Chamber and committees

We consider that as part of a package of measures in the forthcoming Land Reform Bill, a public interest test could potentially make a significant contribution to our longstanding land reform objectives by stimulating a more productive, diverse and dynamic pattern of land use.

The test will aim to ensure that the public interest is considered on transfers of particularly large scale land holdings, and we will aim to introduce a pre-emption in favour of community buy-out where the public interest test applies, and where it is appropriate to do so. We intend that the public interest test will help address the issues associated with concentrated land ownership.

It will comply with both the European Convention on Human Rights, including the right to private property, and the terms of the current devolution settlement. This reflects the principled position of the SG, and our explicit commitment to respecting, protecting and fulfilling human rights for every member of society. It will also complement existing Community Right to Buy legislation.

We will be undertaking a wide-ranging public consultation on proposals for the Bill in 2022, including the public interest test, and we are committed to engaging with all stakeholders to develop policy and legislative solutions to progress our proposals.

The SPCB is elected by the Parliament to take decisions regarding its statutory functions under section 21 of the Scotland Act 1988, which are to provide the Parliament, or ensure that the Parliament is provided, with the property, staff and services required for the Parliament’s purposes.  As part of these functions, it is incumbent on the SPCB in terms of its legal duties and obligations, as both an employer and as the owner occupier, to provide a safe and secure parliamentary estate.  As the decision on applying to become a designated site was based on confidential security advice from Police Scotland, it would not have been appropriate to have held prior discussions with MSPs, MSP staff or other Scottish Parliament staff.

The SPCB received comprehensive security assessment and advice from Police Scotland recommending application for designated status for the parliamentary complex. 

It is a matter for SPCB under its legal responsibilities to provide a safe and secure estate.  As the decision on applying to become a designated site was based on confidential security advice from Police Scotland, it would not have been appropriate to have held discussions with external organisations. The decision will have no bearing on campaign groups, trade unions and other organisations or individuals who protest in a robust but peaceful way at Holyrood. 

The Parliament welcomes and facilitates protests all year round and will continue to do so;  it is an important part of the expression of democracy in Scotland.  In taking the decision to apply for designated status, SPCB has carefully considered Police Scotland advice and security assessment, and the experiences of other Parliaments.  The UK Parliament has been designated for many years and the Welsh Senedd since 2018. SOCPA is an existing mechanism for bodies such as Parliament which have a critical role to play in terms of national security. It would only be used in exceptional cases where very disruptive and/or dangerous activities may impede the parliament’s democratic role, the safety of those working or visiting the Parliament and the rights of others to engage with the Parliament in a wide variety of ways. In giving effect to the designation, the SPCB and Police Scotland must still ensure on each occasion that they are used that the powers of enforcement under SOCPA are necessary, have a sound legal basis and are proportionate to the circumstances. This process provides assurance that the designation will have no bearing on the tens of thousands of people who protest in a robust but peaceful way at Holyrood each year.

I refer the member to the answer to question S6W-02895 on 23 September 2021. 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 .

In addition to the meetings I had with Colleges Scotland and Universities Scotland soon after becoming Minister, the Scottish Government has engaged extensively with further and higher education institutions, trade unions representing members in these sectors – including the Education Institute of Scotland, the University and College Union Scotland, Unite, and Unison – and the National Union of Students through the Covid Recovery Group, which I Chair. The minutes of the Covid Recovery Group are available on the Scottish Government website at this link: Coronavirus (COVID-19): Advanced Learning Recovery Group - gov.scot (www.gov.scot) .

This group has worked collaboratively to develop the Beyond Level 0 guidance, which includes guidance on face coverings, to help support students, staff and institutions prepare for the academic year. This guidance was published on 15 July, and is subject to periodic review to account for developments relating to alleviating the harms of the virus, and the latest expert and legal advice as that evolves.

It is consistent with, and where necessary, builds upon, the measures identified within our Strategic Framework and put in place for broader society.

Outwith the Covid Recovery Group, I have met individually with all the Trade Unions and the principals of all colleges and universities since taking up post as Minister for Higher Education and Further Education, Youth Employment and Training. Our Colleges and Universities are at the heart of our recovery and I am committed to working in partnership with Colleges, Universities and Trade Unions to achieve this.

I refer the member to the answer to question S6W-02895 on 23 September 2021. 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 .

Ministers will set out a statement of policy on the factors to be taken into account when considering whether to use the discretionary power within the UK Withdrawal from the EU (Continuity) (Scotland) Act 2021 in the coming months .

The Scottish Government is clear that we wish to maintain and advance the high standards Scotland has enjoyed as part of the EU. Ministers have no current plans to use the discretionary powers to align with the European Union legislation provided through the UK Withdrawal from the EU (Continuity) (Scotland) Act 2021 in the area of nature restoration legislation.