Chamber and committees

The Scottish Government has awarded grants totalling £2,235,789 from the Coronavirus Resilience and Recovery Fund for Legal Aid (CRRF). Applications from 84 firms and law centres have been approved and 1 grant is pending subject to a recalculation of award, which is now in the process of being concluded.

The total number of applicants who did not meet the criteria for funding is 195 and is broken down into the following categories:

1. The applicant’s legal aid income did not meet the criteria – 22 applications.

2. No shortfall in applicant’s income was calculated compared with casework prior to pandemic, against the criteria for funding – 124 applications.

3. Applicants demonstrated no shortfall in expected fee income, against the criteria for funding, and have been or will be paid other forms of government support in excess of this sum - 49 applications.

Scottish Ministers made a commitment to keep the CRRF under review and have worked in collaboration with the Law Society for Scotland, the Bar Associations and the Scottish Solicitors’ Bar Association on the co-design and eligibility criteria of a new fund.

An announcement by the Scottish Government was made on 4 August 2021 to launch a new £6.7 million Legal Aid Business Support and Recovery Fund, in support of the Government’s Renew, Recover and Transform Programme which aims to deliver a wide range of measures in recognition of the important role in the Justice system of vital legal aid services in Scotland as we emerge and recover from the pandemic.

The First Minister announced that Kathleen Jamie is to be Scotland’s next Makar at an event at the Scottish Poetry Library on 18 August and issued a news release which sets out all the details. This is available at: New Scots Makar - gov.scot (www.gov.scot)

In line with the updated guidance on reducing risk in schools and the move to Level 0, children and young people can now engage in all music activities in schools, indoors and outdoors. Safety mitigations, for example good ventilation and enhanced hygiene, should continue to apply in relevant settings where these activities are taking place.

The guidance can be found at the link below:

Coronavirus (COVID-19): guidance on reducing the risks in schools - gov.scot (www.gov.scot)

Scotland’s devolved statutory climate targets are based on reporting through the Scottish component of the UK greenhouse gas emissions inventory, which is compiled in line with UN scientific reporting guidelines. Within the UK-wide inventory, emissions arising from the combustion of fossil fuel products are counted against the relevant nation, but those emissions arising directly from offshore oil & gas activity are not allocated to individual devolved administrations.

The First Minister’s recent letter to the UK Prime Minister sets out that the international picture is also vitally important, in particular the leadership role that governments such as Scotland and the UK offer. At a global scale, the scientific evidence provided by the IPCC clearly indicates that it is crucial that countries across the world must takes this opportunity to significantly raise global climate action and ambition if the goals of the Paris Agreement are to be met.

In terms of action to reduce emissions across all parts of Scotland’s economy as part of a just transition to net-zero by 2045, the Scottish Government’s updated Climate Change Plan (published in December 2020) sets out a comprehensive package of policies and proposals to deliver on this ambition over the period to 2032. We are focussed on implementing these policies.

Transport Scotland is an executive agency within the Scottish Government. This report, informed by extensive stakeholder engagement, which we have jointly developed and published with the Scottish Futures Trust, sets out the opportunities to support the growth and development of public electric vehicle charging infrastructure in Scotland. I fully endorse the report as reflected in my comments in the news release that accompanied its publication on 24 July.

Police Scotland publish data on their website in relation to the numbers of people who have been issued with Fixed Penalty Notices or arrested in relation to breaches of Covid-19 regulations. However the data does not identify the settings in which the breaches occurred. Specifically in relation to the railway network, cumulative intervention figures across all divisions in Scotland up until
21 July 2021 show there have been 6,229 interventions, 854 directions to leave and 34 Fixed Penalty Notices issued by British Transport Police in relation to non-compliance with Covid-19 regulations.

The Scottish Government recognises the need to deter and prevent abuse of our immigration and asylum systems, but we are clear that people who come here to live, work or study, to seek sanctuary or who have been subject to human trafficking and exploitation should be treated with dignity and respect at all times. Extremely vulnerable people, such as trafficking victims, should find a system which enables access to support rather than one which erects barriers.

We have set out our concerns about the Nationality and Borders Bill to the UK Government with regards to victims of human trafficking and exploitation. Identifying trafficking victims and enabling access to support and assistance must be a priority. Vulnerable and traumatised individuals should not be penalised for failing to disclose their experiences within mandated timeframes or face impediments to accessing support.

As set out in the Draft Business and Regulatory Impact Assessment, which was published on 20 June in conjunction with the consultation paper on the introduction of new legislation on the sale and use of fireworks in Scotland, and tackling the misuse of pyrotechnics Police Scotland has been a key driver in requesting the proposed offence and related stop and search power for pyrotechnics.

The new offence provisions will require Police Scotland to refresh their guidance on stop and search and pyrotechnics that is currently in place for their officers. Police Scotland has confirmed that there will be no additional resources required. Similar powers already exist for a person having an offensive weapon or dangerous instrument with them in a public place without reasonable excuse or lawful authority and it is anticipated that the proposed new offence will be enforced in a similar manner. In due course it is hoped that the new offence and stop and search power for pyrotechnics will make our communities safer and reduce public disorder thereby reducing the number of police operations.

The Scottish Government’s view is that the New Plan for Immigration and the Nationality and Borders Bill will not achieve the change that is needed or result in systems that are effective, efficient and deliver for people who are often vulnerable and highly traumatised.

The First Minister wrote to the Home Secretary on 26 July setting out our concerns and we have had frequent and ongoing communication with the UK Government on the Nationality and Borders Bill following its publication.

Support and assistance to victims of human trafficking is within the legislative competence of the Scottish Parliament. Section 9 of the Human Trafficking and Exploitation (Scotland) Act 2015 requires the Scottish Ministers to secure support and assistance to adult victims of human trafficking in certain circumstances. Support for victims of human trafficking or slavery, servitude and forced or compulsory labour was placed on a statutory footing on 1 April 2018 through the Human Trafficking and Exploitation (Scotland) Act 2015 (Support for Victims) Regulations 2018 and defines the relevant period for such support to be the earlier of 90 days or the date on which there is a conclusive determination that the adult is or is not a victim of an offence of human trafficking or slavery, servitude and forced or compulsory labour.

I can confirm that the central planning assumption is that an examination diet for National 5, Higher and Advanced Higher courses will be held in session 2021-2022.

My decision has been informed by the views of stakeholders, including the National Qualifications Group, and by public health advice.

Assessment modifications across National courses for the next academic session have already been confirmed by the SQA. These modifications reduce the expected course content compared to a normal year, in recognition of the disruption learners have experienced. Fairness for learners sitting exams in 2022 is a central concern for me. We will set out details on further support available for learners in September.

I can also confirm that careful contingency planning has taken place to ensure there is sufficient flexibility to respond to two key scenarios that might be faced as a result of the pandemic. First, in circumstances were there was further significant disruption to learning and teaching, a further round of modifications would be introduced in order to ease assessment. Second, should public health conditions do not allow for the holding of an examination diet in Spring 2022, awarding would be made on teachers’ judgements based on normal in–year assessment.

These contingencies offer stability for teachers and learners in the coming academic session and will allow their focus to be on normal practices in teaching, learning and assessment. More detailed guidance will be issued by the SQA at the earliest opportunity.