Chamber and committees

The Scottish Government believes that access to all EU security, law enforcement and civil judicial co-operation measures are of clear benefit to Scotland. Leaving the EU will put at risk participation in these measures and threatens the deep and special relationship that currently exists between our justice agencies and legal professionals and their EU counterparts including Europol and EUROJUST.

Since the outcome of the EU referendum we have urged the UK Government to provide clarity and certainty on co-operation measures, which have a direct impact on Scotland’s independent Justice system. We believe that access to all of these measures, including data-sharing measures where the protection of personal data is so vital in co-operation on a wide spectrum of matters including law enforcement, is threatened by the exit pathway set by the UK Government to-date and reflected in the negotiating priorities set.

The Scottish Government believes that access to all EU security, law enforcement and civil judicial co-operation measures are of clear benefit to Scotland. Leaving the EU will put at risk participation in these measures and threatens the deep and special relationship that currently exists between our justice agencies and legal professionals and their EU counterparts including Europol and EUROJUST.

Since the outcome of the EU referendum we have urged the UK Government to provide clarity and certainty on co-operation measures, which have a direct impact on Scotland’s independent Justice system. We believe that access to all of these measures, including direct civil judicial cooperation instruments, is threatened by the exit pathway set by the UK Government to-date and reflected in the negotiating priorities set.

The Scottish Government believes that access to all EU security, law enforcement and civil judicial co-operation measures are of clear benefit to Scotland. Leaving the EU will put at risk participation in these measures and threatens the deep and special relationship that currently exists between our justice agencies and legal professionals and their EU counterparts including Europol and EUROJUST.

Since the outcome of the EU referendum we have urged the UK Government to provide clarity and certainty on co-operation measures, which have a direct impact on Scotland’s independent Justice system. We believe that access to all of these measures and agencies, like EUROJUST, are threatened by the exit pathway set by the UK Government to-date and reflected in the negotiating priorities set.

There are no arrangements which (a) the Scottish Government, (b) ScotRail, or (c) Network Rail have entered into to afford trains carrying nuclear fuel south from Georgemas Junction preferential passage.

The detailed fundamental rights impacts of Brexit remain difficult to quantify. Lack of clarity around UK Government intentions and the absence of substantive engagement with devolved interests continue to frustrate efforts to guard against potentially adverse human rights and equality consequences.

It is however clear that the UK’s exit from the EU will remove human rights protections in fields covered by EU law, in particular protections related to the general principles of EU law. This will adversely affect domestic human rights protection in the UK. The UK Government’s European Union (Withdrawal) Bill expressly removes rights of action based on those general principles (paragraph 3 of schedule 1) and will not convert the EU Charter of Fundamental Rights into domestic law (clause 5(4)).

The overall effect of such changes, combined with the UK’s anticipated future isolation from progressive developments at the EU level, is likely to be the erosion of existing safeguards and the loss of opportunities to implement EU-equivalent standards.

The Scottish Government will continue to vigorously oppose all proposals which weaken or undermine human rights and equality in Scotland.

Transport Scotland has contracts in place with its Operating Companies to ensure Scottish trunk roads remain safe, efficient and well managed. The Operating Companies are responsible for the management and maintenance of the trunk road network under five separate contracts across Scotland, with local authorities being responsible for local roads.

As part of their responsibilities, the Operating Companies are contractually required to remove all dead animals from the trunk road network. They are also required to dispose of the carcass of any non-domestic animal in accordance with the requirements of the relevant local authority. This excludes any DBFO or PPP contracts, which have separate management and maintenance contracts in place and currently account for a further 270km of road length.

Transport Scotland is currently developing the requirements for the next generation of Operating Company contracts, which are due for renewal in 2020. As part of this process, existing contractual requirements, including those for the removal of dead animals will be reviewed, however the responsibility for their removal from trunk roads will remain a contractual obligation to be fulfilled by the Operating Companies under the new contracts.

The European Court of Human Rights is an institution of the Council of Europe, rather than the European Union (EU). The Court is established by Section II of the European Convention on Human Rights (ECHR).

UK withdrawal from the EU will not, of itself, directly affect Scotland’s relationship with the Court or alter the UK’s status as a state party to the ECHR.

