Chamber and committees

My understanding is that the Scottish Funding Council has concluded that the flexibility it was in a position to be able to use in previous years is no longer possible because of the budgetary position it is now operating within. Therefore, there has not been any change of policy, but rather a lack of flexibility to accommodate switching capital to resource.

This follows the difficult decisions the Scottish Government faced in setting the 2024-25 budget in the most challenging financial context since devolution. The main point therefore is one of SFC budgetary cover.

The Scottish Government and SFC are very conscious of the challenge colleges face. With regards to the specific issue raised, we are working collaboratively to understand the emerging impact and consider if a solution for 2024-25, as well as the longer term, can be found for affected colleges and keeping the Colleges: Tripartite Alignment Group updated.

The tripartite group provides strategic direction on the pressures and opportunities facing colleges. Further detail on the work of this group is available here: Colleges: Tripartite Alignment Group - gov.scot (www.gov.scot)

My understanding is that the Scottish Funding Council has concluded that the flexibility it was in position to be able to use in previous years is no longer possible because of the budgetary position it is now operating within, therefore, there has not been any change of policy but rather a lack of flexibility to accommodate switching capital to resource.

Scottish Ministers have no role in the conclusion of voluntary wayleaves in relation to electricity infrastructure and are only able to act on applications made by licence holders for Necessary Wayleaves under the Electricity Act 1989.

Telecommunications is a reserved matter to the UK Government and the framework for wayleaves is legislated for in Schedule 3A of the Communications Act 2003 (The Electronic Communications Code). The Code gives Code operators rights to apply for a wayleave agreement to be imposed by the courts if one cannot be reached voluntarily with a landowner.

The £500,000 fund to leave pilot was announced in October 2023 and ended on 31 March 2024. Women’s Aid groups disbursed the funding on behalf of the Scottish Government in five pilot areas. The Scottish Government expects a full report from Scottish Women’s Aid on the outcomes achieved by the start of June. Interim reports show that the £500,000 fund has been fully distributed, with over 500 applications being approved.

Disclosing or threatening to disclose sexually explicit 'deepfake' images, including by publishing them on the internet, is covered by the offence of 'disclosing or threatening to disclose an intimate image' at section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.

The Scottish Government is aware that the UK Government has announced that it will amend the Criminal Justice Bill to criminalise the making of sexually explicit 'deepfake' images without consent. We will carefully consider the amendment.

Depending on the facts and circumstances of the particular case, there are a range of offences that may be used to prosecute cases where someone publishes, sells or distributes sexually explicit images of a person without their consent.

In particular, the offence of disclosing or threatening to disclose an intimate photograph or film at section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 can be used to prosecute such behaviour where the disclosure, or threat to disclose the image, would be likely to cause a person featured in the image to suffer fear, alarm or distress, and the accused either intended to cause such an effect or else was reckless as to whether their behaviour would be likely to have such an effect on the victim.

The offence provides that a person is in an 'intimate situation' if the person is engaging or participating in or present during an act which a reasonable person would consider to be a sexual act which is not of a kind ordinarily done in public, or the person's genitals, buttocks or breasts are exposed or covered only in underwear. Specifically, the offence provides that a photograph or film includes any material originally captured by photography or by making a recording of a moving image, whether or not it has been altered in any way. As such, the offence applies in respect of images that have been digitally manipulated so as to appear to depict a person as being in an intimate situation even if the original photograph does not do so.

Other offences which may be relevant include the offence of threatening or abusive behaviour at section 38 of the Criminal Justice and Licensing (Scotland) Act 2010 and, where the images are published or shared via the internet, the offence of abuse of a public electronic communications network at section 127 of the Communications Act 2003.

As the legislation does not explicitly distinguish between manipulated and unmanipulated photographs or films, it is not possible to separately identify cases relating to the disclosure of so-called 'deepfake' images.

It is an independent operational matter for Police Scotland to enforce criminal law and it is an independent operational matter for Crown Office to make decisions in respect of prosecutions.

Legislation criminalising the disclosure of intimate images includes photographs or films that have been digitally enhanced or manipulated. As such, the law covers 'deepfake' images that have been digitally manipulated so as to appear to depict the person to be in an intimate situation. It is an operational matter for Police Scotland to enforce relevant laws.

The Scottish Government has provided funding of £138,527.50 to the South West Grid for Learning over two and a half years to support the delivery of practical support for people affected by intimate image abuse via the Revenge Porn Helpline. This includes support to remove images from online platforms and signposting for emotional support. The funded activity includes work to raise awareness and understanding of intimate image abuse and the support available through the helpline in Scotland.

Regulation of the internet is a reserved matter falling to the UK Government and Parliament. Within that context, the Scottish Government engages with the UK Government and Ofcom, the new online safety regulator, on the implementation of the UK Government Online Safety Act in Scotland to address illegal and harmful material on the internet.

Decisions about operational policing priorities are a matter for Police Scotland, which is operationally independent of the Scottish Ministers. Where alleged criminal activity relating to intimate image abuse, including where this involves 'deepfakes', is reported to Police Scotland, they will investigate with a view to determining whether there is sufficient evidence to report to Crown Office for consideration of prosecution.

In 2023, Police Scotland undertook a 4-week online child sexual abuse and exploitation media campaign targeting sexual predators who groom and abuse children online, including through use of sexually explicit 'deepfake' images. Police Scotland's Cyberharm Prevention Team are also undertaking a National "sextortion" Prevention Campaign aimed at education and support for those affected by crimes of extortion, including people affected by "deepfake" images.

In terms of resources allocated to education and prevention, school pupils learn how to conduct online relationships safely and understand the risks and consequences of sharing intimate images. The Scottish Government's Gender-Based Violence in School Guidance makes clear that this includes non-consensual sharing of sexual images or threatening to do so.

The Scottish Government also funds Education Scotland to coordinate the Mentors in Violence Prevention programme, focussed on challenging attitudes underpinning gender-based violence, and supports schools to access Rape Crisis Scotland's National Sexual Violence Prevention programme.

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

The Order for Lifelong Restriction (OLR) figures are available publicly on the Risk Management Authority (RMA) website. The OLR sentences made in the last 5 years are as follows: