating great anxiety amongst staff, Members and visitors alike, and our response will continue to evolve taking account of the latest information available and closely following the public health advice.”

MSPs to grill Scottish Secretary

Holyrood’s Culture, Tourism, Europe and External Affairs Committee will today question the Secretary of State for Scotland Alister Jack (above) about the Withdrawal Agreement and the future relationship between the European Union and the UK.

In recent weeks the Committee has taken evidence from a wide range of experts with regard to the Northern Ireland protocol and the likely priorities of the EU and the UK Government in the forthcoming future relationship negotiations.  The Committee has also taken evidence from the Cabinet Secretary for Constitution, Europe and External Affairs, Michael Russell MSP.

Committee Convener Joan McAlpine said: “The clock is ticking for the UK to agree to its future relationship with the EU and we continue to lack clarity on the form that relationship will take.  

“The future relationship between the EU and the UK will have a significant impact on the day to day lives of people in Scotland. Thursday’s session – the first occasion the Secretary of State has provided evidence in the Scottish Parliament – will hopefully provide some clarity on what that future relationship will be.”

Deputy Convener, Claire Baker said: “Evidence that the Committee has taken in recent weeks has highlighted that considerable detail requires to be worked out regarding the operation of the Northern Ireland protocol, whilst the form of the future relationship with the EU remains highly uncertain, with leaving without a trade deal still a distinct possibility.

“The Secretary of State for Scotland has serious concerns to address so that we can avoid 9 months of further uncertainty.”

See the committee papers for Thursday here.

The UK Government risks “breaching the basic premise of the Union” in EU-UK negotiations if it fails to respect the Scottish legal system, Constitution Secretary Michael Russell (above) warned MSPs yesterday.

In a statement updating the Scottish Parliament on the Brexit negotiations, Mr Russell said the Scottish Government and Parliament must be involved in deciding the UK negotiating stance on devolved matters such as fisheries, the environment and justice, as well as the many other issues that will affect Scotland.

He added that the UK Government was intent on a hard Brexit which “will result in the people of Scotland being worse off financially, cut off practically and turned off politically from the European mainstream”.

Mr Russell said: “Devolved issues such as agriculture, environment and fisheries will be at the heart of these negotiations. As the legally and politically responsible body this (Scottish) Parliament and this Government must be involved in deciding on what stance to take.

“The UK Government must respect and take full account of the Scottish legal system – our separate courts, prosecution system and police. To fail to do so would be a breach not just of convention, nor even of the devolution settlement, but of the basic premise on which the Union is founded, for that includes protection for our legal system.

“No-one speaks for us, and no-one speaks about us, without us.

“We are now entering an even more difficult phase of the Brexit process which, if handled the way the UK Government proposes, will have severe negative impacts for the vast majority of people in Scotland. I continue to urge the UK Government to move back from its current aggressive rhetoric and ideological obsession with a very damaging hard Brexit.

“But I also urge this chamber to speak up for Scotland and put differences aside to do so.”

USDAW: Shopworkers need legal protection

Too many shopworkers are assaulted and they need the protection of the law, Usdaw will tell a Scottish Parliament Committee today.

Shopworkers’ trade union Usdaw will today give evidence to the Scottish Parliament’s Economy, Energy and Fair Work Committee in support of the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Bill, which is being promoted by Daniel Johnson MSP (Labour, Edinburgh Southern).

The Committee will meet at 9.45am in the Scottish Parliament’s David Livingstone Room (CR6).

As well as taking evidence from Usdaw, the committee will also hear from: Law Society of Scotland; Police Scotland; Scottish Grocers’ Federation; Scottish Retail Consortium; The Scottish Beer and Pub Association; Co-operative Group, and GMB.

Usdaw’s 2019 Freedom From Fear survey of over 1,000 Scottish retail workers shows that:

  • More than 6 in 10 Scottish retail workers experienced verbal abuse.
  • 32% were threatened by a customer.
  • 2.3% were assaulted, which amounts to more than 15* assaults every day across all of Scotland’s shopworkers.

Stewart Forrest, Usdaw Scottish Divisional Officer, said: “Violence, threats and abuse against workers is totally unacceptable and we welcome the opportunity to give evidence in support of Daniel Johnson’s Bill.

“The statistics are shocking, showing that on average a Scottish shopworker can end up on the wrong side of a verbal or physical assault more than once every three weeks. Our message is clear, abuse is not a part of the job.

“Life on the frontline of retail can be pretty tough for many shopworkers and there is still a lot to do to help protect them. We launched our Freedom From Fear Campaign in the face of growing concerns amongst retail staff about violence, threats and abuse. The campaign works with employers to promote respect.

“There needs to be a simple stand-alone offence that is widely recognised and understood by the public, police, the judiciary and most importantly criminals. Retail staff have a crucial role in our communities and that role must be valued and respected, they deserve the protection of the law.”

