Chamber and committees

The Scottish Government notes the change of policy in relation to common land by the Department for Environment, Food and Rural Affairs, following a legal challenge.

However, the legal basis relating to common land in England is different from that applying to common grazings in Scotland. In addition, the devolved arrangements that exists within the UK gives each territory the flexibility to adopt different policy choices as regards the implementation of the common agricultural policy. Since 2005 the single payment scheme that has operated in England has been area based whereas Scotland adopted an historic based payments model.

We will discuss the issue with crofting and farming stakeholder organisations, in the coming weeks, as well as carefully monitoring the situation in England, to consider what if any impact the English decision may have for common grazings in Scotland.

The Scottish Government firmly rejects negative rhetoric around immigration that can fuel fear and misunderstanding. Migrants are vital for our economy and society and make an enormous contribution to Scotland.

The Scottish Government Equality Unit is providing just under £1 million in the period 2014-15 to several organisations working with refugees and asylum seekers in Scotland.

Scottish Ministers have no powers to set the cost of Home Reports under the existing Housing (Scotland) Act 2006 and costs are determined by the market.

The Scottish Government’s scheduled five year review of the Home Report will examine how well the Home Report is meeting its original objectives and consider if those objectives are still appropriate, examine how it is operating in the current market, and explore in detail various issues that have been raised both by the general public and stakeholders since its introduction.

The Scottish Government will set out its response to the findings of the review, including any proposed actions or amendments, once the research report and key findings summary paper have been published on the Scottish Government website (expected by early 2015).

The provisions of the Claim of Right Act 1689 in relation to the right to appeal to the monarch against perceived judicial injustice remain in force to the extent that the right is now exercisable via appeal to the United Kingdom Supreme Court, in accordance with the usual rules of court, and civil procedure.

The Claim of Right Act 1689 provided a right for a person to appeal a decision of the Court of Session to the Parliament of Scotland (the ‘monarch in Parliament’) and not necessarily directly to the sovereign as an individual. Following the Acts of Union and the abolition of the Scottish Parliament, this right was effectively transferred to the House of Lords, meaning that decisions of the Court of Session could be appealed to the House of Lords. In 2009 the appellate jurisdiction of the House of Lords was transferred to the new United Kingdom Supreme Court, including appeals from the Court of Session. The right contained in the 1689 Act has evolved into the right of appeal to the Supreme Court and is not a parallel right of appeal alongside the normal rules of civil procedure.

The Scottish Government’s understanding is that the 1689 Act concerned proceedings of the Court of Session and does not entitle an individual to challenge a conviction or sentence of a Scottish criminal court by petitioning the sovereign or the government on Her Majesty’s behalf. The House of Lords never assumed appellate jurisdiction for criminal cases following the Union. The mechanism for challenging a conviction or sentence of a criminal court is by appeal in accordance with the normal rules of criminal procedure. An individual who remains dissatisfied with the outcome of that appeal can ask the Scottish Criminal Cases Review Commission to consider investigating whether a miscarriage of justice has occurred, which can in certain circumstances result in the case being referred back to the appeal court.

The Scottish Government is working with NHS Highland to promote a range of initiatives to recruit and support GPs working in remote and rural areas throughout Scotland.

One strand of work, being supported by £1.5 million funding from the Scottish Government over four years, is to develop and test innovative ways of delivering healthcare in rural Scotland. This funding will be used for programme management and clinical leadership, technology and practice systems to support new models, training and community resilience work.

There are no nationally defined standards or qualifications for Quality Improvements Officers (QIOs). Standards and qualifications required for people appointed as QIOs are set by local authority employers.

The definition of the type of work to be undertaken by staff carrying out the role of the QIO in the education service is agreed by the Scottish Negotiating Committee for Teachers (SNCT) and published on the SNCT website

http://www.snct.org.uk/wiki/index.php?title=Part_2_Section_2

Employers would be expected to ensure that those recruited into such posts would have the necessary skills and competencies to undertake these requirements.

<>The General Teaching Council for Scotland’s Code of Professionalism and Conduct offers guidance to teachers as to how they should behave in relation to pupils which, if adhered to, should minimise the risk of complaints and/or allegations being made against them. In addition, the General Teaching Council for Scotland’s website explains how they deal with any complaints and/or allegation against teachers that they receive: http://www.gtcs.org.uk/fitness-to-teach/teacher-complaints.aspx.

The Scottish Government issued revised guidance in September 2011 on handling of allegations against members of school staff. Schools and local authorities must have procedures in place that meet the needs of both staff and children and young people. It is important that these procedures dovetail with disciplinary and child protection procedures.

Education Scotland's Rights, Support and Wellbeing Team continue to work with local authorities and schools to review, develop, plan and implement policy frameworks on positive relationships and behaviour.

The Scottish Government takes the issue of threats and abuse in schools very seriously.

However, the employment and welfare of teachers in schools is a matter for local authorities. As employers, each authority will have support provisions in place to help support teachers who have been subject to threats abuse and allegations.

The Scottish Advisory Group on Relationships and Behaviour in Schools published guidance in March 2013 better relationships, better learning, better behaviour in response to the Behaviour in Scottish Schools Research 2012 This guidance encourages the development and implementation of school policies which promote positive behaviour and relationships through whole school ethos and values, something which the research notes is considered by staff to be the most helpful approach in schools.

It is for an independent Scotland to decide its own future foreign policy. The current Scottish Government supports a two state solution for the Israel and Palestine situation. The current Scottish Government is supportive of direct negotiations between Israel and Palestine and calls on both parties to work towards a peaceful solution to the conflict.

Determination of legal issues relating to the European Convention of Human Rights (ECHR) is generally for the domestic courts. Where it is considered that the domestic courts have not properly decided any ECHR issue, a direct application may be made to the European Court of Human Rights. This is an inevitable consequence of the UK’s membership of the Council of Europe – a membership Scotland’s Future confirms that an independent Scotland would maintain.

However, where an applicant takes a case to the European Court of Human Rights he or she is obliged to have exhausted all domestic remedies before doing so; an application would not be accepted while a domestic appeal was pending.