Chamber and committees

Section 23 of the Children (Scotland) Act 2020 (the 2020 Act) requires the Scottish Ministers to set up an assistance scheme to fund the costs of alternative dispute resolution for individuals in relation to any matters under section 11 of the Children (Scotland) Act 1995 (the 1995 Act), such as child contact and residence cases.

Section 24 of the 2020 Act requires the Scottish Ministers to arrange a pilot scheme of mandatory meetings to provide information to individuals involved in proceedings under section 11 of the 1995 Act on the alternatives to court for resolving disputes.

Until the Scottish Ministers have fulfilled these duties there is a requirement under sections 23(7) and 24(4) of the 2020 Act to lay before the Scottish Parliament six-monthly reports explaining why the duties are not yet implemented and stating when they are expected to be fulfilled.

To date four such reports have been laid and published:

• First Report - Scottish Government website (PDF)
• Second Report – Scottish Government website (PDF)
• Third Report – Scottish Government website (PDF)
• Fourth Report – Scottish Government website (PDF)

The fifth report will be laid in due course.

The Scottish Government plans to produce guidance for individuals, who are considering seeking an order under section 11 of the 1995 Act, on alternatives to court.

The Scottish Government provided an update on implementation of the Children (Scotland) Act 2020 (the 2020 Act) during March of this year in a response to the Citizen Participation and Public Petitions Committee on Public Petition PE1968: https://www.parliament.scot/-/media/files/committees/citizen-participation-and-public-petitions-committee/correspondence/2022/pe1968/pe1968_c.pdf

The Scottish Government is working with the Care Inspectorate with a view to the Care Inspectorate becoming the regulator of child contact services.

We are also considering what other provisions of the 2020 Act we can commence in the next year, but will need to take full account of current budgetary constraints.

While the Scottish Government keeps legislation under review, we have no current plans to introduce a social responsibility levy.

There are no available estimates on the amount of funds that could be raised on the section 14 provision contained within The Alcohol etc. (Scotland) Act 2010, as this provision has not been enacted.

Scottish Ministers would be required to consult on the draft regulations relating to the social responsibility levy if this provision was to be enacted in the future.

As outlined in our draft route map to 20% car km reduction, the scale of the challenge means that we need to take forward a broad combination of interventions, including infrastructure, incentives and regulatory actions. However, we are committed to a Just Transition, and therefore agree with the Commission that our approach must take into account the needs of those who may be less able to reduce their car use, such as carers and those living with a disability, or in rural locations.

We are taking an evidence-based approach to what might work to achieve change, including learning from what others are doing across the UK and in other countries. We have commissioned research on equitable options for car demand management. Using the findings of this and other research, we will work with local authorities and regional partners to support equitable measures that will encourage active travel and use of public transport, for a fairer and greener transport system.

However, we do not have all the levers we need, and are limited by UK Government inaction. The most direct levers on the cost of buying or running a petrol or diesel car – fuel duty and vehicle excise duty – are reserved to the UK Government, and reforms to transport taxes will be crucial in meeting net zero targets. We will continue to call on the UK Government to urgently set out options to replace existing motoring taxes, with meaningful consultation and agreement with the devolved nations.

The Scottish Government is committed to introducing a Bill on ending conversion practices in Scotland. A public consultation containing detailed proposals for legislative change will be published by the end of this calendar year. The consultation will allow us to provide clear and detailed information on our proposed approach in order to obtain views from stakeholders and the broader public.

In developing our proposals we are carefully considering a wide range of evidence and expert advice. This includes the report of the Scottish Parliament’s Equalities, Human Rights and Civil Justice Committee and the report and recommendations of the Expert Advisory Group set up by the Scottish Government.

Any indications of concern would be raised with the local authority. The Scottish Ministers would consider how best to support the local authority including and may seek assurance that action would be taken to address concerns.

In a case of serious financial failure, such as bankruptcy, the Scottish Ministers may make use of legislative powers to ensure appropriate steps are taken to remedy the situation.

As a Non-Departmental Public Body (NDPB), SQA operates at arm’s length to ministers and is responsible for its own operational decisions, including decisions and support and guidance relating to appeals.

Alternative evidence was not required for the appeals service this year which has returned to a Post-Results Service involving a marking review of the exam script and any coursework by a senior assessor who is an experienced teacher or lecturer.

The use of alternative evidence remained available for those learners who really needed it through the Exam Exceptional Circumstances Consideration Service (EECCS) for learners who were unable to attend their exam - for example, through illness or bereavement – or whose performance in the examination may have been affected by personal circumstances.

Guidance for practitioners on estimates and the types of assessment evidence needed to ensure a robust estimate is available on the SQA website at: https://www.sqa.org.uk/sqa/files_ccc/nq-2023-estimates-guidance.pdf . In addition, SQA has various online courses to support practitioners in gathering evidence and determining estimates.

The Edinburgh Tram Inquiry Report contained twenty-four recommendations, all of which are being considered in detail.

The dates of the announcement and establishment of the working groups that are currently active in the Education and Skills portfolio are as follows:

The Scottish Government, in partnership with local authorities, has been pioneering the transition to net zero in schools through the £2bn Learning Estate Investment Programme (LEIP). The LEIP targets the reduction in operational energy - e.g. heat, light, power, catering and ventilation - in new and refurbished projects.

LEIP funding is predicated on the achievement of outcomes, including measuring the amount of energy consumed in comparison with a set target level. To better understand this issue, a comparison was carried out between schools constructed or refurbished to Building Regulation standards and the enhanced specification required to meet the LEIP level. This included, for example, improved insulation, higher levels of airtightness and controlled ventilation with heat recovery. While the cost of these measures varies depending on the individual project, an assessment indicated that costs were likely to be approximately 5-8% higher. While the target energy level is only mandatory with LEIP projects, local authorities have been adopting this approach in other projects across their estates, as well as looking at other measures that could be adopted such as the use of solar photovoltaics, heat pumps or wind turbines.

As the LEIP continues, further measures are planned to support the transition to net zero. These include using zero direct emissions heating systems, encouraging the use of electric vehicles by providing charging infrastructure and introducing a new target for embodied carbon. The cost of achieving these outcomes will vary with individual projects, however, an assessment has indicated a range of 6-7% extra might be required. Many of these initiatives are already being included in projects within the current phases of the LEIP and in local authority investment in their learning estate.