Chamber and committees

The UK Building Safety Bill introduces fundamental changes to the Building and Fire Safety regime for high rise buildings in England. Part five of the Bill includes provision for a New Homes Ombudsman scheme, the aim of which is to drive up standards in housebuilding and to independently resolve disputes between developers and purchasers where there is an issue concerning the quality of a new-build home.

The provisions would confer a regulation making power on Scottish Ministers to be able to add an additional descriptor of developers who would be required to join the scheme. Other aspects of the scheme are to be established by the Secretary of State either administratively or by regulations. The provisions require that Scottish Ministers are consulted on the main aspects of the scheme before they are taken forward, in order to ensure it is tailored to suit Scottish needs, culture and practice.

Whilst housing is a devolved matter, reservations apply to consumer protection and there may be matters which cannot be entirely addressed in a Scottish system. The Scottish Government wants to ensure that protections offered to buyers of new-build homes in Scotland can also take account of relevant consumer protection requirements.

The extension of the New Homes Ombudsman scheme to Scotland is subject to the approval of the Scottish Parliament.

I refer the member to the answer to question S6W-06205 on 4 March 2022. 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 .

I refer the member to the answer to question S6W-06205 on 4 March 2022. 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 .

I refer the member to the answer to question S6W-06205 on 4 March 2022. 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 .

Scottish Government supports creating a sustainable quality culture across construction sector and protection of consumers is important. Although mandatory licensing is a reserved matter this is an issue we will raise with the construction sector to understand what the options in this area may be. We have also taken forward actions where we can to help consumers avoid rogue traders.

Although the regulation of consumer protection is the responsibility of the UK Government, under the Scotland Act 2016 the Scottish Government has acquired responsibility for consumer advice and advocacy. We are determined to do all we can to reduce impact from rogue traders on people living in Scotland, within the scope of our devolved powers. The Scottish Government has provided funding to the Society of Chief Officers of Trading Standards in Scotland (SCOTSS) to develop and promote an Approved Trader Directory which allows consumers anywhere in Scotland to find if there are any local authority vetted or checked traders in their area.

We understand the threat of rogue traders within the industry and would also point you towards the Strategic Framework within Scotland’s Scams Prevention, Awareness and Enforcement Strategy, published in 19 March 2021, which focusses on prevention, disruption, awareness, education and enforcement. This is intended to help all consumers with practical steps they can take to recognise common scam tactics and avoid the risk posed by this criminal activity.

Further advice can be obtained from consumeradvice.scot which is a free consumer helpline funded by the Scottish Government.

In addition, through the work of the Construction Leadership Forum, Scottish Government is also keen to see renewed focus on construction quality, including regulatory compliance, which will improve life-cycle value to clients and productivity of the industry.

Transport Scotland, as part of the implementation of the Transport (Scotland) Act 2019, has been working on the liability provisions contained within Part 8 of the Act which will bring into force Keeper Liability across Scotland.

I can advise that Part 8 (Recovery of unpaid parking charges) of the 2019 Act has not yet been implemented and there is still a significant amount of challenging and complex work to be undertaken before this part can become law.

Work on the secondary legislation programme is progressing and Parliament will be updated in due course.

The Scottish Government continues to engage in discussions with the UK Government around reported labour shortages through several forums, including Business and Industry Interministerial Group QUAD Meetings and DEFRA/devolved administration inter-ministerial group meetings. Our concerns have been echoed by colleagues from Wales and Northern Ireland in these meetings, and the Devolved Governments have jointly written to the UK Government Minister for Safe and Legal Migration requesting regular and meaningful engagement on migration issues.

