Chamber and committees

We are seeking further clarification from the Home Office to fully understand the operational impact of the Nationality and Borders Act.

We have no current plans to make regulations under section 9(8) and (9) of the 2015 Act.

Section 40 of the Nationality and Borders Act 2022 amends section 24 of the Immigration Act 1971 to include a new offence of arriving in the United Kingdom without a valid entry clearance. The new offence comes in force on
‎ 28 June 2022.

There are no plans to introduce Lord Advocate’s guidelines in relation to the new offence.

Where the circumstances of alleged offending are reported to the Procurator Fiscal, prosecutors will decide on appropriate prosecutorial action, if any, on the basis of both the principles in the published Scottish Prosecution Code and, where relevant, the published Lord Advocate’s instructions for non-prosecution of victims of human trafficking.

ScotRail introduced a temporary timetable on 23 May to provide certainty to train passengers about the availability of ScotRail services, this was in response to train drivers choosing not to work overtime or rest days – as is their right. ScotRail could not, therefore, maintain a Service Level Commitment (SLC) as a result, however given that ASLEF have now moved to ballot their members in a referendum on the pay deal, it is hoped ScotRail will be able to return to normal rail services as soon as possible. ScotRail reviewed the temporary timetable on June 3 rd and as a result have reintroduced a number of services.

However, it is also clear that wider UK-wide industrial action between Network Rail and the RMT is going to impact on ScotRail services from the 21 st of June.

The Nationality and Borders Act 2022 is a complex piece of legislation. The Scottish Government raised significant concerns about the likely impacts during the passage of the Bill, and the Scottish Parliament voted to withhold consent on two clauses. The Act will affect people living in Scotland, but the full extent of this will depend on how it is implemented by the Home Office.

(a) In relation to whether the Scottish Government plans to review strategies in light of the Act:

(i) The New Scots refugee integration strategy has been developed and is led in partnership by the Scottish Government, COSLA and the Scottish Refugee Council. The current strategy was published in 2018. We have committed to refreshing the strategy with our partners in 2023 and to ensuring that it is shaped by refugees and people seeking asylum, as well as those with expertise supporting them. The impact of the Nationality and Borders Act 2022 will be considered in the development of the new strategy.

(ii) The first statutory review of the Trafficking and Exploitation Strategy was published in May 2020 and was clear that the strategy remained fit for purpose in the short term. However, we remain committed to the development of a refreshed strategy which will take into account a range of developments since publication of the review, including the Nationality and Borders Act 2022.

(iii) The Ending Destitution Together strategy was published in March 2021, in partnership with COSLA, and focuses on improving and strengthening support provision and service access for people subject to No Recourse to Public Funds (NRPF) living in Scotland. This strategy is the first of its kind and is being delivered in partnership with the third sector, public services and local authorities over the next two years. Ending Destitution Together clearly sets out our inclusive approach, while recognising that there are limits on action that can be taken because immigration and nationality, including NRPF policy, are reserved to the UK Parliament. As the strategy is implemented, we will consider all developments since the publication of the strategy, including the Nationality and Borders Act 2022.

(iv) The Mental Health Strategy was published in 2017 and set out 40 actions to improve mental health care. This was followed by a Mental Health Transition and Recovery Plan in 2020 in response to the Covid-19 pandemic.

The 2021-22 Programme for Government committed to “review and refresh” the Mental Health Strategy at its halfway point in 2022 and work is already underway to do this. The scope of the refreshed strategy will be wider than before, with an increasing focus on wellbeing and prevention. We will also consider how the strategy can take account of social factors and inequalities that may impact a person’s mental health and wellbeing. We have already undertaken extensive engagement with our stakeholders to help us shape the strategy. We will be launching a public consultation later this month and will take forward further engagement activity over the summer months to inform this important work.

(b) Following on from the work and recommendations of the First Minister’s Advisory Group, and the National Taskforce for Human Rights Leadership, a new Human Rights Bill will be introduced to Parliament during this parliamentary session.

Our commitment to bringing forward a Human Rights Bill this Parliament, as far as we can within devolved competence, remains and we are proceeding on that basis.

A: The Scottish Government has not held any recent meetings with the government of Norway where the viability of replicating a sovereign wealth fund in Scotland was discussed.

The Scottish Government is not currently working to build a sovereign wealth fund. Under the current constitutional arrangements, the Scottish Government does not have the power to set up a sovereign wealth fund, similar to that of Norway, which is currently worth $1.2 trillion. We will set out our proposed approach to the economy of an independent Scotland in the forthcoming independence prospectus papers.

Land and property is one of five key pillars of the Community Wealth Building (CWB) approach to economic development. Initially, actions taken will centre on how public sector partners such as local authorities and health boards might use the land and assets that they own to drive creation of fair work opportunities and higher levels of community ownership.

Through encouraging local and regional partnership working between public and private sectors, we will support advancement of the principles underpinning the CWB approach as they relate to land and assets, and the promotion of higher levels of community ownership.

We have committed to introducing legislation on Community Wealth Building during this Parliamentary session. This will involve consideration of a wide range of views and proposals and we will ensure close alignment with the provisions set out in the forthcoming Land Reform Bill.

Scottish Government officials last met with COSLA on 26 May 2022 to discuss progressing the introduction of a national recommended allowance for foster and kinship carers. They are next due to meet at the end of June.

The Scottish Land Commission recently provided advice to the Scottish Government following the conclusion of their review of land and property taxation. It is only right that we take some time to consider the Land Commission’s recommendations in detail, and the Cabinet Secretary for Finance and Economy, along with the Minister for Finance, Planning and Community Wealth, will look closely at them as part of our wider approach to tax policy. While there are no immediate plans to introduce any new national taxes, the Scottish Government continue to review any evidence and assess this as part of our wider approach to tax policy.