Chamber and committees

While the law covering the sale of fireworks is mainly reserved, the Scottish Government has taken steps wherever possible to strengthen the law around access to, and use of, fireworks. The Scottish Government’s most recent legislation, the Fireworks and Pyrotechnic Articles (Scotland) Act 2022, introduced a package of measures intended to reduce harmful and antisocial use of fireworks and pyrotechnic articles, while supporting the safe and responsible enjoyment of fireworks. Animal welfare matters were considered and the Act introduced new discretionary powers for local authorities to designate firework control zones. In some areas, zones have been used to minimise the impact of fireworks on animals during the Bonfire Night period.

The UK Government has recently launched a consultation on fireworks and pyrotechnics in the UK which can be found at: Fireworks and pyrotechnics in the UK - GOV.UK. Within the consultation animal welfare considerations are referred to and views are sought on a number of issues, including on restricting the availability of noisier fireworks to the general public.

We considered both paying Carer Support Payment in full to carers receiving state pension and a recognition payment for those with underlying entitlement, including those receiving State Pension, as part a Multi Criteria Analysis that informed proposals in our 2022 consultation on Scottish Carer’s Assistance. It found that while such payments would have a positive impact on recognising the contribution of these carers, it would require significant investment not targeted at carers on the lowest incomes. Many carers with ‘underlying entitlement’ receive State Pension which is typically paid at a much higher rate than Carer Support Payment.

The 2022 consultation and our response considered a recognition payment for long term carers that could be available to those with underlying entitlement. No decision has been taken on this proposal to date. Any decisions on increasing support for carers will need to take affordability and sustainability into account.

The £340 million funding package to tackle rough sleeping, announced by the UK Prime Minister in July, will be met from within the Ministry of Housing, Communities and Local Government’s existing budget. As the funding does not constitute new departmental spending, it will not generate Barnett consequentials for the Scottish Government.

All households assessed as unintentionally homeless, are considered under the same homelessness legislation and local allocation policies. Access to social housing is determined on the basis of assessed housing need and individual circumstances, and no group receives automatic priority over others. Eligibility for certain housing and homelessness assistance is subject to immigration legislation, which is reserved to the UK Government.

The Scottish Government is committed to meeting its obligations under the Equality Act 2010, including the Public Sector Equality Duty. Responsibility for the accessibility and affordability of outdoor areas is shared across Scottish Government and a range of other public bodies.

Equality and human rights considerations are taken into account throughout Government with an expectation that the impacts of policies on protected groups, including disabled people and minority ethnic communities are assessed. This is supported through impact assessment processes, stakeholder engagement and the use of equality evidence. Closing the gaps in participation in the use of outdoor spaces is challenging, but the Scotland’s People and Nature Survey (SPANS), commissioned by Nature Scot, has showed some progress in the last ten years with respect to equalities groups and it remains an important priority for this Government.

An eight-week investigation by the Mining Remediation Authority has now confirmed that the cause of recent ground movement affecting housing in Coalsnaughton is linked to historic coal mining. This means that remediation and compensation is a statutory responsibility of the Mining Remediation Authority (MRA) as the relevant UK regulator.

The Scottish Government's Population Strategy focuses on four key building blocks: a family friendly nation; a healthy living society; an attractive and welcoming country; and a more balanced population.

The use of stop and search is an operational matter for Police Scotland. Officers do an outstanding job to keep communities safe, as shown by the decrease in recorded crime of almost half since 1991 and by the significant progress that has been made in reducing violent crime over the long term.

Local Heat and Energy Efficiency Strategies(LHEES) support local authorities to take a strategic approach to the delivery of heat networks. The Scottish Government has reviewed all 32 LHEES and found that all local authorities have assessed the potential for heat networks and identified any potential heat network zones in their LHEES. Where appropriate, local authorities have also identified actions to support heat network delivery in their LHEES delivery plans.

There are a range of criminal offences that may be used to prosecute someone who disseminates false information either intending to stir up conflict, hostility or disorder or reckless as to whether their behaviour is likely to have that effect. Depending on the facts and circumstances of the particular case, these may include the common law offence of breach of the peace, the offence of threatening or abusive behaviour at section 38 of the Criminal Justice and Licensing (Scotland) Act 2010 and, where the information is disseminated using the internet or a mobile phone, communications offences at section 127 of the Communications Act 2003.

Where a person communicates a message which is threatening, abusive or insulting and either intends or is likely to stir up hatred against a group defined by reference to their race, or communicates a message that is threatening or abusive and intends to stir up hatred against a group defined by reference to their religion, sexual orientation, age, transgender identity, variations in sex characteristics or disability, the offences of stirring up hatred at section 4 of the Hate Crime and Public Order (Scotland) Act 2021 may be relevant.

Decisions about whether a person's behaviour would amount to any of these laws is a matter for Police Scotland, COPFS and, ultimately, the court, to determine in any given case.

The Scottish Government has no plans at this time to reform the law in this area but we keep the law under continual review to ensure it is effective.

The Scottish Government is providing long term funding to support local authorities to develop and deliver their Local Heat and Energy Efficiency Strategies (LHEES) with funding committed for each local authority of £75,000 per year until 2027-28.