Voices from the Scottish frontline: 

As part of Usdaw’s survey of violence, threats and abuse against shopworkers, respondents have the opportunity to feed back their experiences, here are some examples from Scotland:

Alcohol: Aberdeen – “Customer under influence refused alcohol and became abusive and threatened staff.” Bellshill – “Because Scottish licencing laws are not clear to customers, I receive abuse on a regular occurrence.” Irvine – “Daily abuse from customers under the influence of drugs and alcohol”. Glasgow – “Couldn’t sell alcohol before 10 am got an earful and told I’d ruined her life.” Aberdeenshire – “Refused customer alcohol as they were drunk they tried to grab my hair and grabbed hold of my shirt.”

Age-restricted sales: Broxburn – “Customers very aggressive when refused sale of age restricted products, particularly alcohol. They think it’s ok to shout and swear at you using language that is disgusting and personal insults.” Fife – “ID’d someone who looked about 19, called a ‘ginger c**t’.” Fraserburgh – “Refused customer cigarettes and they started shouting and swearing”. Stranraer – “I was sworn at when I refused sale of a restricted item without ID”.

Throwing goods: Inverurie – “Customer threw items of their shopping at me as they were unhappy about the price.” Aberdeen – “I asked some youths to leave the store and they started throwing things at me.” Dalkeith – “One time a customer threw a computer at the manager.” Stenhousemuir – “His scotch pie, was not hot, he threw it back at me, and it hit my face.”

Sexual harassment: Fife – “Customer talking to members of staff inappropriately forcing members to be feel uncomfortable.” Moray coast – “Usually more sexual harassment that makes me feel extremely threatened and unsafe” Glasgow – “Got flashed by a customer, have had customers grab me and comment on my breasts.”

Shoplifters: Fife – “Shoplifter tried to head-butt me”. Braehead – “Chasing shoplifters – threatened with knife and syringes.” Glasgow – “Shoplifter tried to headbutt and kick me whilst he was being detained. Threatened to find my family using social media and slash their faces.”

Belittling: Wick – “Asked if I was stupid, spoken to like a child.” Dumfries – “I was asked if I was a normal person or not.” Dunfermline – “A customer once told me he wished I’d go away and kill myself for trying to do my job helping him.” Glasgow – “I have been called a fat cow and a jobs worth from shoplifters”.

Assault: Dingwall – “One customer elbowed me on purpose when I went past.” Greenock – “Was attacked and a fag stubbed out on my face.” Stirling – “Shoplifter pushed me over dislocating shoulder”.

Verbal abuse: Dundee – “I have had customers shout at me if something doesn’t go right and called many names, such as b***h and c**t.” Inverness – “A Woman was very upset about our lack of 10p bags and got verbally abusive.” Kilmarnock – “People being rude and bad mannered if they have to wait more than a minute in a queue.”

After work: Edinburgh – “I have been stopped in the street going home and verbally abused by a family member of a shoplifter that I had caught previously that day. I feel very uncomfortable being put in that situation as these people know where I live and are known to be violent!” Irvine – “Got threatened to be done away with because I closing the store!” Glasgow – “Threat to be stabbed, have car smashed up, to be met when finished work, called names, spat at. The list goes on”.

Support for pub landlords

A Members Bill which aims to create a fairer environment for pub landlords is to be scrutinised by Holyrood’s Economy, Energy and Fair Work Committee.

The Committee has today issued a call for views on the Tied Pubs Scotland Bill which seeks to strengthen the position of pub tenants through the creation of a Scottish Pubs Code. This proposed legislation would give landlords more of a say in their business while an independent adjudicator would oversee the application of the new code.

The Bill also seeks to improve choice for consumers, by making locally brewed products more accessible in tied pubs.

Committee Deputy Convener, Willie Coffey MSP said: “With around 750 tied pubs in Scotland, we want to know what impact this legislation would have on local businesses and the communities that they are at the heart of.

“We want to hear from pub landlords, tenants and brewers to understand if changes need to be made.”

A copy of the Bill, and its accompanying documents, are available on the Scottish Parliament’s website.

  • What are your views on the Bill overall? Do you think that legislation in this area is necessary?
  • Do you think the Bill achieves its aim of improving the relationship between pub-owning businesses and their tenants?
  • Could the Bill have any impact on investment in the pub sector in Scotland?
  • Should the Scottish Pubs Code apply to all pub owning businesses and tenants in Scotland?
  • Do you have any comments on the role of the Adjudicator?
  • The Policy Memorandum states that the Bill aims to adapt the 2015 Act to Scottish circumstances and to avoid problems experienced in implementing the Act in England and Wales. Do you think the Bill meets these aims?
  • The Bill proposes that tied tenants have the option to apply to their pub owning business for a quote for a „Market rent only‟ (MRO) contract. Do you agree with this proposal and how do you think it would work in practice?
  • The Bill proposes that tenants should have the right to stock at least one guest beer at any time, irrespective of the terms of their contract. What impact would this have?
  • The Bill proposes that the office of Pub Code Adjudicator will be funded through a levy on pub-owning companies in scope of the code. The Financial Memorandum estimates that annual costs for pub-owning businesses will be around £6,000 to £86,700 depending on size. The Committee would welcome any views of these estimates (and the assumptions around the volume of work for the office of the Pub Code Adjudicator) and the funding model.
  • Do you have any other comments on the Bill?

