Chamber and committees

To protect the most vulnerable, the Scottish Fire and Rescue Service (SFRS) will fit interlinked alarms into owner-occupied homes where the individuals or households are assessed as high risk through their Home Fire Safety Visit assessment process. As of 20 October 2021, SFRS have installed 9,363 linked smoke alarms, 3,506 linked heat alarms and 1,733 CO alarms. This is a total of 3,482 homes assisted to comply with the new standard.

The Scottish Government does not provide loans to home owners for the purpose of installing fire alarms that are compliant with the new standard. Local authorities have broad discretionary powers to provide assistance to home owners, in connection with work on private homes, including assistance by way of loans. Local authorities are best placed to determine what types of assistance are provided in their area, subject to local resources and priorities.

We recognise that some owners will have more difficulty, particularly with the option to fit alarms themselves, and we have provided £0.5 million additional funding for Care and Repair Scotland to provide help installing alarms for older and disabled home owners. We have also provided £1 million to the Scottish Fire and Rescue Service to provide alarms for owners who are considered most vulnerable to the risk of fire.

The pandemic has had a detrimental impact on people's finances, particularly those in low income households. Families who were already struggling before the pandemic have been pushed further into financial insecurity. For this reason, the Scottish Government has prioritised the financial security of low income families in its Covid Recovery Strategy.

Manageable debt is a normal part of many households’ financial management. The Scottish Government’s approach is to tackle problem debt in a supportive and empowering way. In 2021-22, the Scottish Government has allocated over £7 million from the debt advice levy to support frontline provision of free debt advice services for the people of Scotland. This advice is delivered face to face, over the phone or online.

In addition, the Scottish Legal Aid Board oversees over £2 million of funding on behalf of the Scottish Government, through projects that support people dealing with personal debt problems, including debt created by rent or mortgage arrears.

The Accountant in Bankruptcy administers Bankruptcy, Protected Trust Deeds and the Debt Arrangement Scheme, which provide statutory debt solutions to people struggling with their personal debt. In response to the pandemic, the Scottish Government made changes to personal insolvency to provide better support to people facing financial difficulties. A stakeholder led policy review of statutory debt solutions is underway with recommendations expected by the end of the year.

There are many other Scottish Government policies and funding streams that have an indirect but positive impact on problem debt, such as support for tenants struggling with rent arrears, the Council Tax Reduction Scheme and our wider support for low income households.

The draft section 8N in the Bill as published for consultation provides that, where a person has obtained ‘overseas gender recognition’ (as defined), the person is to be treated as if the person had been issued with a full gender recognition certificate by the Registrar General for Scotland. But this rule doesn’t apply if it would be manifestly contrary to public policy (for example, in a case where gender recognition was obtained overseas at a very young age).

Whether or not a public policy exception applies will depend on the facts and circumstances, and may in a disputed case be determined by the courts under new section 8P, which provides that a court may make an order determining the question, if the question arises in the course of civil proceedings before the court or on an application to the court by a person having an interest in it. This is set out in the draft explanatory notes to the Bill, which were published as part of the consultation on the draft Bill.

The £0.5 million funding has been granted to Care and Repair Scotland to provide assistance in the business year 2021-22. Information on the number of homes assisted will be collected, and will be available at the end of this period.

The Clyde 2020 initiative is currently considering their remit moving forward. As a sub-group of the Clyde Marine Planning Partnership, the partnership are drafting a proposal on how Clyde 2020 will evolve, contribute and support the Clyde marine planning process. It is anticipated that the Clyde 2020 group will play an important role in the future governance of the Clyde Marine Planning Partnership.

The Scottish Prison Service (SPS) has a Policy in place regarding the treatment of Trans Prisoners in custody. This Policy is in line with the Equality Act 2010. The SPS carry out comprehensive risk assessments to assess risks to both prisoners and staff in determining how individual transgender prisoners are managed. The 2010 Act is generally reserved to the UK Parliament. The Scottish Government’s intention is this Policy would continue to have effect under the provisions in the draft Gender Recognition Reform (Scotland) Bill.

The Scottish Government has provided a grant of £0.5 million to Care and Repair Scotland to support assistance for home owners with the installation of alarms to meet the new Scottish standard. Up to £400,000 of this grant may be used to purchase alarms, and up to £100,000 may be allocated to local offices for costs associated with fitting alarms.

There is existing provision on celebrants not contravening provisions on gender reassignment discrimination by refusing to solemnise a marriage if the celebrant reasonably believes the gender of the person getting married has become the acquired gender under the Gender Recognition Act 2004. This provision is contained in paragraph 25 of schedule 3 of the Equality Act 2010: Equality Act 2010 (legislation.gov.uk) which is generally reserved to the UK Parliament. The Scottish Government’s intention is this provision would continue to apply under the Gender Recognition Reform (Scotland) Bill.

Section 195 of the Equality Act 2010 sets out exceptions from the requirements of that Act in relation to sport. The 2010 Act is generally reserved to the UK Parliament, including section 195, so the exceptions in the section would continue unaffected by the proposed provisions in the Gender Recognition Reform (Scotland) Bill. The Scottish Government continues to support the rights and protections that women currently have under the Equality Act 2010, and the proposed reforms in the Gender Recognition Reform (Scotland) Bill do not affect this.

There is an explanatory note for section 195 that can be found here Equality Act 2010 - Explanatory Notes (legislation.gov.uk)