Chamber and committees

The construction of new housing that has low energy use will reduce the associated carbon emissions and assist in mitigating against the impacts of climate change. A certified Passivhaus may be considered one example of such a low energy building.

In response to a 2018 ‘call for evidence’ on review of energy standards set by building regulations, the Passivhaus Trust suggested that, as a proven low-energy standard, Passivhaus could be a useful tool for the Scottish Government to achieve its carbon reduction aspirations. However, they also recognised that simply setting Passivhaus as the required standard for all new construction was unrealistic.

In response, we have committed to investigate how the principles of Passivhaus and similar low energy standards can be applied as part of review of energy standards for new homes from 2021.

No assessment specific to the health benefits of living in a certified Passivhaus have been made by the Scottish Government.

Research has been carried out on behalf of Scottish Government to investigate occupier influence on indoor air quality in dwellings. The conclusions from this research informed changes to the building regulations to increase the size of background ventilators and introduce provision of a carbon dioxide monitor within new homes. The monitor should raise occupant awareness of carbon dioxide levels (and therefore other pollutants) present in their homes and of the need for them to take proactive measures to increase the ventilation.

Additional research is proposed to further understand ventilation and indoor air quality issues.

It would not be appropriate for the Scottish Government to comment on individual cases. In relation to prisons, the Scottish Prison Service carry out risk assessments when deciding where a prisoner should be housed. These risk assessments take account of risks to the individual prisoner, to other prisoners and to staff. More generally, the Scottish Government supports the single sex exceptions in the Equality Act 2010 which allow women-only services and allow services to exclude trans people when this is proportionate and in pursuit of a legitimate aim. These will not change under our proposals.

That is not the general approach in Impact Assessments. Instead, the approach is to outline the information and the sources. Paragraphs 10 and 11 of the section on sex in the draft Equality Impact Assessment refer to this research to specifically associate that research with what is stated in paragraphs 10 and 11. The current consultation asks a specific question on the draft Impact Assessments. We welcome comments on the drafts and information consultees have on any other relevant research.

There is provision in section 9 of the draft Bill that an application can be made to the sheriff court to revoke a gender recognition certificate on the ground that the application for the certificate was fraudulent. There is already provision in section 8 of the Gender Recognition Act 2004 (which would be replaced for Scotland by the provision in section 9 of the draft Bill) which enables the courts to quash a gender recognition certificate on the ground that it was secured by fraud. It would be for the courts to determine whether or not an application was fraudulent, as has been the position under the 2004 Act. Some non-exhaustive situations which might result in a suggestion that an application was fraudulent could include the spouse or civil partner of the applicant saying they believe the application to be fraudulent; information being passed to the Registrar General suggesting the application was fraudulent; and the applicant boasting they had made a false declaration or application to test the system.

The review of current evidence we carried out when preparing the draft Equality Impact Assessment did not find any relevant research from these jurisdictions in relation to these statements. We welcome comments any information consultees have on any relevant research.

The Scottish Government is currently dealing with requests in this area under the Freedom of Information (Scotland) Act 2002 and will publish the answers to these requests shortly.

Countries such as the Republic of Ireland have penalties for providing false information in relation to applications for gender recognition. The Scottish Government is not aware of the gender recognition system in Ireland, where it is a criminal offence for an applicant for gender recognition to knowingly or recklessly provide information that is false or misleading, being misused. We are happy to consider any international evidence on gender recognition systems which the member or others may wish to provide.

This report covers a wide range of areas. It includes a section on prisons and the Scottish Prison Service carries out risk assessments when deciding on where prisoners should be housed. The Report also discusses the exceptions in the Equality Act 2010 which allow women-only services and allow services to exclude trans people when this is proportionate and in pursuit of a legitimate aim. As the consultation makes clear, the Scottish Government supports these exceptions. The consultation also notes that the 2010 Act is generally reserved and that it could be helpful for the UK Government to issue guidance on the exceptions.

That is not the general approach in Impact Assessments. Instead, the approach is to outline the information and the sources. Paragraphs 10 and 11 of the section on sex in the draft Equality Impact Assessment refer to the research by Dr Dunne, to specifically associate that research with what is stated in paragraphs 10 and 11. The current consultation asks a question on the draft Impact Assessments. We welcome comments on the drafts and any information consultees have on other relevant research.