Chamber and committees

The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 implemented the new Strategic Framework and came into effect on 2 November 2020.

The regulations enabled a levels based approach to applying protective measures at the local level according to the prevalence and pattern of infection across different parts of Scotland.

Decisions applying areas to levels build on the approach of the Framework for Decision Making, by assessing options for relaxation or restriction, specifically in relation to their impact on the four harms caused by the virus, their viability, and broader considerations including equality impacts, the impact on individual rights and consideration of measures, for example, for specific geographies and sectors. Further regulations to put all of Scotland in a national Stay At Home lockdown came into force on 5 January 2021 to respond to the serious threat posed by the new variant of covid-19 and the very real risk of NHS services being overwhelmed.

A series of Equalities Impact Assessments have been made available with each set of regulations under the Health Protection (Coronavirus) (Restrictions and Requirements)(Local levels)(Scotland) Amendment Regulations. These explore the equalities impacts of the Strategic Framework levels restrictions, including on older people and those who are shielding from the virus and are available at the series of links provided below.

These demonstrate the social harms caused by personal isolation from family and friends and loss of wider community connectedness associated with the protective measures, restrictions on visiting relatives in hospitals and residential care home settings.  The viability and effectiveness of these measures is assessed at each three week review point to ascertain whether they continue to be justified, necessary and proportionate. The approach seeks to minimise harm across all four of the harms.

The updated Strategic Framework published on 23 February describes a process of phased, prioritised national easings, out of the Stay At Home Level 4 lockdown and through the revised Levels, with indicative dates for further easings as published on 16 March.

In step with these changes, and in line with our legal duty to review all restrictions at least each three weeks, to ensure these remain justified, necessary and proportionate, we committed to undertaking a review of the state of the epidemic and our response to it, to establish whether it is safe to proceed with each new tranche of easings. Consistent with our commitment to transparency in decision making, we also committed to publishing the outcome of these reviews. To inform these reviews we explained our intention to adopt the six criteria recommended by the World Health Organisation in assessing whether it is safe to proceed. Each set of easings will be accompanied by EQIAs that identify new evidence of the cumulative impact of restrictions and the effect of their removal.

On 11 December we published evidence to illustrate how we used the four harms approach to support decisions about activities and restrictions through the Route Map process. A link to the publication is provided below. This included assessment of the impact by age – and on older age groups – as well as by those at greater clinical risk from covid19 as a result of health conditions.

The Scottish Government considered from the outset whether the lockdown provisions were consistent with the Equality Act 2010 and also considered whether the provisions could constitute indirect discrimination. In many cases, the provisions have applied to all persons irrespective of protected characteristic, although we acknowledge that the same provision may not have equal impacts. Equality Impact Assessments (EQIAs) have been carried out to consider the likely or anticipated impact of the measures contained in the Coronavirus (Scotland) Act 2020 and for the respective legislation thereafter.

The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 6) Regulations 2020 (legislation.gov.uk)

The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 (legislation.gov.uk)

Regulations+11+-+EQIA+8+Jan-+publication+regulations.pdf (www.gov.scot)

Coronavirus (COVID-19): evidence gathered for Scotland's route map - equality and Fairer Scotland impact assessment - gov.scot (www.gov.scot)

The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 3) Regulations 2020 (legislation.gov.uk)

The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 6) Regulations 2020 (legislation.gov.uk)

The Health Protection (Coronavirus) (Restrictions and Requirements) (Scotland) Regulations 2020 (legislation.gov.uk)

Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021: impact assessments - gov.scot (www.gov.scot)

Coronavirus (COVID-19): evidence gathered for Scotland's route map - equality and Fairer Scotland impact assessment - gov.scot (www.gov.scot)

The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 (legislation.gov.uk)

The National Transport Strategy Delivery Plan details how we will support the research and development of hydrogen as alternative fuel across the various modes of transport in Scotland. For ferries it is recognised that hydrogen is some way from being cost competitive and the technology at this time does have its limitations. However, the Scottish Government is engaging with partners and stakeholders and monitoring progress in the development of both hydrogen and ammonia fuelled systems. For example we are aware of a recently commissioned vessel in Norway that will have a hydrogen fuel cell/battery hybrid propulsion system. Such technological advances will allow us to continue to provide our longer lifeline ferry services where electrification is not an option.

The Scottish Government is also supporting the Hydrogen Accelerator programme at St. Andrews University that is linking academic, public and commercial interests in the development and deployment of hydrogen technologies and projects. Transport Scotland officials have engaged with their counterparts both domestically and in other European countries to learn from their experiences so that when the time comes Scotland will not be left behind in achieving our zero emission objective.

We will also set out a framework by 2022 for enabling and delivering infrastructure to underpin Scotland’s move to a zero emission transport system, including working with partners to support and promote the development of hydrogen for public transport, including ferries.

Independent Prescriber (IP) community optometrists, as with all community optometry practice staff, are a key and valued part of the frontline NHS workforce and have significantly contributed to the safe management of patients during the COVID-19 pandemic.

Twenty five percent of community optometrists now hold the IP qualification, meaning that they can prescribe and manage a wide range of eye conditions within their practices. Their role prevents the need for patients to access care and/or treatment elsewhere and supports the role of optometry as the first port of call for eye conditions within the community.

