Concerns over possible UK – USA trade partnership

Scottish Ministers press UK Government for urgent clarity

Rural Affairs Secretary Mairi Gougeon and Trade Minister Richard Lochhead have written jointly to the UK Government to voice the Scottish Government’s concern about the possibility of the UK Government negotiating a ‘foundational trade partnership’ with the United States of America, as reported recently in the media.

The letter clearly reiterates the Scottish Government’s opposition to any derogation of food safety and animal welfare standards, and asks that Scottish Ministers are fully involved – and meaningfully engaged in UK Government’s activity in relation to trading arrangements with the United States.

Ms Gougeon commented: “The interests of Scottish agriculture, and other sectors, must not be traded away in order to secure a quick deal with the US, or any country.”

The full text of the letter is below:

10 October 2023

Dear Thérèse and Nigel,

We are writing to highlight the Scottish Government’s serious concerns about recent media reports of the possibility of the UK Government negotiating a ‘foundational trade partnership’ with the United States of America. This prospective arrangement reportedly covers topics such as digital trade, labour protections and agriculture. It is particularly concerning that we are only hearing of this now from the media, and while the implications of this arrangement are not yet clear, the media reports will most certainly be of acute concern to our farming communities and so we have decided to write to you jointly about this issue.

The Scottish Government recognises the benefits to trade and investment of building relationships with United States and this is reflected in Scotland’s Vision for Trade, as well as our plan for growing Scotland’s exports, A Trading Nation, where the US is identified as Scotland’s number one priority market. As a result, we have made clear the value we see in the Department for Business and Trade’s Memorandum of Understanding (MoU) programme with US States, and we have engaged constructively so that Scotland might maximise any benefits that these state-level agreements offer. For example, the UK and Washington State MoU on trade cooperation, innovation, and clean energy, which the Minister for International Trade recently shared with us, is the most recent illustration of this close working relationship that our governments have worked hard to establish.

Given this close cooperation on US MoUs, along with our proven track record of engaging meaningfully and securely across the suite of UK free trade agreements, we would be extremely disappointed if it transpired that the UK Government had been working on plans to deepen the trading relationship with the United States without any indication, advance notification, nor involvement of Scottish Ministers, leaving us to learn of this purported development through the media.

However, it is the potential practical effects of such an arrangement on Scottish farming and food interests which concern us the most. As already mentioned, the Scottish Government, and many of our agricultural exporters, view the United States as an important destination for our food and drink produce, but we must not forget that it is our reputation for safety and quality that makes our exports so highly sought after in the first place. It would be entirely counterproductive if we were to undermine these high standards and lose market access elsewhere as the price to secure a trade deal with the United States. More specifically, we have concerns around any potential impact this may have on vital UK-EU trade, and potential increased cost for business directly and through increased scrutiny from our EU partners.

While, from media reporting, this deal appears to fall short of a Free Trade Agreement it could be viewed as a bridging step towards one. Working towards a quick deal, and in light of the well-known domestic agriculture policy in the United States, could lead to significant changes to consumer protections, production standards and the profitability of our vital agricultural sector if any trade deal enables US agri-food imports produced to lower standards to be imported into the UK. Language such as ‘science-based’ approaches or ‘equivalent’ standards is particularly concerning in light of the US use of such terms in other trade agreements; it would not allow us to protect our valued reputation for a clean and biosecure environment for agrifood products.

Specifically, any relaxing of our opposition to hormone treated beef, GM crops and chlorine washed chicken would be especially egregious when the red meat sector in particular is already facing substantial threat from the trade arrangements reached with Australia and New Zealand and in light of consumer opposition in Scotland to the use of such treatments. We would find this completely unacceptable. The UK Government should not be trading away the interests of Scottish agriculture, and other sectors, in order to secure a quick deal with the US, or any country.\

If the Prime Minister’s commitment made to farmers earlier this year is to be honoured, we would not expect to see any concessions like this in agriculture.

While we are well aware that the UK Government has a policy of not commenting on leaks to the media, it is important to recognise that the content of those reports have nonetheless already created considerable concern in the agricultural sector. We therefore suggest that you alleviate those concerns by clearly reiterating your government’s opposition to any derogation of food safety and standards and animal welfare standards.