The UK’s exit from the EU will, however, remove human rights protections in fields covered by EU law, in particular protections related to the general principles of EU law. This will adversely affect domestic human rights protection in the UK. The UK Government’s European Union (Withdrawal) Bill expressly removes rights of action based on those general principles (paragraph 3 of schedule 1) and will not convert the EU Charter of Fundamental Rights into domestic law (clause 5(4)).

The Conservative Party’s 2017 manifesto commits UK ministers to remaining a signatory to the ECHR only for the duration of the current Westminster parliament. The Human Rights Act 1998 will not be repealed or replaced “while the process of Brexit is underway”. But the manifesto undertakes to “consider our human rights legal framework when the process of leaving the EU concludes”.

It is therefore possible that a future Conservative UK Government may seek to withdraw the UK from the jurisdiction of the Court and from the ECHR. If that were to happen it is unlikely that the UK could remain a member of the Council of Europe. Such developments would significantly compound the human rights impact of Brexit.

The Scottish Government fully recognises the importance of the trunk road network to the economy of Scotland and also the communities which it serves. That is why this Government has invested almost £1.5 billion in the maintenance of the network since 2007.

The Government and the national transport agency (Transport Scotland) also appreciate that these vital maintenance works, which are a legal duty on Scottish Ministers under the Roads (Scotland) Act 1984, can be disruptive to businesses and communities. That is why maintenance contractors (Operating Companies) develop a programme of works which seeks to consider and balance these maintenance duties with disruption to journeys.

Factors Considered

Where possible, and where safe to do so, programmes are developed to avoid road closures but also to avoid peak tourist seasons and busier weekdays/times. The Operating Companies also work with local authorities and other stakeholders to review what events may be impacted by any works.

Other factors which influence the traffic management options for works include: -

• road width (for public and road worker safety),

• impacts on ferry/rail/bus services and HGV deliveries

• weather (repairs are better quality and more value for money in good weather)

• impacts on journey times (from traffic models)

• available diversion routes & length of diversion

• traffic flows (volumes, type, purpose)

Unfortunately, even after considering all of this, sometimes closing a trunk road for works is the safest option. This is generally in areas of narrow road widths, where the minimum standard of traffic management required to keep operatives and the public safe does not leave space for traffic to pass.

Scheme Consultation and Assessment

Appropriate consultation is key to the successful delivery of works. The expected disruption from works determines the level of consultation undertaken. For example, gully clearing and grass cutting would likely have no consultation, whereas extensive and deep road repairs would have detailed pre-work engagements. For the larger works, the ‘consultation’ phase of this engagement would generally include contact with emergency services, councils, public transport operators, community groups, the haulage industry, elected members, chambers of commerce and letter drops to affected properties. The feedback from these parties helps to influence the timing and traffic management decisions.

This stage is followed by notification which can include press releases, updates in websites/social media, radio broadcasts, signs on road and emails/letters to stakeholders advising of the scheme details.

For the more disruptive works, the Operating Companies run traffic models to help determine the impacts on journeys. This information is used in the decision making for the choice of traffic management, the timing of the works and also the requirement for diversion routes.

Reviews of this process

Transport Scotland and the operating companies regularly review this scheme development and consultation process, sharing improvements across the various operating company contracts. Recently, this has seen changes that have meant earlier consultation with some parties and widening consultation to include community groups on the longer diversion routes. These changes are often driven by previous consultation responses. Further reviews of the process and associated improvements will be undertaken throughout the life of the maintenance contracts.

I hope that this demonstrates that we are listening to the feedback from road users and businesses. Everyone appreciates that necessary maintenance works can be disruptive but it is important that these works are developed and delivered in a safe manner that balances the needs of the network and the communities and businesses it serves.

Over the last five years, there have been 11 occasions when ScotRail services in the Far North have been delayed by the operations of British Nuclear Fuels trains between Georgemas Junction and Inverness. In context, some 31,500 ScotRail services will have been run over the line during this time (thus, some 0.03 percent of services will have been affected).

The application for the Braemore Wind Farm was referred to the Department for Planning and Environmental Appeals for a Local Public Inquiry (PLI) to be heard. The PLI Report was returned to Scottish Ministers on 4 August 2016.

This PLI report is being given full consideration and the application will be determined in the coming months.