Chamber and committees

The Scottish Government has faced its most challenging budgetary settlement since devolution began – a settlement which has not been inflation-proofed, and which has subsequently required difficult decisions to be made, due to the pressures on our public services. Mindful of our missions and priorities for Scotland, we have had to prioritise legal and contractual obligations in determining how to deploy this budget across Education and Skills priorities. Our children, young people, families and learners of all ages continue to be a key priority for this Government and we will continue to focus on our three central missions of equality, opportunity, and community.

We remain committed to supporting a high quality post-school education, research and skills system with over £2.4 billion investment. This includes honouring this government’s commitment to free tuition and a £2,400 increase in student financial support for higher education students from the next academic year.

We have also made clear our commitment to reform our lifelong education and skills system. This is demonstrated within our 2023-24 Programme for Government where we committed to lead the development of a new funding model for Post-School education provision.

We look forward to receiving the subsequent reports where NUS will set out their roadmap towards an education system that’s collectively shaped by students’ views, values and ambitions which we hope will offer some robust proposals, including funding suggestions to drive forward our commitment to reforming the post-16 landscape.

I am clear that everyone involved with the education system must redouble efforts to ensure children and young people are fully engaged in their learning, in line with education authorities’ responsibilities to follow up and monitor and manage absence.

The Scottish Government has provided national guidance to local authorities and schools – Included, Engaged and Involved Part 1: Promoting and Managing School Attendance. The guidance focusses on engagement and motivation, including for those at risk of poor attendance. It also sets out follow up actions when a pupil is absent from school.

I have also asked Education Scotland to undertake work to better understand the current barriers and challenges experienced by schools, children and young people and their families which influence school attendance. Education Scotland published this report, “Improving Attendance: Understanding the Issues,” on 28 November 2023. In addition, Education Scotland will work with Directors of Education to take forward improvement on attendance as a priority.

The findings from the Behaviour in Scottish Schools Research (BISSR), published in November 2023, provide evidence- on the extent to which pupils are disengaging from learning. Officials are considering these findings and Education Scotland’s work as part of the joint Scottish Government and COSLA action plan on relationships and behaviour, which will be published in the spring.

The Scottish Government is also working with Education Scotland, COSLA and the Association of Directors of Education in Scotland (ADES), to agree meaningful, measurable outcomes in response to the education asks within The Promise.

This aims to improve the experience, achievement, attendance, engagement in learning and attainment of those with care experience and their transition from education.

The UK Autumn Statement was a worst-case scenario for Scotland and confirmed that the Scottish Government Capital Block Grant is forecast to contract by almost 10% in real terms over 5 years (2023-24 to 2027-28). Capital spending pressures across the Scottish Government far exceed available funding This means that it will take longer to deliver all our capital commitments, and difficult decisions were required in order to achieve a fiscally sustainable capital budget. As such, we targeted the limited capital funding available towards supporting employment and the economy, achieving our net zero ambitions and maintaining high-quality public services across Scotland.

A significant proportion of the expenditure in the portfolio is legally and contractually committed, and the budget ensures that those commitments are met in full in this budget as well as allocating funding to support critical maintenance and renewal expenditure to ensure that the people of Scotland have access to a safe and reliable transport system.

The budget process also considered equalities and fairer Scotland duties and progress towards our statutory targets for climate change and child poverty in prioritising the budget available to me. I refer to the Equalities and Fairer Scotland Budget Statement and Carbon Assessment published alongside this budget.

Officials continue to engage with SPT on the implications of the budget decision along with the impact on future spending plans, and SPT are invited to advise Transport Scotland on any impacts of budget decisions on risk to service provision.

The delay regarding the MV Caledonian Isles is regrettable and I recognise the frustration felt by communities as a result. The responsibility for operational decisions regarding ferry services lies with CalMac as the operator. I spoke with CalMac’s Chief Executive on 26 February to convey my concern, and make clear that everything must be done to address capacity and provide assurances for the Arran community and others across the network – particularly as we look towards the Easter break and beyond.

MV Isle of Arran is operating out of Ardrossan and there continues to be additional sailings via the islands secondary route Claonaig/Lochranza. This government will continue to do everything possible to ensure that new vessels enter service as quickly as possible, to deliver the service improvements upon which our islands depend. Delivering six new major vessels to serve Scotland’s ferry network by 2026 is a priority for this Government and currently there are no capacity issues.