The Scottish Government remains committed to engaging constructively throughout any negotiation with the United States, and will continue to do so with regards the MoU programme. However, this engagement can be too easily undermined when questions are raised through media reporting of this kind, particularly if there is any degree of truth to the story. To avoid this, I ask that you and your officials now commit to involving Scottish Ministers and officials fully with regard to the UK Government’s plans for improving trading conditions with the United States going forward, and so that the veracity of any media reports can be gauged without creating undue concern between our administrations.

It is vital that we receive an early response to this letter and so look forward to receiving clarity from you about this issue as soon as possible.

Yours sincerely,

MAIRI GOUGEON
RICHARD LOCHHEAD

Scotland’s Ministerial Code updated

Changes to improve transparency

The Scottish Ministerial Code has been updated to further strengthen transparency and propriety.

Updates to the Code include:

  • New text reflecting the updates to the procedure for handling complaints by civil servants about the behaviour of a Minister or former Minister, making clear that for future complaints certain information about concluded cases will be made public, including the Minister’s name, the nature of the complaint and the outcome of the complaint, even after a Minister has left office, and setting out the obligation on Ministers to cooperate with the procedure. 
  • The introduction of an annual review of Ministers’ private interests, and proactive publication of these interests on an annual basis, to enhance integrity and transparency around actual or perceived conflicts of interest.  In addition, new text has been introduced to provide additional clarity for Ministers on managing overlaps between their Ministerial responsibilities and constituency interests.
  • General updates on provisions for maternity leave and to reflect the introduction of the Bute House Agreement, as well as minor amends to take account of digital developments, new published strategies and changes in Ministerial titles and responsibilities.

The First Minister Humza Yousaf said: “This new edition of the Ministerial Code sets the highest standards of propriety and transparency for Government Ministers. All Scottish Ministers, including myself, are bound by its terms and are committed to uphold the Principles of Public life, ensuring integrity, accountability and honesty at every level of leadership.

“Scottish Ministers are committed to building a better future for the people of Scotland while facing the profound challenges of our time. This will mean taking some tough decisions to ensure that we support those in greatest need, and it is vital that we are guided in this mission by a clear set of principles.”

2023 edition of the Ministerial Code.

Ministerial Complaints procedure.

The first annual review of Minister’s private interests will publish early in the next parliamentary session.

Nadhim Zahawi sacking: The damning report that finally sealed his fate

These factors, however, cannot mitigate my overall judgement that Mr Zahawi’s conduct as a Minister has fallen below the high standards that, as Prime Minister, you rightly expect from those who serve in your government.

LETTER from Sir Laurie Magnus to the Prime Minister, 29 January 2023:

Letter from the Prime Minister to Nadhim Zahawi, 29th January 2023:

Thousands affected by NHS Lothian hearing service scandal

LAWYERS WARN OF MORE VICTIMS IN NHS LOTHIAN AUDIOLOGY CASE

Lawyers supporting victims of the NHS Lothian hearing service scandal have warned that the number of children affected could be far greater than those identified in the independent report.

An audit of the health board’s audiology services found significant concerns in 155 of the 1007 patients treated between 2009 and 2018, which led to some children being identified with hearing loss years later than when first tested.

However, it has now emerged that THOUSANDS of children could be affected as lawyers highlight the 1,007 patients analysed in the audit was just a “sample” of those tested during the 9-year period.

Grace Smith, Associate at global law firm PGMBM, who are supporting parents affected by the scandal, said: “Whilst the audit highlighted those 155 children who were significantly affected by the failures at NHS Lothian, it is clear that the real number of families affected is much higher.

“The audit was performed on a sample of just over 1000 patients that were treated at NHS Lothian between 2009 and 2018. Within that 9-year period there were far more children through the doors of the Paediatric Audiology Service. The patient case load for this time frame was 22,900.

“The audit found concerns with 88% of the records within the sample. If that same percentage is applied to the full patient caseload across that time period, then the number of families affected by the report, delays and misdiagnosis could run into five figures. We know that there are children who were not included in the audit sample who have been affected by the failings highlighted in the audit report. ”

PGMBM are representing a parent whose child was not included in the audit sample – but experienced significant and serious delays in diagnosis.

Grace added:. “One of the families we are representing was seen by NHS Lothian’s Audiology Service several times from 2019 after their child failed a hearing test at birth.

