- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
-
Date lodged: Monday, 03 July 2023
Submitting member has a registered interest.
-
Current Status:
Answered by Patrick Harvie on 31 July 2023
To ask the Scottish Government for what reason some joint tenancies, in situations where some tenants are moving out and others are remaining in the property, are reportedly not covered by the rent cap.
Answer
The Private Residential Tenancy was designed so that one tenant cannot terminate a joint tenancy on behalf of all the joint tenants, as this could result in a person who wished to stay in the let property being made homeless when another tenant chooses to leave.
Current legislation does give the landlord the right to decide not to agree to continuing the existing tenancy in those circumstances and can request that a new tenancy be issued at the point of a new person moving into the property. As the rent cap element of the emergency Cost of Living (Tenant Protection) (Scotland) Act 2022 applies only to in-tenancy rent increases, where a new tenancy is created the landlord is able to increase the rent being requested.
Whilst we believe the emergency Act is bringing significant extra protections for people living in the private rented sector during the ongoing cost crisis, it was not able to make more fundamental changes to the Private Housing (Tenancies) (Scotland) Act 2016 with respect to joint tenancy arrangements.
We are committed to taking forward longer-term reform to the rented sector and as part of our work to deliver a New Deal for tenants we are considering joint tenancy issues in the private rented sector, including the existing approach to ending such tenancies.
- Asked by: Mark Griffin, MSP for Central Scotland, Scottish Labour
-
Date lodged: Monday, 03 July 2023
Submitting member has a registered interest.
-
Current Status:
Answered by Patrick Harvie on 31 July 2023
To ask the Scottish Government what assessment it has made of how many tenancies currently in operation may not be covered by the rent cap.
Answer
The Cost of Living (Tenant Protection) (Scotland) Act 2022 aims to ensure that the majority of tenants living in the private rented sector are protected by the temporary, emergency measures.
Tenancies under the Rent (Scotland) Act 1984 are exempt from the temporary rent cap, and there are only a small number of remaining tenancies under this Act. For these tenancies, rent increases can only occur every 3 years and the restrictions on rent increases already built into the system operate to ensure rents in respect of the 1984 Act are raised at fair levels.
Certain tenancies under the Housing (Scotland) Act 1988 are not covered by the rent cap. The Housing (Scotland) Act 1988, as amended by Schedule 1 of the Cost of Living (Tenant Protection) (Scotland) Act 2022, sets out that the rent cap will apply to rent increases during the course of assured and short assured tenancies, except in the case of an exempt tenancy ( section 23A, Housing (Scotland) Act 1988 ). Common law tenancies are also not included, for example, agricultural tenancies.
We do not centrally hold data on the total number of tenancies described above, so it is not possible to provide the number of tenancies currently in operation that are not covered by the Cost of Living (Tenant Protection) (Scotland) Act 2022 rent cap measures.
- Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
-
Date lodged: Monday, 03 July 2023
-
Current Status:
Answered by Michael Matheson on 31 July 2023
To ask the Scottish Government, further to the NHS National Services Scotland safety action notice issued on 22 February 2023, whether it has a copy of any NHS board contingency plans in place to deal with an adverse incident involving reinforced autoclaved aerated concrete planks should it occur.
Answer
The Scottish Government does not hold NHS Boards' Business Continuity Plans and the responsibility for ensuring appropriate contingency arrangements are in place lies with the individual NHS Boards. Once the extent of reinforced autoclaved aerated concrete in the NHS Estate is fully understood, NHS Boards will be able to incorporate appropriate plans into their Business Continuity Plans.
- Asked by: Donald Cameron, MSP for Highlands and Islands, Scottish Conservative and Unionist Party
-
Date lodged: Monday, 03 July 2023
-
Current Status:
Answered by Jenny Gilruth on 31 July 2023
To ask the Scottish Government what meetings it has had with Fèisean nan Gàidheal since May 2021, and what the agreed outcomes were of any such meetings.
Answer
The Scottish Government recognises the value in having a range of Gaelic organisations with different functions and the SG aims at all times to remain informed and supportive of the work of these bodies. The SG will meet with An Comunn Gidhealach on average two or three times a year as well as meeting in wider gatherings. The focus of the meetings will be on the Royal National Mod and related initiatives and what support can be provided by the SG. The SG meets with Comann na Gidhlig on average two or three times a year as well as meeting in wider gatherings. The focus of the meetings will be projects that CnaG is taking forward and to consider what support SG can offer. The SG is in regular and frequent contact with Fèisean nan Gidheal both in relation to projects and initiatives which FnG is taking forward and in relation to wider Gaelic developments. The SG is aware of the work of Fèis Rois and SG does not hold meetings with this body or have a funding relationship with Fèis Rois. Along with the four bodies mentioned above, SG maintains close working relationships with other Gaelic bodies that have an important role to play in the promotion of Gaelic throughout Scotland.
- Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
-
Date lodged: Monday, 03 July 2023
-
Current Status:
Answered by Patrick Harvie on 31 July 2023
To ask the Scottish Government what assessment it has made of any risk posed to the effective operation of public services by any future disruption caused by (a) managing and (b) removing reinforced autoclaved aerated concrete, and how any disruption will be minimised for (i) children and young people learning in school, (ii) patients undergoing treatment and (iii) other groups of people using public services.
Answer
It is the statutory duty of local authorities, the NHS and other public service providers to manage and maintain their estate. We have been in close contact with local authorities, the NHS and others and expect contingency plans to be in place to minimise any potential disruption to services. We will continue to engage across sectors to direct public and private sector organisations towards guidance and good practice with regards to identifying, assessing and managing reinforced autoclaved aerated concrete.
- Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
-
Date lodged: Monday, 03 July 2023
-
Current Status:
Answered by Michael Matheson on 31 July 2023
To ask the Scottish Government what assessment it has made of the availability of qualified structural engineers with specific experience in reinforced autoclaved aerated concrete to undertake survey work, as required by NHS National Services Scotland in its safety action notice issued on 22 February 2023.
Answer
The NHS Scotland Assure survey programme, which is considering all of the NHS Scotland Estate, is being conducted by a recognised expert organisation in reinforced autoclaved aerated concrete.
- Asked by: Donald Cameron, MSP for Highlands and Islands, Scottish Conservative and Unionist Party
-
Date lodged: Monday, 03 July 2023
-
Current Status:
Answered by Jenny Gilruth on 31 July 2023
To ask the Scottish Government what meetings it has had with Fèis Rois since May 2021, and what the agreed outcomes were of any such meetings.
Answer
I refer the member to the answer to question S6W-19700 on 31 July 2023. 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 .
- Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
-
Date lodged: Monday, 03 July 2023
-
Current Status:
Answered by Shona Robison on 31 July 2023
To ask the Scottish Government, in light of reports on 14 June 2023 that the UK Government has launched an expanded government-wide inquiry into the use of reinforced autoclaved aerated concrete, whether the Scottish Government has any plans to launch a similar programme of investigations and reporting.
Answer
The Scottish Government (SG) will establish a cross sector Working Group to raise awareness of Reinforced Autoclaved Aerated Concrete across different sectors. This approach aligns with the UK Government and provides visibility and sharing of information across all sectors.
- Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
-
Date lodged: Monday, 03 July 2023
-
Current Status:
Answered by Michael Matheson on 31 July 2023
To ask the Scottish Government what guidance it has issued to (a) local authorities, (b) NHS boards and (c) other public sector bodies regarding reinforced autoclaved aerated concrete.
Answer
The Scottish Government has issued guidance on reinforced autoclaved aerated concrete (RAAC) to Local Authorities via the Scottish Heads of Property Services and the Association of Directors of Education in Scotland.
NHS Scotland Assure, which is leading the national RAAC survey programme of the NHS estate on behalf of Scottish Government, issued a Safety Action Notice to Health Boards in February 2023 on the risk of catastrophic structural failure of RAAC planks in building roofing, walls, and flooring. This guidance note included recommendations on identification, risk management, monitoring and replacement of RAAC planks where necessary.
- Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
-
Date lodged: Monday, 03 July 2023
-
Current Status:
Answered by Michael Matheson on 31 July 2023
To ask the Scottish Government when ministers last met with NHS boards to discuss the presence of reinforced autoclaved aerated concrete in buildings and action to (a) manage and (b) remove it.
Answer
The Scottish Government is working closely with NHS Scotland Assure and all NHS Boards to establish the current position with reinforced autoclaved aerated concrete (RAAC). Once the survey programme has assessed properties that may contain RAAC and it's extent within the NHS Estate has been determined, the Health Infrastructure and Sustainability Division within Scottish Government will consider whether Ministerial meetings with NHS Boards are required.