Chamber and committees

Phase 3 of the Review of Permitted Development Rights (PDR) has focussed on new and extended PDR for domestic and non-domestic renewable energy equipment to help address the climate and cost crises. A public consultation setting out proposed changes, including details on prior notification/prior approval arrangements, ran between May and August 2023 and several local authorities responded.

I refer the Member to the answer to question S6W-26002 on 18 March 2024, which provides an update on implementation of the Children (Scotland) Act 2020 (the 2020 Act). 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/questions-and-answers .

This answer refers to a submission to the Citizen Participation and Public Petitions Committee in relation to Petition PE1968 outlining our position on implementation of the 2020 Act and the commencement status of provisions.

The Cabinet Secretary for Justice & Home Affairs also provided the Criminal Justice Committee with an update on implementation of previously passed legislation, including the 2020 Act, in the context of the Victims, Witnesses, and Justice Reform (Scotland) Bill: Letter from the Cabinet Secretary for Justice and Home Affairs .

There are three early retirement options available to members of the Scottish Teachers’ Pension Scheme who have reached normal minimum pension age:

• Premature Retirement is an option if a member is made redundant or retires in the interest of efficiency. The pension would be actuarially reduced because the member is retiring early and employer must agree to make up the shortfall to the full pension amount. Therefore, there is no impact on the final pension amount the member receives.
• Voluntary Early Retirement is where the member chooses to receives an actuarially reduced pension. The benefits are reduced to take into account the fact the pension will be paid over a longer period of time than a normal retirement pension.
• Phased Retirement allows members to take up to 75% of their pension while reducing their working commitment. To do this, members must reduce their pensionable salary by at least 20% for a minimum of 12 months. Any percentage of pension benefits taken before normal pension age would be subject to an actuarial reduction.

We know that the earlier cancer is diagnosed the easier it is to treat and so a number of Detect Cancer Earlier (DCE) programme initiatives are currently supporting Primary Care referral.

The Scottish Referral Guidelines (SRG) for Suspected Cancer were developed to support primary care clinicians to identify those with symptoms suspicious of cancer and identify those who require urgent assessment by a specialist. A clinical refresh of the Scottish Referral Guidelines for Suspected Cancer is underway to help ensure the right person is on the right pathway at the right time.

In addition to this work, a new primary care cancer education platform funded by Scottish Government – Gateway C – was launched on 30 April in NHS Scotland, supported by NHS Education for Scotland (NES). Gateway C provides innovative, and tailored information to support earlier cancer diagnosis efforts and enable effective decision-making. This free online platform has a number of available courses, including myeloma, and is accessible to all primary care clinicians to help support rapid referral for those who require it most.

The Scottish Government will publish the findings from the second phase of the Local Governance Review’s community engagement process, Democracy Matters, in Summer 2024. Alongside this we will provide an update on our wider work with COSLA to conclude the review including the development of place specific, single authority, governance models. We will also set out the next steps in our work to deliver reforms that can further empower communities to take a greater role in local decision-making.

While there are differences across Scotland, the results following the latest update on progress towards implementation of PlGF-based testing indicate that capacity and infrastructure pose challenges for NHS Boards striving to effectively implement their plans.

The Scottish Government is initiating a new scoping exercise to better understand NHS Board’s current position in relation to using the PIGF test. Subsequently, officials will analyse the collected data to determine if further support is necessary to advance implementation plans.

I will take decisions on the portfolio matters that the Cabinet Secretary for Constitution, External Affairs and Culture has recused himself from, with the exception of a single issue where I also have a conflict. On this matter, decisions will be taken by the Cabinet Secretary for Local Government and Finance.

The detail of these is reflected on the Scottish Government website at www.gov.scot 

I refer the Member to the answer to question S6W-26002 on 18 March 2024, which provides an update on implementation of the Children (Scotland) Act 2020 (the 2020 Act) and refers to a recent section-by-section breakdown provided to Parliament of the 2020 Act’s commencement status.

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/questions-and-answers .

The Scottish Government has accepted a recommendation in the recent ‘Hearings for Children’ report to commence section 3 of the 2020 Act, relating to the views of the child in proceedings under the Children’s Hearings (Scotland) Act 2011. We are taking forward relevant work in that regard and are considering whether further provisions could be commenced.

Phase 3 of Scottish Government’s Permitted Development Rights (PDR) review has focussed on new and extended PDR for domestic and non-domestic renewable energy equipment. The measures streamline the planning process for various low carbon technologies and for altering/replacing windows by removing the need to apply for planning permission. The purpose is to support households and businesses, including those in conservation areas, seeking to adapt their properties in the face of the cost and climate crises.

The new PDR allow windows on buildings located in a conservation area to be altered or replaced. However, where windows are located on a building’s front elevation or side elevation fronting a road, prior approval arrangements will apply in certain circumstances. This process allows the planning authority to consider the design and external appearance of the proposal. Furthermore, the new PDR do not apply in World Heritage Sites – and listed building consent will still be required for listed buildings. In this sense, planning controls will still apply in the most valuable heritage assets.

We consider that the measures achieve an appropriate balance which supports owners/occupiers improving the environmental performance of their properties while safeguarding the overall character and appearance of the historic environment.

New guidance to accompany the regulations will be published on 28 May.

While it is the responsibility of Police Scotland to meet its obligations for data has a wide range of obligations to meet in discharging its statutory and regulatory responsibilities regarding the processing of data.

These obligations include Data Protection legislation, Public Records (Scotland) legislation, Biometrics and Communications legislation and security requirements overseen by the Home Office, Cabinet Office and National Police Chiefs Council.

Police Scotland has designed and implemented a suite of technical, procedural, physical and behavioural controls which are overseen by the Deputy Chief Constable for Professionalism.

An essential security control for data is a policy that police databases are not accessible from personal or private devices. This is carefully managed and monitored with technical capabilities to ensure compliance. Officers and staff that require access to police databases are provided with appropriate equipment and devices that enables that functionality and which have commensurate security applied. Civilian Scottish Government employees are not able to access this information.

Police Scotland in common with all Data Controllers, is also subject to oversight from regulators including the Information Commissioner and the Scottish Biometrics Commissioner who from time to time make recommendations or provide advice on measures that will enhance security of the data Police Scotland processes. Additional safeguards for the management of data is also ensured with further scrutiny by Internal Auditors.