Questions and answers

Question reference: S6W-03949

Asked by: Elena Whitham, MSP for Carrick, Cumnock and Doon Valley, Scottish National Party
Date lodged: Monday, 25 October 2021
Current Status: Answered by Angus Robertson on 17 November 2021

To ask the Scottish Government whether it will provide a breakdown of the actions ministers have taken under section 9 of the Coronavirus (Scotland) Act 2020, regarding opportunities to advance equality and non-discrimination when exercising their functions under the Act.

Section 9 of the Coronavirus (Scotland) Act 2020 requires that the Scottish Ministers have regard to opportunities to advance equality and non-discrimination when exercising functions under Part 1 of the Act.

The following provisions under Part 1 of the Act confer functions on the Scottish Ministers, and details of measures undertaken to advance equality and non-discrimination when these functions have been exercised by Ministers is provided in the following table.

Act provision	Measures undertaken
Section 2, Schedule 1 – paragraph 8 (evictions – power to modify notice periods)	These functions were exercised in the Coronavirus (Scotland) Act 2020 (Eviction from Dwelling-houses) (Notice Periods) Modification Regulations 2020 (2020/270) to protect tenants and keep them safe in their home during the pandemic. Women are the majority of renters in the social rented sector, and people from non-white backgrounds are more likely than people from white backgrounds to live in the private rented sector - it was therefore crucial that a range of impact assessments were undertaken. This included significant contributions to both the Equality Impact Assessment and Children’s Rights and Wellbeing Impact Assessments that were prepared and published as part of the wider work to implement the emergency Coronavirus legislation.
Section 5, Schedule 4 – paragraph 15 (community orders: power to vary requirements in community payback orders and drug treatment and testing orders)	These functions were exercised in the Community Orders (Coronavirus) (Scotland) Regulations 2021(2021/144), which used the power to vary community orders. Impact assessments, including an Equality Impact Assessment, were prepared and published to support scrutiny of this SSI. The regulations excluded orders imposed involving domestic abuse, sexual offences, and stalking to mitigate risks arising from the particular barriers that exist in relation to the reporting of those offences (and which are not found to the same extent with other offence types), and which the Scottish Government and other justice organisations have taken steps to reduce in recent years. These include action under Equally Safe, the Scottish Government’s national strategy to take action against all forms of violence against women and girls, ground-breaking domestic abuse legislation, investment in training and support, and campaigns.
Section 5, Schedule 4 – paragraph 19 (power to make regulations in relation to early release of prisoners)	This function was exercised to make The Release of Prisoners (Coronavirus) (Scotland) Regulations 2020 (2020/138). The provisions of the Act, and the specific regulations set out in the SSI identified a cohort of prisoners who were considered for early release. The criteria which were applied related to the individuals’ previous offending (including exclusions for individuals sentenced for sex offences, domestic abuse or harassment offences – and a provision for prison Governors to exclude otherwise eligible individuals if there was evidence an early release would present a risk to a specific individual), as well as prisoner’s sentence length and time remaining to serve. As such, the criteria were uniform in their assessment of eligibility, irrespective of the individuals age, gender, or other potential discriminatory factors.
Section 7, Schedule 6 – paragraph 8(2) (power to postpone publication and laying of reports before the Scottish Parliament)	This functional provision was introduced by the Act and has been exercised to allow for publication of certain statutory reports to be delayed only in circumstances where publication by the required date would impede their ability to take effective action against coronavirus; otherwise publication would continue to be required as normal. The Scottish Government does not consider it to be a provision which could provide “opportunities to advance equality and non-discrimination when exercising their functions under the Act”. These are general, wide-reaching powers provided by the first Scottish Act without needing an SSI.
Section 7, schedule 6 – paragraph 9(2) (powers in relation to duties to publish or make available documents for inspection electronically)	This functional provision has been exercised by public authorities, particularly while access to public offices and libraries has been restricted, but due to the wide range of circumstances where Scottish Ministers or public bodies may have exercised these powers, it would be disproportionate to report on individual uses and so a record of its use is not available.The Scottish Government has recognised the online publication of certain documents, rather than them being made available for physical inspection, may have an impact on those who have less access to online technologies. Older people, disabled people and those with long-term health conditions have been identified particularly as using these technologies less than other groups. However, older people and those with long-term health conditions are also identified as being at greater risk from coronavirus. The Scottish Government recognised that the aim is to allow local authority business and other public services, including services for vulnerable groups, to continue and meet statutory requirements at any time while physical access is not permitted to prevent spread of the virus. These are general, wide-reaching powers provided by the first Scottish Act without needing an SSI.
Section 8, schedule 7- paragraphs 9 and 10 (power to make regulations in relation to duration of planning permission)	This provision gives Ministers power to alter the “emergency period” and the “extended period” referred to in the relevant provisions. These powers have been used to change these periods by: The Town and Country Planning (Emergency Period and Extended Period) (Coronavirus) (Scotland) Regulations 2020/254 – which changed the periods so that the emergency period would end on 31 March 2021 and the extended period would end on 30 September 2021. The Town and Country Planning (Emergency Period and Extended Period) (Coronavirus) (Scotland) Regulations 2021/100 (as subsequently amended by SSI 2021/142) – which changed the end of the emergency period from 31 March 2021 to 30 September 2021 and the end of the extended period from 30 September 2021 to 31 March 2022. The Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2021/292 - which changed the end of the emergency period from 30 September 2021 the end of 31 March 2022 and the end of the extended period from 31 March 2022 to the end of 30 September 2022. The Scottish Government does not consider it to be a provision which could provide “opportunities to advance equality and non-discrimination when exercising their functions under the Act”.

