Chamber and committees

There are around 25,000 Civil Servants who are part of the reserved Public Sector in Scotland [1] . The UK Government has not provided details on how their planned Civil Service reduction will affect their staff working in Scotland.

The UK Government’s plans to reduce Civil Service headcount will not have a direct impact on civil servants who serve the Scottish Government, as the responsibility lies with Scottish Ministers and the Permanent Secretary when it comes to determining our workforce size. We continually engage with our trade unions on matters impacting our workforce, in line with our partnership agreement, and remain committed to making the best and most efficient use of our resources.

The UK Government spending review in November 2021 sets out the multi-year funding envelopes for devolved administrations. The Scottish Government is continuing to plan on this basis. The UK Government reviews its spending plans at each fiscal event and amends UK Government department and devolved administration budgets accordingly.

[1] Source: Public Sector Employment In Scotland Statistics For 4th Quarter 2021 - gov.scot (www.gov.scot) .

On 26 April the Scottish Information Commissioner issued a decision notice (048/2022) requiring the disclosure of certain information about legal advice on the topic of a second independence referendum. The information had been withheld by the Scottish Government in response to a Freedom of Information request as it considered that the Government should have been able to receive the advice in confidence under “legal professional privilege”. The Commissioner, in responding to an appeal from the requester, took a different view - that considerations favouring release in this case outweighed those for maintaining legal professional privilege.

The Scottish Government has considered the Commissioner’s decision carefully.

There is a longstanding convention, observed by Scottish, UK and other governments, that government does not disclose legal advice except in exceptional circumstances. This convention, which is reflected in the Scottish Ministerial Code, is intended to ensure that full and frank legal advice can be taken by governments, just as other organisations and individuals can take legal advice in confidence and subject to legal professional privilege.

The convention is also reflected in the Freedom of Information (Scotland) Act 2002, section 36 of which makes such information exempt from release to the extent that the public interest in disclosing the information is outweighed by the public interest in maintaining the exemption. It is on the applicability of this section of the FOI legislation that the Commissioner has come to a different view from the Scottish Government.

The Scottish Government considers that the convention on legal advice is important for ensuring good government. It disagrees strongly with the Commissioner’s reasoning in his decision and considers that there are good grounds for a successful appeal to the Court of Session to challenge the Commissioner’s ruling.

However, we have also taken account of the fact that the material covered by this Decision dates from 2020 and relates to proposed government actions that have since been taken forward and on which the legal position can therefore already be assumed. The Government has therefore concluded, on the particular circumstances of this case only, that the time and expense required for an appeal would not be merited, and that it will release and publish the information concerned.

It should be stressed, however, that the Scottish Government’s publication of the material in this case does not set any precedent for its position on releasing any other information that is subject to legal professional privilege, including in response to any other Freedom of Information request. Nor does the Information Commissioner Decision represent a binding legal precedent. The Government will therefore continue to apply the relevant exemptions, in line with the public interest test, as set out in the Freedom of Information (Scotland) Act 2002 and to follow the Scottish Ministerial Code in relation to legal advice, including in relation to material related to a referendum. The Government also reserves the right to appeal future Information Commissioner decisions to the Court of Session if it considers that appropriate in the circumstances.

The Scottish Government is committed to ensuring that all people living in Scotland with epilepsy are able to access the best possible care and support, and benefit from healthcare services that are safe, effective and put people at the centre of their care.

Decisions on local staffing requirements are the responsibility of individual NHS Boards, such as NHS Western Isles which is reviewing its method of delivery for all people with neurological conditions, including epilepsy, across the island groups.

The Scottish Government and COSLA recently published a National Workforce Strategy on 11 March 2022. The Strategy commits to publishing new workforce projections in the autumn, once we have had the opportunity to consider Health Board and Health and Social Care Partnerships' three year workforce plans. The staffing needs for services and professional specialties across NHS Scotland will be, in partnership with stakeholders, factored into the development of those projections.

In 2019 we published a Neurological Care and Support – National Framework for Action 2020-25 , which sets out a vision to ensure everyone with a neurological condition, including epilepsy, can access the care and support they need to live well, on their own terms. Since October 2020, we have invested £324,500 in funding via the Framework to projects which specifically improve the health and wellbeing of people with epilepsy in Scotland.

We want disabled people in Scotland to have choice, dignity and freedom to access suitable homes, built or adapted to enable them to participate as full and equal citizens.

Our Housing to 2040 strategy sets out a vision for housing in Scotland to 2040. This includes housing for disabled people.

