Chamber and committees

The Scottish Government are fully committed to maintaining life line ferry services across the Clyde and Hebrides Ferry Services (CHFS) network. When periods of inclement weather are anticipated CalMac will seek to try and flex the scheduled ferry service timetable to provide sailings in advance of, or following any disruption to the timetabled services, to try and minimise the impact on communities.

Transport Scotland (TS) have weekly discussions with CalMac Ferries to identify where improvements can be made to enhance the resilience of the services across the Clyde and Hebrides Ferry Service (CHFS) which includes those services to the Western Isles. This includes searching for opportunities to charter additional tonnage for the fleet.

Ministers are pleased that following successful berthing trials the MV Arrow has been chartered. This will bring additional capacity on the Ullapool – Stornoway service by allowing CalMac to free up the MV Loch Seaforth to let more passengers and their vehicles travel. It will also increase freight capacity.

Challenging behaviour is often the result of extreme frustrations in communication and Scottish Government recognises the challenges this brings for everyone. Scottish Government, together with the Scottish Commission for People with a Learning Disability, established the Positive Behaviour Support (PBS) Community of Practice to embed the principles of PBS nationally and locally.

Alongside this, Scottish Government funded the Positive Behaviour Support (PBS) Postgraduate Certificate which is currently being delivered to a range of practitioners across Scotland to improve specialist skills locally, for the benefit of individuals and families.

Parallel to this is the work of the Scottish Network for Reduction of Restrictive Practices (SNRRP) in recognition of the fact that the use of restrictive practices with people who have been identified as vulnerable in Scotland, including children, adults, and older adults is a significant concern. The aim of the SNRRP is to eliminate the misuse of restrictive practices in Scotland and to ensure that where these are used, they are done so safely, with respect for people’s human rights, and in a culture of openness and transparency. The network also exists to promote the use of positive alternative approaches to the use of restrictive practices.

The Scottish Government is undertaking a range of action to support local authorities to promote positive relationships and behaviour in schools. This includes investment in various violence reduction preventative approaches with young people across Scotland, which take place locally through schools or the local community, curricular learning on positive relationships and support for a whole school approach to promoting positive relationships and behaviour.

Since 2011 the Scottish Government and COSLA have been jointly responsible for the national Scottish Strategy for Autism to ensure people live healthier lives, enjoy choice and control over the services they use, and are supported to be independent and active citizens.

In March 2021, Scottish Government and COSLA jointly published the “Towards Transformation” plan which reiterates our commitment to collaborate with delivery partners (including local authorities, the third sector and autistic led organisations) to reduce the inequalities experienced by autistic people.

The Scottish Government and COSLA are working with stakeholders, including HSCPs, Local Authorities, and people with lived experience on a new leadership structure to tackle the issues that people with learning disabilities and autistic people face. This new structure has lived experience at its heart.

Officials also regularly attend the Social Work Scotland Learning Disability and Autism sub group to engage with local learning disability and autism leads to share learning related to the Learning Disability and Autism strategies and to hear about local work.

The Evaluation of the Scottish Strategy for Autism has been completed. The report is being finalised and is expected to be published soon.

Transport Scotland and the Department for Transport (DfT) are continuing to engage regularly to align their work to enable a shared understanding of the cross border benefits and challenges of options to extend Borders Rail to Carlisle. As committed to within the £350 million Borderlands Inclusive Growth Deal, the Scottish Government, through Transport Scotland, is progressing the evidence base for extending the Borders Railway through the second Strategic Transport Projects Review. Alongside this, the UK Government’s Department for Transport is progressing complementary work with a wider UK perspective.

Consideration of potential improvements to strategic transport infrastructure across the whole of Scotland continues to be undertaken through the second Strategic Transport Projects Review (STPR2). This work addresses the Scottish Government’s commitment within the Borderlands Inclusive Growth Deal, for Transport Scotland to progress the evidence base for extending the Borders Railway, as well as considering the case for all other potential strategic transport improvements for the area.

STPR2 will create the evidence basis for future transport investment decisions by the Scottish Government for the next 20 years. It will conclude later this year, with publication of recommendations for investment and an appropriate statutory consultation period.

We held a number of meetings with a range of stakeholders during the parliamentary passage of the Children (Scotland) Act 2020 (the 2020 Act), which gained Royal Assent on 1 October 2020. This included Grandparents Apart UK and Shared Parenting Scotland who provide support to those seeking contact with their grandchildren.

Section 11ZA(3)(f) of the Children (Scotland) Act 1995 (the 1995 Act), as inserted by section 16 of the 2020 Act, introduces additional factors for the court to consider before making an order under section 11 of the 1995 Act. The 1995 Act is the key legislation on parental responsibilities and rights, contact and residence. This includes that the court must consider the effect that an order might have on the child’s important relationships with other people, which could include grandparents.

We have also engaged with Shared Parenting Scotland and Grandparents Apart UK during the Covid-19 pandemic.

The Scottish Government appreciates that grandparents can often play an important and valuable role in a child’s life. Grandparents can currently apply to the court for contact rights. A decision will be made taking account of the child’s views and according to the best interests of the child.

The Scottish Government consulted in 2018 on the review of Part 1 of the Children (Scotland) Act 1995 (the 1995 Act). The consultation sought views on whether there should be a presumption in law that grandchildren benefit from contact with their grandparents. Page 56 of the Family Justice Modernisation Strategy which was published on 3 September 2019 sets out why the Scottish Government did not proceed to introduce a presumption that grandchildren benefit from contact with their grandparents. This is available at:

Family Justice Modernisation Strategy (www.gov.scot)

As a result of the consultation the Scottish Government included in the Bill for the Children (Scotland) Act 2020 an amendment to the 1995 Act inserting section 11ZA(3)(f) which will require the court to have regard to the effect that the order they are deciding whether or not to make might have on the child’s important relationships with other people. This could include grandparents.

Section 11ZA of the 1995 Act is not yet in force as implementation is reliant upon the register of child welfare reporters being established. The Scottish Government has consulted on the register of child welfare reporters and plans to lay regulations in spring 2022 on the register. Once the regulations are in force there would need to be a lead in time for the register to be fully operational. Our indicative timetable for this is April 2023.

The Scottish Government is satisfied that no further change is required to the legislation in relation to the rights for grandparents to access their grandchildren. The Scottish Government appreciates that grandparents can often play an important and valuable role in a child’s life. Grandparents can currently apply to the court for contact rights. A decision will be made taking account of the child’s views and according to the best interests of the child.

Section 11ZA(3)(f) of the Children (Scotland) Act 1995 (the 1995 Act) as inserted by the Children (Scotland) Act 2020 will require the court to have regard to the effect that the order they are deciding whether or not to make might have on the child’s important relationships with other people. This could include grandparents.

Section 11ZA of the 1995 Act is not yet in force as implementation is reliant upon the register of child welfare reporters being established. The Scottish Government has consulted on the register of child welfare reporters and plans to lay regulations in spring 2022 on the register. Once the regulations are in force there would need to be a lead in time for the register to be fully operational. Our indicative timetable for this is April 2023.