Protecting children’s rights in Scots law

Holyrood to reconsider UN Convention on the Rights of the Child Bill

The Scottish Parliament has agreed to consider amendments to the legislation that will incorporate the UN Convention on the Rights of the Child into Scots law.

The UNCRC (Incorporation) (Scotland) Bill requires Scotland’s public authorities to protect children’s rights in their decision-making. It also allows for children, young people and their representatives to use the courts to enforce their rights.

The Bill was passed unanimously in 2021 but certain provisions within it were later ruled outwith the Scottish Parliament’s legislative competence at the Supreme Court.

Proposed changes will mean that public authorities will be required to comply with the UNCRC requirements only when delivering devolved functions conferred by or under Acts of the Scottish Parliament or under common law powers.

Social Justice Secretary Shirley-Anne Somerville said: “Our priority is to provide the greatest protection that we can to children’s rights.

“The amendments that will now be considered will ensure that the Bill protects children’s rights in the most effective way within our devolved powers.

“This is an important milestone in ensuring that we are a country that fully respects, protects and fulfils children’s rights. However, without the political commitment of the UK Government to legislate for children’s rights we are limited in what we can achieve.

“The simplest way to secure the greatest protection for children’s rights would be for our counterparts in Westminster to incorporate the UNCRC into UK law.”

Letter to committee and amendments

Committee Urges Government Action to Strengthen Culture in Communities

A Holyrood Committee has published a new report highlighting the challenges in supporting culture to thrive within communities across Scotland.

The report from the Parliament’s Constitution, Europe, External Affairs and Culture Committee found that while progress has been made in implementing a place-based approach to culture, there are still “several significant challenges” facing local and national government that need to be addressed to “realise the ambitions” of the Scottish Government’s culture strategy.

The Committee concluded that the “cross-cutting” nature of the challenges facing Scotland’s culture sector requires “a whole-system approach” across different levels of government.

During the inquiry the Committee gathered evidence on best practice and barriers to cultural participation within different communities across Scotland, with visits to Wester Hailes and Craigmillar , Dumfries, and Orkney.

Members also heard from a wide range of stakeholders, many of which agreed on the importance of cultural work being grounded in local communities, as outlined in the Scottish Government’s culture strategy.

The report’s findings outline the need for “much greater prioritisation in practice” being placed on community-led culture, which it says should be “at the heart” of the sector.

It also suggests the potential of existing community empowerment mechanisms, which could be used to improve place-based cultural delivery at the local level.

The Committee also noted that the funding of community-based cultural organisations and projects, local government cultural services, and of publicly owned community spaces where cultural activity can take place have all been put under pressure.

The financial constraints within the current economic environment are identified as posing a “significant challenge” to the successful implementation of place-based cultural policies, with the Committee calling on the Scottish Government to set out how it will “accelerate the implementation of innovative approaches to the funding of the culture sector”, an issue it will pursue further through its forthcoming pre-budget scrutiny.

The Committee also raised its concerns that some cultural and community assets were said to be becoming “less available, less affordable, and at risk of closure”, recognising that “the loss of community spaces is likely to impact on the access to culture for those communities”.

The report urges the Scottish Government to address these challenges and incorporate the Committee’s findings and recommendations into the forthcoming refresh of the Culture Strategy Action Plan and Budget 2024-25.

Commenting on the report, Committee Convener, Clare Adamson MSP said: “Through our work on this inquiry, we have seen first-hand the positive impact of place-based cultural work in communities across Scotland.

“Support for community-led culture can help enrich the cultural landscape and further empower local communities, particularly those which face the greatest barriers to participating in cultural life.

“However, the Committee’s report has clearly demonstrated that while progress has been made, there are significant challenges facing both national and local government in delivering Scotland’s ambitions for a place-based approach to culture.

“We urge the Scottish Government to take our findings and recommendations on board as it refines its forthcoming Culture Strategy Action Plan and its Budget for 2024-25 to ensure that culture can thrive in our local communities.”

Power to the People!

Unleashing the Power of the People: Holyrood Committee urges bold moves to enhance public participation

A Holyrood Committee which has been considering how the public engages with the Scottish Parliament has published a new report which makes a series of recommendations on removing barriers to participation, embedding deliberative democracy and establishing regular ‘Citizen’s Panels’ to support the scrutiny work of the Parliament.   

