Holyrood’s Local Government and Communities Committee is seeking views on a new Bill which aims to increase private tenants’ protection by limiting rent increases and allowing them to seek a “fair” rent.
The Fair Rents (Scotland) Bill, a Member’s Bill from Pauline McNeill MSP, would prevent a landlord of a private residential tenancy from increasing rent in any year by more than the Consumer Price Index (CPI) plus 1%.
The Bill seeks to provide greater protections for private tenants by allowing them to apply at any time to a Rent Officer for a ‘fair open market rent’ to be set for a property. In deciding the application, the Officer would take into account matters like whether the property has poor energy efficiency or is in a bad condition.
The Bill would also make private landlords enter more detailed information about their property in the Scottish Landlord Register, including the monthly rent charged.
Local Government and Communities Committee Convener James Dornan MSP said: “The proportion of households in private rented housing now stands at just under 15%.
“As the private rented sector in Scotland has grown over the last couple of decades there have been various reforms to tighten the regulation of landlords and give tenants more rights. But the stated ambition behind this Bill is to change the balance of power further. It would cap rent increases to 1% plus CPI and to allow tenants more scope to challenge rents.
“We are keen to hear views about whether this further change is necessary and whether the provisions in the Bill are workable and will have the intended impact.
“We also want to find out what the financial impact of this Bill would be upon private tenants, landlords, the wider rented sector and others, and we welcome the opportunity to hear views on this proposed legislation.”
The cap on rent rises imposed by the Bill and the right to seek a “fair open market rent” apply to holders of ‘Private Residential Tenancies’ which have been the standard type of tenancy since 2017. The Bill will not impact rent-a-room agreements where the lodger rents in the owner’s home.
Statement given by First Minister Nicola Sturgeon to the Scottish Parliament, (Tuesday 22 September):
Thank you Presiding Officer. I want to update the chamber on additional restrictions that the Scottish Government believes are now necessary to get COVID back under control as we enter winter.
I will also set out why these measures are essential, and the principles and priorities that have guided our decisions.
First, though, let me provide a summary of today’s statistics.
Since yesterday, an additional 383 cases of COVID have been confirmed.
That represents 7.6% of people newly tested, and takes the total number of cases to 25,009.
A total of 73 patients are currently in hospital with confirmed COVID, which is the same as yesterday. And 10 people are in intensive care which is two more than yesterday.
I am also sorry to report that in the past 24 hours, one further death has been registered of a patient who had tested positive. The total number of deaths in Scotland under that measurement is now 2,506.
That reminds us of the impact of COVID. These deaths are not just statistics – they are of real people whose loss is a source of heartbreak and my condolences go to everyone who has lost a loved one to this illness.
Today’s figures reflect the course the virus has taken in recent weeks.
In mid-July, we were recording an average of nine new cases every day. Around four weeks later, that had risen to an average of 52 a day. Three weeks after that, it was 102. And as of today the average daily number of cases is 285.
We have also seen an increase in the percentage of tests coming back positive. In late August, that percentage was consistently below 1%. Today it is over 7%.
The R number is above 1 again, possibly as high as 1.4.
Now it is worth stressing that this growth in cases – because of the collective sacrifices we all made to drive infection levels down over the summer period – is from a low base.
It is also, at this stage, far less rapid than it was in March.
But it is rising, faster than we can be comfortable with and we cannot let it continue unchecked.
And while in recent weeks, the biggest number of new cases has been in people under the age of 40, we now see an increase amongst the older population too.
And unsurprisingly, in light of that, hospital and intensive care admissions and also deaths are starting to rise as well.
All of this underlines what, for me, is, and always has been, a key point,
We cannot and must not be complacent about COVID.
It kills too many old and vulnerable people. And for younger, healthier people, while the risks of dying from it are much lower – though not non-existent – it can still result in long term, serious health problems.
That’s why action to bring it back under control is necessary – and to bring the R number down again, the action we take now must go beyond the step we announced almost two weeks ago to restrict indoor and outdoor gatherings to six people from two households.