“Despite repeatedly raising concerns about their child’s hearing, they were dismissed again and again and told that their child’s hearing was normal.  However, at almost three years old, an external second opinion diagnosed their child with severe hearing loss. This significant delay in diagnoses happened at a key developmental stage for their child.

“There are clearly more people affected than were reviewed in the audit sample. We would appeal to anyone worried to get in touch with either NHS Lothian or ourselves and we can look at ways to support you.”

The British Academy of Audiology report found systemic failings which led to babies and children undiagnosed or experiencing significant delays in diagnosis and treatment.

It was found that there were a series of serious issues particularly within the under-five age group of the Paediatric Audiology service. The root causes of these failures were found to be a lack of scientific leadership, knowledge, reflection and enquiry in the presence of a lack of routine and robust quality assurance process.

The report found that staff were not following professional standards, training was almost exclusively in-house and insufficient, testing was not carried out correctly and there was no evidence of consistent management protocol or structure for children after results of tests. As such children who presented with similar test results and histories were being managed in different and contrasting ways. It also found that parents concerns were often dismissed.

NHS Lothian apologised following the report which was published last December.

Anyone who thinks they might be affected by the issues identified in the audit and would like more information can speak to PGMBM lawyers at:

www.nhslothianclaimlawyers.com

PGMBM is a partnership between British, American, and Brazilian lawyers passionate about championing justice for the victims of wrongdoing or harm.

The firm has recently opened it’s Scottish office in Edinburgh, with Partner Alison Webb at the helm.

The case is among the first of many that the Scottish entity is taking on in an emerging market for group litigation in Scotland.

University of Edinburgh has ‘effective arrangements’, say independent quality experts

The University of Edinburgh has ‘effective arrangements for managing academic standards and the student learning experience’, according to a review conducted by QAA, the UK’s independent higher education quality body.

The review commended the University’s achievements in several areas including student partnership and the support provided by its Institute for Academic Development in support of teaching, learning and researcher development. 

The review was undertaken by a team of six independent reviewers, who were appointed by QAA. The review took place through a Planning Visit in February 2021, followed by a Review Visit in March 2021.

Due to the COVID-19 pandemic, the review was postponed from Autumn 2020. Its commendations included the following areas: 

  • The University’s commitment to working in close partnership with the student body is exemplified by student involvement across all decision-making structures and university initiatives. 
  • The University’s Institute for Academic Development (IAD) provides responsive, reflective and proactive university-level support for teaching, learning and researcher development and is valued by staff and students. 
  • The promotion and expansion of the Student Association-led and University supported Peer Assisted Learning Schemes (PALS) have contributed to the integration of students as they join the University. 
  • The University operates a highly professionalised approach to supporting the recruitment, selection and training of students to effectively contribute to the University’s Institutional Periodic Review (IPR) process. 

The University of Edinburgh was founded in 1583 and is one of Scotland’s four ancient universities, occupying an estate of more than 250 buildings organised in five main campuses spread across Edinburgh. 

The University describes itself as a large and diverse research-intensive University, and has collaborative agreements leading to a joint University of Edinburgh qualification with 55 international institutions and seven UK institutions. 

Professor Tina Harrison, Assistant Principal, Academic Standards and Quality Assurance, said: ‘I’m delighted with the outcome of the ELIR, that re-confirms our effectiveness in maintaining academic standards, commends our positive partnership with our students, and highlights the outstanding work of our Institute for Academic Development. 

‘The review process provided an important opportunity for University-wide reflection and, with the expert input from the review team, we have a clear plan for further development and enhancement of the learning experience for our students.’ 

QAA’s report also makes a number of recommendations, asking the University of Edinburgh to: 

  • establish a systematic approach to enable effective institutional oversight and evaluation of the implementation of policy and practice 
  • develop an effective approach to the strategic leadership and management of change that will ensure more immediate and timely implementation of identified solutions in order to support staff and enhance the student experience 
  • prioritise the development of a holistic and strategic approach to the design and management of assessment and feedback.

First Minister refers herself to standards panel over Salmond investigation

First Minister Nicola Sturgeon has confirmed that she has referred herself to the panel of independent advisers on the Ministerial Code. 

The panel will look at the First Minister’s actions during an investigation into Alex Salmond.

Nicola Sturgeon made phone calls and had meetings with Mr Salmond while claims of sexual harassment – which he strongly denies – were being investigated.

