Chamber and committees

COVID-19 is first and foremost a public health crisis, and the measures to combat it have been necessary to save lives. But those measures also cause harm, including for our Faith and Belief Communities.

We know that the virus spreads between people and we’re particularly concerned when it spreads between members of different households. Over time, the virus has mutated to spread more quickly. The Delta variant is even more transmissible than previous variants.

In order to reduce transmission of the virus, we have to reduce opportunities for the virus to spread. There have been varying degrees of restrictions implemented and adjusted as the pandemic has progressed and our understanding has developed. Ministers are obliged to keep these restrictions under regular review to ensure that they remain necessary and proportionate in responding to the pandemic, This is particularly important given that many restrictions significantly interfere with fundamental rights as enshrined in the European Convention on Human Rights (e.g. Article 9 - freedom of religion, Article 8 - right to private and family life., Article 2 protocol 1 - right to education, Article 1, protocol 1 – right to property, and to the peaceful enjoyment of possessions – which protects every type of business).

The Scottish Government considers a wide range of evidence when making assessments to inform decisions on restrictions. Details of impacts from economic, general wellbeing, mental health and anxiety and other non-Covid related health harms can be found in the four harms dashboard which is updated weekly and can be found at https://data.gov.scot/coronavirus-covid-19/ . Further information about the Scottish Government’s decision-making framework can be found in the paper published on 11 December 2020: Coronavirus (COVID-19): framework for decision making - assessing the four harms. This paper provides an overview of key analysis and evidence (and links to more detailed evidence) in support of decisions on how best to limit the effects of COVID-19. In this document, we describe how the four harms approach works in practice and present evidence under each of the harms to illustrate how we used the four harms to make decisions about levels, activities and restrictions.

Protective measures, or non-pharmaceutical interventions (NPIs), are a critical tool in the management of the epidemic. Our levels system is a crucial aspect of this and it works by limiting members of different households from interacting in different settings and activities. Decisions must be made about which activities and settings to restrict in order to achieve the required suppression of the virus. When different restrictions would have similar effects on transmission, difficult decisions must be made about which restrictions to apply, informed by the impacts on the four harms of the different options, as well as impacts on particular groups in society, including those with protected characteristics.

We understand that different sectors or interest groups will often want the restrictions that affect them, and their fundamental rights, to be eased more quickly and will perhaps argue that there is little or no evidence of transmission in that particular setting or activity, or that it is less risky than other comparable settings or activities facing lesser restrictions. Although we do take the transmission risk of different settings and activities very much into account, we take a broader view across all four harms in order to make judgements about the sequencing of any easing. As an example, the importance placed on the education and wellbeing of children led to a decision on the opening of schools as a priority.

The easing of restrictions, has to be balanced with the need to keep the virus suppressed. If we opened everything and lifted all restrictions too early, the virus would resurge. Notwithstanding the positive impact of the vaccination programme, this could lead to exponential growth in hospital admissions and serious health harm. So at this stage, with all adults yet to be offered both doses of the vaccine, we still need to keep some restrictions in place.

As the First Minister set out on 1 June, we do have cause for optimism. Emerging evidence is providing us with a firm basis to believe that in the next phase of the pandemic, expected during summer 2021, we will be able to deal with the virus differently and less restrictively. There should be much less need for legal restrictions on different settings and activities and more scope for people to apply personal judgement as the risk of harm from COVID recedes and much greater normality is restored to our lives.

The Scottish Government is reviewing physical distancing including the impact on places of worship, who are subject to physical distancing based capacity, and an announcement expected in the near future. The review will consider the faster spreading Delta variant as well as the effectiveness of the vaccination roll out. Sectoral guidance will be further updated to reflect the outcome of the review, including proposals for as clear a route as possible to the reduction/removal of physical distancing, enabling people and organisations to plan effectively for a full reopening. We continue to regularly engage with Faith and Belief Communities regarding the scope for further easing.

The chartering of the MV Pentalina was considered in late 2019 when it became surplus to Pentland Ferries requirements with the introduction of their new vessel. At that point however the proposed charter terms would not allow the vessel to be meaningfully deployed to support the network .

Open with Care: supporting meaningful contact in care homes was published on 24 February and sets out how indoor and outdoor contact should gradually increase while minimising COVID-19 risks to residents, staff and visitors. We have been providing testing kits to care homes to facilitate visitor testing and the guidance sets out how visitors may be supported in being tested and that providers provide testing facilities for indoor visiting. We are currently reviewing whether the roll out of community testing now makes it possible for visitors to test prior to their visit to care homes, subject to care homes discretion.

The guidance recommends that the frequency and duration of meaningful contact should be maximised where possible. The guidance does not stipulate that visits should be restricted to 30 minutes but recommends that the frequency and duration of meaningful contact should be maximised where possible. Care homes can access advice and support from local oversight partners when considering relaxations to visits to ensure everything is safe and suitable for all.

As detailed in my Answer to Question S6W-00352 on 10 June 2021, the Open With Care National Oversight Group is monitoring implementation of the guidance, identifying any additional support that might be required, and will report on progress in due course.

All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

The cost incurred due to disruptions, including potential charter of any additional tonnage, if available, would depend on the time over which vessels were chartered for and under which conditions. We are actively exploring opportunities for chartering additional tonnage, including consideration of the suitability of MV Pentalina to increase resilience across the network. In addition, we have also confirmed new investment of £580 million in ports and vessels to support and improve Scotland’s ferry services over the next five years, as part of our wider infrastructure investment plan.

