Chamber and committees

Legislation relating to the efficiency of heating systems such as gas central heating is set out via Ecodesign and energy labelling product standards legislation which is reserved to the UK Government. The UK Government has recently consulted upon proposals to further improve the efficiency of gas boilers ( Improving boiler standards and efficiency consultation (publishing.service.gov.uk )) which closed on 31 March 2023. In addition, heating systems should be installed in line with latest buildings regulations as detailed in the Domestic building services compliance guide .

The Scottish Government also wants to ensure that current and prospective building owners and tenants have fuller information on the efficiency of heating systems as part of an Energy Performance Certificate (EPC). This will provide homeowners and tenants with more information on the energy performance of their home, alongside the reserved UK Government Ecodesign regulations, which ensure manufacturers detail the efficiency of their products.

The Scottish Government published a consultation on EPC reform on 25 July 2023 and this is accompanied by workshops open to any stakeholder. In advance of this, we engaged extensively with industry regarding the proposed reform of the EPC rating system. For more detail I refer the member to the answer to question S6W-19032 on 26 June 2023.

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 February 2022 we published research commissioned through the ClimateXChange (CxC) into direct, point-of-use greenhouse gas (GHG) emissions associated with zero carbon heating technologies, including hybrid boilers ( Direct greenhouse gas emissions from low and zero carbon heating systems (ed.ac.uk) ).

In May 2021 we published an evidence review, commissioned through the CxC, of all aspects of the use of hydrogen to heat buildings ( Evidence review for hydrogen for heat in buildings (climatexchange.org.uk) ), including converting gas boilers to run on hydrogen.

We will continue to monitor the growing body of research commissioned by other bodies and factor that in to our own decisions concerning further studies.

Later this year we will publish our Heat in Buildings Public Engagement Strategy setting out how we will work with stakeholders to increase public awareness and understanding of zero emission heating systems, the different technological options available and how to access advice and support.

This year we will also consult on proposals that might be included in a Heat in Buildings Bill and aim to set out further details of any planned new regulations. We want to hear from as many people as possible, across all areas of Scotland, on ways to help us ensure that we design the right protections and exemptions from the start – making sure the transition is just, fair and effective.

Home Energy Scotland (HES), administered by Energy Saving Trust on behalf of the Scottish Government, is a domestic advice service that acts as a single point of access for free, bespoke, impartial advice on energy efficiency, renewable heating and fuel poverty support in Scotland. HES provides in-depth support to householders on low and zero emissions heating technologies, other domestic renewables and more complex energy efficiency improvements. In the new calendar year we plan to launch a new national marketing campaign to promote action amongst potential early adopters of heat pumps, directing people to find out more through contacting our HES service.

Our Let’s Do Net Zero marketing campaign will support this by highlighting carbon emitting heating systems as being a major contributor to climate change and challenge myths associated with zero emission heating technologies, like heat pumps, to increase consumer confidence.

The Heat in Buildings Strategy, published in October 2021, set out a pathway to decarbonise Scotland’s buildings by 2045. The Scottish Government’s ambition, as part of a phased approach, is to see homes reach a minimum energy efficiency standard equivalent to EPC C by 2033 and transition away from the use of direct emission heating systems by 2045.

We are seeking to achieve this through a combination of clear regulations and financial support. These proposals, and any measures which accompany them, will be both fair and proportionate.

In Scotland, civil and political rights are protected by the Human Rights Act 1998, alongside provisions in the Scotland Act 1998. These rights derive from the European Convention on Human Rights (ECHR). There is an overarching duty on Ministers to comply with the law, including international law and treaty obligations. Any legislation introduced by the Scottish Parliament will be compliant with these Acts.

The Scottish Government have commissioned Energy Systems Catapult to model six different archetypes of Scottish homes, comparing the operation of zero direct emission heating systems (including air source heat pumps and electric boilers) with gas boilers. This will provide information on the energy required to heat homes using these systems, and their running costs.

There has been no female high secure provision in Scotland since 2009. The decision to stop providing treatment was because the majority of women at the time did not in fact require high security and the development of medium secure services provided an opportunity to address that.

In the small number of cases where a female does require high security, an arrangement was put in place whereby a woman who requires treatment in a high secure facility can be referred to Rampton Hospital, Nottinghamshire, and transferred via the statutory cross-border transfer process.

The Scottish Government has been clear that the UK Government's cruel Illegal Migration Bill should be withdrawn immediately. The proposals, if enacted, will unjustly harm some of the most vulnerable people in society by restricting access to support and assistance under the Human Trafficking and Exploitation (Scotland) Act 2015 for a person deemed within scope of the UK Bill.

We recognise and share the significant concern displayed across Scotland about the UK Bill. The Cabinet Secretary for Social Justice and Minister for Equalities, Migration and Refugees hosted a Summit on 22 June, focusing on our response to the Bill's likely impacts - including on potential victims of human trafficking. We will reflect on discussions at the Summit and continue our engagement with partners throughout Scotland.

The Scottish Parliament rejected the UK Bill during a debate on 25 April. We set out our intent to lodge a Legislative Consent Memorandum (LCM) on two clauses within the Bill which alter the executive competence of the Scottish Ministers. Following consideration, the Scottish Parliament has determined that it is not a relevant Bill for the purposes of Standing Orders Rule 9B.1 and has not accepted the lodging of the LCM.

Although an LCM cannot be lodged, the Scottish Government intends to facilitate an alternative debate motion to allow for Parliamentary scrutiny of the Bill. Scottish Ministers will also write to relevant Parliamentary Committees setting out the Scottish Government’s position on the Bill for the record and inviting consideration about the implications of the Bill for Scotland.

We continue to monitor the Bill closely as it is considered by the House of Lords.

This Bill will disproportionately impact vulnerable groups including victims of trafficking, children and LGBTQIA+ people. It is regrettable that the Home Office did not publish an Equality Impact Assessment for the Bill until the 10 May, by which point it had already passed through the House of Commons, consequently restricting the ability of those involved to scrutinise this Bill to the full extent of their powers.

The Joint Committee on Human Rights published a report on the Illegal Migration Bill last week in which it said certain provisions were incompatible with the UK’s legal obligations under international law, including the European Convention on Human Rights. The Home Secretary herself, was unable to make a statement that provisions of the Bill are compatible when it was introduced. The implications of the bill as it applies to Scotland are being assessed in the context of the requirement for legislative consent and were also considered by Parliament when the bill was debated in April. The requirement to carry out and publish any impact assessments belongs with the UK Government.

Scottish public authorities exercise their functions in accordance with all relevant legal requirements, including those set out in legislation passed by the UK Parliament relating to reserved matters.

The Scottish Government has no functions in connection with which it may be required to report persons to the Home Office on the grounds of immigration status. Other public authorities may, however, be subject to such requirements.

The sharing of personal information between public authorities must be considered in line with relevant data protection legislation, including the Data Protection Act 2018 and the GDPR.