Chamber and committees

Mairi Gougeon: The transfer test will provide an opportunity for Scottish Ministers to consider potential transfers of landholdings over 1000 hectares. Potentially, this could lead to some landholdings being lotted into smaller parts, if that may help local communities.

In setting the appropriate thresholds for these proposals, I have considered both the policy aims of the proposals and the risk of disproportionate impacts following from these additional requirements, particularly in relation to smaller businesses.

The size threshold for the transfer test requires to be set at a level at which there could plausibly be concentration of landownership in the relevant area with impacts on land availability and supply. When land is transferred at scale this can restrict who can purchase land due to the size and value. This can contribute to the supply of land being insufficient in particular areas, which can be detrimental to the sustainability of those communities.

The Scottish Land Commission, in its discussion paper on Legislative proposals to address the impact of Scotland’s concentration of land ownership, said that when considering at what scale of landholding for transfer such a test should apply to, suggested that “the aim should be to establish a threshold that would ensure that family farms and small businesses would not fall in scope, but that modest estates that could pose risks would. It may be reasonable to expect that, for example, holdings over 10,000ha would always be in scope, while those under 1,000ha would always be exempt.”

This advice has been taken into account, alongside other Scottish Land Commission research, data on land transactions and land ownership in Scotland, the consultation on the Bill and stakeholder engagement, in determining the 1000-hectare size threshold for this proposal.

Within the context of the challenging budget position for 2024-25, achieving a balanced budget requires difficult decisions and robust spending control. Discussions are ongoing to work through priorities and finalise funding allocations within budget lines, including the Strengthening Communities Programme (SCP). Funding is being released as decisions are taken so ensuring that activity can proceed in agreed areas as soon as possible whilst this review continues.

However, in response to ongoing discussions with Development Trusts Association Scotland (DTAS) and other SCP partners, the release of funds to support April salaries costs is being processed for the community organisations supported by DTAS. Officials are in regular communication with DTAS and the other SCP delivery partners on this issue.

The Scottish Government fully appreciates the hard work and dedication of partners in Scotland around delivering employability services which support a reduction in child poverty levels and support those facing structural barriers to enter into and sustain employment. Discussions are continuing to finalise allocations, with funding being released as decisions are taken to ensure activities in agreed areas can proceed as soon as possible.

The Police and Fire Reform (Scotland) Act 2012 stipulates that the Chief Constable of Police Scotland is responsible for the policing of Scotland and is accountable to the Scottish Police Authority for this, rather than to Scottish Ministers directly.

Decisions about when to issue Recorded Police Warning’s (RPWs) are an independent operational matter for Police Scotland and the offence types covered by Recorded Police Warnings (RPWs) are a matter for the Lord Advocate as part of her independent role as head of Scotland’s system of prosecution. Police Scotland's Direct Measures Standard Operating Procedure (SOP) sets out a standard and instruction where an officer dealing with an incident may issue a RPW, where he or she has reason to believe that the person has committed one of the relevant offences and meets the necessary criteria.

As such, the Scottish Government has not sought a full list of criminal offences that can be disposed of by way of a RPW from (a) the Crown Office and Procurator Fiscal Service or (b) Police Scotland.

The Scottish Government absolutely recognises the serious damage which violence against woman and girls causes to individuals and society, as evidenced through the aims of our Equally Safe Strategy and its delivery mechanisms.

As I have outlined in my recent letter to Ms Gosal, I would welcome the opportunity to meet with you to discuss this area alongside your policy paper which outlines this particular ask in the context of Police Scotland.

We welcomed Poppyscotland’s Credit Their Service campaign last summer and acknowledge the two primary areas of concern highlighted in it. The first of these, Pension Credits, is reserved to the UK Government and the Scottish Government is therefore unable to intervene on this issue. However, we are in regular discussions with the UK Government on a range of related topics and have made them aware of the issues raised by Poppyscotland. We understand that officials from The Department for Work and Pensions (DWP) met with Royal British Legion, Poppyscotland's sister organisation to discuss this.

The benefits administered by Local Authorities that are referenced by the campaign are Council Tax Support, Discretionary Housing Payment and the Scottish Welfare Fund. The Scottish Government recently published an Action Plan outlining improvements to the Scottish Welfare Fund which will be delivered in partnership with Local Authorities. Officials are working to update the statutory guidance and improve the Fund’s administration, accessibility and experience.

Discretionary Housing Payment (DHP) as a Local Authority benefit is administered by Local Authorities, who consider the circumstances of each individual case when dealing with applications. However, to receive DHP, an individual must be in receipt of either the housing element of Universal Credit or Housing Benefit. As both of these remain reserved to the UK Government, neither the Scottish Government nor Local Authorities have any powers over how they are administered.

With regards to Council Tax support, the Council Tax Reduction Regulations already instruct that Armed Forces independence payments should be fully disregarded as income in the calculation of council tax reduction in both the pension age and working age schemes. Therefore, all Local Authorities should disregard these payments as income in relation to applications for Council Tax reduction. The Scottish Government continues to keep the Council Tax Reduction regulations under review.

As outlined in my response to S6W-27647 on 31 May 2024, and in my recent letter to Ms Gosal, I would welcome the opportunity to meet with you to discuss further alongside your policy paper which outlines this particular ask. 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 .

As outlined in my response to S6W-27647 on 31 May 2024, and in my recent letter to Ms Gosal, I would welcome the opportunity to meet with you to discuss further alongside your policy paper which outlines this particular ask. 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 .

As outlined in my response to S6W-27647 on 31 May 2024, and in my recent letter to Ms Gosal, I would welcome the opportunity to meet with you to discuss further alongside your policy paper which outlines this particular ask. 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 .

Caledonian Service funding to local authorities is paid through the Section 27 funding for Justice Services (the Men’s Programme) with additional monies for the Women and Children’s Service paid out under separate funding powers.

The following table shows Section 27 funding in previous years: