Chamber and committees

The Environmental Protection (Single-use Plastic Products) (Scotland) Regulations 2021 do not include a power to seize single use plastic items. They do, however, allow the taking of samples of articles or substances found in any premises that the enforcement officer enters. These samples, which could include single use plastic items, can then be retained for the purposes of examination and testing and to be used in evidence in any proceedings for an offence under the Regulations. Information on any samples taken and retained may be available from the enforcement authorities.

The Force Majeure/Exceptional Circumstance (FM/EC) provision is one that has existed for a number of years and if a business has been unable to comply with the rules of a scheme because of FM/EC, they may retain the right to aid in respect of the claim. To qualify, a business must notify the Scottish Government Rural Payments and Inspections Division (SGRPID) in writing of the FM/EC event along with relevant evidence from the date they are in a position to do so.

The FM/EC provision applies on a case by case basis, and decisions are taken on the basis of relevant evidence provided. The way on which the Scottish Government continue to approach cases relies on the approach set out by legislation.

Examples of force majeure or exceptional circumstances are:

1.the death of the farmer

2.the long-term professional incapacity of the farmer

3.a severe natural disaster gravely affecting the holding's agricultural land

4.the accidental destruction of livestock buildings on the holding

5.an epizootic affecting part of or all of the farmer’s livestock (for example, Foot and Mouth Disease)

This is not an exhaustive list and animal health concerns, weather conditions, bull failure or transport issues may also qualify as FM/EC. These are only examples and they are not, by themselves, sufficient to qualify as FM/EC and the applicant would still need to provide evidence in support of these events that demonstrate that calving performance has been impacted by comparison to previous years.

In August 2024, the Scottish Government posted a Frequently Asked Questions (FAQ) Scottish Suckler Beef Support Scheme (Mainland and Islands) to support the industry with information on the new calving interval condition being introduced to the Scottish Suckler Beef Support Scheme (SSBSS) from 2025. The FAQ includes detail of the FM/EC provision in the context of the SSBSS calving interval condition, including the type of evidence that would be required to support a request for it to be applied.

The Scottish Government’s Drink and Drug-Driving campaign runs from the 2 December 2024 to 13 January 2025. It covers radio, digital, out of home billboards in urban areas where audience can be reached prior to drinking or taking drugs, tactical outdoor sites, including posters and beermats in pubs and clubs targeting the audience in environments where they may be considering driving home under the influence. Sub-targeting of drivers living in the most deprived areas has been factored into plans and will be achieved through digital media postcode targeting.

All campaign materials will signpost to the roadsafety.scot website, which will support behaviour change by including further information on drug and drink-driving penalties, legal alcohol limits and roadside drug testing. PR and partnership activity and a campaign toolkit is available for partners which outlines details of the campaign and key messaging alongside shareable assets.

The effectiveness of the campaign will be evaluated and this work is undertaken by independent research agencies and seeks to track shifts in the target audiences’ attitudes and behaviours as a result of campaign exposure.

No work has been undertaken to consider permanently replacing the M8 Woodside Viaducts with a surface level dual carriageway. Therefore, it is not possible to determine what the design and estimated capital cost of such an option would be, the practicalities of funding it or making a comparison with the costs for maintaining the existing viaducts.

Transport Scotland are currently undertaking a tender competition to appoint technical advisors to determine the most appropriate permanent solution for the M8 Woodside Viaducts including the next steps for procuring the works. Once undertaken, the works will provide greater resilience for these structures.

Tier 3 and Tier 4 services are those secondary and specialist mental health services - including Community Mental Health Teams, Adult Acute Psychiatry, and specialist Perinatal Mental Health care, that usually require a referral from a GP or other health care professional. All mental health scheduled and planned care services manage access in some way for example by using waiting lists – including access to Psychological Therapies teams or CAMHS services. In all cases patients are triaged and urgent cases are seen as a priority.

Improving access to Mental Health services is a priority for Scottish Government and whilst we recognise the ongoing pressures facing the NHS, long waits are unacceptable we remain committed to supporting all Boards to achieve the standard that 90% of patents start treatment within 18 weeks of referral in CAMHS and PT.

We are also working with NHS Boards and National Partners to improve Mental Health Unscheduled Care pathways to ensure that anyone requiring urgent and unplanned support is able to get the right care, in the right place, the first time regardless of when or how they access care. This is facilitated by NHS 24’s Mental Health Hub which is accessible through the 111 service and provides a 24/7 compassionate service to anyone in distress or requiring mental health and wellbeing support. Should the Hub determine that further urgent assessment or urgent referral to local services is required, they will refer the person to a mental health clinician within their relevant Board. Each Health Board is now providing access to a mental health unscheduled care clinician 24 hours a day, 7 days a week.

There is no business requirement for officials to record the time spent on specific tasks or their work more generally. These are completed as part of normal duties, along with other tasks appropriate to roles as civil servants. As such, the Civil Service does not assess or hold costing estimates with regards to the development of policy proposals.

The Scottish Government continues to work with UK Government and the Welsh Government on the regulation of biocides, including rodenticides, under the GB Biocidal Products Regulation. A Government Oversight Group, that includes Scottish Government representation, oversees the Campaign for Responsible Rodenticide Use (CRRU) and scrutinises the performance of its UK Rodenticide Stewardship Scheme (RSS).

The RSS is being updated firstly to ban the use of the two remaining second generation anticoagulant rodenticides (SGARs) that are available for open area use from the end of this year. This is also intended to reduce accidental or deliberate misuse of other products including Brodifacoum in open areas. Secondly, training requirements for the farming sector are being brought in line with other sectors from end 2025 to ensure a consistent level of professional training across all sectors and reduce the risk of poor practice. Further changes to the RSS will be considered and implemented if necessary to continue to address SGARs residue levels in wildlife.

Once the plans have been implemented, the improved staff visibility and ScotRail having the ability to deploy staff more flexibly will not only improve the feeling of safety for all passengers, including women and girls, but also maintain an environment, which deters any potential anti-social behaviour.

Additional Travel Safe Teams will be on hand to support a welcoming rail environment and provide a better journey.

ScotRail has also invested £1.6 million- to triple the number of body-worn cameras and hired more staff for late-night trains in problem areas.

The development of the National Marine Plan 2 (NMP2) is supported by an extensive programme of engagement as detailed in the Statement of Public Participation and Stakeholder Engagement Strategy.

Consultation on a Planning Position Statement (PPS) for NMP2 is currently open until 28 January 2025. The PPS was developed following 14 marine sector workshops held in 2024. Consultation on the PPS was supported through discussion at the National Marine Planning Forum, held 13 November 2024, with over 100 delegates from marine sectors, academia and government.

The NMP2 will be constructed using a robust and transparent evidence base informing the plan and its statutory Sustainability Appraisal, which encompasses environmental and socio-economic impact assessments. The primary evidence base for the strategic environmental assessment (SEA) is Scotland’s Marine Assessment 2020 (“SMA2020”).

The assessments are being supported by a steering group of relevant national organisations, who provide guidance and advice on additional relevant datasets. The assessments will form part of the public consultation on the draft NMP2, planned for Winter 2025.

The Force Majeure/Exceptional Circumstance (FM/EC) provision is one that has existed for a number of years and if a business has been unable to comply with the rules of a scheme because of FM/EC, they may retain the right to aid in respect of the claim. To qualify, a business must notify the Scottish Government Rural Payments and Inspections Division (SGRPID) in writing of the FM/EC event along with relevant evidence from the date they are in a position to do so.

The FM/EC provision applies on a case by case basis, and decisions are taken on the basis of relevant evidence provided. The way on which the Scottish Government continue to approach cases relies on the approach set out by legislation.

Examples of force majeure or exceptional circumstances are:

a. the death of the farmer

b. the long-term professional incapacity of the farmer

c. a severe natural disaster gravely affecting the holding's agricultural land

d. the accidental destruction of livestock buildings on the holding

e. an epizootic affecting part of or all of the farmer’s livestock (for example, Foot and Mouth Disease)

This is not an exhaustive list and animal health concerns, weather conditions, bull failure or transport issues may also qualify as FM/EC. These are only examples and they are not, by themselves, sufficient to qualify as FM/EC and the applicant would still need to provide evidence in support of these events that demonstrate that calving performance has been impacted by comparison to previous years.

In August 2024, the Scottish Government posted a Frequently Asked Questions (FAQ) Scottish Suckler Beef Support Scheme (Mainland and Islands) to support the industry with information on the new calving interval condition being introduced to the Scottish Suckler Beef Support Scheme (SSBSS) from 2025. The FAQ includes detail of the FM/EC provision in the context of the SSBSS calving interval condition, including the type of evidence that would be required to support a request for it to be applied.