Collective bargaining agreements are a matter for the relevant employer and employees. The employer in each case would depend on the type of charter entered into. If a vessel is chartered on a ‘bare boat’ basis and crewed by CalMac staff then existing contract arrangement regarding collective bargaining arrangements would apply. If a time charter on a temporary basis is progressed, for example the MV Pentalina, then the employer of the crew would not be CalMac and different arrangements would apply.

Transport Scotland (TS) and the Scottish Government Islands Team meet regularly with elected members and officers of Comhairle nan Eilean Siar to discuss a range of ferries issues including future planning and have also engaged on the Comhairle's Local Transport Strategy. The Comhairle were also a partner in a recent study, commissioned and funded by TS, of future options for ferry services to, from and within the Outer Hebrides. The Comhairle has produced a paper setting out proposals for ferry service improvements and future vessel investments and an initial meeting to discuss this with government officials has been arranged.

The Improvement Service published its latest Early Learning and Childcare Expansion Delivery Progress Report. The report is available on the Improvement Service website and linked on the Scottish Government ELC Joint Delivery Board web page.

This report provides an update on progress by local authorities towards the delivery of 1140 hours of funded ELC at the end of April 2021 as reported by local authorities, comparing this to their reported position throughout this academic year. As members of Parliament will be aware, the duty on local authorities to provide 1140 hours of funded early learning and childcare to all eligible children will come into effect in August 2021.

As the report sets out, local authorities continue to make good progress towards delivery, with an additional 10,510 children accessing 1140 hours since February 2021. The report also shows that the local authority ELC workforce in Scotland is reported to have increased by 7,178 FTE since academic year 2016/17, including an increase of 230 FTE since February 2021.

Following a revision to the Improvement Service data collection framework in light of the COVID-19 pandemic, data gathering is planned for the beginning of each academic term through to April 2022.

The deadline for priority appeals was originally set as 16 August to ensure that SQA and their appointees have sufficient time to process these cases to meet with UCAS deadlines of 8 September.

Following discussion with education partners on the National Qualifications 21 Group, this date has now been extended to 24 August to ensure that there is sufficient time after the start of the new session for centres to submit appeals and supporting evidence for those learners with immediate progression needs for further education, higher education or workplace progression. In moving to this date, the proposal is that centres will submit evidence digitally.

Compliance with the Nutritional Requirements for Food and Drink in Schools (Scotland) Regulations 2020 is monitored by Education Scotland Health and Nutrition Inspectors who support local authority caterers to undertake a nutrient analysis of school lunch menus using appropriate software to assess compliance with the nutrient standards. They also support local authority teaching and catering staff to assess compliance with all other food and drink provision across the school day against the relevant specifications.

Under the Education (Scotland) Act 1980 each local authority is responsible for ensuring that they comply with the statutory duties set out in the Regulations. The Regulations are flexible enough to allow for local variations in menu design which helps to ensure that local needs and preferences can be taken into account. As such we would expect to see different menus between local authorities and between schools within a local authority area.

SMEs and micro businesses are critical to the social, economic and environmental health of Scotland and we are committed to leveraging the full procurement rules to make it as easy possible for SMEs to bid for and win public procurement contracts and/or participate in local supply chains:

• Scotland outperforms the UK Gov target of 33% central government procurement spend going with SMEs by 2022. Even without target setting, in Scotland, 47% of public procurement spend in 2018-2019 went to SMEs; exceeding UKG( 26%), EU average (45%) and US(30%).
• last year, 58% of procurement spend on Scottish businesses went to SMEs, which account for only 40% of business turnover in Scotland, showing that SMEs are able to take advantage of the significant benefits that exist in relation to engaging with public procurement in Scotland.
• In 2019-20, over 26,000 suppliers were awarded public sector contracts worth £6.9bn through our Public Contracts Scotland portal; our data shows that 79% of suppliers awarded contracts in Scotland were SMEs from all locations and 63% were Scottish SMEs.
• We continue to provide funding (up to £150,000 in 2021-22) to the Supplier Development Programme which delivers free training and guidance on how to submit and win public procurement bids. During FY 2020-21, over 2,400 Scottish SMEs attended training events with 93% stating they were more likely to bid for public sector contracts as a direct result.
• The Supplier Development Programme also delivers free local and national Meet the Buyer events to put suppliers in touch with public sector buyers to learn more about up and coming contracts
• In March 2021, we published the results of a comprehensive survey of suppliers which received over 1550 responses. Its findings indicate that there is much to be positive about in respect of Scottish public sector procurement and the recent work done to improve it. At the same time it found that there are clearly areas in which the Scottish public sector could do more to build on the steps already taken to maximise the impact of public procurement in Scotland.
• This year we have also launched a series of SME round table meetings to hear directly from SME suppliers about their experiences of bidding for and winning public contracts.
• Of the [1] £369 million that Scottish Government spent through its contracts, over £120 million went directly to SMEs, with many more SMEs benefiting through our supply chains; they shared over £40 million of spend as subcontractors, with £30 million of that going to Scottish SMEs.

[1] Scottish Government Procurement Annual Report 2020