Chamber and committees

All local authorities are now offering 1140 hours of funded early learning and childcare (ELC) to all eligible children. Figures published in October 2021 by the Improvement Service show that at the end of August 2021, nearly 91,000 children in Scotland were accessing funded early learning and childcare. Of these 91,000 children, 97% are accessing expanded provision, and 87% - nearly 80,000 children – are choosing to take up the full 1140 hours on offer.

Each local authority is responsible for developing a local ELC offer that meets local people’s needs and circumstances, working in partnership with providers, and they have a statutory duty under the Children and Young People (Scotland) Act 2014 to consult with parents every 2 years on how they provide these services.

This will help local authorities to ensure that there is an appropriate mix of providers and patterns of delivery within each authority area, and that is delivered in a way which is responsive to parental demand.

In each local authority area parents should be able to choose from a range of types of setting, offering different patterns of provision, and which meet the National Standard, but we do not expect every setting to offer every possible pattern of provision that a parent may request.

Local authorities have worked incredibly hard with their partners to introduce the expanded ELC offer while dealing with the challenging circumstances and impacts of the COVID-19 pandemic. Local ELC offers will continue to evolve in response to patterns of demand and local circumstances.

The Scottish Government is commissioning an evaluation of the pilot approach to early learning and childcare (ELC) access for children who defer Primary 1. The evaluation research will include data collection with a sample of parents in pilot local authorities to explore their perceptions and experiences of the entitlement. We anticipate that full evaluation findings covering year 1 and 2 pilots will be published in spring 2023. Interim findings will be shared with the Deferral Working Group and published on the Scottish Government website.

The Scottish Government is commissioning an evaluation of the pilot approach to early learning and childcare (ELC) access for children who defer Primary 1. We anticipate that full evaluation findings covering year 1 and 2 pilots will be published in spring 2023, with interim results used to inform the implementation process. In addition, a Deferral Working Group has been established, to identify and share best practice and collect useful feedback throughout the pilot process. Membership of the working group includes all pilot authorities and representatives from all Regional Improvement Collaboratives, to ensure that non-pilot authorities will be included in those conversations. Meeting papers are published on the Scottish Government website.

Evidence shows that vaccination is the most effective way to keep you, your friends, family, and community safe and we encourage everyone to consider getting the vaccine. Billions of vaccinations have now been administered globally and we are confident about the safety of these vaccines and that in the vast majority of cases a successful route to safe vaccination is found.

If vaccination is not straightforward for some individuals, support is available to help them achieve the benefits of protection from the Covid-19 vaccines. Local vaccination centres can help answer questions about the vaccine and can advise what arrangements may be put in place to enable safe vaccination.

In the rare cases where that support is provided and does not lead to vaccination then this will result in the person being identified as either able to safely receive the vaccine but decides not to do so and in this circumstance they will not be eligible for a medical exemption certificate; or they will be identified as clinically unable to safely receive the vaccine and in which case they will receive a secure paper exemption certificate in the post. All vaccine status certificates, including medical exemptions certificates, are time limited.

I am sorry that this has process has not operated as it should have in your constituent’s case and I have written to you separately on that matter.

Further information on COVID-19 Status Certificates and about medical exemptions from them is available on NHS Inform .

The National Gender Identity Clinical Network for Scotland (NGICNS) publishes a general overview of gender identity clinic waiting times in Scotland in its annual reports. The latest published annual report from NGICNS is available at: https://www.ngicns.scot.nhs.uk/about-us/midannual-reports/

The next annual report from NGICNS is due for release from May 2022.

From March 2020 unfortunately, as with other parts of the NHS, services delivered by gender identity clinics were and continue to be impacted by the COVID-19 pandemic.

The Scottish Government fully recognises the need to reduce waiting times to access NHS gender identity services. That is why we have committed to improving access to these services in our 2021/22 Programme for Government .

The Scottish Prison Service (SPS) has a Policy in place regarding the treatment of Trans Prisoners in custody. This Policy is in line with the Equality Act 2010. The SPS carry out comprehensive risk assessments to assess risks to both prisoners and staff in determining how individual transgender prisoners are managed. The 2010 Act is generally reserved to the UK Parliament. The Scottish Government’s intention is this Policy would continue to have effect under the provisions in the draft Gender Recognition Reform (Scotland) Bill.

There is existing provision on celebrants not contravening provisions on gender reassignment discrimination by refusing to solemnise a marriage if the celebrant reasonably believes the gender of the person getting married has become the acquired gender under the Gender Recognition Act 2004. This provision is contained in paragraph 25 of schedule 3 of the Equality Act 2010: Equality Act 2010 (legislation.gov.uk) which is generally reserved to the UK Parliament. The Scottish Government’s intention is this provision would continue to apply under the Gender Recognition Reform (Scotland) Bill.

Section 195 of the Equality Act 2010 sets out exceptions from the requirements of that Act in relation to sport. The 2010 Act is generally reserved to the UK Parliament, including section 195, so the exceptions in the section would continue unaffected by the proposed provisions in the Gender Recognition Reform (Scotland) Bill. The Scottish Government continues to support the rights and protections that women currently have under the Equality Act 2010, and the proposed reforms in the Gender Recognition Reform (Scotland) Bill do not affect this.

There is an explanatory note for section 195 that can be found here Equality Act 2010 - Explanatory Notes (legislation.gov.uk)

The draft section 8N in the Bill as published for consultation provides that, where a person has obtained ‘overseas gender recognition’ (as defined), the person is to be treated as if the person had been issued with a full gender recognition certificate by the Registrar General for Scotland. But this rule doesn’t apply if it would be manifestly contrary to public policy (for example, in a case where gender recognition was obtained overseas at a very young age).

Whether or not a public policy exception applies will depend on the facts and circumstances, and may in a disputed case be determined by the courts under new section 8P, which provides that a court may make an order determining the question, if the question arises in the course of civil proceedings before the court or on an application to the court by a person having an interest in it. This is set out in the draft explanatory notes to the Bill, which were published as part of the consultation on the draft Bill.

The Scottish Government is committed to implementing the National Neurodevelopmental Specification: Principles and Standards of Care for Children and Young People, published in September 2021, which specifies service standards that all children’s services should follow, to ensure access to support is effective and consistent across Scotland. Scottish Government have also commissioned Directors of eHealth, working with others including Public Health Scotland, to work to improve digital infrastructure, applications and data to report on all standards within the National Neurodevelopmental Specification.

In addition to these actions, and to support this work, £3.06 million has been allocated to NHS Boards, for the remainder of this year, to build professional capacity within Boards to support children and young people with neurodevelopmental support needs.

The Scottish Government has also established the National Autism Implementation Team, in partnership with Queen Margaret University, to support Health and Social Care Partnerships to consider best practice and improve service in adult autism diagnostic services. The National Implementation Team is supporting NHS Boards to examine diagnostic pathways for autism and establish regional experts to assist with improving tiered autism specialisms across health boards.