Over the weekend and in the course of yesterday the Scottish Government considered a range of options.
On Saturday, I had a discussion with other devolved administrations, and I spoke to the Prime Minister yesterday. I also took part in this morning’s COBR meeting.
I’m please to say that at that meeting, all four UK governments committed to suppressing the virus to the lowest possible level and keeping it there.
Our challenge in the weeks to come is to ensure our actions are commensurate with this objective.
Following on from the COBR meeting, measures to further control the virus were agreed at the Scottish Government Cabinet.
I can confirm that we will introduce measures on hospitality similar to those outlined for England by the Prime Minister a short while ago – and thereby align as far as possible with the rest of the U.K.
However, the advice given to the Cabinet by the Chief Medical Officer and the National Clinical Director is that this on its own will not be sufficient to bring the R number down.
They stress that we must act, not just quickly and decisively, but also on a scale significant enough to have an impact on the spread of the virus.
And they advise that we must take account of the fact that household interaction is a key driver of transmission.
To that end, we intend – as Northern Ireland did yesterday – to also introduce nationwide additional restrictions on household gatherings, similar to those already in place in the West of Scotland.
I will say more about the detail of these measures shortly and, of course, full details will also be published on the Scottish Government’s website.
But first let me be clear about the priorities that have guided our decisions.
And it is essential that we do think in terms of priorities. Faced with a global pandemic of an infectious and dangerous virus, it is not possible to do everything and it is not possible, unfortunately, to live our lives completely normally.
No country is able to do that just now.
So instead we have to decide what matters most to us and make trade-offs elsewhere to make those things possible.
Of course, the most important priority for all of us is saving lives and protecting health. But there are other priorities too:
Firstly, we are determined to keep schools open and young people in education. That is vital to the health, wellbeing and future prospects of every young person across our country.
Second, we must restart as many previously paused NHS services as possible, so that more people can get the non-COVID treatment that they need. Our NHS must be equipped this winter to care for those who have COVID – and it will be.
But it must be there for people with heart disease, cancer and other illnesses too.
And, third, we must protect people’s jobs and livelihoods – that means keeping businesses open and trading as normally as is feasible.
To achieve all of that, we must stop the virus from spiralling out of control and we can only do that if we accept restrictions in other aspects of our lives.
Now the more positive news is that because we did drive COVID down to low levels over the summer, and because we now have Test & Protect in place and functioning well, the restrictions can be more targeted than was the case earlier in the year.
The measures I am announcing today are tough – I am not going to pretend otherwise – but they do not represent a full scale lockdown of the kind imposed in March.
Indeed, on the contrary, today’s measures are an attempt to avoid the need for another lockdown.
I also want to address talk that there has been in recent days about restrictions being needed for six months or more.
It is certainly the case, that until scientific developments such as a vaccine change the game in the battle against COVID, it will have a continuing impact on our lives.
But that doesn’t necessarily mean that all of the new restrictions I am announcing today will be in place for six months.
By acting early and substantially, our hope is that these new measures will be in place for a shorter period than would be the case if we waited longer to act.
In the first instance, we will review these measures in three weeks – although given the nature of this virus, it is important to be clear that they may be needed for longer than that.
So let me set out the package of measures that we hope can bring COVID back under control. I will focus first on those areas where we intend to reinforce existing guidance and provide better support for compliance.
Firstly, everyone who can work from home, should work from home.
That has, of course, been the Scottish Government advice throughout, but we are reinforcing and underlining it today.
To employers, if you have encouraged workers back to the office who could be working from home, please rethink that now.
We know not everyone wants to work from home – and we know it has an impact on our town and city centres – but with the virus on the rise again, home working limits the numbers of people on public transport and limits the numbers of people gathering together for lengthy prolonged periods indoors. That is why it is so important.
Now we want employers to comply with this advice voluntarily as indeed the vast majority do. But we want to be clear today that if necessary we will put a legal duty on businesses to allow home working where possible.
