Chamber and committees

The Scottish Government’s Delivery Support Plan for Providers, published on 19 December 2018, set out how we will ensure providers, including childminders, are supported through the transition to 2020. This includes the following measures which aim to support private and third sector providers with recruitment and retention:

• Funding COSLA to open up the myjobscotland public sector recruitment site for private and third sector ELC providers to post jobs on in the period up to 2020
• Confirmation that the funding agreement with COSLA will enable all childcare workers delivering the funded entitlement to be paid at least the real Living Wage from 2020
• The provision of targeted advice and support to providers to help them to implement Fair Work practices and to deliver the real Living Wage commitment

We are also implementing a number of measures to support the recruitment and training of the additional staff required to deliver the 1140 hours expansion overall, including: 

• Continuing our national recruitment campaign targeting school leavers and older career changers
• Working with the Scottish Funding Council and Skills Development Scotland to create additional capacity in the college and work-based learning sectors to train the additional staff required for 2020
• Funding CEMVO to disseminate our national campaign messaging to ethnic minority communities, to broaden out the talent pool and diversify the sector.

In relation to retention issues in the partner provider sector: we would expect local authorities to consider the impact of recruitment exercises on their funded partners and recruit appropriately, and we know local authorities are considering the potential disruption to funded private and third sector providers when recruiting additional staff for the expansion of ELC. Indeed, many are recruiting from other areas, such as other Council services, to minimise their impact on private/third sector providers.

Guidance was published on 29 April 2019 - Funding Follows the Child and the National Standard for Early Learning and Childcare Providers: Guidance for Setting Sustainable Rates from August 2020 – to support local authorities to set sustainable rates for providers in the private and third sector, including childminders, delivering the funded early learning and childcare entitlement.

The guidance, which was developed by Scotland Excel on behalf of the Scottish Government and COSLA, sets out the overarching principles and points that should be taken into account by all local authorities when establishing sustainable rates. One of the principles, as set out in Section 2 of the guidance document, is that Local authorities and funded providers should work together to be as transparent and open as commercially reasonable when discussing rates and costs .

The guidance is available from: https://www.gov.scot/publications/funding-follows-child-national-standard-early-learning-childcare-providers-guidance-setting-sustainable-rates-august-2020/ .

The uncertainty relating to Brexit is impacting key economic indicators for Scotland with business and consumer sentiment surveys reporting notable falls in confidence.

The Scottish Government assesses consumer confidence through its Consumer Sentiment Indicator. The indicator is at its lowest reading since the series began in 2013 and has been negative since quarter 3 2016. In their latest forecasts, the SFC highlight that Brexit is likely to be a significant driver of this declining consumer confidence.

The Scottish Government does not hold comparable statistics on consumer confidence in Scotland and London. However, the latest OECD leading indicators data shows that consumer confidence has also fallen in the UK.

Forecasting VAT receipts is the responsibility of the Scottish Fiscal Commission.

This is a stressful time for all who are affected by the collapse of London Capital and Finance (LC&F). The regulation of financial services, including the services your constituent has highlighted, is a reserved matter to the UK Government. Consequently, Scottish Ministers are unable to intervene in the practices employed by financial services companies or in individual complaints.

The Financial Conduct Authority (FCA) has agreed with HM Treasury that there should be an investigation by an independent person into the issues raised by the failure of LC&F and whether the existing regulatory system adequately protects retail purchasers of mini-bonds from unacceptable levels of harm.

The FSCS is working closely with the administrators and the FCA to try to establish whether LC&F might have carried out any other regulated activity for which they could compensate customers. The FSCS investigation is focusing on whether there was any regulated advising, arranging or other activities that may trigger compensation.

The Scottish Government has not undertaken any new assessment of the impact of the most recent salmon and sea trout catch statistics. Our most recent assessment comes from a report by economic consultants PACEC, commissioned in 2015 and published in March 2017. This can be found at https://www2.gov.scot/Resource/0051/00514801.pdf .

Separately, Scottish Enterprise is currently leading a study with the Tweed, Spey, Tay and Dee rivers to look at both the impact of the decline in salmon numbers and the opportunities that there might be to develop the total fishing offer for the future. I understand this work is progressing well and look forward to seeing the outcomes later in the summer.

The Guidance on the presumption to provide education in a mainstream setting was informed by a wide range of information and evidence including the Not Included, Not Engaged and Not Involved report. The guidance takes account of the matters raised in the report, and these are framed within the advice and guidance to schools and education authorities in relation to the implementation of the presumption to mainstream education. The document therefore focusses on the legislative and practice requirements, for pupils with additional support needs and particularly highlights the need to focus on the individual needs of pupils. This is consistent with the recommendations of the Not Included, Not Engaged and Not Involved report.

In addition, and as part of our wider response to the Not Included, Not Engaged and Not Involved report the Scottish Government has convened a short life working group to consider Autism in schools. The group includes a wide range of stakeholders and the conclusions of the group will be made public in due course.

The Scottish Government has carried out a considerable amount of work on mobile home issues since 2012. The Mobile Homes Act 1983 (Amendment of Schedule 1) (Scotland) Order 2013 significantly enhanced the protection of mobile home residents in Scotland. As part of this work we conducted a full public consultation which included consideration of the commission rate and the decision was taken for it to remain at up to 10%. The key objective of the order was to provide better protection for site residents while ensuring the viability of privately owned sites. There are no plans to review the commission rate again.

A new site licensing regime for sites with permanent residents, set out in Part 5 of the Housing (Scotland) Act 2014 was introduced on 1 May 2017. The new system puts in place a robust licensing regime which provides a range of measures to improve standards and further protect residents. This includes the introduction of a fit and proper person test for the licence applicant and anyone involved in the day to day management of a site. All existing licence holders were required to apply for a licence under the new system by May 2019.

As set out in paragraph 169 of the Scottish Planning Policy, it is for the relevant planning authority, before determining any application, to consider the need for conditions relating to the decommissioning of developments, including ancillary infrastructure, and site restoration, and to secure any financial guarantees where appropriate to cover all site restoration and aftercare.

The Scottish Government did not take “action against Ineos and Reach Coal Seam Gas” as has been asserted in the Member’s question.

However, on 09 January 2018 INEOS Upstream Ltd and Reach Coal Seam Gas Ltd announced their decision to seek a judicial review of the Scottish Government’s preferred policy position of not supporting unconventional oil and gas development in Scotland. On 19 June 2018, the Court of Session rejected their petition against Scottish Ministers.

The Scottish Government does not hold information relating to the staffing costs of this specific legal case. Civil servants do not record the proportion of their time that they spend working on particular matters as a matter of course. Dealing with this case was part of the normal range of duties undertaken by a range of civil servants across the Scottish Government. It is therefore not possible to say what the internal staffing costs for dealing with any particular matter is.

I can confirm that the fees paid to external legal counsel came to the total of £173,928. Court fees came to £1,200. All figures include VAT.