Chamber and committees

The Scottish Government’s proposal for Scotland is not “separation”, but independence, as stated in answer to question S4W-05459, on 5 March 2012. As paragraph 5.7 of the Scottish Government publication Europe and Foreign Affairs: Taking forward our National Conversation (September 2009) explains, “An independent Scotland would be recognised as a state in its own right by the international community and would become a full member of the United Nations and other international bodies, such as the Commonwealth, the World Health Organization, the Organisation for Economic Co-operation and Development and the World Trade Organization. Both in these arenas and generally it would be able to develop its own foreign policy to promote Scotland’s interests internationally, and engage with other states as an equal partner.”

All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx.

Decisions relating to benefit levels in an independent Scotland would be for the administration in power to take.

The Scottish Government's aim is to ensure that all members of staff are able to work in an environment that is free from bullying, harassment, discrimination and victimisation and to feel safe and secure either in the workplace, or during work-related activities. Our Fairness at Work policy makes clear that the Scottish Government, as an employer, will not tolerate behaviour considered to be unacceptable and that we will take all reasonably practicable steps to ensure that staff are able to work in a safe and non-threatening working environment. The policy makes specific reference to homophobic bullying and homophobic language. In addition the Scottish Government Staff Etiquette Guide sets out what is expected from staff when communicating with different groups of staff or stakeholders, including LGBT groups. In addition our two days diversity training course covers the legislation and behaviours expected in relation to LGBT groups. The course also includes a session with an LGBT lay speaker.

The Scottish Government recognise the early years and childcare workforce is predominately female with latest Scottish Social Services Council statistics showing 96% of the workforce in Day Care of Children are women. We are working with Men in Childcare to help redress this gender imbalance and part fund them to provide access to accredited training and targeted support to men interested in entering the early years and childcare profession. Men in Childcare also work with local government to provide advice and support for the recruitment and retention of more men into the workforce.

The Equalities Act 2010 places public bodies, including schools, under duties to proactively prevent discrimination related to protected characteristics including sexual orientation. This includes direct and indirect discrimination based on perception and based on association. This means that schools must work to prevent pupils being discriminated against due to their sexuality either directly or indirectly and they must work to prevent discrimination because someone is believed to be gay or is associated with someone who is gay, for example family members or friends. These comprehensive duties provide the broader context in which homophobic bullying should be challenged.

A toolkit for teachers, titled, Dealing with Homophobia and Homophobic Bullying in Scottish Schools was distributed to all secondary schools and local authorities in 2009. Funded by the Scottish Government and developed by LGBT Youth Scotland in partnership with Learning and Teaching Scotland (now Education Scotland) the toolkit is designed to support teachers in recognising, challenging, and effectively reducing homophobia and homophobic bullying in their schools.

In 2010, the Scottish Government published A National Approach to Anti-Bullying for Scotland’s Children and Young People. Developed in partnership with the Scottish Anti-Bullying Steering Group, the purpose of the National Approach is to communicate and promote a common vision and aims; and to make sure that work across all agencies and communities, including local authorities and schools, is consistently and coherently contributing to a holistic approach to anti-bullying to anti-bullying in Scotland.

The Scottish Government also funds the national anti-bullying service, respectme. Respectme work with all adults who have a role to play in the lives of children and young people and help to give those adults the practical skills and confidence to deal with bullying behaviour, wherever it occurs. They offer free training at events across Scotland and work with organisations at a local and strategic level, including local authorities and schools, to develop and review anti-bullying policies and practices.

The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012, which came into force on 27 May 2012, require listed public authorities to take steps to gather information on the composition of their employees and on the recruitment, development and retention of employees. This includes taking steps to gather information with respect to the relevant protected characteristics, including sexual orientation and gender reassignment, of employees. Authorities must then use the information gathered to better perform the public sector equality duty and report on the progress they are making. These Regulations therefore encourage most public sector employers to tackle discrimination and bullying against lesbian, gay, bisexual and transgender employees.

In addition, we are providing funding to Stonewall Scotland for their Good Practice Project which works with public employers to provide practical and targeted support to achieve LGBT equality in the workplace.

NHS Education for Scotland (NES) has worked with Stonewall Scotland to ensure that the needs of all lesbian, gay, bisexual and transgender (LGBT) communities are considered in the development and provision of training and education for NHSScotland. Part of this work saw the development of ‘Good LGBT Practice in the NHS’ and an associated training programme that aimed to support the NHS to develop this good practice across their service areas. In addition NES has developed a CD rom based resource “Addressing LGBT Health Inequalities”.

An innovative pilot programme on assessing cultural competence of trainees in Dentistry explicitly addressed homophobia in the assessment. NES are currently exploring options to build on this work to embed a sustainable approach to assessing cultural competence in vocational training. In addition, NES will be participating in the public sector good practice programme and are developing a bank of case studies and scenarios for use in education and training.

Any individual who feels they have suffered from discrimination in their healthcare can express their right to make a formal complaint under the NHS Complaints Procedure.

I have asked Colin McConnell, Chief Executive of the Scottish Prison Service, to respond. His response is as follows:

The Prisons and Young Offenders Institutions (Scotland) Rules 2011 set out the minimum statutory provision for visits. The rules provide various punishments which may be imposed when a prisoner is found guilty of a breach of discipline and do not include the withdrawal of the right to visits by any person of the prisoner’s choice, including a visit by a child.

The prison rules do not provide for bonding visits however some prisons have set aside specific visiting times for children. These visits can form part of the minimum entitlement or can be additional visits provided as part of an incentive scheme and are a privilege. Where they are provided as part of an incentive scheme and are a privilege they may be removed, for example, should the prisoner be found guilty of a disciplinary offence. The minimum entitlement to visits by any person of the prisoner’s choice, including a visit by a child, is unaffected.