Second, we intend in the coming days, through media and social media, to reinforce the central importance of the FACTS advice – face coverings, avoiding crowded places, cleaning hands and hard surfaces, keeping two metres distance and self-isolating and booking a test if you have symptoms.
At the start of the pandemic, compliance with basic hygiene measures was very strong.
That really does make a difference – we know that – and it is just as important now, perhaps even more so, as it was back then.
So I am asking everyone today to make a conscious and renewed effort to comply with all of this advice.
And third – and related to that last point – we will introduce a package of support for people who are asked to self-isolate.
Self-isolation of people with symptoms awaiting a test, people who test positive and household and other close contacts of such people is absolutely essential to helping break the chains of transmission.
But we know self-isolation is hard. It asks a lot of people and, for some, the financial implications make it even more difficult, perhaps even impossible.
So we intend, firstly, to raise awareness of the importance of self-isolation and what it entails. I believe that ensuring people fully understand why we are asking them to do difficult things and exactly what it is they need to do is the first crucial step to ensuring compliance.
Next, we are working with local authorities to ensure that when someone is asked by Test & Protect to self-isolate, they will be contacted proactively and offered essential practical support – for example help with delivery of food and other essentials.
And, most importantly, we will introduce financial support of £500 for those on low incomes. More detail of this scheme will be published shortly.
As I said yesterday, we will keep issues of enforcement for non-compliance with self-isolation under review.
However, our judgment at this stage – particularly given the spirit of solidarity that is so essential in this fight against COVID – is that supporting people to do the right thing is much more effective than threatening harsh punishment if they can’t.
Presiding Officer, Let me turn now to the new restrictions that we consider are necessary to bring the virus back under control.
First, as I indicated earlier, we will introduce a strict nationwide curfew for pubs, bars and restaurants.
From Friday, pubs, bars and restaurants will be required to close at 10pm.
Now, people sometimes ask me why we don’t just close pubs again altogether – and I understand that sentiment.
The answer – to be frank – is that we are seeking to find a balance between action to suppress the virus and the protection of people’s jobs and livelihoods.
If the Scottish Government had greater powers to borrow money, or the ability to extend the Job Retention Scheme, for example, it is possible that we could reach a different balance of judgment on some of these issues.
But we don’t.
So this decision today means that we can reduce the amount of time people are able to spend in licensed premises, thereby curtailing the spread of the virus, while still allowing businesses to trade and provide jobs.
This is the best balance we can strike for now.
But I want to be clear with the hospitality trade about this.
Notwithstanding the economic implications, further restrictions, including possible closure, will be unavoidable – locally or nationally – if the rules within pubs and restaurants on hygiene, face coverings, table service, maximum numbers in groups, and the distance between them are not fully complied with.
I want to thank those businesses, I believe the majority, that are making huge efforts to ensure compliance.
However, to ensure that this is the case for all, we will be providing resources for additional Environmental Health Officers and asking local authorities to significantly step up inspection and enforcement.
Let me turn now to the most difficult part of today’s announcement – further restrictions on household gatherings.
We know from the data available to us through Test & Protect that a high proportion of new cases come from social interactions between different households in our homes.
We also know from Test & Protect – and perhaps more so from our own experiences – that it is much more difficult to maintain physical distance – and have, for example, good ventilation – inside our own homes.
We also know that when the virus infects one person in a household it is highly likely to affect others in the same household. It will also infect people visiting that household, who will in turn take it back to their households.
Therefore, difficult though this is, any serious effort to reduce the R number below 1, which must be our objective, must take account of this key driver of transmission and it must seek to break that driver of transmission.
So after careful consideration, we have decided that from tomorrow, to be reviewed every three weeks, and with exceptions that I will come on to, visiting other households will not be permitted.
To be clear, this extends the restriction that has been in place across the West of Scotland for the past three weeks to all of Scotland. Regulations giving effect to this change will come into force on Friday, but I am asking people to comply from tomorrow.
One of the reasons we have decided to do this is that our early data suggests this restriction is starting to slow the increase of cases in the West of Scotland.
So if we take the difficult decision to extend it nationwide now, in an early and preventative way, we hope it will help to bring the R number down and the virus back under control.