Question reference: S6W-03976

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Monday, 25 October 2021
Current Status: Answered by Humza Yousaf on 17 November 2021

To ask the Scottish Government whether it will complete all flu vaccinations by the start of the flu season and by what date it expects to complete the vaccination programme for each of the eligible groups.

The seasonal flu vaccination programme started on 6 September and will run until March 2022. This year it is the biggest ever flu vaccination programme in Scotland reaching over 4 million people. So far, to the end of week 44, Public Health Scotland has reported that a total of 1,451,857 individuals, among different eligible cohorts, have received the influenza vaccine.

Flu vaccinations have started for those over the age of 70 years, and those at the highest clinical risk from flu. Flu vaccinations have also started for pregnant women, preschool children as well as primary and secondary pupils. Adults aged 60 years to 69 years and those aged 16 years plus with underlying health conditions have started receiving vaccination appointment letters. A portal has been launched for adults aged 50 years to 59 years, unpaid carers 16 years plus and adult (16 years plus) household contacts of immunosuppressed individuals allowing those groups to book flu appointments online ahead of flu season.

Question reference: S6W-03673

Asked by: Sharon Dowey, MSP for South Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 13 October 2021
Current Status: Answered by Humza Yousaf on 17 November 2021

To ask the Scottish Government what its response is to the request by the Scottish Human Rights Commission for a human rights analysis of vaccine passports.

Question reference: S6W-03679

Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
Date lodged: Tuesday, 12 October 2021
Current Status: Answered by Humza Yousaf on 17 November 2021

To ask the Scottish Government how many paediatric ICU beds are available in NHS Lothian.

Question reference: S6W-04182

Asked by: Monica Lennon, MSP for Central Scotland, Scottish Labour
Date lodged: Friday, 05 November 2021
Current Status: Answered by Patrick Harvie on 17 November 2021

To ask the Scottish Government who will be appointed to the Green Heat Finance Taskforce.

The Scottish Government’s Heat in Buildings Strategy, published in October 2021, committed to establishing a Green Heat Finance Taskforce by the end of 2021. The Taskforce will forge a new partnership approach between the Scottish public sector, heat decarbonisation experts and the financial sector to explore potential new and value for money innovative financing mechanisms for investment in zero emissions heat. The Taskforce has a crucial role in shaping how the transition to zero emissions heat in Scotland’s buildings is financed, therefore the membership of the Taskforce will be drawn from expertise including green finance, the heat and energy efficiency sector and consumer groups.

Question reference: S6W-04078

Asked by: Oliver Mundell, MSP for Dumfriesshire, Scottish Conservative and Unionist Party
Date lodged: Friday, 05 November 2021
Current Status: Answered by Humza Yousaf on 17 November 2021

To ask the Scottish Government whether COVID-19 vaccine booster appointments are being offered to all members of a household on the same day and at the same time, where they are close in age and required to travel a considerable distance to a vaccination clinic, and, if not, what the reasons are for these considerations not being taken into account when appointments are being offered.