We are working to increase the supply of accessible and adapted homes. Whenever possible, all new affordable homes are designed to be flexible so that they meet people’s needs as they change over time. We are also delivering a programme to retrofit homes in the social rented sector to make them more accessible.

We know that there are issues with the way in which adaptations are being accessed and delivered locally, so we are considering how the process can be streamlined and made easier for people who need adaptations.

In our consultation on a draft rented sector strategy ‘A New Deal for Tenants’ we sought views on how we can further protect and strengthen the rights for people living in the rented sector in Scotland and improve accessibility, affordability choices and standards across the whole rented sector in Scotland. We worked with Disability Equality Scotland (DES) to help increase accessibility to the consultation. The results of the consultation are currently being analysed and will inform future policy development.

We are also reviewing the Housing for Varying Needs design guide to help provide homes that are easy for all to access and navigate, and to improve their flexibility to adapt to meet changing health needs. We have engaged with Disability Equality Scotland regarding the upcoming consultation on the Housing for Varying Needs review and plan to work with them to gather feedback on the proposed updates.

Powers related to consumer protection, and to the energy price cap set by Ofgem, are reserved to the UK Government. However, I am concerned that energy consumers who are not registered directly with a licenced energy supplier may not be protected by the price cap and may not be eligible for the £400 rebate support announced by the UK Government. This affects those living in park homes, for example, in which a landlord bills households for their for energy use and is also a particular issue for heat networks.

The Scottish Government has raised the issue of unequal treatment of those households who do not have a domestic supply contract with the UK Government, who must ensure that any support for consumers is applied to all those that need it. I am also concerned by the current lack of regulation around the supply of heat via heat networks and I am clear that work to address this by the UK Government through Energy Security Bill is needed urgently, and suppliers must take action to support their customers ahead of any legislation coming into force.

Where concerns have been raised over affordability my officials have contacted the suppliers involved to highlight these and push for improved practice from those involved, we have also worked closely with Citizen’s Advice Scotland and others to support affected customers.

Figures for the number of Modern Apprenticeship starts in construction and related frameworks since 2008-09 is set out in the following table.

Other opportunities to train in construction trades will have been made available in other educational and training settings.

Action 12 of our Learning/Intellectual Disability and Autism: Towards Transformation Plan committed to explore the establishment of mandatory autism and learning/intellectual disability training for all NHS staff. We will consider how this applies across multi-disciplinary settings and use the evaluation findings from the Oliver McGowan Mandatory Training pilot to inform our approach to learning disability and autism training in Scotland.

The Scottish Government has also commissioned NHS Education for Scotland (NES) to develop the NES autism training framework as a tool for services and learners, alongside funding a Learning Disability Team at NES to improve the knowledge and skills of the health and social care workforce.

The Scottish Government remains committed to the north and east of Scotland, including improving the A96 corridor and will take forward an enhancements programme that improves connectivity between surrounding towns, tackles congestion and addresses safety and environmental issues.

The current plan is to fully dual the A96 route between Inverness and Aberdeen, however the Scottish Government has agreed to conduct a transparent, evidence-based review of the programme which is already underway and will report by the end of 2022. Effective stakeholder and public engagement is an essential part of the review and an initial public consultation survey was launched on 12 May 2022.

The A96 Dualling Inverness to Nairn (including Nairn Bypass) scheme, which runs from Inverness to Hardmuir, is separate from the wider A96 corridor review process which is currently being undertaken and we continue to progress the preparation stages of the scheme with a view to completing the statutory process.

Delivery of the scheme can only commence if approved under the relevant statutory procedures and thereafter a timetable for progress can be set in line with available budgets.

Following receipt of the reprimand letter, the Scottish Government and NHS National Services Scotland immediately began addressing the recommendations set out by the ICO. Action was taken against every recommendation and the Permanent Secretary wrote to the ICO on behalf of both organisations on 28 March, inviting the ICO to review the improvements made.

The ICO Director of Regulatory Assurance has now concluded that no further investigation or action from the ICO is required following the ICO investigation of the NHS Scotland Covid Status app and the resultant actions taken by the Scottish Government and NHS National Services Scotland.

The Scottish Government is committed to working with the ICO to ensure we uphold information rights and data privacy of individuals.

In response to the amended Town and Country Planning (Scotland) Act 1997, Draft National Planning Framework (NPF) 4 sets out policy proposals which aim to deliver positive outcomes for biodiversity from development.

A key element for the successful implementation and delivery of NPF4 is having a robust monitoring process in place, to be actively applied through the period of the framework. The Scottish Government has committed to working with relevant stakeholders, to develop an approach to monitoring of NPF4, making links across the national, regional and local levels.