There will be exceptions for those living alone, or alone with children, who form extended households; for couples in non-cohabiting relationships; for the provision of informal childcare by, for example, grandparents; and for tradespeople.
But for everyone else visiting each other’s houses will, for now, not be permitted. These new restrictions apply to people’s homes – in other words, to private indoor spaces.
Rules for meeting other people in public indoor spaces that are subject to strict regulation and guidance, remain the same – you can meet with one other household only and in groups of no more than six people.
As I said earlier, we will be working with local authorities to strengthen inspection and enforcement in indoor public places and enforcement action, including closure if necessary, will be taken against shops, pubs, restaurants or other premises that do not ensure compliance.
You can also continue to meet with one other household in groups of up to six people outdoors, including in private gardens.
Outdoors, though, we intend to exempt children under 12 – both from the limit of six and the limit of two households. There will be no limits on the ability of children under 12 to play together outdoors.
And young people aged 12 to 18 will be exempt from the two household limit – they will be able to meet together outdoors in groups of up to six, though we will need to monitor this carefully and let me stress that this is outdoors only.
And let me say to teenagers in particular – I know how miserable this is for you and I am so grateful for your patience. We are trying to give you as much flexibility as we can at this vitally important time of your lives. In return, please work with us and do your best to stick to the rules, for everyone’s sake.
Presiding Officer, The last new restriction I want to cover today relates to travelling by car. It may seem minor but it is important.
We know, again from Test & Protect data, that sharing car journeys presents a significant risk of transmission.
We are therefore advising against car sharing with people outside your own household.
Finally, I think it’s important that I indicate today, in light of the current situation, that the route map changes with an indicative date of 5 October are unlikely now to go ahead on that timescale.
Presiding Officer, I also want to touch briefly today on an issue that has been the subject of media speculation in recent days – namely the possibility of a so called circuit breaker, timed to coincide with the October school break, and during which people would be given much more comprehensive advice to stay at home.
The Scottish Government has not made any decision at this stage to implement such a policy – however, we are actively keeping it under review.
What I would say to people now is this. Please think of the October break as an opportunity to further limit social interaction, particularly indoors.
And, given that this is a global pandemic, please do not book travel overseas for the October break if it is not essential.
Finally, I want to say a few words to people who were shielding earlier in the year. I know you will all be feeling particularly anxious.
However the best way to keep you safe is by reducing the spread of the virus in our communities – which is what today’s measures are all about.
The steps I have outlined today will help keep you safe, so please follow the guidance for the general population with great care.
And if you haven’t signed up for our text alert service, please do so.
Fundamentally, I want to assure you that your safety is uppermost in our minds.
But we do not believe that asking you to return to shielding is the best way to secure it, given the impact it would have on your mental and physical health. In our view, all of us acting together collectively to reduce the spread of the virus is a better way to keep you safe.
Presiding Officer, These are the changes we are making now. I can’t and will not rule out the need to make more – nationally or locally – in the weeks to come.
Suppressing the virus and getting R below 1 again is essential and we will act in a way that can achieve that.
Indeed, we intend to publish soon an overall strategic approach to escalation in areas with particularly high rates of transmission.
However, I am acutely aware that the restrictions I have announced today will not be welcome.
But it is our judgment they are absolutely essential.
Inevitably, some will think they go too far and others will think they don’t go far enough.
But we have tried to get the balance as right as possible – and to act urgently and in a substantial and preventative way now to try to get the situation under control quickly.
We judge that this will give us the best chance of avoiding tougher or longer lasting measures later.
But I know that doesn’t make this any easier.
Many people, me included, will find not being able to have family and friends in our own homes really difficult – especially as the weather gets colder.
But today’s measures – although tough – are not a lockdown. They are carefully targeted at key sources of transmission. And we believe they can make a significant difference, while keeping our schools, public services and as many businesses as possible open.
However the success of these measures depends on all of us.
The decisions that we all make as individuals in the weeks ahead, will determine whether they work, and how quickly they can be lifted.
That fact isn’t just a reminder of the responsibilities we all owe to each other – it is also a reminder that we are not powerless against this virus.
None of us can guarantee that we won’t get it, or pass it on. But we can all make choices that significantly reduce our own risk, and help keep our communities safer.
So please, make those choices. Stick with this.
Please don’t meet people in their homes or your home – because that is where the virus often spreads.
Limit how often you meet up with people in public places – and abide by the rules in force there.
Work from home if you can.
Follow the advice on self-isolation if you have symptoms, test positive, or are a contact of someone with the virus.
Download the Protect Scotland app.
And when you do meet other people, remember FACTS at all times.
Face coverings
Avoid crowded places.
Clean your hands and surfaces.
Keep a two metre distance from other households.
And self-isolate and book a test if you have symptoms.
Keeping to all these rules isn’t easy – but they remain the best way for all of us to protect ourselves, each other, the NHS and ultimately save lives.
Presiding Officer, All of this is incredibly tough – and six months on, it only gets tougher.
But we should never forget that humanity has come through even bigger challenges than this one – and it did so without the benefits of modern technology that allow us to stay connected while physically apart.
And though it doesn’t feel like this now, this pandemic will pass. It won’t last forever and one day, hopefully soon, we will be looking back on it, not living through it.
So though we are all struggling with this – and believe me, we are all struggling – let’s pull together.
Let’s keep going, try to keep smiling, keep hoping and keep looking out for each other.
Be strong, be kind and let’s continue to act out of love and solidarity.
I will never be able to thank all of you enough for the sacrifices you have made so far.
And I am sorry to have to ask for more.
But if we stick with it – and if we stick together – I do know we will get through this.
Responding to the First Minister’s statement to the Scottish parliament this afternoon, confirming new restrictions to help tackle the rising levels of COVID across Scotland, GMB Scotland Secretary Gary Smith said:“While workers that can do will work from home our key workers will go the extra mile once again – the least Ministers can do is maximise their safety at work and recognise their incredible value to our communities and country.
“And it’s a fact that the bulk of the frontline response will continue to be delivered on the backs of low paid and often exploited workers, many of whom are women or from BME backgrounds, and earn just under or just over £10 an hour.
“We support the Scottish Government’s calls for an extension of the UK Government’s furlough scheme, welcome the support grant plan for low-income households that must self-isolate, and we would reiterate again the urgent need to bring forward a jobs plan for Scotland to aid our post-COVID recovery.
“But the reality of asking the lowest paid to again shoulder the greatest risk without recognition of their value should make anyone who wants Scotland to be a fair work nation extremely uncomfortable. That’s why we are urging the Scottish Government to ensure:
The guaranteed provision of full and proper PPE and workplace testing regimes;
The enhanced role of Trade Union Health and Safety reps in our workplaces;
The extension of the Social Care Welfare Fund support package for carers; and
The delivery of a key worker payment for staff on the frontline of public service.
“After the applause of the first lockdown, many workers have been left to get on with it, and in some cases the working practices put in place to mitigate the spread of COVID are being eroded by employers who want to get ‘back to normal’.
“What’s needed now is cooperation, safety and value for the people who deliver care, collect our rubbish, clean our schools and keep the economy turning, and they need to be confident that government and employers recognise their continued sacrifice as we tackle this pandemic.”
The First Minister will address the nation on BBC Scotland at 8:05pm tonight.
The UK Government has declined to give evidence to the Scottish Parliament on its UK Internal Market Bill.
The UK Government says it regrets that Secretary of State for Business, Energy and Industrial Strategy, Alok Sharma MP (above) will not be able to appear before Holyrood’s Finance and Constitution Committee on account of the “tight legislative timeline” for the Bill that is currently going through Westminster.
Finance & Constitution Committee Convener Bruce Crawford MSP says he is ‘dismayed’ by the declined invitation.
The UK Government acknowledges “all aspects” of the Internal Market Bill will require the legislative consent of the Scottish Parliament.
