Chamber and committees

In accordance with the Sewel Convention and in line with Rule 9B of Standing Orders, the UK Parliament should not legislate with regard to devolved matters – that is on matters within the legislative competence of the Parliament, or which change the competence of the Parliament or the Scottish Ministers – without the consent of the Scottish Parliament.

Within the legislative programme announced by the UK Government, Bills which appear to give rise to the requirement for the legislative consent of the Scottish Parliament are:

• Animal Welfare (Livestock Export) Bill
• Automated Vehicles Bill
• Comprehensive and Progressive Agreement for Trans-Pacific Partnership Bill
• Criminal Justice Bill
• Investigatory Powers (Amendment) Bill
• Tobacco and Vapes Bill
• Data Protection and Digital Information Bill (carried over) – legislative consent memorandum already lodged
• Economic Activities of Public Bodies (Overseas Matters) Bill (carried over) – legislative consent memorandum already lodged.

In addition, the following Bills extend to Scotland. The Scottish Government will consider the need for legislative consent when the text of these bills is available, but we do not currently expect they will generate a requirement for a legislative consent motion.

• Media Bill
• Terrorism (Protection of Premises) Bill
• Offshore Petroleum Licensing Bill
• Digital Markets, Competition and Consumers Bill
• Victims and Prisoners Bill (majority of provisions apply to England and Wales)

The Scottish Government will consider the content of all Bills before making its recommendation to the Parliament on legislative consent. It will then be for the Scottish Parliament to determine whether to give or withhold consent.

It is possible that legislative consent may be required for other UK Bills and those will be drawn to the attention of the Parliament as they arise.

All vessels authorised to operate in Scottish waters do so under the appropriate licences, and are obliged to follow Scottish domestic management rules. This includes a mandatory requirement for all vessels, including EU vessels, operating in UK waters to report any incidental injury or mortality (bycatch) of marine mammal to the Marine Management Organisation.

We take any infringements of fishing vessel licence conditions seriously, including those relating the reporting of marine mammal bycatch. We continue to remind masters of their obligation to record and report incidental mortality and serious injury (bycatch) of marine mammals in accordance with their licence condition and will investigate any reports where there is evidence which suggests this condition is not complied with.

While the management of Scottish waters is an area of devolved competency, the Scottish Government continues to work with the UK Government and other devolved administrations through the delivery of the Marine Wildlife Bycatch Mitigation Initiative (BMI) which is a joint plan for tackling bycatch across the UK with the aim of minimising, and where possible eliminating, bycatch of sensitive marine species.

Funding for the HS2 programme has been provided by the UK Government to the Department for Transport (DfT) who manage the project, at UK Spending Reviews.

The Scottish Government receives Barnett funding based on the movements in DfT’s total budget.

As the UK Government have indicated that all funding for HS2 will be retained by the DfT for other projects, there should be no loss of Barnett funding.

However, this funding falls partly into the next UK Government Spending Review period and confirmation of funding levels will only be confirmed once the Spending Review has concluded.

Assessments are made at local level of the potential impacts of non-native species on adjacent or nearby habitats, through implementation of the Forestry Environmental Impact Assessment Regulations (EIA), and the implementation of the UK Forestry Standard (UKFS) and associated guidance.

The EIA Regulations process ensures assessment of the potential environmental and social impact of non-native tree species seeding into other habitats. Where the new woodland proposed is adjacent to European designated site, a Habitats Regulations Appraisal (HRA) is also required to assess potential impacts. The UKFS and associated guidance also requires appraisals to be made of the potential impact of productive woodland on neighbouring habitats, as part of both woodland creation applications and Long-Term Forest Plans.

The Scottish Government’s policy towards spending by local authorities is to allow them the financial freedom to operate independently. As such, most funding is provided by means of a block grant.

Local authorities are responsible for managing their own budgets and allocating the total financial resources available to them, on the basis of local needs and priorities, which includes the needs of care experienced children and young people; having first fulfilled their statutory obligations and the jointly agreed set of national and local priorities.

The Scottish Government recognises the financial challenges that local government are facing and that local authorities and their employees play a crucial role in our communities. In the most challenging budget settlement from the UK Government since devolution, the Scottish Government is providing nearly £13.5 billion in the 2023-24 Local Government Settlement. Since the flat-cash position set out in the 2022 Resource Spending Review, the Scottish Government listened to local authorities and has already increased the resources available to Local Government this year by over £793 million.

