Chamber and committees

The introduction of Air Departure Tax (ADT) was deferred due to state aid issues raised in relation to replicating the existing Highlands and Islands exemption that currently exists under Air Passenger Duty. As of January 2023, Scottish Ministers have a responsibility to ensure all subsidies – including tax exemptions – comply with the UK Government’s subsidy control regime introduced in the Subsidy Control Act 2022.

A referral to the Subsidy Advice Unit at the Competition and Markets Authority (CMA) is necessary where a subsidy has a greater potential to lead to undue distortion and negative effects on competition or investment within the UK, or on international trade or investment. The Scottish Government has not yet had any specific discussions with the CMA regarding a future referral of a prospective Highland and Islands exemption but has had high-level discussions regarding the process through which a referral could be made. Prior to introducing ADT, the Scottish Government will assess whether a prospective Highlands and Islands exemption requires a referral to the CMA.

The Scottish Government continue to explore all options to implement ADT in a way that protects Highlands & Islands connectivity and complies with the UK Government’s subsidy control regime. The UK-wide Air Passenger Duty will continue to apply in Scotland until ADT is implemented.

The Aviation Statement focusses on new actions where the Scottish Government can make a meaningful contribution to growing Scotland’s direct international connectivity, securing lifeline services in the Highlands and Islands and contributing to decarbonising aviation. The Memorandum of Understanding with Heathrow airport is designed to ensure that any expansion of Heathrow approved by any UK Government results in significant job creation and investment opportunities in Scotland. As this has not changed, and as Heathrow expansion is not approved or underway, even though the new UK Government may support it, there was no need to include it in the Aviation Statement.

The Scottish Government’s response to the UK Climate Change Committee's report, including its recommendation on Air Departure Tax, will be published shortly.

We continue to explore all options to implement Air Departure Tax in a way that protects Highlands & Islands connectivity and complies with the UK Government’s subsidy control regime. We will set out the high-level principles of ADT, including how it will support emissions reductions, and will proceed with more detailed policy development as soon as possible.

Action to prepare and plan for this transition began prior to the Children (Care and Justice) (Scotland) Act 2024 receiving Royal Assent, and is ongoing. To support the relevant commencement and transitional provisions laid in the Scottish Parliament yesterday, intensive engagement with relevant partners across the sector has taken place. This to ensure readiness and capacity within secure care and wider children’s services, so that the children being moved are safe and well supported. The action included officials recently visiting each of Scotland’s four secure centres to ensure any additional support could be identified and put in place, and regular ongoing engagement with key delivery partners, including the Scottish Prison Service, secure accommodation providers, the Care Inspectorate, Social Work Scotland, COPFS, and the Scottish Courts and Tribunal Service.

Each of the children currently in Polmont YOI has a bespoke “Child’s Plan”, grounded in the principles of Getting it Right for Every Child (GIRFEC), Curriculum for Excellence and the SPS Vision for Young People in Custody (refreshed in 2021). A tailored transfer, matching and orientation process is being prepared for each child to transition to secure accommodation, along with action to inform and reassure their families.

The Children (Care and Justice) (Scotland) Act 2024 (Commencement No.1 and Transitional Provision) Regulations 2024 were laid in the Scottish Parliament on 15 August. The Scottish Government does not generally lay secondary legislation during Parliamentary recess. However, Scottish Ministers are taking action to end the practice of detaining children in Young Offenders’ Institutions as soon as possible, having identified the earliest point at which delivery agencies and partners could safely deliver the change.

The decision to allow Heathrow expansion was taken by the Westminster Government and UK Parliament. The Scottish Government’s Memorandum of Understanding with Heathrow Airport ensures that Scotland will benefit from this major infrastructure project, which will bring significant job creation and investment opportunities to Scotland.

The UK Government response to the Climate Change Committee recommendation on airport capacity expansion provides its reasoning as to why it considers a UK-wide airport capacity management framework is not required.

The Scottish Government carries out its work to help improve Scotland’s direct international connectivity on an airport-neutral basis. By definition, our work on direct international connectivity does not apply to Heathrow or any other UK airport.

The assertion that there is no Scottish strategy for decarbonising aviation does not take into account that aviation is reserved or that the UK Government’s Jet Zero Strategy applies throughout the UK. Separately, the Scottish Government’s Aviation Statement has now been published and describes actions we will take to contribute to the global effort to reduce CO2 emissions. The Statement also emphasises that Jet Zero should benefit Scotland and that Ministers will work with the UK Government to secure this aim.

The Scottish Government’s response to the UK Climate Change Committee's report will be published in the coming months.

The Scottish Government publicly consulted on developing an Aviation Strategy, based on the questions in the Discussion document to inform the development of an Aviation Strategy (transport.gov.scot) . Officials also held four stakeholder workshops to examine specific issues in more depth. The workshops included representatives from the aviation sector and environmental organisations.

Transport Scotland published the non-confidential consultation responses and an independent analysis of these responses and the stakeholder workshops (which also notes all participants): Aviation Strategy - Analysis of consultation responses | Transport Scotland

Due to Covid restrictions, the consultation noted was conducted online only between October 2021 and February 2022.

The Scottish Government’s response to the UK Climate Change Committee's report, including its recommendations on aviation, will be published in the coming months. Our new Aviation Statement clearly sets out the Scottish Government’s actions to support decarbonising aviation and Ministers’ intention to meet regularly with aviation stakeholders to discuss the progress made on reducing emissions. The Aviation Statement should be considered alongside the UK Government’s Jet Zero decarbonisation strategy, which applies across the UK.