Vaccination appointments including boosters, are scheduled based on the cohorts defined by the Joint Committee on Vaccination and Immunisation (JCVI) and from the files submitted by Health Boards. These are in priority order based on risk to the individual, rather than postcode alignment. For example, a married couple in the same house, one 68 years old and one 71 years old, would see them placed in different JCVI risk cohorts, therefore the 71 year old would be scheduled before the 68 year old, and their appointments may be days or weeks apart.

Individual cases can be considered by the Health Board if a priority, and support arranged.

Question reference: S6W-04103

Asked by: Maurice Golden, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 04 November 2021
Current Status: Answered by Michael Matheson on 17 November 2021

To ask the Scottish Government what consideration it has given to the material impact of its (a) policy portfolio in general, (b) Heat in Buildings Strategy, (c) Hydrogen Action Plan, (d) low-carbon infrastructure investment plans and (e) other policies announced in the most recent Programme for Government that have low-carbon aims.

In the 2021 Programme for Government, the Scottish Government committed to publishing our first Just Transition Plan as part of the forthcoming Scottish Energy Strategy. The draft Energy Strategy and Just Transition Plan, due for publication and consultation in Spring 2022, will take a whole-system view of the energy sector and will also set out what is needed to deliver a just transition for the sector, in line with the principles laid out in our National Transition Planning Framework published in September. We will produce and publish the relevant impact assessments alongside.

The Heat in Buildings Strategy sets out an ambitious policy package to deliver a 68% reduction in emissions from buildings this decade. Alongside the Heat in Buildings Strategy we have conducted the following impact assessments:

In relation to the Strategic Environmental Assessment, we will shortly publish a Post Adoption Statement which will be available through the SEA database.

The Scottish Government published its draft Hydrogen Action Plan on 10 Nov 2021 setting out the actions over the next five years necessary to put Scotland on the pathway to becoming a leading hydrogen nation by 2045 in the production of reliable, competitive, sustainable hydrogen.

As part of the development of the draft Hydrogen Action Plan, a Strategic Environmental Assessment report and a partial Business and Regulatory Impact Assessment considering the likely environmental and business and regulatory effects of the Draft Hydrogen Action Plan have been developed.

Following the publication of the Action Plan and its impact assessments, a 10 week consultation will be conducted to allow stakeholders adequate time to provide their views and feedback on the draft plan and its associated impact assessments. Feedback gathered during the consultation will inform the final Hydrogen Action Plan which will be published later in 2022.

Additionally, the Hydrogen Action Plan in action number 3 makes a commitment for the Scottish Government to “develop the data to allow us to monitor and report on progress towards our 5 GW hydrogen ambition on an annual basis”.

Across Scottish Government, business management and monitoring arrangements are in place at Directorate, Director-General and SG-wide levels to ensure the monitoring of all Programme for Government commitments, and their delivery. Contributions towards National Outcomes through all portfolios is further measured and monitored through the National Performance Framework. The aim of all government policy is to work towards achieving the Outcomes in the National Performance Framework. Information on Scotland’s progress on the NPF can be accessed at www.nationalperformance.gov.scot .

Question reference: S6W-04118

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Thursday, 04 November 2021
Current Status: Answered by Graeme Dey on 17 November 2021

To ask the Scottish Government whether it plans to make a direct award to local authority operator, Orkney Ferries, for the new hydrogen-powered vessel in Orkney.

I met with the Orkney Islands Council in Kirkwall recently and heard about their plans to introduce low-emission ferries. I welcome these plans but made clear – as local representatives well know – that the responsibility for their inter-island ferry services including the procurement of replacement vessels, related infrastructure and crewing arrangements, sits with the local authority.

We recognise the pressures this brings which is why the Scottish Government’s 2021-22 Budget includes £19.2m for local authorities operating ferries, an increase of £7.7m on last year.

Question reference: S6W-04121

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Thursday, 04 November 2021
Current Status: Answered by Graeme Dey on 17 November 2021

To ask the Scottish Government whether it will meet the costs of hydrogen bunkering and refuelling infrastructure at Kirkwall and Shapinsay for the new hydrogen-powered vessel in Orkney.

Question reference: S6W-04119

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Thursday, 04 November 2021
Current Status: Answered by Graeme Dey on 17 November 2021

To ask the Scottish Government whether the new hydrogen-powered vessel in Orkney will be covered by a collective bargaining agreement.

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