Chamber and committees

The Learning Estate Investment Programme’s (LEIP) outcomes Governance Board, which is co-chaired by Scottish Government and COSLA, scrutinises all aspects of the LEIP on an ongoing basis.

The LEIP has undergone a Gateway Review Strategic Assessment, the recommendations of which have been implemented across the LEIP. A further Gateway Review will commence this month.

Scottish Futures Trust (SFT) provides expertise, for example, in programme and data management, schools design, as well as commercial and financial modelling, and the Scottish Government engages regularly with SFT on ongoing management of the LEIP. SFT also managed the previous Scotland’s Schools for the Future Programme which saw the construction of 117 new or refurbished schools and benefited over 60,000 pupils across the country.

The Scottish Government understands concerns over the decline of European woodcock populations. At present, all woodcock in Scotland are classed as a quarry species and as such are listed on Schedule 2 of the Wildlife and Countryside Act 1981, which determines the species that can be killed or taken.

As set out in my response to PQ S6W-14320, NatureScot are currently carrying out a review of Schedule 2 of the Wildlife and Countryside Act 1981. Once the review has been completed, they will provide a report to the Scottish Government for Ministers to consider whether any changes to the Schedule are required.

The Learning Estate Investment Programme’s (LEIP) outcomes-based funding model was designed by Scottish Government, Local Government and Scottish Futures Trust (SFT). The funding model was established to support the implementation of the Learning Estate Strategy which was produced was produced collaboratively by Scottish Government and Local Government. The concepts, principles and outcomes for the LEIP, as well as the mechanics of the funding model, were agreed in workshops between Scottish Government, Local Government and SFT, under the governance of an investment programme board which was co-chaired by Scottish Government and COSLA.

The use of the LEIP funding model and the associated outcomes have been ratified by COSLA Leaders, and further information on the mechanics of the model are published and available on SFT’s website.

The LEIP board, which meets quarterly, is co-chaired by Scottish Government and COSLA. The board has membership and representation from Scottish Government, COSLA, SOLACE, Local Authority networks and SFT. This governance structure provides oversight and direction to the LEIP - including on the outcomes to be measured, the assessment process for projects and the funding model - as the programme has developed.

We continue to engage with local authorities on an ongoing basis, including workshops on the funding model for each phase of the LEIP, and dedicated workshops with local authorities for each project.

I refer the member to the answer to question S6W-14615 on 6 March 2023. 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 Parliament approved the Deposit and Return Scheme for Scotland Regulations in 2020. The Regulations are wholly within devolved competence.

The Scottish Government has been following the agreed process to seek the exclusion of the DRS regulations from the Internal Market Act. This has been the subject of discussion with the UK Government beginning in 2021 when we sought a broad exclusion under the Resources and Waste common framework when an exclusion was agreed covering Scotland’s single use plastic regulations. We will continue to press the UK Government for a decision as soon as possible to give businesses the clarity they need.

Independent reporters have decided three planning appeals relating to housing development on Sibbald’s Brae in Bathgate. In 2014 a reporter refused planning permission; in 2020 a reporter granted planning permission; and in 2022 a reporter amended the planning conditions attached to the 2020 permission. All three decisions were made on the planning merits of the cases and in overall accordance with the development plan. The reporters took full account of all submissions made by parties on the appeals, including those from West Lothian Council and also from members of the local community.

I refer the member to the answer to question S6W-15423 on 7 March 2023. 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

Under the Matrimonial Homes (Family Protection) (Scotland) Act 1981 a spouse can ask the court for an exclusion order to remove the other spouse from the matrimonial home. Civil partners have a corresponding right under the Civil Partnership Act 2004. A cohabitant can also seek an exclusion order where the court has granted them occupancy rights.

The court can make an exclusion order if it appears to the court that the making of the order is necessary for the protection of the applicant or any child of the family from any conduct or threatened or reasonably apprehended conduct which is or would be injurious to the physical or mental health of the applicant or child.

These orders are temporary. For example, an order will end if the family home is sold or the couple divorce.

There are other civil remedies available to those at risk of domestic abuse. These include an interdict which can prohibit or restrain specified behaviour. By virtue of the Domestic Abuse (Scotland) Act 2011 a breach of a domestic abuse interdict with a power of arrest attached is a criminal offence. Another potential civil remedy is a non-harassment order under the Protection from Harassment Act 1997, breach of which is again a criminal offence.

The Scottish Law Commission are considering carrying out a review of civil remedies in relation to domestic abuse in phase 2 of its work on aspects of family law .

The member is welcome to write to me raising specific points about exclusion orders or other civil protection measures.

Social landlords in Scotland must already meet the Scottish Housing Quality Standard which requires properties to be free from damp, have adequate ventilation and be suitably insulated and they must ensure any requests for repairs are carried out in a timely fashion. Compliance is monitored by the Scottish Housing Regulator. If landlords fail to comply, tenants can escalate complaints to the Scottish Public Sector Ombudsman. The latest report on the Scottish Housing Charter shows that almost 9 out of 10 social tenants are satisfied with the homes and service that their landlord provides.

The Regulator is currently working proactively with social housing providers to identify and share best practice in dealing with damp and mould and is expected to publish updated guidance shortly.

The Scottish Government does not hold that specific information. However statistics collected from local authorities includes information on housing for disabled people: Housing for Older People and People with Disabilities and the Scottish Housing Regulator also collects information on numbers of housing units for disabled people: Statistical information | Scottish Housing Regulator .

The Scottish Government is committed to improving the lives of people with complex care needs. Along with the Minister for Mental Wellbeing and Social Care, I recently wrote to all areas to encourage greater collaborative working across integration authorities and local authorities to deliver integrated housing, care and support services for people with complex care needs living in Scotland.