Chamber and committees

As set out in our response to S6W-04807, we are working with industry, local government and environmental groups to develop the route map to deliver our waste and recycling targets for 2025. This work is critical in determining how the waste and resources sector will contribute towards lower carbon emissions in the period to 2030 and beyond, including considering the use of carbon-based recycling targets for local authorities.

It would be wrong of me to pre-empt that process, including formal consultation on findings and proposals, planned for the first half of 2022.

The mygov.scot portal for reporting allegations of benefit fraud to Social Security Scotland was launched on 24 August 2020.

A total of 429 reports have been submitted to Social Security Scotland through this portal. Of these, 173 were received in financial year 2020-21, and 256 so far in 2021-22 (up to and including 30 November).

The Scottish Government is not able to provide legal advice. However, the making of a false statement on oath may involve the common law offence of perjury or a contravention of a statutory offence under section 44 of the Criminal Law (Consolidation) (Scotland) Act 1995 .

Conducting proceedings in a manner amounting to an abuse of process may also involve contempt of court and result in the person responsible incurring a penalty. There is provision on penalties for contempt of court in section 15 of the Contempt of Court Act 1981.

The Scottish Government does not intend to review existing legislation in this area at the present time.

The draft National Planning Framework (NPF4) includes a strengthened planning policy position that seeks to proactively enable the reuse of vacant and derelict land and buildings and which notes that demolition should be regarded as the least preferred option. Re-use of vacant and derelict land and buildings has multiple benefits, including contributing to climate change targets.

The draft NPF4 was laid in the Scottish Parliament in November 2021 for a period of scrutiny through to next spring. A public consultation on the draft is running until the end of March 2022 and responses are invited to help inform the final NPF4 which will form part of the development plan and therefore inform priorities in local development plans and day to day planning decision making.

The Learning Estate Investment Programme has made significant progress since the first projects were announced in September 2019, with projects in construction and in development representing a £1.2bn investment in the learning estate.

The Scottish Government intend to announce the projects that will form part of Phase 3 of the programme within the next 12 months. We will write to local authorities seeking investment proposals in 2022 and in the meantime we will work with local government to agree the development programme timeline.

Two sets of regulations amending the Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021 were made today.

The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No.6) Regulations 2021 amend the Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021 (“the principal regulations”).

These Amendment Regulations introduce physical distancing requirements in hospitality and indoor leisure premises, requirements for table service and also introduce a capacity limit for live events. These regulations provide the following requirements;

• Physical distancing – a requirement to take measures to ensure, so far as reasonably practicable, that a distance of 1 metre is maintained between people in or waiting to enter hospitality and leisure premises and that only enough people are admitted to the premises to allow the 1 metre distance to be maintained.
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• Table service - a requirement for table service in premises where alcohol is sold for consumption on the premises, and that the customer must remain seated whilst consuming food and drink on the premises.
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• Capacity limit for live events - a requirement that live events held indoors and outdoors do not exceed capacity limits set in the regulations - 100 people at indoor standing events, 200 people at indoor seated events and 500 people at outdoor events (whether seated or standing).

The requirements in relation to capacity limits at live events will take effect at 5.00 a.m. on 26 December and the requirements in relation to physical distancing and table service will take effect at 5.00 a.m. on 27 December.

These regulations have been published at http://www.legislation.gov.uk/id/ssi/2021/496

The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No.7) Regulations 2021 also amend the principal regulation and will take effect at 5.00 a.m. on 27 December 2021.

These Amendment Regulations have the effect of closing nightclubs, dance halls or discotheque premises from 5.00 a.m. on 27 December 2021. It would remain open to these businesses to operate the premises with distancing and table service, rather than as a nightclub, dance hall or discotheque.

These regulations have been published at http://www.legislation.gov.uk/id/ssi/2021/497

The Scottish Government did not receive advance notice of the Home Office decision to accommodate asylum seekers in hotels in Scotland. I wrote to the Home Secretary on 21 October to raise concerns about the lack of advance engagement on this matter and on the suitability of using hotels to accommodate people seeking asylum. Officials have subsequently had engagement with Home Office officials on this issue.

Scottish Government and COSLA have regular discussions about a range of asylum matters including the use of hotels.

I refer the member to the answer to question S6W-05057 on 23 December 2021. 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.

Proof of COVID-19 booster vaccination will appear on the NHS Scotland Covid Status app within 24 hours of the vaccine being administered.

The ruling of the European Court of Human Rights in Pal vs The United Kingdom [2021] ECHR 990 relates to the police’s decision to arrest the applicant on suspicion of having committed an offence of ‘harassment’ under section 2 of the Protection from Harassment Act 1997. That does not operate in Scots criminal law.

While the case concerned the actions of the authorities in particular circumstances, it is a reminder that the police are required in the course of their duties to respect an individual’s human rights – including their right to freedom of expression. This is not a new requirement and it will continue to be the case as new laws are implemented.