MSPs Welcome Further Protections for Animals and Wildlife

Greater protections to strengthen the health and welfare of animals and wildlife in Scotland have been supported in a report issued yesterday by Holyrood’s Environment, Climate Change and Land Reform Committee.

Key provisions within the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill are:

• The increase of maximum penalties for animal welfare and wildlife crime offences to five years in prison
• The creation of fixed penalty notices for minor offences
• Removal of the requirement for court orders for rehoming animals.
• Increased protection for service animals (Finn’s Law) through the removal of the defence of self-defence.

Whilst considering the Bill, the Committee raised concerns about the lack of a central registration system to facilitate information sharing between authorities and agencies in relation, for example, to previous convictions.

Committee Convener, Gillian Martin MSP, (above) said: “We have explored the proposed penalties along with the powers given to those authorised to take animals into possession on welfare grounds. The Bill was widely welcomed but we believed more could be done.

“We recognise the tight focus of the Bill but we’re also in no doubt that it goes a long way to improving animal and wildlife protections in Scotland. When implemented, there should be greater co-operation, greater resourcing and greater awareness of the issues involved. The health and welfare of our animals and wildlife will be significantly improved.”

Additional recommendations made within the report include:

• That the options for enhanced detection and prosecution by expanding the powers of the SSPCA be explored
• That impact statements should be used as a matter of standard practise
• That the Scottish Government works with the Crown Office to provide more clarity and guidance about vicarious liability

See below for copy of the Committee report:

ECCLRS0520R1 (003)

Committee rejects Period Products Bill

A Bill which would have placed a duty on the Scottish Government to ensure free period products are available on a universal basis has failed to win the support of a Scottish Parliament Committee.

The Local Government and Communities Committee said that while they are unanimous in their support of the intentions underpinning the Period Products (Free Provision) (Scotland) Bill, more clarity on both costs and what such a scheme would look like is required before legislation should be contemplated.

The majority of the Committee raised concerns over the financing of the scheme, highlighting the large disparity between the costs to implement a universal scheme presented in the Bill’s Financial Memorandum and the Scottish Government’s own estimates.

The Committee took evidence on targeted measures already put in place by the Scottish Government which provide free period products in schools, universities and some local authority buildings.

The Committee commended the work of MSP Monica Lennon in bringing forward the Bill – but, in scrutinising the proposed legislation, learned that evaluation of those measures is ongoing.

The majority of the Committee agreed that there was a lack of clarity on whether a universal scheme was needed, what the total cost might be and how much it may grow. They were also concerned about the significant work which would be required by Ministers to devise and develop a universal scheme.

Local Government and Communities Committee Convener, James Dornan MSP, said: “A difficulty in affording and accessing period products affects people across Scotland every day, and the Committee is aware of the need to reduce stigma around menstruation.

“We applaud Monica Lennon for all her efforts in bringing this Bill before the Scottish Parliament and helping to raise awareness of these issues.

“The Committee also commends the work undertaken by local authorities, the third sector, and grassroots groups to promote and deliver existing schemes and welcomes the positive response to the Government’s targeted provision of free products.

“However, the Committee has concerns about the Bill as drafted, including a lack of clarity over how much a universal scheme would cost, what a scheme would look like and the work required by Ministers to implement it.

“This is clearly a serious and important issue and the Scottish Government should ensure that current schemes are accessible to everyone who needs them. But for the majority of the Committee it is clear that the legislation before us is not the answer.

“Andy Wightman MSP and Sarah Boyack MSP did support the General Principles of the Bill and dissented from a number of the Report’s conclusions. Details can be found in the Committee’s report.”

Scotland’s student teachers: learning the lessons

The lessons being learned by Scotland’s student teachers will be put to the test as part of a new inquiry by Holyrood’s Education and Skills Committee.

The inquiry will explore whether teachers leave initial teacher education sufficiently ready and confident for the challenges they will face in Scotland’s classrooms. Continue reading Scotland’s student teachers: learning the lessons

It’s time to tackle road repairs, says Holyrood Committee

A step change is required in the planning, funding and delivery of roads maintenance services to address a £3 billion backlog in repair and improvement works on Scotland’s roads network, according to the Scottish Parliament’s Rural Economy and Connectivity Committee. Continue reading It’s time to tackle road repairs, says Holyrood Committee