Chamber and committees

The vast majority of people can wear a face covering, including most people with a lung condition such as asthma, and everyone who can wear a face covering in the mandated spaces is legally required to. However, we recognise that there are certain situations where a person is unable to, or it would be inappropriate, for them to wear a face covering and these exemptions are reflected in the Regulations.

The Scottish Government exemption card is a tool to support people to feel more confident and safe when accessing public spaces and using public services. It is not intended as proof of exemption.

Details on the number of face covering exemption cards that :

(a) have been approved

Between 29 October 2020 and 11 March 2021, 63,268 individuals have received a Scottish Government face covering exemption card, 26 of these requests are for replacement exemption cards where that card has been lost or misplaced. In line with data minimisation principles, local authority breakdown is not requested or collated in order to receive an exemption card.

(b) have been declined

When using the www.exempt.scot website or helpline individuals are asked to confirm that they have read the Scottish Government guidance on exemptions and that one of the exemptions applies to them before they can receive an exemption card. This is an additional requirement in order to minimise misuse of exemption cards. We currently do not record how many individuals have not confirmed these requirements and therefore would not be eligible for an exemption card. To require individuals to seek medical proof that they are exempt would put undue burden on the NHS services at this time.

(c) are yet to be processed

On 11 March, there were zero requests yet to be processed.

The Scottish Government, Universities Scotland, College Development Network and Colleges Scotland are clear that there is no place for antisemitism in further and higher education.

Universities, as autonomous institutions, are aware of the IHRA definition of antisemitism. Many are actively and presently consulting within their diverse communities and stakeholder interests on the definition, with two having adopted it to date. Universities and colleges are also addressing antisemitism through their ongoing engagement with the Scottish Funding Council to address discrimination and harassment on the grounds of race.

The SFC, in response to the recommendations of the EHRC report, Universities Challenged, published in October 2019, has developed resources to support challenging conversations on all aspects of racial discrimination, including antisemitism. These were developed with input of staff and students and was launched on 16 March 2021.

The Scottish Government continues to acknowledge the fact that on-going restrictions have been challenging for everyone, in particular for parents and new mothers. However, we do not intend to revise the extended household rules to include all parents with a child less than a year old at this time.

“The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020” permit two households of any size to form an extended household. The parameters around this are set out in guidance. Extended households rules in Scotland were developed to reduce isolation and meet social need.

The Scottish Government continues to acknowledge the fact that on-going restrictions have been challenging for everyone, in particular for parents and new mothers. However, we do not intend to revise the extended household rules to include all parents with a child less than a year old at this time.

“The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020” permit two households of any size to form an extended household. The parameters around this are set out in guidance. Extended households rules in Scotland were developed to reduce isolation and meet social need.

There has been no consideration around automatically exempting all people aged over 70 from jury duty. There is currently no age limit at which you may cease to be called for jury service, but from the age of 71 you are permitted to be excused. In addition, if any potential juror has any condition that is likely to impair, or make difficult, his or her function as a juror, he or she may also apply to the clerk of court for excusal. The clerk of court has full discretion in this matter.

These statistics are not collected.

In order to achieve our primary objective of reducing interactions and helping to drive down community transmission of Covid-19, the number of key worker children presenting to schools during the current strict lockdown must be kept to an absolute minimum. The purpose of the exceptional key worker arrangements initiated in January 2021 is therefore to ensure that workers who are critical to supporting essential and lifeline services in Scotland can request places for their children in schools or with childcare providers, when alternative options have been exhausted.

Where construction or manufacturing supports the essential or critical services set out in the key worker guidance published on 06 January 2021, employers and staff would be eligible to request access to key worker child places in schools as potential Category 3 workers, or as a potential Category 2 worker if directly supporting the CNI. As not all construction or manufacturing supports such services, it is for local authorities, schools and providers to consider and respond to individual requests based on the specific circumstances involved. Employers are therefore asked to strictly prioritise and only request places for staff who are critical to the provision of essential services and have no alternate childcare or working options.

Local authorities are expected to take account of the diverse needs of their local communities, families and young people when applying these arrangements and managing demand for places in schools.

The definitions of key workers have been designed to provide local authorities with the flexibility to meet the needs of their local communities. When determining which children should attend, local authorities and childcare settings should have regard to the overarching policy aim which is to minimise the number of children and adults from different households interacting in-person within communities in order to reduce transmission of the virus.

Local authorities are operating within a framework agreed with Scottish Government however there is flexibility for local authorities and individual childcare providers to consider requests in line with local needs. We have a very diverse range of communities in Scotland and a one size fits all approach would not be appropriate, therefore local authorities must be free to take decisions at a local level.

The purpose of the current exceptional arrangements are to ensure that key workers performing an essential role in the Covid-19 response can request access to their child's usual school or childcare setting. However, alternative options, such as home working or access to informal childcare should have been considered in line with current guidance before requesting access.

Employers have a duty to take all measures which are reasonably practicable to minimise the risk of the incidence and spread of Covid-19 on their premises. This includes supporting staff to work from home for those roles that can be undertaken remotely. As would be expected under normal circumstances, employers should have a fair and flexible approach towards those with caring responsibilities, and should make use wherever possible of flexible working options such as reduced or flexible working hours.

The Government continues to support the member’s amendment to the motion that I tabled in the Parliament on 8 September, which stated that women affected by complications arising from mesh should have “the early prospect of full transvaginal mesh removal surgery being undertaken by surgeons who enjoy the full confidence of the women affected, fully funded by the NHS ".

The national service in Scotland is establishing close working relationships with the equivalent services being developed by NHS England, and it is envisaged that this will allow referral to these services, as a further choice, where required and clinically appropriate.

In addition, I have asked NHS National Services Scotland to actively consider whether options are available for the commissioning of mesh removal services outside of the NHS. It is important to note, however, that the referral of patients for treatment outwith NHS Scotland, particularly where it involves foreign travel, is a complex issue. This is particularly so in terms of ensuring the safety and wellbeing of patients. We must be assured regarding the quality and safety of care available. Treatment must also take account and be integrated with pre- and post-operative care. There are also obvious concerns around women travelling long distances during the present pandemic.

As these issues are resolved I will update those affected directly with whom we are in contact and MSPs.