It is clear from engagement to date that the UK Government is unwilling to make the necessary changes required to address Scotland’s needs. The UK Government must revise its restrictive migration policy to prevent further harm to our economy and society, and establish a specific Labour Market Shortages Taskforce with the Devolved Governments to enable constructive discussion on the measures required to tackle labour shortages

The Scottish Government believes effective voice is key to fair work and welcomes the CIPD’s contribution to highlighting the need for and the promotion of worker voice. We note their Working Lives Scotland report states that 19% of employees say they have no voice channel at work. More positively, it also notes the significant improvement in managerial openness among large organisations and public sector employees. We will continue to promote effective voice for all workers as the best way to ensure fair and democratic workplaces across Scotland, working in partnership with our stakeholders, including the STUC, employers, and the CIPD.

The Scottish Government expects all workers in Scotland to be treated fairly. Without control over employment law, we are using all the levers available to us to drive high quality and fair work, including effective workers’ voice, across the labour market.

Our Fair Work policy is underpinned by the Fair Work Convention’s Framework, which recognises effective voice as a critical dimension of Fair Work. We are working with our trade union partners and other stakeholders to promote and encourage wider fair work practices, including effective voice in various sectors, such as retail and hospitality. We are also working with stakeholders to deliver on our commitment in The Fair Work Action Plan, published in 2019, to work with the STUC to achieve increased collective bargaining focusing initially on four key sectors: social care; early years & child care; hospitality and construction.

Through our flagship Fair Work First approach, we are applying fair work criteria to public sector funding - asking employers to commit to providing appropriate channels for effective voice, such as trade union recognition along with adopting other fair work principles. In line with the Bute House Agreement , and subject to limits on devolved competence, we will strengthen conditionality yet further. By Summer 2022, we will make it a requirement for the recipients of public sector grants to provide appropriate channels for effective workers’ voice, such as trade union recognition.

Through the work of the Construction Leadership Forum (CLF) which I chair the Scottish Government is keen to see renewed focus on construction quality, including regulatory compliance, which will improve life-cycle value to clients and productivity of the industry.

The CLF meets bi-monthly with trade union, construction industry and government representatives collaborating on driving progress on the Construction Recovery Plan, which contains a range of practical actions to support the sector. As part of the transformation sub group of the CLF, work is ongoing on an action to gather and disseminate lessons from construction quality improvement initiatives and issue guidance on maintaining focus on construction quality and regulatory compliance during economic downturn. Another action is to establish the infrastructure to take forward and accelerate the work of the Construction Quality Improvement Collaborative.

We are working with the UK Government to explore how the proposed New Homes Ombudsman scheme provided for in the UK Building Safety Bill could operate in Scotland. We will continue this engagement to try to achieve a scheme that works for Scotland and respects the devolution settlement to ensure that buyers can purchase new-build homes with confidence and be assured that any problems relating to quality will be resolved effectively and efficiently.

In relation to the Building Standards system and to improve compliance with the building regulations, a consultation on proposals on the introduction of a new Compliance Plan Manager role, the definition of high risk buildings and penalties and enforcement was issued on 11 November 2021 and closed on 9 February 2022. Raised standards in this respect would be to ensure buildings meet the minimum building regulatory standard.

Further advice can be obtained from consumeradvice.scot which is a free consumer helpline funded by the Scottish Government.

The Scottish Government is keen to support businesses in ways we can and since the start of the pandemic have provided support of more than £4.4bn including COVID-19 non-domestic rates reliefs which have saved businesses around £1.6bn in reduced rates bills since 1 April 2020. To date we have spent almost half a billion pounds more in support of Scottish businesses than the funding we received from the UK Government for that purpose.

Additionally, the Scottish Government has worked in partnership with NHS 24 to develop a long COVID information resource on NHS inform, in order to provide people living with long COVID with clear and accessible guidance about self-management. This resource includes specific advice on navigating a return to work and signposts to information developed by the Society of Occupational Medicine and Acas, the Advisory, Conciliation and Arbitration Service.

The National Wellbeing Hub has also produced guidance for employers and managers. This platform also features interviews with people affected by long COVID sharing first hand experiences of how a supportive and successful return to work can be achieved.