Chamber and committees

The Scottish Government’s position is that the short-term let licensing legislation does not contradict the Provision of Services Regulations, the Human Rights Act 1998 (The First Protocol, Article 1), nor The Charter of Fundamental Rights of the European Union (Article 17). The Scottish Government’s position is that the development of the legislation for the short-term lets licensing scheme is in line with the Better Regulation Agenda. The Scottish Government expects local authorities to adhere to the Scottish Regulators’ Strategic Code of Practice when developing their short-term lets licensing procedures and policies.

Before any government legislation is laid at the Scottish Parliament, government lawyers carry out robust analysis to ensure that it is competent. or the licensing legislation, that includes ensuring that the Licensing Order is made within the parameters and powers of the Civic Government (Scotland) Act 1982.

The Scottish Government is in the process of carefully reviewing the responses to the third public consultation on our proposals, which closed on 13 August 2021, with a view to making any further necessary revisions to the licensing legislation.

I refer the member to the answer to question S6W-03027 on 1 October 2021. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

Draft guidance for local authorities on overprovision is set out in chapter 3 of the Licensing guidance part 2: supplementary guidance for licensing authorities, letting agencies and platforms . Paragraphs 3.37 to 3.41 explain how overprovision policies interact with control areas.

Guidance for local authorities on establishing control areas and the reasons and evidence they need is set out in chapter 2 of Planning circular 01/2021: short-term let control areas .

Police Scotland have advised that this has been an exceptionally busy period for the service and particularly for the Contact, Command and Control Division, with an unprecedented call levels to both the 101 non-emergency number and 999 call lines. The COVID pandemic has and continues to place unprecedented pressures on our emergency services. Across Scotland all organisations have had to manage increased leaves of covid-related absence while maintaining service levels.

While delivery of the police 101 service is a matter for Police Scotland, I have sought assurances around its operation and the Chief Constable has outlined a number of improvements, including updated options for callers and system changes to better prioritise calls have been outlined as part of these discussions. Callers to the 101 service are advised if their call is related to an emergency to dial 999. The latest figures show that 999 calls are answered on average within 7 seconds.

We have no plans to review the Antisocial Behaviour Notices (Houses Used for Holiday Purposes) (Scotland) Order 2011 at this time. However, we are always open to listening to the police, local authorities, the court services and communities to see how we can improve the approach being taken to tackle antisocial behaviour for the benefit of all communities.

It is for the crofting Commission to respond to the matters addressed to it in the letter from the Scottish Crofting Federation. However, the Scottish Government will also consider the broader issues relating to crofting policy. We are already committed to addressing neglect and absenteeism, and developing crofting to create more active crofts. We have a strong track record of supporting new entrants and this will remain a priority. We will continue to work with the Crofting Commission and others to ensure that key actions within the Crofting Development Plan are progressed.

Our priority is keeping children, young people and school staff safe. The COVID-19 Advisory Sub-Group on Education and Children’s issues keeps the mitigations in schools and ELC settings under constant review. It considered the issue of parental attendance at school sporting events at its meeting on 21 September. Scottish Ministers are considering the sub-group's advice on this and other issues, and will announce the outcome as soon as possible.

The Clyde and Hebrides Ferry Services (CHFS) and Northern Isles ferry Service (NIFS) operators will always try to ensure that fresh produce freight is moved quickly and effectively. At times of disruption and cancellation they seek to prioritise or move freight hauliers onto alternative sailings or on other routes where possible.

Where feasible on networks, additional or alternative sailings can provide extra capacity on disrupted routes and vessels are often redeployed from around the network to maximise overall resilience. Consideration of appropriate responses to cancellations and disruption on other ferry routes, such as the Irish Sea crossings, are a matter for the operators of these services.

The Programme for Government is largely a one year delivery programme, and does not include all of the activity planned by Government over the full parliamentary period. Therefore although crofting reform has not been included in this year's PfG, work will be undertaken during this parliamentary term to reform the law as stated in our 2021 Manifesto.