The Citizen Participation and Public Petitions Committee (CPPPC) undertook a year-long inquiry into Public Participation, recognising that the views of some groups and marginalised communities across Scotland weren’t being heard enough in the Parliament.  

The inquiry focussed on what more could be done to bring the Parliament closer to the people and how to improve wider public participation in parliamentary scrutiny.  

To assist the inquiry, the Committee established its own “Citizens’ Panel” – a group of 19 people from across Scotland who were asked: “How can the Scottish Parliament ensure that diverse voices and communities from all parts of Scotland influence our work?”  

The Panel met over two weekends in late 2022 and made 17 recommendations which were published in the Committee’s interim report.  

Following this, the Committee concluded that the Parliament should use Citizens’ Panels more regularly to help committees with scrutiny work as they give the public a greater voice and can help achieve consensus on difficult issues. 

The Committee has recommended that the Parliament should hold two further Citizens’ Panel pilots this session, one undertaking post-legislative scrutiny and the other looking at a live political issue.  

Following these panels, the Committee will then review how well they worked before seeking to suggest a more permanent model that the Parliament can adopt after the 2026 election.  

The Committee recommends that, each time a Panel is set up to help a committee with an inquiry as recommended, the subsequent report should be debated in the Parliament Chamber, with Panel members invited to watch from the public gallery. 

As well as considering how future Citizens’ Panels might work, the Committee has considered other ways that people can find out what the Parliament is doing, and how to get involved. Some of the ideas it looked at came from the recommendations made by its own Citizens’ Panel.  

The Committee agreed with the need to reduce the barriers to public participation with the Parliament and supported additional recommendations including:  

  • paying people back if they have to take time off work or pay for childcare to engage 
  • translating information into other languages, or making it easier to read 
  • making it easier for people to engage in the evenings or at weekends, or by using online tools  
  • considering a review of citizenship education in schools 

Throughout the inquiry, the CPPPC examined various mechanisms for citizen engagement and looked at how “Citizens’ Assemblies” at varying levels of government were being implemented and operated in other European countries including Belgium, France and Ireland.  

Committee members also considered suggestions for broader Parliamentary reform put forward by the Panel including changes to the Code of Conduct for MSPs, an evaluation of the Presiding Officer’s authority to ensure Ministers give adequate responses to questions, and the possibility of dedicating weekly parliamentary time for the public questioning of Ministers. 

Commenting, Convener of the Citizen Participation and Public Petitions Committee, Jackson Carlaw MSP said: “Over the course of the past year, we’ve heard time and time again that the Parliament doesn’t hear enough from some groups and communities across Scotland. This report is therefore a significant milestone in our pursuit of a more inclusive parliamentary process.  

“The recommendations, particularly the introduction of increasingly regular Citizens’ Panels and the embedding of deliberative democracy in the work of the Parliament, underscore our commitment to amplifying diverse voices.  

“This report sets a strong foundation for a more participatory and collaborative democracy in Scotland, and we hope it will be welcomed by the Citizens’ Panel that was integral to its development, as well as Parliamentary colleagues from across the political spectrum.” 

Citizens’ Panel member, Jaya Rao, from the North East said: “Participating in the Citizens’ Panel and visiting the Scottish Parliament was a truly enlightening experience.

“Interacting with diverse individuals and witnessing the democratic process first-hand has deepened my appreciation for our shared commitment to a better future for Scotland.”

Citizens’ Panel member, John Sultman, from Glasgow added: “This experience has shown me how much difference turning up and speaking up can make.” 

Citizens’ Panel member Alan Currie, from Glasgow. said: “Our seventeen recommendations were taken seriously by MSPs and the Committee, due to the facilitators, experts and presentations, which enabled us to learn more about not just the Parliament, but the concept of deliberative democracy, improving parliaments ability to reach and engage the public.”

The full report and recommendations can be found on the Scottish Parliament website.  

Alongside this the report is being published in a longer version and a summary version, in multiple languages, in BSL and Easy Read, reflecting the range of groups who engaged in the inquiry and demonstrating the importance of making the Parliament’s work accessible to all. 

RAAC: Reassurance given on building safety

The Scottish Parliament has been provided with an update on Reinforced Autoclaved Aerated Concrete (RAAC).

Shirley-Anne Somerville reiterated to MSPs that the Scottish Government continues to follow professional advice on RAAC, as it always has done and is working with local authorities and other partners to understand the extent of the issue.

Ministers have been reassured that the current guidance of the Institution of Structural Engineers and risk-based approach remains appropriate.

Addressing parliament, Ms Somerville said: “The Scottish Government and the wider public sector has already done much to understand the extent of RAAC issues in Scotland, and we recognise there is more to do. Everyone with the responsibility for building safety takes this matter very seriously.

“Local authorities have a clear responsibility to ensure their schools are safe for pupils, staff and all their users.  They are carrying out assessments of all their school buildings.

“We are aware that some parts of the school estate in some councils still need to complete full surveys. Ministers have been clear to authorities that these must be carried out as a matter of highest priority.

“Safety is the central consideration and there is robust guidance which is followed by every local authority to ensure these buildings are safe for the pupils, staff and the public to be in.”

COSLA President Shona Morrison said: “The first point to make is that there are many councils who own no buildings where RAAC is present.

“The safety of everyone in Scotland’s schools and all other council buildings is of paramount importance to councils. We treat the safety of everyone within our facilities extremely seriously.  Scottish local authorities are aware of the RAAC issue in buildings across some of their estates and have regular inspections, put in place mitigations as appropriate and closed some buildings where this is required.

“We would stress that some councils have no RAAC affected buildings. We would reiterate that safety is the central consideration and there is robust guidance to ensure these settings are safe for the public to be in.”

Social Justice Secretary‘s statement

Scottish Parliament Committee to visit dairy farms

Holyrood’s Rural Affairs and Islands Committee will visit three dairy farms and Carbon Capture Scotland in Kirkcudbrightshire this week as part of its on-going pre-legislative scrutiny of the Scottish Government’s proposals for future agriculture policy.

The Committee is due to scrutinise the Agriculture Bill when it is introduced later this year.

Having visited an arable farming partnership in June this year, the Committee is keen to learn more about different production methods used by farms of various sizes and the steps that can be taken to reduce environmental impact and restore biodiversity in their holdings.

Members are set to visit Littleton Farm and The Ethical Dairy, both in the Gatehouse of Fleet, and Torr Farm in Auchencairn. The Committee will also visit Carbon Capture Scotland, a leading carbon capture asset specialist in Crocketford, where delegates will be accompanied by Crofthead dairy farm and South of Scotland Enterprise.

Committee Convener, Finlay Carson MSP and Members Karen Adam MSPAlasdair Allan MSPJim Fairlie MSPKate Forbes MSPRhoda Grant MSP and Rachael Hamilton MSP will all take part in the fact-finding visits.

Speaking ahead of the visit today, Committee Convener and leader of the delegation, Finlay Carson MSP said: “These visits will help us really get to grips with issues surrounding the support farmers need in relation to CAP payments and to understand the opportunities and challenges that lie ahead for different farming systems.

“It’s crucial that we get to the root of what farmers need from future agriculture policy to best support their farms and help them provide for a just transition. 

“Before the Parliament’s summer recess period, we had already covered a lot of ground by hearing the views of a broad range of agriculture sector stakeholders on the themes of food production, supply chains, climate change and biodiversity to name a few. 

“But this crucial ‘on the ground’ insight will help us better understand how future agriculture policy needs to work to allow the sector to flourish over many years to come.”

More detail about the Committee’s pre-legislative scrutiny of agriculture policy can be found on the Committee webpages.

Holyrood Hives: Parliament’s bee population swarms to over a million

The Scottish Parliament’s burgeoning bee population has grown to over one million bees.

As the population continues to thrive, the number of beehives onsite has also grown, increasing from 11 last year to 15.

The beehives were first installed in the Members’ Garden of the Scottish Parliament in 2014.

During the summer months, the bee population in Holyrood’s grounds rises to in excess of a million bees, falling back to a third of that figure through winter.

The Rt Hon. Alison Johnstone MSP, Presiding Officer of the Scottish Parliament said: “As a Parliament we are keen to do everything we can to ensure that the future is a sustainable one for all of us.

