Chamber and committees

As a public body CHS are required by law to operate in line with the SPSO requirements, and all complainants must have recourse to the SPSO as the final stage for complaints. The SPSO has statutory powers to investigate complaints, the National Convener is independent of Government in the exercise of his children’s panel appointment and tenure functions. The Scottish Government has no locus.

These questions are within the statutory domain of the National Convener. The detailed arrangements are operated by Children’s Hearings Scotland in terms of their published complaints policy. Scottish Ministers have no locus, and it is open to the Member to raise these matters with the body directly.

The Scottish Government is currently considering the recommendations in partnership with COSLA. It is important that appropriate consideration and deliberation is applied and a response will be published in due course.

Lothian Buses provided an update on service 69 to Transport Scotland officials in 2022, noting they had no plans to reinstate the service at that time. Most bus services across Scotland operate in an open de-regulated market and have done so since the 1980s. Scottish Ministers do not have the power to intervene directly in the provision of local services. This is solely a matter for individual bus operators who use their own commercial judgement on service routes, frequencies, and vehicle types.

Lothian Buses is owned by the City of Edinburgh, East Lothian, Midlothian and West Lothian Councils. However, it is operated and managed as an arms-length commercial operation by a board of directors. It would remain a matter for the local authority to determine whether there is a social need for a bus service that is not being provided commercially. Local authorities can subsidise these at their discretion.

The Public Interest Disclosure Act 1998 offers legal protections to workers. Workers are defined in the Act where they have a contract or other arrangement to do work or services personally for a reward; their reward is for money or a benefit in kind, for example the promise of a contract or future work; they only have a limited right to send someone else to do the work (subcontract); their employer has to have work for them to do as long as the contract or arrangement lasts; they are not doing the work as part of their own limited company in an arrangement where the ‘employer’ is a customer or client.

Panel members within Scotland’s children’s hearings system are volunteers. The inclusion of volunteers within the Act is a matter for the UK government. By virtue of Schedule 2 Children's Hearings (Scotland) Act 2011 the Panel members are appointed by the National Convener rather than Scottish Ministers.

Ministers and Scottish Government officials have clearly and comprehensively explained the Scottish Government’s position in relation to the matters raised by the group of former panel members and their representatives on numerous occasions dating back several years.

Scottish Ministers are satisfied that there are appropriate safeguards and procedures in place for any panel member to raise a concern or complaint via the Children’s Hearing Scotland (CHS) complaints procedure, with appropriate recourse to appeal to the Scottish Public Services Ombudsman. As such, Scottish Ministers do not feel it is appropriate to raise this subject with the UK Government

I met with the Chair and Chief Executive/National Convener of Children’s Hearings Scotland (CHS) on March 21, 2024 and discussed a range of issues relating to the operation of the tribunal element of the children’s hearings system, including matters related to the functions of the National Convener namely children’s panel capacity and CHS plans for the retention, recruitment and training of children’s panel volunteers.

The position described is entirely a matter for the CHS Chair. The Scottish Government is aware that the Chair of Children’s Hearings Scotland has been pleased to meet with other Members. The Member may wish to meet the Chair to seek further reassurance that these matters have been fully and appropriately addressed.

Ministers and Scottish Government officials have clearly and comprehensively explained the Scottish Government’s position in relation to these matters to the former panel members and their representatives on numerous occasions dating back several years. A summary of the provided information follows:

- The Children’s Hearings (S) Act 2011 provides that the terms and conditions of children’s panel membership are for the National Convener of Children’s Hearings Scotland (CHS). The National Convener’s independence in discharging his functions are set out in the same statute. Scottish Ministers and Scottish Government officials have no role in decisions regarding recruitment, tenure or training of panel members and any departure from that would not be appropriate.

- The National Convener reports to the Board of CHS on the performance of his duties. Any complaints about the National Convener, members of staff within CHS, or CHS policies and procedures, should be directed to the CHS Board.

- The Scottish Public Services Ombudsman has confirmed that the CHS complaints procedure is compliant with their standards. CHS has satisfied itself regarding the suitability of its complaints procedure, including taking external advice. No concerns therefore arise for Scottish Ministers or Scottish Government officials.

The Scottish Government has exhaustively explained the position and has confirmed that there is no appropriate locus for Ministers or officials in these matters, so it would not be appropriate to meet the group.

As a public body, Children’s Hearings Scotland (CHS) is required to operate its complaints policy in line with the Scottish Public Service Ombudsman (SPSO) model complaints handling procedure. This includes recourse to the SPSO as the final stage for complaints.

The Scottish Government has always recognised the importance of Scotland’s international connectivity. Our ambition is to make Scotland at least as well connected as peer nations. Transport Scotland, in partnership with VisitScotland and Scottish Development International, works to help Scotland’s airports secure new routes that are essential for inbound tourism, business connectivity and the economy as a whole. Recent successes include direct routes from Atlanta, Calgary and Beijing and we look forward to welcoming the arrival of a new airline for Scotland later this month, with JetBlue launching their first ever Scottish service to New York JFK.

Representatives from the cross government partnership recently took part in the route development forum Routes Europe 2024, meeting with a number of airlines to discuss future opportunities and promote Scotland as a market that can sustain more direct connectivity.

The Scottish Government recognises that tax is one factor in airlines’ decision-making on where to fly. We will review the rates and bands of Air Departure Tax prior to the implementation of the tax once a solution to the Highland & Islands exemption has been identified.