Chamber and committees

The statutory review of the Animals and Wildlife (Penalties, Protections and Powers) Act 2020 undertaken by the Scottish Government in 2024, acknowledged that decapods currently have no general welfare protection under the 2006 Act; and that this is an area for future policy consideration. Further, the outputs from the 2024 review confirmed our commitment to work collaboratively with Defra to undertake a gap analysis to identify gaps in current research and evidence, and to explore potential solutions to the specific welfare challenges linked to decapods and how they may best be addressed.

The Scottish Government engages regularly with LGBTQI+ stakeholders, including organisations representing trans people, and has discussed the draft Code of Practice as part of that ongoing engagement.

The First Minister and I also hosted a roundtable with community members in March to discuss trans lives in Scotland today and the issues currently affecting trans people.

This engagement will continue as we consider the revised Code, including with trans people, LGBTQI+ stakeholders and other groups who may be impacted.

Scottish Ministers wrote to the previous UK Government to raise the issue of decapod welfare, including highlighting concerns about live transport through the postal service, and proposing joint working to address these issues.

In its statutory review of the Animals and Wildlife (Penalties, Protections and Powers) Act 2020 the Scottish Government committed to undertaking, in collaboration with Defra and other devolved administrations, a gap analysis to identify the specific welfare challenges faced by decapods (including live transportation), what evidence there is to inform potential solutions to these challenges, and where further research may be needed.

The Scottish Government’s assessment is that the reduction in Adult Disability Payment approval rates is primarily associated with a substantial increase in the number of applications received. While authorisation rates have reduced over time, the number of approved applications has remained broadly stable over the last year.

Social Security Scotland is committed to ensuring people can access the support to which they are entitled and has taken steps to make the application process as accessible as possible, in line with the principles of the Scottish Government's Benefit Take-up Strategy.

The Scottish Government responded formally to the Equality and Human Rights Commission’s public consultation on the draft Code of Practice on 25 July 2025 setting out our views. We also wrote to the UK Government on in November 2025, reiterating our views on the draft Code.

Trans people, and those presenting in gender non-conforming ways, are valued members of our society and remain protected under the Equality Act 2010 from discrimination and harassment. The Scottish Government’s approach will continue to be grounded in dignity, respect, fairness and the protection of rights for all.

The approval and commencement of the Code of Practice is a matter reserved to the UK Government. The Secretary of State holds powers under the Equality Act 2006 to commence the Code following Parliamentary scrutiny, and it is the responsibility of the EHRC, as regulator of the Equality Act 2010, to provide statutory guidance in relation to the Act.

Public bodies are also responsible for ensuring that they comply with their legal obligations under the Equality Act 2010, including having regard to statutory guidance from the EHRC.

The Scottish Government’s approach remains grounded in dignity, respect, fairness and the protection of rights for all. That includes protecting the privacy of trans people and others who may be impacted by the Code.

It was recognised when Scotland’s Redress Scheme was designed that some survivor applicants may be advancing in age or suffering ill health. Therefore, priority is given to applicants with a terminal illness and those over 68 years of age.

The Scheme enables applicants, should they wish, to nominate a beneficiary to receive the full amount of redress payment in the event that the applicant dies before payment is made. A nominated beneficiary is only permitted to take over the application in specific circumstances.

Alternatively, a £10,000 next of kin payment may be possible where a survivor, who met the eligibility criteria for the Scheme, dies before a payment was made to them, their estate or a nominated beneficiary.

The Scottish Government released relevant information in response to an FOI request in December 2025. The link to the response can be found here - Number of applicants who passed away whilst awaiting a decision on redress: FOI release - gov.scot.

Administration costs and awards paid under the Scheme broken down by financial year since the Scheme’s inception are set out in the following table:

There are currently 25 redress case workers employed by the Scottish Government. Case workers are responsible for communicating with applicants throughout the application process and assisting applicants to complete applications. Case workers can refer applicants to the Redress Support Service who provide support to complete the application, obtain records and non-specialist emotional support.

The 2026-2027 Scottish Budget includes an increase in funding for the Scottish Government Redress Division. This will allow for the recruitment of additional caseworkers and an increase in operational capacity. Recruitment of 8 additional case workers is underway, with 3 already appointed and due to start with the Redress Division by 27 July 2026. A further 10 contingent workers are being recruited to assist with case work functions.

When the ongoing recruitment is completed, the total number of operational staff will be the highest the Scheme has ever had.

The impact of the new Muirburn Code will be kept under review as part of the wider implementation of muirburn licensing. NatureScot will monitor the operation of the licensing system, including any issues arising from licence applications, licence conditions, compliance activity and stakeholder feedback.

Wildfire frequency, extent and severity are influenced by a range of factors, including weather conditions, vegetation, land use, fuel load, visitor behaviour and climate change. It will therefore not be possible to attribute changes in wildfire activity solely to the Muirburn Code. However, the Scottish Government will continue to work with NatureScot, the Scottish Fire and Rescue Service and other relevant partners to consider available evidence on wildfire risk and land management practice.

The Code will remain subject to review where evidence indicates that changes are required to ensure it remains effective, proportionate and workable in practice.