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.

Further to the information provided in S6W-21589 on 5 October 2023, the Scottish Government continues to regularly assess the management information provided by health boards to Public Health Scotland that provides information on dog bites.

The Scottish Government is committed to working with justice agencies and local authorities, and other key stakeholders, to keep communities and people safe from irresponsible dog owners and out of control dogs. A series of Scottish Government engagement events is underway with key enforcement interests in different parts of Scotland to assess how best legislation can be used to help address dog control issues.

A Scottish Government led Short Life Working Group has undertaken a review of the Dangerous Dog Act 1991, with a wide range of views offered. The Scottish Government will use this review to help determine what may be appropriate as next steps. Education is a is key factor in prevention of livestock worrying incidents. Messaging is promoted widely on social media by NatureScot and The Scottish Outdoor Access Code also sets out how to exercise access rights responsibly when walking dogs: https://www.outdooraccess-scotland.scot/practical-guide-all/dog-walking

To assist with addressing the issue of dog attacks on animals the Scottish Government supported the introduction of the Dogs (Protection of Livestock) (Amendment) (Scotland) Bill, which gained Royal Assent on 5 May 2021 and came into force on 5 November 2021, as being in accordance with the advice on responsible behaviour for people walking dogs contained in the Scottish Outdoor Access Code.

Under this law owners of dogs that attack or worry livestock can be fined up to £40,000 or face a prison sentence of up to 12 months.

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

I last met with the COSLA Culture Conveners group on 21 September 2023.

During this meeting we discussed ways in which we can collaborate to progress our shared priorities for culture in Scotland.

The next meeting of the Culture Conveners, which I will attend, is scheduled to take place in early 2024.

The Scottish Government’s Home Report Review is expected later in the current parliamentary term. The review will take account of the recommendations outlined in the five-year review published in 2015 and be informed by work on wider housing considerations including Housing Standards.

Assessments are made at local level of the potential impacts of non-native species on peatland sites and other priority habitats, through implementation of the Forestry Environmental Impact Assessment regulations, and the implementation of the UK Forestry Standard and associated guidance.

NatureScot is currently undertaking an initial national GIS analysis to estimate the potential scale and distribution of regeneration onto peatland from commercial plantations. This analysis could contribute to an assessment of the potential impact on carbon sequestration and peatland restoration targets in due course. Other assessments have been made on a site by site basis, specifically in Caithness and Sutherland, which have guided management planning.

The Scottish Government does not hold this information. I recommend contacting your local authority who may be able to advise.

Transport Scotland is responsible for the management and maintenance of the strategic trunk road network including motorways, which is delivered through our operating company contracts. There are no single track trunk roads in Scotland.

Local authorities have a duty under the Roads (Scotland) Act 1984 to manage and maintain local roads in their area. Each local authority will be best placed to advise how many miles of single track A roads are in their area.

The TSE (Scotland) Regulations 2010 and the Retained (EC) 999/2001 Regulations place a number of requirements on Food Business Operators (FBOs), mainly related to animal identification and animal-by-products, particularly the removal of Specified Risk Material (SRM) before official post-mortem inspection and its adequate identification, segregation and disposal. However, when FSS officials identify SRM at post-mortem inspection, the FBO will be given an opportunity to rectify the meat and remove the SRM before it is reinspected, to prevent it being placed into the food chain. These lapses are classed as non-compliances and enforcement action is recorded in all cases.

Food Standards Scotland (FSS) is the Competent Authority for all Scottish slaughterhouses. Local Authorities do not have any TSE controls remit in these establishments which is why non-compliances are not reported by local authority area.

FSS is able to report on non-compliances since August 2020 during which time we have recorded a total of 6,246 non-compliances across all FSS approved Scottish Meat Establishments, 87 of which refer to breaches of the TSE (Scotland) Regulations 2010 or the equivalent Retained (EC) 999/2001 Regulations.

FSS is unable to extract non-compliances between 2010 and 2020, partially due to retention policies in place (for enforcement data older than 6 years) and partially linked to the way in which we record information prior to 2020 (which was a basic word document). Since 2020 we have changed our system to enable us to have more precise information.

The figures requested are set out in the following table: