Chamber and committees

Four of the six measures provided for in the Act have been implemented. These are:

• A prohibition on providing or making available fireworks or pyrotechnic articles to children;
• A statutory aggravation for courts sentencing offenders where fireworks were used to attack emergency workers;
• New discretionary powers for local authorities to designate firework control zones; and
• New offences of possession of pyrotechnics in public places and at designated events.

Two remaining measures have not yet been commenced. These are:

• A firework licensing system: whereby anyone who wishes to buy, use or possess fireworks will be required to apply for a licence. As part of the licence application process, applicants will be required to complete a mandatory training course on the safe, lawful and appropriate use of fireworks.
• Restrictions on the days fireworks can be supplied to or used by the public.

Implementation of these measures has been paused in light of the significant challenging financial context and operational and resource implications associated with their introduction. The position remains under review as the Scottish Government continues to consider in the context of how existing measures are impacting the nature and pattern of disorder.

It is not within the power of the Scottish Parliament to legislate for a complete ban on the sale of fireworks as this is reserved to the UK Government and Westminster Parliament.

General enforcement of road traffic offences including speeding is the operational responsibility of Police Scotland.

The Scottish Safety Camera Programme supports automated enforcement through national operational prioritisation and deployment of safety camera resources in accordance with the Scottish Safety Camera Programme Handbook. The Handbook also sets out the existing process of engagement with local authorities to provide localised input through annual site selection. Through targetted camera enforcement, the purpose of the Programme is to improve driver behaviour and reduce injury collisions in line with the Road Safety Framework to 2030.

An annual site prioritisation process is undertaken each year and involves partners including the three regional safety camera units, all thirty-two local road authorities, Transport Scotland for trunk roads and Police Scotland. This exercise acts to identify potential new camera sites which meet the minimum criteria, while at the same time assessing the performance of existing enforcement strategies.

In addition to annual site selection, where there are emerging or short term road safety concerns, all road authorities currently have the ability to request a short term or flexible safety camera deployment as required.

Local authorities have a statutory duty in terms of section 39 of the Road Traffic Act 1988 to promote road safety on local roads and where appropriate, speed calming measures. It is for a local authority to consider appropriate measures which will safeguard road users and residents, and to determine the priority that should be given to any road safety measures. It is not for Scottish Ministers to intervene in a local authority’s day-to-day performance of these particular duties.

The main piece of legislation that controls the sale of alcohol is the Licensing (Scotland) Act 2005 (“the 2005 Act”) and it covers situations where alcohol is sold online and dispatched from Scottish premises.

While the Scottish Government has responsibility for the overarching legislation, the day to day administration of the licensing regime, as set out in the 2005 Act, is devolved to independent Licensing Boards – in effect the 32 Scottish local authorities. Licensing Boards have wide discretion to determine appropriate licensing arrangements according to local needs and circumstances, and their own legal advice.

The Scottish Government will continue to generally engage with a range of licensing stakeholders to help keep the alcohol licensing framework under review.

The 2005 Act makes provision for the licensing of premises in Scotland where alcohol is sold online and despatched from Scottish premises. Licensing legislation also imposes a requirement for a delivery book or invoice to be held by anyone delivering alcohol. There are offences in relation to delivering without such records, and refusal to co-operate with a constable or local authority Licensing Standards Officer (LSO) if they want to inspect their vehicle (or any other form of transport used to conduct deliveries), or records.

The 2005 Act also prohibits late night deliveries of alcohol to a premises – other than a licensed premise – between the hours of midnight and six am. Any person who delivers alcohol or who knowingly allows the alcohol to be delivered commits an offence.

It is an offence to supply alcohol to an under 18 and delivery companies must verify age when delivering alcohol to avoid committing an offence.

Further information is available in this Scottish Government alcohol licensing guidance document for Licensing Boards and local authorities. I would refer you to Chapter 12 ‘Sale and Supply of Alcohol to Children and Young Persons’ and Chapter 13 ‘Other Offences’: https://www.gov.scot/publications/licensing-scotland-act-2005-section-142-guidance-licensing-boards/

The Scottish Government acknowledges the importance of Taxis and Private Hire Car (PHC) vehicles, and wheelchair accessible vehicles in particular, for disabled people.