Funding is also provided to local authorities through targeted initiatives. For example, the Care Experienced Children and Young People Fund has provided £60m to local authorities to help support the attainment and wellbeing of care experienced children and young people. The funding benefits a wide group, with care experienced children and young people from birth to the age of 26 being eligible for support through the fund.

The Scottish Government is currently considering the support offer available to care experienced children and young people, and to young people moving on from care into adulthood. Work is progressing to engage with delivery partners to understand how we can better target holistic support for the care experienced population to help improve outcomes and empower children, young people and families to thrive.

I have commissioned an external research exercise to consider how best to progress the commitment to reduce class contact time by 90 minutes per week. Any reduction in class contact time will, additionally, require the agreement of the Scottish Negotiating Committee for Teachers.

The research exercise will inform decisions on education workforce planning for future years, bringing together a range of factors, including current teacher numbers and pupil teacher ratios. The research is due to report by the end of December.

The Scottish Government remains committed to medium and long term solutions to address the landslip risks at the A83 Rest and Be Thankful. This scheme is a priority for the Scottish Government, it is a key recommendation in STPR2, it is included in the Programme for Government 2023 to 2024 as well as the First Minister’s Policy Prospectus.

The recent exceptional rainfall on the A83 at the start of October resulted in seven landslides reaching the A83 trunk road, encompassing two very significant landslides at the A83/A815 junction, four landslides at Glen Kinglas and one small landslide at the Rest and be Thankful. Four further landslides were captured by hillside mitigation above the trunk road that includes pits, bunds and catch-fences, with two slips occurring at Glen Kinglas and two at the Rest and be Thankful.

The recent storm events in the areas have not impacted the development of the scheme, and we are still very much focussed on progressing this scheme as quickly as we are able to bring the benefits to those who use the A83.

While the management of Scottish waters is an area of devolved competency, the Scottish Government continues to work with the UK Government and other devolved administrations through the delivery of the Marine Wildlife Bycatch Mitigation Initiative (BMI) which is a joint plan for tackling bycatch across the UK to minimise, and where possible eliminate, bycatch of sensitive marine species. This includes an objective to improve our understanding of bycatch through monitoring, which we continue to do through our observer programmes.

Sustainability, support for biodiversity, and consideration of the wider ecosystem is at the heart of how we manage Scotland’s fisheries and protect our marine environment. For this reason, actions contained within both Scotland Fisheries Management Strategy and in the Blue Economy Vision for Scotland, sets out our ambition for the sustainable management and shared stewardship of Scotland’s seas and coasts.

The Future Catching Policy will take concrete action to support fishers to avoid bycatch of fish and other sensitive marine species – the aim is to reduce waste and increase the sustainability of the Scottish fishing fleet. As a first priority, we will take firm measures to increase selectivity by introducing additional technical measures were required to reduce unwanted catch, working with stakeholders to explore and deliver solutions.

The Community and Renewable Energy Scheme (CARES) supports communities across Scotland to participate in, and benefit from, the energy transition to net zero emissions. Since its inception, CARES has offered funding of over £61 million to over 800 projects and helped support the installation of 58.6 MW of renewable energy.

CARES funding is allocated across financial years. The breakdown of funding offered to groups for financial years 2018-19, 2019-20, 2020-21, 2021-22 and 2022-23 by local authority area is set out in the following table.

CARES is a demand-led scheme, and so relies on organisations submitting successful applications for funding. This means that there is often a difference between the CARES budget and the funding offered to projects.

The figures provided below relate to the date when funding was offered, and so do not necessarily correlate to when the funding was drawn down or spent by communities.

Statistics relating to Adult Disability Payment are published quarterly – the latest releases covers the period to 31 st July 2023 and is available on the Social Security Scotland website:

Social Security Scotland - Adult Disability Payment: high level statistics to 31 July 2023

Table 1 of the publication provides statistics on the number of applicants there have been for Adult Disability Payment, and Table 8 provides statistics on processing times. We can't provide data on longest processing times as we are unable to report on individual cases.