Chamber and committees

I provided an update to the Scottish Parliament on this issue when I appeared before the Parliament’s Criminal Justice Committee on 27 March 2024 to give evidence to the Committee on The Dangerous Dogs (Compensation and Exemption Schemes) (Scotland) Order 2024 .

The Scottish Government is continuing to engage with Police Scotland, local authorities and animal welfare organisations in relation to the new safeguards and this includes in relation to how XL Bully dogs can be identified.

The conformation standard guidance document XL Bully dogs: applying the conformation standard - gov.scot (www.gov.scot) on the Scottish Government website is intended to be used to assist all those involved in the operation of the safeguards relating to XL Bully dogs in Scotland. This includes law enforcement, local authorities, animal welfare organisations and owners of dogs that may be XL Bully dogs.

The conformation standard guidance document also includes a video from ‘Blue Cross UK’ to show how to measure a dogs height.

The powers to mandate community benefits are reserved to the UK Government.

The Onshore Wind Sector Deal, signed in September 2023, builds on the success of Scottish Government Good Practice Principles and commits the sector to updating the register of Community Benefit on an annual basis. This will ensure greater transparency and effective reporting on the benefits offered to Scotland’s communities.

The register, administered by Local Energy Scotland on behalf of the Scottish Government, indicates that 273 developments offered over £26 million worth of community benefits to Scottish communities in the past 12 months. The register can be accessed here: https://localenergy.scot/community-benefits-register/ .

We continue to call on the UK Government to explore mandating community benefits and shared ownership of onshore renewable energy projects alongside plans for electricity transmission networks.

The Scottish Government is committed to working with partners to continue to grow a thriving community energy sector. The latest Community and Locally Owned Energy statistics show that, at the end of December 2023, there was an estimated 1,028 MW of community and locally owned renewable energy in Scotland. This is a progression of 51% towards the Scottish Government’s target of 2 GW of community and locally owned energy by 2030.

Our target includes different types of community and local ownership to reflect the different needs, requirements and opportunities available to communities across Scotland. It also recognises the role these projects play in making Scotland’s net zero transition more local, democratic and inclusive, with energy projects and solutions better tailored to local needs.

As set out in the draft Energy Strategy and Just Transition Plan (ESJTP), the Scottish Government is committed to maximising the benefits flowing into our communities from a just energy transition. The final ESJTP will build on this commitment, as well as the successes of our Community and Renewable Energy Scheme, the Onshore Wind Sector Deal and our Good Practice Principles, to support sustainable and thriving communities as part of our renewables revolution.

I welcome this report and look forward to discussing it with Community Energy Scotland and partners to explore actions to further grow a thriving community energy sector in Scotland.

Timescales for the legislative process are set out in the Scottish Parliament’s Standing Orders (for example in relation to Scottish Statutory Instruments) or are determined by Parliament on the advice of the Parliamentary Bureau (for example in relation to target dates for the completion of stages of Bills).

When the Scottish Government contributes its perspective to timetabling discussions it seeks to balance the need to make progress in delivering its legislative programme with the need for Parliament to be able to appropriately scrutinise that legislation, whilst also recognising the role of parliamentary authorities and the time they need in supporting members ahead of amending stages of Bills.

There is no register of people in Scotland qualified to draft legislation, neither is there a defined category of person qualified to provide these services. Therefore, the Scottish Government can only answer this question in relation to its own drafters.

The Parliamentary Counsel Office drafts all Scottish Government Bills. The Scottish Government currently has 23 parliamentary counsel (21.5 FTE). All parliamentary counsel are qualified lawyers. There are no additional special qualifications needed to be appointed as parliamentary counsel but the Scottish Government does invest heavily in training counsel in the specialist skills needed to draft primary legislation.

Lawyers within the Scottish Government Legal Directorate (SGLD) draft most Scottish Government secondary legislation, including Scottish Statutory Instruments. As of April 2024 there were 192 qualified solicitors in SGLD who may be asked to draft legislation as part of their duties.

We have no current plans to regulate for the provision of swift nest bricks in planning applications for new buildings.

All planning applications must be determined in accordance with the development plan unless material considerations indicate otherwise. Following the publication and adoption of our Fourth National Planning Framework (NPF4) in February 2023, this forms part of the development plan and so influences planning decisions across Scotland. Improving biodiversity is a cross-cutting theme which runs throughout NPF4 and our strategy and policies support development that helps to secure positive effects for biodiversity. It will be a matter for the relevant planning authority to determine what conditions, if relevant, to apply to individual planning application based on the circumstances of the individual case.

It would not be appropriate to comment on a live application. A decision will be taken by Ministers in due course, following consideration of the application information, consultation responses and representations made by members of the public.

We are committed to help deliver drug checking facilities across Scotland and are making progress to establish this service in three pilot areas (Dundee, Aberdeen and Glasgow), alongside a national hub which will be able to provide additional analysis of samples.

We have highlighted our desire to introduce these facilities to the Home Office as any activity which involves the possession of controlled drugs would require a Home Office licence. As a result, the Home Office have provided a set of criteria to assist in the completion of these licence applications and which they would expect any prospective drug checking facility to adhere to. That information has been shared with those pilot areas and we continue to provide them with support.

However, these criteria make clear that such a license would only be granted for a facility attached to an existing drug treatment service, and that it be specifically targeted at those with problem substance use. Furthermore, UK Ministers have been clear in their opposition to ‘front of house’ drug checking, as might be found in festivals and other venues, and so would not grant a license for such a service.

We welcome interest from further cities or organisations who would wish to implement this harm reduction measure in alternative venues, including music festivals. We would be willing to work with them, and partners such as Police Scotland, to explore what might be possible in Scotland.

Securing positive effects for biodiversity is one of six statutory outcomes for the National Planning Framework, as identified in section 3A(3)(c) of the Town and Country Planning (Scotland) Act 1997, as amended. National Planning Framework 4 (NPF4) was adopted and published on 13 February 2023. Improving biodiversity is a cross-cutting theme which runs throughout NPF4 and our strategy and policies support development that helps to secure positive effects for biodiversity.

National Planning Framework 4 Policy 3 (c), which relates to local developments, is underpinned by NatureScot’s Developing With Nature guidance published on 13 February 2023. This guidance includes 24 measures that development can incorporate to enhance biodiversity, one of which is Homes for Small Birds (measure 13).

Current building regulations include a standard which promotes sustainable development, including advice on how biodiversity can be well served as a topic in new school developments – this is published under Aspect 4 of our ‘statement of sustainability’, standard 7.1 in the Non-domestic Technical Handbook . We plan to revisit this topic, in the context of other ongoing activity, to understand further opportunities for building regulations to make a positive contribution to biodiversity within new developments.