As part of our ongoing statutory duty to keep the provisions of the Cost of Living (Tenant Protection) (Scotland) Act 2022 under review, a series of reports have been published setting out the evidence as to why the Scottish Government believes the Act remains necessary and proportionate. You may wish to note that the most recent report was laid in Parliament on 12 January 2024.

To inform the development of this series of reports, Scottish Ministers issued regular ‘Calls for Evidence’ to a wide range of rented sector stakeholder groups in respect of the social, private and student rented sectors – including institutional investors such as the Scottish Property Federation and UK Finance, who were able to share the Call for Evidence with the investor community. Responses to the Calls for Evidence helped inform Scottish Ministers’ statutory ongoing review of the necessity and proportionality of the provisions.

In addition, I am aware that representatives from the Scottish Property Federation and UK Finance are members of the Scottish Government’s Private Rented Sector Stakeholder Group and have been able to feed in their views on the impact of the emergency Act via that forum for some time.

A well-regulated private rented sector is good for both tenants and landlords – whilst also being compatible with investment. We are working to develop a long-term model of rent control that works for Scotland, and I recognise how important it is for this Government to work with the housing sector and others to foster confidence and trust. We will therefore continue to work with stakeholders across landlord, tenant and investor groups to understand their perspectives. The Minister for Housing and I are due to hold a round table with a range of institutional investors later this month.

Running a time-limited pilot of judge-only rape trials was a recommendation of the cross-sector review led by Lady Dorrian, Scotland’s second most senior judge, on improving the justice system in the way it responds to serious sexual offending.

The pilot is part of a package of reforms in the Victims, Witnesses, and Justice Reform (Scotland) Bill that is currently being considered by the Criminal Justice Committee. The Committee has heard a range of views including from some of the most senior, qualified and respected legal voices in the country who have spoken in support of the pilot. Strong support for the pilot has also been voiced by victim support organisations and justice agencies, such as the Scottish Courts and Tribunals Service.

I held a programme of meetings with the legal profession in 2023 to hear their views on the pilot first-hand, and to invite them to work with the Scottish Government as plans for the pilot develop. As I emphasised to the Committee on 7 February, the Scottish Government will work to build consensus as it progresses the pilot and will continue to listen to the voices of partners from across the justice system, as well as, importantly, victims.

The purpose of the pilot is to gather empirical evidence on the most effective way to respond to rape and attempted rape cases. This includes exploring whether changing the decision maker from juries to a judge improves complainers’ experiences (for example, by resulting in shorter, more focussed trials that could minimise re-traumatisation) and whether it removes barriers to victims accessing justice. Judges will be required to provide written reasons for verdicts in the pilot, which will increase transparency, safeguard the rights of accused people, and provide unparalleled insights into the issues, deliberations and challenges in these cases.

The Scottish Government continues to make significant investment in Scotland’s NHS while recognising the need to reform the way we deliver services to meet the changing needs of the people in Scotland. The Government has been clear in the Policy Prospectus and Programme for Government : reform is required. Scottish Ministers have outlined that given the growing demand our health service faces, the NHS requires major reform to ensure that we have a sustainable health service able to deliver the best possible care for patients.

We refute any such suggestion and remain committed to delivering efficient and sustainable ferry service for the Arran community.

The development of the Ardrossan project remains challenging for all partners. The tender design work identified gaps in the original base case submitted by Peel Ports Group and North Ayrshire Council.

The project scope is of vital importance to the business case and cost estimate review work. There is a clear need for a robust business case to support decisions by partners on this scale of project. The impact of recent announcements from Peel Ports Group around the condition and integrity of the existing port infrastructure is under review.

The Scottish Government is not committed to changing the law in this area. However, in line with paragraph 9.15 of the Family Justice Modernisation Strategy Family Justice Modernisation Strategy - gov.scot (www.gov.scot) , the Scottish Government is carrying out a review of section 6 of the Child Abduction Act 1984, on the offence in Scots law of a parent taking or sending a child out of the United Kingdom without consent. As part of this review, we are speaking to key stakeholders to obtain their views. We are also taking account of previous work, such as report 102 by the Scottish Law Commission in 1987 on child abduction Child abduction (SLC 102) (scotlawcom.gov.uk) . I am aiming to publish the outcomes of this review by the Scottish Government, along with Impact Assessments on the effect any change in the law would have, later this year.