Continue reading First Minister refers herself to standards panel over Salmond investigation

Bullying and harassment: changes to Councillors’ Code of Conduct proposed

Ministers have published proposed changes to the Councillors’ Code of Conduct that will explicitly prohibit harassment and bullying. The amended Code has been submitted to the Scottish Parliament for approval following its endorsement by COSLA. This brings the Councillors’ Code in line with recent changes to the Scottish Ministerial Code.

Councillors have also agreed to update guidance on acceptable behaviour to accompany the changes to the Code.

Minister for Local Government and Housing, Kevin Stewart said: “Despite the great progress that has been made in promoting and achieving equality, it is clear that harassment and bullying are still issues that need tackled and this is unacceptable.

“Government works for the people and we need to be unequivocal that prejudice of any kind will not be tolerated. The proposed changes to the Councillors’ Code mean that it will specifically condemn harassment and bullying and make clear that where behaviour falls short people can expect to be held to account.”

COSLA President Councillor, Alison Evison said: “This change sends a strong message that all forms of bullying and harassment are not only completely unacceptable but are considered a breach of the Code of Conduct. It is only right that elected members in all spheres of government are held equally to account for their behaviour and set a high example to the rest of society.

“The change to the Code of Conduct is an important part of a wider picture such as continued efforts by COSLA and the Scottish Government to tackle gender based violence, including harassment, through the Equally Safe strategy.”

 If agreed by Parliament the changes to the Code are expected to come into force in the summer.

 The amendment states that ‘bullying or harassment is completely unacceptable and will be considered to be a breach of this Code’.

The changes have been endorsed by the Standards Commission and the Commissioner for Ethical Standards in Public Life, the independent bodies responsible for enforcing the Code, as well as by COSLA.  Similar changes to the Scottish Ministerial Code were issued by the First Minister in February.

 

A happy New Year for hospital food?

New hospital food guidelines to be published in January

hospital_foodImproved standards for hospital nutrition and catering are to be introduced, and the Scottish Government will consult on making them legally binding, Health Secretary Alex Neal has announced. The improvements are part of a package of measures being introduced to build on the progress already made to improve standards of nutritional care in Scottish hospitals.

The measures announced yesterday are:

• Improved nutrition and catering standards introduced in the new year, supported by increased inspections of hospital meals
• A consultation to determine whether nutritional standards in hospitals should be placed on a statutory footing
• A further £300,000 will be invested to help boards to improve nutritional care

Scotland was the first country in the UK to introduce national standards for food, fluid and nutrition in hospitals. Since 2008 more than £1.75 million has been invested to improve standards of nutritional care, including supporting nutritional champions, malnutrition screening of all patients when they are admitted to hospital, and the introduction of protected mealtimes to ensure patients get the help they need to eat.

Continuing improvements to hospital food are part of the Scottish Government’s 2025 vision to make Scotland a Good Food Nation.

Health Secretary Alex Neil said: “Scotland has led the way in the UK when it comes to developing and monitoring standards for nutritional care and catering in hospitals. We already have rigorous standards in place, and clear guidance about how these standards can be met. Catering teams, dieticians, specialist consultants and nursing staff are doing great work to ensure that patients are getting nutritious and balanced diets in hospital.

“We have made great progress, but I recognise that there is always more that can be done to drive up standards.

“We have been working on these new guidelines for some time as part of an ongoing review of nutritional standards. This is part of a package of measures that will help to ensure that hospital food continues to improve, that NHS boards have the appropriate amount of support and advice that they need to deliver these improvements and that we have an even stronger inspection process.”

As part of the new standards, there will be a move away from self reporting, whereby hospital boards submit evidence about how their meals meet nutritional guidelines

Full details of the new guidelines will be published in January, and, if agreed, Scotland would be the first country in the UK to place nutritional standards in hospital food on a statutory footing.

Alison Johnstone, Green MSP for Lothian and health spokesperson for the Scottish Greens, has welcomed the proposals. She said: “It’s good to see the Scottish Government waking up to this important issue. I would encourage every health board to listen carefully to the feedback from patients and relatives to help improve hospital meals.

“I await with interest the new guidelines, and I urge ministers to raise their ambitions for the quality of food served in our hospitals. We should take this opportunity to focus on using more local and fresh ingredients, and we should continually involve patients in a review of the menus.”