Finance & Constitution Committee Convener Bruce Crawford MSP said:“The UK Internal Market Bill will affect many people’s lives and livelihoods in Scotland. It will also have a profound impact on the devolution settlement and on the powers of the Scottish Parliament.
“The UK Government already recognises and accepts that all aspects of this Bill require the legislative consent of the Scottish Parliament.
“I am genuinely dismayed, therefore, that the Secretary of State for Business will not make time to give evidence to our committee, as we consider whether or not to recommend that consent be given to this UK Bill.
“Our report to the Scottish Parliament will not have the benefit of direct evidence from the UK Government and that is a matter of regret, as is the discourtesy that colleagues will infer from the UK Government’s response.”
Mr Crawford added: “Under my convenership, this committee has always set out to engage constructively with the UK Government. Indeed, we will hear from Mr Hands on the Trade Bill next week.
“It is implausible why a UK Minister is available for the relatively limited impact on devolution of that Bill, while not being available for the Internal Market Bill which has a potentially huge impact on the people of Scotland.”
The text of the email from Mr Sharma’s office is below.
The declined request cites the Bill’s “tight legislative timeline”, which was set by the UK Government.
Full text of email dated 15 September 2020:
Hi (Name of Clerk to Committee),
Apologies for the delay and thank you for your invitation for the SoS to give evidence to the committee. Given the tight legislative timeline for the Bill, it is with regret that the SoS will be unable to attend this committee session. We look forward to the findings of the Committee’s engagement on the UK internal market Bill.
Thanks, (Name of Private Secretary) Office of Secretary of State for Business, Energy and Industrial Strategy, Alok Sharma MP
More on the Committee’s scrutiny of the Internal Market Bill can be found here.
Finance Ministers’ “deep concern” over UK Internal Market Bill
Spending proposals would “reverse devolution”.
Finance Ministers from Scotland, Wales and Northern Ireland have met to discuss a range of fiscal matters and voiced their collective concerns about the financial implications the UK Internal Market Bill will have on devolved governments.
Kate Forbes, Rebecca Evans and Conor Murphy expressed their joint concerns on the spending powers set out in the Bill which override the existing devolution settlement.
The powers enable the UK Government to undertake spending in devolved areas, including for replacement of EU funding, without any engagement with the devolved nations.
Finance Ministers also voiced concerns about what this could mean for future consequential funding arrangements.
Scotland’s Finance Secretary, Kate Forbes said: “It is entirely unacceptable that – with no prior notice – the UK Government has written provisions into the Bill that presume Whitehall control over the delivery of replacements for the EU funding programme in Scotland – a programme that Scottish Ministers have delivered successfully for decades.
“This Bill would also allow the UK Government to dictate how money is spent in devolved areas without the consent of Scottish Ministers. It puts at risk funding for a whole host of capital programmes – schools, hospitals and infrastructure. It reverses the devolution process and we will oppose any attempt to bypass the Scottish Parliament and Government, which are elected by the people of Scotland.
“Not only is it in contravention of the devolution settlement, but it has the potential to create confusion, duplication and unnecessary additional bureaucracy at a time when economic recovery is paramount.”
Welsh Finance Minister Rebecca Evans said: “I am deeply concerned that the Bill gives UK Ministers, for the first time since devolution, powers to fund activity in areas which are clearly devolved to Wales.
“In Wales funding decisions are taken in partnership with local communities, to ensure that they reflect the needs of the people in Wales. The powers set out in the Bill completely undermine devolution and will see decisions currently taken in Wales, clawed back by the UK Government.”
Finance Minister for Northern Ireland, Conor Murphy said: “The Internal Market Bill will give the British Government wide ranging powers to make funding decisions in devolved areas.
“This is greatly concerning and could have huge implications for the Good Friday Agreement. The British Government should not interfere in funding matters which are currently the responsibility of the Devolved Administrations.
“It is also imperative that they provide details on the scope of the Shared Prosperity Fund. This will be a vital source of replacement funding for devolved areas and the lack of meaningful engagement to date is extremely disappointing.”
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.