The Scottish Government’s vision is that all disabled people can travel with the same freedom, choice, dignity and opportunity as other citizens. Scotland’s Accessible Travel Framework is at the heart of achieving that. Alongside this national vision, the Framework provides specific outcomes for accessible travel and a high level action plan to tackle the key issues facing disabled people.

It is important to note that the Scottish Government does not have powers to enforce accessibility requirements on Taxi operators or licensing authorities. This remains reserved to the UK Parliament under the Equality Act 2010.

Nevertheless, the Scottish Government has actively sought opportunities to improve the accessibility of Taxi services where we can, and we would like to see the number of wheelchair accessible vehicles increase.

Taxis and PHCs are licensed in Scotland under the Civic Government (Scotland) Act 1982. The aim of the licensing system is to ensure that Taxi and PHC customers have a safe, reliable and accessible service.

While the Scottish Government has responsibility for the overarching legislation, the day to day administration of the licensing regime is devolved to independent licensing authorities – in effect the 32 Scottish local authorities. All licensing authorities have wide discretion to determine appropriate licensing arrangements according to local needs and circumstances and their own legal advice.

While the Scottish Ministers do not have any specific functions in relation to the day to day operation of the Taxi/ PHC licensing regime in any given local authority area, the Scottish Government can provide best practice guidance to inform and assist local licensing authorities in their decision making.

In May 2023 the Scottish Government published updated best practice guidance for local licensing authorities and Taxi and PHC operators on the licensing of Taxis and PHCs and their drivers. (https://www.gov.scot/publications/taxi-private-hire-car-licensing-best-practice-licensing-authorities-taxi-private-hire-car-operators-3rd-edition/).

I would refer you to Chapter 4 of the guidance, which specifically relates to accessibility requirements. That chapter of the best practice guidance contains information on issues such as legal duties for drivers and operators under the Equality Act 2010.

Written in conjunction with Transport Scotland, local authorities and the Mobility and Access Committee for Scotland (MACS) the Scottish Government best practice guidance was produced to ensure the provision of Taxis and PHCs meet the needs of disabled people.

Work to recruit and appoint a new National Clinical Lead for Palliative Care is ongoing. Further information will be made available in due course.

The Scottish Government supports efforts to encourage voluntary participation in the democratic process and has not assessed the merits or otherwise of compulsory voting.

The Scottish Prison Service (SPS) is an Executive Agency of the Scottish Government. Training for prisons officers is designed and taken forward by the SPS.

SPS recognise the importance of supporting neurodivergence within the prison population, and although there is no standalone training for supporting neurodivergence in prisons, Officer ‘core to role’ training does cover areas which support trauma-informed practice.

SPS continue to engage with their partners, including Supporting Offenders with Learning Disabilities (SOLD), who together with Association for Real Change (ARC), are developing a framework of principles for inclusive justice which will in turn allow SPS to develop standards to improve support to help neurodivergent people in custody.

Data relating to incidents of antisocial behaviour and assaults on trains is held by the British Transport Police (BTP), who regularly share these statistics with Scottish Government officials.

BTP publishes some of the statistics and they can be found on its website: Stats and data | British Transport Police

The numbers of ophthalmology specialty training posts that were advertised and filled are set out in the following table.

Further to my engagement with the sector, I announced on 10 July that the Scottish Government would provide £2 million of direct support to independent Scottish pig producers who have been hit hardest by the market pressures. The Scottish pig Producers Support Scheme opened to applications on 15 July. The support will cover losses between what farmers were paid, and 85% of the Standard Pig Price, between March and August 2026. This vital funding, which is only available in Scotland, will help protect local jobs, sustain Scotland’s pork supply chain, safeguard the Prime Scottish Pork brand, and protect the production of high-quality, high welfare, locally produced food.

I have also written to the UK Government calling for urgent action to support the pig industry, including following our example and increasing resources and investment to improve biosecurity at our borders to prevent diseases such as African Swine Fever entering the country, which have exacerbated the price issues facing the sector.

We will continue to work with the sector through these challenging times.