Chamber and committees

The benefit cap is a UK Government policy that sets a limit on the total annual payment a household can receive from means-tested benefits. The Scottish Government cannot amend this policy but we can provide support to benefit-capped families through the discretionary housing payment system. Our aim is to mitigate the cap as fully as possible within the parameters set by UK legislation on discretionary housing payments.

We are working with local authorities to identify good practice in benefit cap mitigation and agree how to best support those affected. This additional funding will be rolled out as early as possible this year. Estimates show around 4,000 households are capped and we will work with local authorities to identify those.

Some premises listed in Use Class 7 (of the Town and Country Planning (Use Classes) (Scotland) Order 1997) are exempt from short-term let licensing legislation. Schedule 1 of the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 (the “Licensing Order”) sets out excluded accommodation. Class 7 premises that are exempt are:

• a hotel, which has planning permission granted for use as a hotel
• a hostel

In addition, the following exemption will also be relevant to some Use Class 7 premises (including hotels and guest houses):

• premises in respect of which a premises licence within the meaning of section 17 of the Licensing (Scotland) Act 2005 has effect and where the provision of accommodation is an activity listed in the operating plan as defined in section 20(4) of the 2005 Act

Guest houses were originally listed as excluded accommodation in a previous version of the Licensing Order laid in December 2020. However, in response to feedback from our stakeholder working group we subsequently removed guest houses from the list of excluded accommodation and undertook further public consultation on this in June 2021. As guest houses can be variants of home sharing, they should not be automatically excluded. Further information is set out in the 2021 consultation paper (item 1 in table 2 at page 12): Short term lets - draft licensing order and business and regulatory impact assessment (BRIA): consultation - gov.scot (www.gov.scot) .

Unless otherwise excluded by any of the criteria set out in Schedule 1 of the Licensing Order, use class 7 premises are therefore within scope of the definition of a short-term let in the Order laid in November 2021 and approved by the Scottish Parliament in January 2022.

The audit trail here is a matter of public record. Advice was put to the then Cabinet Secretary Keith Brown on 20 August 2015, setting out CMAL’s identification of FMEL as the preferred bidder. Advice was also put to the then Minister for Transport and Islands on 7 October 2015, setting out risk associated with contract award in the absence of a guarantee, and mitigation that would be put in place.

The memos to Ministers mentioned have been in the public domain since 2019 and can be found at the following link: Ferguson Marine: key documents - 2015 - gov.scot (www.gov.scot)

There was no Ministerial direction in relation to the contract award and Ministers did not direct CMAL to enter into the contract. The contract was awarded by CMAL in its capacity as procuring authority following a robust procurement process.

While CMAL did express concerns about the absence of a refund guarantee, mitigations were agreed that were sufficient to assuage those concerns.

The Scottish Government recognises the acute pressure that is felt by people due to the cost of living crisis and will be pulling forward planned marketing activity to promote the advice and support that is in place for them.

The Scottish Government directs people towards its fuel poverty and home energy schemes, including Warmer Homes Scotland, via the Home Energy Scotland Advice Service. This makes it easier for people in Scotland to access all the support they are eligible for in one place and acts as the referral mechanism for the schemes.

In addition to the forthcoming activity, the Home Energy Scotland marketing campaign for winter 2021-22 concluded on 6 March 2022. The campaign ran over TV, digital and press advertising in two bursts of activity from 1 November 2021 to 12 December 2021 and from 5 January 2022 to 6 March 2022. An evaluation is currently being compiled which will inform future activity.

As committed to in the Scottish Government’s Heat in Buildings Strategy, we are now also developing a Public Engagement Strategy and early engagement activities to raise the profile of the heat decarbonisation agenda, including the changes that people will need to make and the co-benefits that can be delivered. Through this work we will also promote increased awareness of existing and future support as part of ensuring a fair and just transition, reflecting and building on the principles set out in our broader Climate Change Public Engagement Strategy.

Further details will be made available in due course.

In September 2021 Defra announced plans to facilitate gene editing (GE) in plants for research trials, and after that to review the regulatory definitions in England of a genetically modified organism (GMO) to exclude organisms produced by gene editing and other genetic technologies if they could have been developed by traditional breeding. This was despite the majority of respondents to a public consultation on genetic technologies in England rejecting this proposal. In March 2022, the Statutory Instrument to facilitate gene editing for research trials passed and Defra is now preparing primary powers to change the GMO definition.

While we are keeping abreast of both scientific and judicial reasoning on the decoupling of products of novel genomic techniques, such as gene editing, from GMOs, the definition of a GMO has not changed in Scotland. Gene edited organisms are legally considered GMOs.

Should the EU move to change its regulatory framework, as in other matters, we will consider the implications for Scotland as details become available. The Scottish Government is committed to maintaining alignment with EU laws and standards, supported in part by powers in the Continuity Act that ensure Scottish Ministers can make secondary legislation to achieve this. This means that we will continue to align with the EU where appropriate and in Scotland’s interest, including the protection and advancement of the high environmental standards that both Scotland and the EU enjoy.

Scotland’s climate targets are, rightly, highly ambitious and agriculture has a key role to play in meeting Scotland’s net-zero target for carbon emissions by 2045. The Climate Change Plan Update (CCPu) sets out a detailed, clear and credible pathway to meeting emissions targets over the period to 2032.

Circularity Scotland has identified preferred bidders to deliver IT, operations and logistics work and is in intensive discussions with them to finalise the contracts. We expect this to conclude shortly.

Our guidance to local authorities on the administration of the cost of living award, available at Local government finance circulars - gov.scot (www.gov.scot) , sets out that councils have discretion to choose how this support is provided to eligible households in order to ensure delivery in April 2022.

All local authorities have now confirmed that most payments are included as a credit in Council Tax Bills for 2022-23.

We published the Women’s Health Plan in August 2021. The actions in the Plan are divided into short term (one year), medium term (one to three years) and long term (three years or more) timescales.

As set out in the Plan we will be appointing a national Women’s Health Champion. In addition, a Women's Health Lead will be established in every NHS board to drive change and share best practice and innovation. These are medium term actions but scoping work is underway and further announcements will be made in due course.

Confirmation of the additional £150 million for flood risk management was provided to COSLA by the Cabinet Secretary for Finance in her letter of 4 February 2021. The indicative annual capital allocations, as set out in the letter, are provided in the attached table. The initial £10 million tranche was distributed to local authorities in the 2021-2022 financial year. Discussions are ongoing with COSLA on the arrangements for distribution of the remaining £140 million.

People of all ages in Scotland living with Cystic Fibrosis have access to Specialist Cystic Fibrosis Centres. These include a Clinical Psychologist who forms part of the multidisciplinary team supporting the patient and their family.

Patient referrals will be made to the psychologist for in-patients, out-patients and those whom the multi-disciplinary team have specific concerns about. National Services Scotland- who commission adult CF Services- receive data about the work carried out by clinical psychologists within the annual reports for each Adult Cystic Fibrosis Centre. This data, however, does not specifically state how many patients were seen by the psychologist at their annual review and instead relates to referrals and care episodes.

Paediatric Cystic Fibrosis Services are commissioned and delivered by Local Health Boards, therefore information is not held centrally on the percentage of children who have seen a psychosocial professional at their 12 month review.