Chamber and committees

Mr Sweeney makes a number of serious and significant points. I am aware from some contacts that I have of the disruption to people’s lives that is still going on as a consequence of Trinity tower. Let me take away those issues and I will endeavour to ensure that the Government uses its available channels to encourage dialogue to resolve some of those questions.

I want to reassure Parliament that lessons have been learned and the actions that are arising out of the review will be implemented, and I want to make one final point, which is about the preventative interventions that we can make. One of the strongest is the management of power lines around the country, which Gillian Martin spoke about. I visited Gillian Martin’s constituency to look at the impact of the damage that was done by storm Arwen, given the proximity of forestry to power lines. In the community that I visited, it was not that one tree had to be removed to restore power to a particular settlement. A dozen separate incidents had to be resolved to secure power connections, which is why the restoration took so long. The power companies have to invest more heavily in removing forestry and foliage to protect power lines, so that they are not damaged by such incidents.

Of course, we will continue to face incidents of this type, given the severity of weather that we now experience. I assure Parliament of the Government’s determination to work in partnership with local resilience partnerships to address the issues. We will, of course, keep Parliament updated on the progress that is made in the months that lie ahead.

I congratulate Tess White on securing this debate on an important subject, which has consumed a large part of my energy and focus over the course of the winter months, given the gravity of storms Malik, Barra, Corrie and Arwen and the close succession in which they inflicted significant damage on our society.

In her contribution, Tess White made reference to some of the scenes. Those scenes were, frankly, of staggering horror in the damage that was done in communities such as Edzell, a village that I represented for many years. I was stunned by the images of the damage to the natural environment around Edzell. The scale of the impact in the example of that one community demonstrates the severity of what was being experienced. In relation to the impact of severe weather incidents, we are in a different situation today from the one that were in in the past. Generally, in my lifetime we have not seen weather incidents of this nature. The climate has been relatively benign, but in recent years we are seeing a significant shift in the climatic conditions.

That is why we have to take the actions that we have to take on net zero. Liam Kerr raises absolutely legitimate issues about some of the solutions that might be put in place, but I point out to him that if someone is using an oil-fired central heating system, they do not have much chance of using that if the electricity is off as well, because it will be reliant on electricity to fire the boiler.

The decision to make those changes to our testing policy was informed by the latest available evidence and advice from public health officials and clinicians, which included modelling of the epidemiological impact of the changes in testing policy. The Scottish Government continues to model the latest Covid-19 trends, and the results are published online in the “Coronavirus (COVID-19): modelling the epidemic” reports.

Alongside our evolving response to the pandemic, the Scottish Government’s Covid recovery strategy will continue to focus effort and resources on bringing about a fairer future, particularly for people who have been most impacted during the pandemic.

I assure Mr Rennie that while we have been addressing issues in connection with the specific points that the Supreme Court raised—which will be the subject of my statement to Parliament on Tuesday—we have also been undertaking preparatory work to implement the elements of the bill that were uncontested in the Supreme Court judgment. That work is under way. My statement will update Parliament on where we have reached in our consideration of the Supreme Court judgment.

With regard to the question on legislative competence, there is an obligation on ministers to ensure that that is the case and, accordingly, to introduce bills alongside the certificates that make that point.

With regard to incorporation of other treaties, as I indicated in my earlier answer, the Government’s work on that is under way; there will be consultation in the coming year and we will keep Parliament updated on specific timings. As we set out legislative programmes year by year, further details will become clear to members during parliamentary announcements.

In line with the ambitious recommendations from the national task force for human rights leadership, the Scottish Government has committed to introducing a world-leading human rights bill during the current session of Parliament, and we are on track to do that.

The programme for government set out that we would consult on the bill in the coming year. That consultation, and the bill itself, are being developed collaboratively with a wide range of partners and stakeholders from across Scotland. We will continue to provide updates to the Equalities, Human Rights and Civil Justice Committee on the bill’s progress and timings.

Vaccination remains a critical component in our response to Covid-19. Since its beginning, the Scottish Government’s Covid-19 vaccination programme has been guided by the expert advice that has been provided by the Joint Committee on Vaccination and Immunisation and senior clinicians.

In February this year, the JCVI advised that an autumn/winter booster programme for 2022 is likely to be recommended for people who are at higher risk of severe Covid-19, such as those of older age and those who are in clinical risk groups.

The JCVI will continue its review, and the Scottish Government understands that the committee is likely to make a further announcement with more precise details of timing and eligibility for the anticipated autumn/winter programme in the coming weeks. We stand ready to consider any further guidance from the JCVI as it is issued.

I assure Tess White that that will be the case. The Government commenced the review of storm Arwen when the clean-up was still under way, and we have published the outcomes of that. There was a slight delay because of the other storms that came along, but that has all been published. I think that the delay was only about 10 to 14 days. We published those outcomes and we are working with the Scottish resilience partnership and local resilience partnerships. I hear Alexander Burnett putting everything at the door of the Scottish Government—he is entitled to do so—but the Scottish Government cannot direct local resilience operations and it would be folly to think that we should be able to do that. Indeed, Aberdeenshire Council would vigorously resist that, because it wants to be delivering local resilience in its community. There has to be a partnership approach. I assure Mr Burnett that that is the case with the Scottish resilience partnership, which the Government leads, and local resilience partnerships.

At this stage, I am unable to give Stephanie Callaghan the reassurance that she—understandably and rightly—seeks. The Human Rights Act 1998 is embedded in the legislation that led to the establishment of this Parliament, and the powers of this Parliament and the way in which they are exercised are inextricably linked to the provisions of the 1998 act. The fact that the United Kingdom Government is now, in essence, going to replace that legislation raises all sorts of issues about consideration and handling of human rights issues, but it also raises the danger that the devolution settlement on which this Parliament is founded might be destabilised, as a consequence.

We do not yet know the answer to the question. We know, however, that new human rights legislation is emerging. Once the bill is published, we will scrutinise its contents very carefully in order to assess its full impact, and we will update Parliament.

I assure Stephanie Callaghan that the Scottish Government will resist any attempt, in any shape or form, to diminish the human rights that are entrenched in the Human Rights Act 1998, and which are linked to the foundation of this Parliament.

That is a slightly different issue from the one that I am making about power systems, because there are inherent vulnerabilities in all electricity-fired systems. We cannot escape that point in this debate.

There is a necessity for us to respond to significant weather incidents. Mr Sweeney raised the issue of Trinity tower, which of course raises a different element of the impact of significant and acute weather incidents. The issues that he highlighted raise questions about the resolution of different professional assessments of particular cases of that type. They are very difficult to legislate for and ultimately require dialogue, engagement and resolution, where—we hope—there is good will to reach points of agreement.

Of course, there are wider issues that arise from the matter. One of the common issues has been access to communications; Graeme Dey made the point about the significant dependence that society now has on digital connectivity. That is an important observation, and the power companies have to respond to that dependence by having in place better sources of information, and they have to advertise that information in advance of incidents, so that individuals are better prepared.