“We’ve had these bees with us since 2014 and they’re very much part and parcel of our grounds.

“They play a really important role in highlighting all organisations and institutions should do their bit when it comes to promoting biodiversity, tackling climate change and looking at how we produce our food.”

Stuart Hood, beekeeper and owner of ‘Hoods Honey’, who look after the beehives, said: “This is our ninth year having beehives on site in the Scottish Parliament. In that time we’ve gone from four hives up to fifteen now.

“The bees love being based here and thrive in this environment, and I’m proud to say all of the hives on site have been bred here and so are a unique strain to the Scottish Parliament.”

Key info:

  • The bees typically forage for pollen and nectar at a distance of up to 2 miles, but with Holyrood Park on their doorstep, they do not have to fly very far. 
  • In the height of summer each hive will have between 65,000 and 70,000 bees.
  • On a daily basis, one hive’s combined flight distance for all the flying bees will equate to flying from the Earth to the Moon.
  • They fly at an average speed of 17mph when flying to plants and 12mph coming back fully laden with their goods. 
  • The beeswax (which is a by-product of beekeeping) is used to fill the Great Seal of Scotland and seal acts of the Scottish Parliament.
  • As the world’s most important pollinator of food crops, it is estimated that one third of the food that we consume each day relies on pollination, mainly by bees, but also from other insects, birds, and bats.

Holyrood’s Finance Committee to hear from North Coast people about Scotland’s Budget challenges

MSPs from the Scottish Parliament’s Finance and Public Administration Committee will visit Largs next week (Wednesday 30 August) to hear from local people about Scotland’s Budget challenges.

The visit is part of a parliamentary inquiry into the sustainability of Scotland’s finances.

It follows the Scottish Government’s forecast that public spending in Scotland is set to outstrip income expected by £1 billion in 2024/25, rising to £1.9 billion in 2027-28.

This means the government is forecasting that it will not have sufficient money to fund the spending it currently wishes to make.

The politicians are meeting with local people, organisations and businesses to hear their views on what the Scottish Government’s priorities should be in its 2024-25 budget.

Their views will help inform the committee’s scrutiny of the government’s budget in the autumn.

Finance and Public Administration Committee Convener Kenneth Gibson MSP said: “The focus of our work this year is how the budget for 2024-25 and beyond will ensure Scotland’s finances are sustainable in both the short and longer-term.

“It is an incredibly important subject matter given the forecast budget pressures and longer-term demographic challenges in Scotland.

“Coming to Largs and talking to North Coast people – including businesses, third sector bodies and residents – will enable us to hear different views of the impact of the Scottish Government’s tax and spending decisions.

“And that matters because the budget and the long-term sustainability of Scotland’s finances will affect everyone in the country.

“I am delighted that we will also meet the following day in Seamill to discuss our committee’s work programme for the forthcoming parliamentary year.”

Participants will be asked to give views on:

  • what should the Scottish Government’s priorities be for its budget in 2024-25, given the challenges that Scotland faces next year, and in the years ahead? 

Festival of Politics event at Holyrood

YESTERDAY (Wednesday 9th August), the Scottish Parliament in partnership with the Cross-Party Group (CPG) on Bangladesh held a panel discussion on the Urgency of climate change and justice in vulnerable low-lying countries ahead of COP28.’

The event, chaired by Member of Scottish Parliament and Convener of CPG Bangladesh Foysol Choudhury, is part of the 19th Festival of Politics hosted by the Scottish Parliament and Edinburgh International Festival between 9th – 11th August.  

The panel on climate justice featured experts on climate advocacy, including Ben Wilson, Advocacy Manager at the Scottish International Catholic Aid Fund (SCIAF); Jelina Berlow-Rahman, Senior Director of Berlow Rahman Hassan Ltd. Solicitors in Glasgow; Dr Elizabeth Cripps, Senior Lecturer in Political Theory at the University of Edinburgh and Professor Saleemul Huq, Director of the International Centre for Climate Change in Bangladesh.

Among the guests were the Consul General of India in Edinburgh; Turkish-Scottish Chamber of Commerce and academics from Scotland and Bangladesh.

