Chamber and committees

Legal aid applications are prepared by an applicant’s solicitor, who provides all the details of the case to the Scottish Legal Aid Board (SLAB). Solicitors have professional duties not only to their client, but to SLAB and to the court; therefore it would not be professionally appropriate for a solicitor to submit an application for legal aid if they were of the view that a client’s case was “spurious”.

Legal aid is granted only if the applicant meets the strict eligibility criteria set out in legislation, which apply to all civil cases, including family law matters. This includes the merits of a case. Applicants need to demonstrate that they have a sound legal basis for their case, and that it is reasonable for legal aid to be made available. When looking at the reasonableness test, The Scottish Legal Aid Board (SLAB) considers a range of factors including whether the application is premature and whether there are reasonable prospects of success. If the criteria are not met then legal aid will be refused.

Opponents will generally be notified when an application for legal aid is submitted and have the opportunity to make representations to SLAB prior to legal aid being granted. Opponents can also provide any additional information which may affect the merits of the case during its lifetime after legal aid has been granted and does not require legal representation.

The Scottish Government recognises the vital importance of 4G for remote rural and island communities. Mobile telephony is however, as with wider Telecommunications policy, a Reserved subject area and the responsibility of the UK Government. The installation of alternative power supplies at mobile sites is a decision made by each operator.

The Scottish Government work closely with the UK government and operators to ensure that increasing resilience of the telecoms network in Scotland is a priority.

The Scottish Government is currently working closely with Building Digital UK (BDUK) to develop our understanding of what Project Gigabit means for Scotland. To date, Project Gigabit has primarily focussed on England with the procurement approach developed for the supplier market there. We want to be sure that any approach works in a Scottish context and is tailored to extend future-proofed digital connectivity across the country.

We hope to publish a Gigabit Open Market Review in the coming weeks which will inform any future gigabit procurement strategy for Scotland. We want to ensure that Scotland receives a fair share of Project Gigabit funding and support – a share commensurate with the scale of the challenge we face.

There is no distinction between objectives and deliverables of the £500 million Just Transition Fund for year one, and the £20 million allocation for year one.

Detailed policy design work and implementation planning, supplemented by a programme of engagement, is underway ahead of the new financial year. This will inform the objectives and deliverables of the Just Transition Fund. Further updates will be shared as this engagement develops. We will work collaboratively, continuing to engage and co-design this Fund with partners in region throughout the lifetime of this ten-year £500 million commitment to the North East and Moray.

The ‘technical solution’ referred to will not impact on our commitment to doubling Scottish Child Payment. This increase, forecast to benefit 111,000 children under age 6 this year, is included within the annual uprating regulations that will come into effect on 1 April.

Separately we have committed to extending Scottish Child Payment to 220,000 older children - aged 6-15 - by the end of this year when it is expected around 430,000 children living in low income households could be eligible. Our initial analysis suggests that this payment when fully rolled out, could lift 40,000 children out of poverty, reducing overall child poverty by an estimated 4 percentage points in 2023-24.

In order to extend Scottish Child Payments to 6-15 year olds it is essential that the UK Government provide us with the data we need in order to establish eligibility for the Payment.

The strong preference of the Scottish Government has consistently been to extend the existing interfaces, which are currently in place to support delivery of the Scottish Child Payment for under 6s. The DWP’s position is that, in contrast to delivery of Child Disability payment and Adult Disability Payment where the ongoing use of existing interfaces has been authorised, the extension of Scottish Child Payment to under 16s should be built to align with their new strategic solution. This carries a higher degree of risk to our delivery timeline, as the DWP’s new strategic solution is still in the design phase, but we have joint mechanisms in place to monitor and track that risk.

I refer the member to the answer to question S6W-05691 on 9 February 2022. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers .

I have received a response from Chloe Smith, the Minister for Disabled People, Health and Work, to my letter of 5 January 2022 on the delivery of the roll-out of the extension of Scottish Child Payment to 6-15 year olds. That response confirms the Department for Work and Pensions’ commitment to “an agreed approach to the provision of the data which supports [the Scottish Government’s] proposed delivery timeline”.

That timeline is that the extension of Scottish Child Payment to 6-15 year olds will begin from the end of 2022.

The strong preference of the Scottish Government has consistently been to extend the existing interfaces, which are currently in place to support delivery of the Scottish Child Payment for under 6s, but the DWP’s position is that we should build to align with their new strategic solution. This carries a higher degree of risk to our delivery timeline, as the DWP’s new strategic solution is still in the design phase, but we have an agreed joint plan in place to monitor and track that risk.

Our officials continue to work closely to ensure the implementation of the required technical approach and Ministers will meet in due course to review progress.

I refer the member to the question S6W-05690 answered on 9 February 2022. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers .

I refer the member to the question S6W-05691 on 9 February 2022. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers .

While the Scottish Government has not met or corresponded with UK Government on this question specifically, we meet and correspond with UKG regularly about funding in general. Over the course of the pandemic we have worked closely with the self-catering accommodation sector and Scottish Tourism Alliance on the recovery and support for the sector and we will continue to do so.

The Scottish Government recognises that the self-catering accommodation sector, alongside many other businesses across Scotland has been adversely affected by Covid-19. In addition to the regular Strategic Framework Business Fund which previously supported small accommodation providers, a range of tailored support to meet the needs of tourism businesses was developed. This included the Small Accommodation Providers Paying Council Tax Fund (SAP-CTF) which eligible Bed & Breakfasts, Guesthouses, small serviced accommodation providers and other self-catering businesses that paid council tax were able to access. Other targeted funds included the large self-catering grant and support for the B&B sector via a fund of up to £3 million to support those B&Bs with no business bank account. Equivalent tailored funds have not generally been available in England.

We will continue to engage in dialogue with the UK Government on issues of funding and to monitor the impacts of COVID on Scotland’s tourist industry.