Sixteen IP optometrists in NHS Greater Glasgow and Clyde, NHS Lothian, NHS Fife and NHS Grampian have just been accredited to manage lower risk glaucoma and treated ocular hypertension patients discharged from hospital, and this number will increase further as this service is rolled out across Scotland.

With unprecedented waiting times pressures in hospital eye services, the Scottish Government will work with stakeholders to consider further options to utilise IP optometrists to manage more patients in the community.

Railway Safety is a matter reserved to the UK Government, and regulated by the UK Office of Rail and Road. The Scottish Government has funded the determination of the ORR for the current regulatory control period. The determination provides an increase in 21% in the funding available to Network Rail for the safe operation, maintenance and renewal of the Scottish Railway network.

The Scottish Government did not receive any information regarding the area around the Carmont site being an area of concern prior to the derailment in August 2020.

Further detail on the accident was made public by Network Rail in their Interim Report in September 2020. A key recommendation from that Report was to establish two GB wide Task Forces to examine the implications and detail future mitigations in respect of extreme weather and management of earthworks. Both Task Forces published their findings on 17 March 2021 and the Scottish Government is considering their conclusions.

We engage with trade union partners on matters affecting the supply chain and workforce through a number of routes, including in specific discussions focused on supply chain and jobs in the sector.

Although the Scottish Offshore Wind Energy Council's (SOWEC) Terms of Reference does not make explicit reference to trade unions, it is committed to engaging with stakeholders across the offshore wind sector in Scotland, including representatives of trade unions, to achieve its Vision and Strategic Goals and tackle the challenges that offshore wind projects in Scotland face.

Nevertheless, this is a an area where I have suggested we would benefit from better engagement with trade unions and I recognise that it would be beneficial for the Council to set out in clear terms its willingness to engage with trade unions in an appropriate way. We will liaise with the members of SOWEC to amend its Terms of Reference to reflect this objective.

As planning and consenting authorities we regularly engage with counterparts in the UK Government and The Crown Estate. We have recently liaised with them on offshore wind and the leasing process managed both by The Crown Estate and by Crown Estate Scotland.

Railway Safety is a matter reserved to the UK Government, and regulated by the UK Office of Rail and Road. The Scottish Government has funded the determination of the ORR for the current regulatory control period. The determination provides an increase in 21% in the funding available to Network Rail for the safe operation, maintenance and renewal of the Scottish Railway network.

Network Rail is therefore responsible for the operation, maintenance and renewal work of Scotland’s rail network and it is the role of the ORR to monitor expenditure and the delivery of outputs on Scotland’s rail network. As such Transport Scotland does not hold this information.

My officials are in regular contact with Skills Development Scotland although, as I understand it, there are no immediate, live concerns around Scotland’s ability to meet future demand for seafarers, but I agree this is something that would be important to keep under review.

The Scottish Offshore Wind Energy Council’s (SOWEC) Skills Group is led by Jim Brown, Director of Energy Skills Partnership, who has a wealth of expertise and invaluable knowledge of the key skills specific issues in Scotland. One of the Skills Group’s areas of focus at SOWEC meetings has been, and will undoubtedly continue to be, understanding the Skills demand in Scotland and, moreover, how colleges and the sector-at-large can best meet this demand. Energy Skills Partnership is also a member of the Energy Skills Alliance and the Offshore Wind Industry Council’s Investment in Talent Group.

I am aware that the Energy Skills Partnership has established a Marine and Maritime Training Network to consider this issue and I would encourage the sector to engage with our Skills Agencies and SOWEC to ensure that it receives appropriate coverage.

The Scottish Government has not held discussions with the UK Government regarding seafarer welfare on drill ships currently moored in the Port of Hunterston. Shipping safety and seafarer welfare are matters reserved to the UK Government.

Transport Scotland officials recently consulted with the Maritime and Coastguard Agency (MCA) and the Statutory Harbour Authority regarding a drill ship at the Port of Hunterston which had become adrift.

As a consequence of the incident, the MCA undertook General Inspections on the Ensco DS-8 vessel and on the Valaris DS-4 vessel. During these inspections, a number of deficiencies were noted and enforcement notices issued. Full and separate investigations have been completed by Clydeport as the Statutory Harbour Authority and by the ships’ management companies.

The Harbour Authority has been liaising closely with the Marine Accident Investigation Branch (MAIB) and its report on the investigation has been submitted to the MAIB.

The Scottish Government expects the highest shipping safety and crew welfare standards and for these to be applied in the case of those vessels and personnel accessing our ports and coastal areas.

Railway Safety is a matter reserved to the UK Government, and regulated by the UK Office of Rail and Road. The Scottish Government has funded the determination of the ORR for the current regulatory control period. The determination provides an increase in 21% in the funding available to Network Rail for the safe operation, maintenance and renewal of the Scottish Railway network.

Network Rail is therefore responsible for maintaining and renewing the rail network in Scotland and as such Transport Scotland has no locus in these matters and does not hold information relating to the proportion of inspections and works undertaken in this regard.