The event centred on the theme of the unequal impact of global climate change on low-lying countries such as Bangladesh, Maldives, and Small Island Developing States (SIDS).

Panellists engaged in discussions about climate change as a moral and human rights issue, and how countries can mobilise long-term climate adaptation plans to tackle emerging challenges such as climate migration.

They further deliberated on the loss and damage fund established at COP27 and how the international community can best continue supporting local actors at the frontline of climate disasters ahead of COP28 this year.   

Speaking after the event, Foysol Choudhury MSP said: “Today’s discussion reaffirmed that Scotland must reinvigorate its commitments to net zero emissions, as well as its targets to ensure climate justice elsewhere in the world, before COP28. 

“Failure to meet climate goals will have, and is having, a devastating impact on low-lying countries, who have contributed the least to the climate change which is devastating them. 

 “We have already seen an increase in extreme weather in countries vulnerable to climate change, such as the floods in Pakistan and Bangladesh. 

“Scotland needs to urgently engage in a multifaceted response comprising of climate mitigation, adaptation, and support, to ensure that climate justice for all countries can be realised on our path to net-zero. 

“I hope this discussion offers insight into the urgency of the situation and reinvigorates the drive for change. 

“We cannot afford to wait any longer before doing so.” 

The panel event can be viewed on the following link:  

Urgency of climate change and justice in vulnerable low-lying countries ahead of COP28 | Scottish Parliament TV

World Press Photo Exhibition at The Scottish Parliament

5th – 26th August 2023

Monday to Saturday – 10am to 5pm (last entry 4.30pm)

Price – Free

See the world’s best photojournalism for free, at the only venue in the UK to host this exhibition.

This year’s World Press Photo Contest winners, chosen from thousands of entrants, highlight the climate crisis, community, war’s impact on civilians, and the importance of press photography around the world.

There’s no need to book – the exhibition will be free to view in the Main Hall during opening hours.

World Press Photo exists to celebrate and champion photojournalism and documentary photography.

This year the winners were chosen out of over 60,000 photographs and open format entries, by over 3,700 photographers from 127 countries.

The Scottish Parliament has been one of the only UK venues to host this global exhibition since 2006.

Special preview tour with curator (and BSL interpreter) – Friday 4 August, 2pm

Join us for a tour of the exhibition by the World Press Curator Mariana Rettore Baptista, and see the exhibition before anyone else!

Mariana will talk about the background to the stories and themes covered, and why they were chosen to feature in the exhibition.

This is a free tour, open to the public, but spaces are limited. Spaces will also be given to BSL users, as there will be a BSL interpreter present:

Committee seeks views on how Scotland  should best achieve a circular economy

Cutting waste, increasing recycling and protecting the natural environment. These are some of the suggested benefits of a circular economy, but will a new Bill help make these changes happen? 

The Circular Economy (Scotland) Bill will introduce measures the Scottish Government believes will help Scotland to move towards a circular economy. The Scottish Parliament’s Net Zero, Energy and Transport Committee wants to know if these proposals will work in practice and whether they are sufficient to achieve that goal. 

According to the Scottish Government, a circular economy would not only cut waste and reduce carbon emissions, but it would increase Scotland’s self-sufficiency and reduce reliance on international supply chains. 

As well as creating a circular economy strategy, the Bill also contains powers to set additional charges for single use items as well as placing new duties on households and local authorities in terms of disposal of household waste and recycling.  

Now the Committee want to hear from people across Scotland about their views of the Bill and whether it really will make a difference in reducing waste in Scotland. 

Committee Convener Edward Mountain MSP said: “The Bill before us has ambitions for creating a circular economy which will protect Scotland’s natural environment and help tackle the climate emergency. 

“But this Bill is wide ranging and will affect individuals, businesses and communities, so it is important to hear these voices to make sure the measures which are proposed work in practice. 

“Covering areas such as household waste, littering and recycling this will affect many aspects of day-to-day life. So, it is vital that as many people as possible get involved in the discussion to help strengthen our scrutiny of the detail in the Bill.”

To provide a detailed response to the Bill – Circular Economy (Scotland) Bill – Scottish Parliament – Citizen Space

To make brief and general comments – https://engage.parliament.scot/group/29745

The Committee’s call for views will be open until Sunday 20 August 2023.