Chamber and committees

The Scottish Government recognises that children whose behaviour has caused harm will also often be the victims of abuse or neglect. The Bairns’ Hoose will be an environment in which this context can be understood and positive interventions can be made to prevent further harmful behaviour.

A key consideration in the development of Bairns’ Hooses which will be taken into account in the development of the policy will be balancing the rights of victims and those of children whose behaviour has caused harm. We recognise the potential tension between the rights of victims and those of children whose behaviour has caused harm and, as such, addressing issues that may arise due to competing interests will be a fundamental consideration as we develop our plans for a national Bairns’ Hoose model.

Our approach is rights-based in line with the United Convention on the Rights of the Child (UNCRC), The Promise and Getting it Right for Every Child (GIRFEC) in recognising that all children must receive the right help at the right time.

The Scottish Government will undertake a comprehensive awareness raising campaign which will run across a range of channels including TV, Radio and digital to ensure people are aware of the new legislation and encourage compliance. This will include material to support third sector stakeholders and messaging on the importance of using reputable tradespeople including signposting to local government Trading Standards.

The Strategic Framework within Scotland’s Scams Prevention, Awareness and Enforcement Strategy, published in 19 March 2021, focusses on prevention, disruption, awareness, education and enforcement. This is intended to help all consumers with practical steps they can take to recognise common scam tactics and avoid the risk posed by this criminal activity.

Further advice can be obtained from consumeradvice.scot which is a free consumer helpline funded by the Scottish Government.

The Scottish Government’s public agencies are running promotional campaigns to support responsible enjoyment of the countryside, as part of the wider national visitor management strategy co-ordinated by VisitScotland. This includes messaging which relates to responsible lighting of fires, strongly emphasising for example the use of camping stoves. It also highlights the need to follow any relevant local guidance and promotes sensible behaviours. The campaigns are being taken forward through both traditional and social media, including work with online influencers to help reach audiences that are otherwise difficult to engage.

Figures show there has been widespread public engagement with these campaigns over the summer period.

£2.75 million has been allocated by Scottish Ministers this year for the Better Places Green Recovery Fund, administered by NatureScot, which partly provides for additional seasonal rangers to promote responsible behaviour. We are also providing our National Parks with an extra £3.6 million in 2021 which will support, among other things, seasonal rangers.

In addition, land managers have been advised to use time limited local signage or other communication methods to inform people when there are high risk conditions, working with local authorities and National Park Authorities.

As set out in the Draft Business and Regulatory Impact Assessment, which was published on 20 June in conjunction with the consultation paper on the introduction of new legislation on the sale and use of fireworks in Scotland, and tackling the misuse of pyrotechnics Police Scotland has been a key driver in requesting the proposed offence and related stop and search power for pyrotechnics.

The new offence provisions will require Police Scotland to refresh their guidance on stop and search and pyrotechnics that is currently in place for their officers. Police Scotland has confirmed that there will be no additional resources required. Similar powers already exist for a person having an offensive weapon or dangerous instrument with them in a public place without reasonable excuse or lawful authority and it is anticipated that the proposed new offence will be enforced in a similar manner. In due course it is hoped that the new offence and stop and search power for pyrotechnics will make our communities safer and reduce public disorder thereby reducing the number of police operations.

The Scottish Government is working constructively and collaboratively with the Law Society of Scotland, the Scottish Solicitors Bar Association and representatives of several bar associations to co-design and deliver a wide range of measures in recognition of the important role in the Justice system of vital legal aid services in Scotland as we emerge and recover from the pandemic.

As well as delivering the first stage of an uplift to legal aid fees of more than 10% over the next two years, the Scottish Government is providing up to £1 million over the next 2 years to support 40 legal aid traineeship posts. The Legal Aid Traineeship fund will increase the capacity and capability of the legal aid profession in Scotland by providing employment and training opportunities. The funding also aims to increase diversity and equality within the legal profession by the recruitment and retention of trainees from under-represented groups across the legal profession including people with a disability, from minority ethnic communities or from socio-economically disadvantaged backgrounds.

We are always ready and willing to listen to those tackling antisocial behaviour directly in our communities – they have the knowledge and expertise and we value their views. In our regular discussions with Police Scotland and local authorities on these issues, there have been no calls for the Scottish Government to consider an increase in the level of Fixed Penalty Notice for antisocial behaviour.

We therefore have no current plans to increase the penalty. Any proposed increase would have to be carefully considered to ensure the change was effective, proportionate and avoided unintended consequences.

Police management information, while a useful tool, should be used with caution. These are not official statistics and should not be taken as indicative of longer term trends. Due to the exceptional circumstances of the last year, caution is even more necessary when considering the information for 2020-21, as a rise in complaints and neighbour disputes in relation to potential breaches of COVID-19 restrictions are included.

Measuring change in antisocial behaviour over time is best done using population-based measures and all the evidence points towards a long-term, sustained reduction in Scotland. For example, the Scottish Crime & Justice Survey shows the proportion of adults who feel people behave in an antisocial manner in their area has fallen from 46% in 2008-09 to 33% in 2019-20 (with no change identified between 2018-19 and 2019-20).

We remain committed to tackling all forms of antisocial behaviour while recognising the progress made and will continue to work with partners to deliver the best outcomes for communities.

The Scottish Government has awarded grants totalling £2,235,789 from the Coronavirus Resilience and Recovery Fund for Legal Aid (CRRF). Applications from 84 firms and law centres have been approved and 1 grant is pending subject to a recalculation of award, which is now in the process of being concluded.

The total number of applicants who did not meet the criteria for funding is 195 and is broken down into the following categories:

1. The applicant’s legal aid income did not meet the criteria – 22 applications.

2. No shortfall in applicant’s income was calculated compared with casework prior to pandemic, against the criteria for funding – 124 applications.

3. Applicants demonstrated no shortfall in expected fee income, against the criteria for funding, and have been or will be paid other forms of government support in excess of this sum - 49 applications.

Scottish Ministers made a commitment to keep the CRRF under review and have worked in collaboration with the Law Society for Scotland, the Bar Associations and the Scottish Solicitors’ Bar Association on the co-design and eligibility criteria of a new fund.

An announcement by the Scottish Government was made on 4 August 2021 to launch a new £6.7 million Legal Aid Business Support and Recovery Fund, in support of the Government’s Renew, Recover and Transform Programme which aims to deliver a wide range of measures in recognition of the important role in the Justice system of vital legal aid services in Scotland as we emerge and recover from the pandemic.