Chamber and committees

The Supreme Court has today handed down its judgment on the reference by the Lord Advocate. The Scottish Government will take time to reflect carefully on the Supreme Court’s judgment and our response to its contents.

The Supreme Court judgment can be accessed at: REFERENCE by the Lord Advocate of devolution issues under paragraph 34 of Schedule 6 to the Scotland Act 1998 (supremecourt.uk)

The Scottish Government is pleased to announce that as of 1 December 2022 Andrew Miller will be appointed as the new Chair of the Board FMPG.

Andrew brings a wealth of experience from previous senior positions, including Chair of the Board of Prestwick Airport, and is clear on the strategic and commercial issues for the yard. I am confident his experience will help to deliver Ministerial priorities.

The procedure for handling complaints by civil servants about a current or former minister’s behaviour will be updated to improve transparency. The Deputy First Minister will discuss the updates to the procedure and the Ministerial Code with the Finance and Public Administration Committee on 22 November 2022.

In future, where the outcome is upheld or partially upheld, Ministers will be named and the outcome of the complaint published, together with an appropriately redacted version of the decision report.

The privacy and confidentiality of complainants and witnesses remain fundamental to the process. Any information that could lead to their identity being disclosed will be redacted.

The procedure applies to all Scottish Government staff and civil servants working in the Scottish Government’s executive agencies. Information on the number of formal complaints will be proactively published on the Scottish Government website every six months.

In cases where a complaint is not upheld, the Minister's name and the outcome will be published for a period of six months.

Changes to the Ministerial complaints procedure will come into effect by the end of the year.

The Scottish Ministerial Code is being updated to take account of the updated procedure and will be published in due course.

I have today published our public consultation paper on restricting alcohol advertising and promotion in Scotland, as set out in our Programme for Government 2022-23. This is available at https://consult.gov.scot/alcohol-policy/alcohol-advertising-and-promotion .

Restricting alcohol advertising and promotion is a crucial element in changing our troubled relationship with alcohol and is one of the World Health Organization’s three best buys to reduce alcohol-related harms.

Alcohol advertising and promotion is seen by, and appealing to, large volumes of children and young people in Scotland. International evidence shows that seeing alcohol marketing is associated with an increased likelihood that children and young people will start to drink alcohol or, if they already drink alcohol, drink more . This is harmful to them in both the short and long term.

It is also likely that alcohol advertising and promotion influences higher-risk drinkers and can be a trigger for those in recovery to drink alcohol and relapse . This is in addition to the likely impact marketing has on our wider society, by normalising alcohol and presenting it as fun, sociable and commonplace. Young people in Scotland , as well as people in recovery and their families , have told us directly that they see a lot of alcohol marketing and want us to take action to tackle this

The consultation paper is wide ranging and covers potential restrictions on all of the major sources of exposure to alcohol advertising and promotion in Scotland, including advertising on TV, outdoors, through sports and events sponsorship as well as through branded merchandise and online.

The aim of any restrictions would be to reduce exposure to marketing generally in Scotland which should in turn reduce initiation of drinking and levels of consumption in young people, reduce the potential of relapse for those in recovery and reduce attractiveness of alcohol, and thereby consumption, amongst the general population.

We are seeking responses from all stakeholders to fully understand their views and any concerns they may have about any proposed restrictions. The Scottish Government will be carrying out a programme of engagement with key stakeholders throughout the consultation period to ensure all voices are heard.

Following careful consideration of the Reporter’s findings, conclusions and recommendations, I have determined that the Orders for the A9 Dualling Killiecrankie to Glen Garry scheme should be made. A decision letter in relation to the Orders is being issued today to all those who made representations to the draft Orders. I want to thank everyone who did so and give an assurance that those representations have been carefully considered.

This significant decision now clears the way for publication of the Made Orders for this scheme. Subject to there being no challenge to Made Orders, we will then be in a position to complete the statutory process for the scheme and acquire land required to build it.

This significant milestone for our ambitious programme to dual the A9 between Perth and Inverness means that 92% of the programme now has Ministerial decisions to make Orders and complete the statutory process.

Road users on the A9 are already benefitting from the dualled stretches between Kincraig and Dalraddy and Luncarty and Pass of Birnam, which opened in September 2017 and August 2021, respectively. Procurement for award of the construction contract for the section between Tomatin and Moy, which will be subject to our normal tender evaluation and business case approval processes, is underway. I expect to be able to update Parliament shortly on the progress of this section.

When completed the A9 Dualling programme will bring many benefits to local communities, businesses, visitors and road users living, travelling and working along the corridor including reduced journey times, improved journey time reliability, improved road safety and opportunities for active travel.

Today the Medicines and Healthcare products Regulatory Agency has issued a Caution in Use Notice alert, reporting that a number of injectable naloxone kits have been supplied across the UK, including Scotland, which may have missing needles.

The product, Prenoxad ® , is an injectable form of naloxone. A pack normally contains two needles. The problem emerged when it was reported that a very limited number of Prenoxad ® packs in a batch marketed in France were missing needles. This was the case in three packs out of a batch of 9,000.

Although I have received no reports of UK packs with missing needles to date, the potential for packs to contain fewer than two needles in all distributed batches cannot be ruled out. We do know, however, that kits from batches that could potentially be affected have been distributed in Scotland and we are therefore advising people to check their kits and to replace any that are incomplete.

In response to the Caution in Use Notice, the Scottish Government has taken immediate action to advise healthcare professionals on how to identify and replace kits which may have been supplied without needles.

In addition, we have issued guidance on this to third sector partners who have been distributing kits to individuals. We are also working with stakeholders to produce clear, illustrated guidance on how people can check their kits, for third sector partners and others to share with people who carry their own naloxone kits.

I am acting quickly to ensure that kits are complete, because the wide supply and carriage of naloxone is a key part of our National Mission to improve and save lives. Naloxone remains a safe medication to use in response to a life-threatening overdose and I am determined that this potential defect should not disrupt its use in Scotland or reduce public confidence in the naloxone programme.

I am pleased to confirm that the report of the working group has been submitted to me and I am today publishing the report: https://www.gov.scot/isbn/9781804358184 .

I am extremely grateful to the Working Group and all those who gave evidence to them, for delivering a very thoughtful report. I have accepted the main conclusion that a Parades Commission, along the lines of the one in Northern Ireland, is not required in Scotland.

The report also highlights a range of other conclusions and recommendations on how the processes surrounding processions could be improved. I can confirm that the Scottish Government will now engage with partner organisations, including COSLA, Local Authorities, Police Scotland and human rights experts, to examine the conclusions and recommendations in more detail and consider which should be taken forward. These considerations will include looking at the practicalities of implementing the conclusions and recommendations in a way which would ensure human rights are maintained, and how we might go about piloting key recommendations.

We laid a brief update before parliament last week on progress against our Heat in Buildings Strategy since its publication in 2021: https://www.gov.scot/publications/heat-in-buildings-strategy-2022-update/ .

Delivering the Strategy will be an essential part of meeting our net zero ambitions. The update confirms our intention to consult next year on proposals for a Heat in Buildings Bill, and publish our Public Engagement Strategy.

NHS Highland has now received all five reports from the Independent Review Panel (IRP) of the Healing Process and the work of the IRP is now concluded.

The Board has made significant progress against the majority of the recommendations included in both the Independent Review Panel (IRP) of the Healing Process and the Sturrock reports. As part of this work, the board have ensured that systems and processes are in place which would allow colleagues to speak up and be heard.

A decision has been taken by Scottish Government Health and Social Care Management Board to de-escalate NHS Highland from Stage 3 to Stage 2 of the NHS Board performance escalation framework in relation to Governance, Leadership and Culture.

NHS Highland will remain at Stage 3 for Financial Management and Mental Health Performance until further progress is made in the provision of mental health services, and a national review of NHS Scotland’s financial position is complete. Measures are in place to support NHS Highland will continue for these areas.

You can find out more about the NHS Board performance escalation framework here: NHS healthcare standards: Board performance escalation framework - gov.scot ( www.gov.scot )

The Hon. Lord Brailsford replaces the Hon. Lady Poole as Chair of the Scottish Covid-19 Inquiry today. The amended terms of reference also come into effect from today to further emphasise the expectation that the Inquiry will take a human rights-based approach, and that it will demonstrate how that approach has informed and improved the recommendations it makes. Specifically, this change will require the Inquiry when reporting, “To demonstrate how a human rights based approach by the inquiry has contributed to the inquiry’s findings in fact and recommendations”.

The amended Terms of Reference can be found in full here: COVID-19 Inquiry - gov.scot (www.gov.scot)