Chamber and committees

We do not require our Fuel Insecurity Fund (FIF) delivery partners to collect data regarding the physical condition of dwellings, unless this is considered relevant to an individual’s application. This is because, as in previous years, the overarching goal that we set for FIF delivery partners is to provide support to households who are at risk of self-rationing their energy use, or self-disconnecting entirely.

FIF payments are provided on the basis of an holistic assessment of individual circumstances to ascertain their need for emergency support towards the cost of their energy. In some cases issues with damp or mould may be raised as part of this assessment, but they are unlikely to be core factors in determining whether a household should receive assistance.

The annual Scottish House Condition Survey includes information on issues affecting the physical condition of people’s homes, such as damp and mould. The results of the 2021 survey are due to be published on 30 May.

High hedge appeals are delegated to appointed reporters to make decisions on Scottish Ministers behalf.

DPEA received 8 high hedge appeals from January to March 2023, of which 2 were dismissed as "no remit" and 6 were decided upon by independent reporters.

Within these decisions, 2 referred to the 2019 guidance and its requirement to consider spacing, maintenance and intention in arriving at a decision that trees and shrubs in a row did not form a hedge and 2 excluded deciduous trees from high hedge notices issued by local authorities.

Glasgow Prestwick Airport periodically receives expressions of interest regarding purchase of the Airport. The management team at Glasgow Prestwick Airport follow due process in reviewing proposals to ensure that offers are credible and provide value for money.

It is important that we safeguard the integrity of confidential and commercial discussions to avoid any detrimental impact on any negotiations, therefore further disclosure would not be possible.

We have committed to updating Parliament at the appropriate time on the sale of Glasgow Prestwick Airport.

Preparing for Sustainable Farming (PSF) provides funding to farmers to undertake soil testing and analysis. Preparing and implementing a nutrient management plan on the basis of results encourages balanced fertiliser use for all plant nutrients. In addition, the Scottish Government-funded Farm Advisory Service (FAS ) offers a significant amount of high quality advice and support on a range of topics, the vast majority of which is free to the user. This includes the Soil and Nutrient Network, which is considering how to protect and improve farm soils and make the best use of both organic and inorganic fertilisers, saving money, benefitting yields and improving farm efficiency and resilience.

The relevant statutory requirements for land managers fall under the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008 and the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (CAR) General Binding Rule 18 – Storage and application of fertilisers.

Objectives/ targets for improving the water environment in relation to phosphorus and nitrogen impacts are set through River Basin Management Planning.

SEPA is responsible for monitoring phosphorus and nitrogen in the water environment. RPID audits farms for compliance with Nitrate Vulnerable Zone (NVZ) requirements and there are penalties through the cross compliance scheme for non-compliance. SEPA enforces CAR through its priority catchment work and other regulatory activities and can serve fixed penalty notices on land managers for non-compliance or in severe cases take a case to the Procurator Fiscal for prosecution. There can potentially be cross compliance penalties for breaches of CAR GBRs as well.

There is a wide range of legislation which applies to the Scottish Government to protect Scotland’s wildlife and habitats, including specific duties which fall on individual authorities to protect, conserve and restore the protected habitats and species of European sites.

NatureScot’s role as set out in the Natural Heritage (Scotland) Act 1991 includes securing the conservation and enhancement of the natural heritage of Scotland. All public bodies have a duty under Section 1 of the Nature Conservation (Scotland) Act 2004 to further the conservation of biodiversity when carrying out their work, where appropriate and in line with the Scottish Biodiversity Strategy and the UN’s Convention on Biological Diversity.

Furthermore, for Scotland’s terrestrial and marine environments, the requirements of in the Habitats Directive and the Wild Birds Directive apply, setting out the rules for the protections and management of certain habitats and species, including wild bird species, to ensure their long term conservation.

For example, under Regulation 3A of the Conservation (Natural Habitats &c.) Regulations 1994, Scottish Ministers and NatureScot must take steps in the exercise of their functions to preserve, maintain and re-establish sufficient diversity and area of habitat for wild birds in Scotland.

While there is no explicit legal duty on the Scottish Ministers or its agencies to increase species abundance, this does form one of the key outcomes envisaged in the draft Scottish Biodiversity Strategy https://www.gov.scot/publications/scottish-biodiversity-strategy-2045-tackling-nature-emergency-scotland/ . The protected areas networks on land and sea includes sites for nature conservation, protection of biodiversity, demonstrating sustainable management and protecting our heritage. Marine Protected Areas (MPAs), Special Ares of Protection (SPAs), Special Areas of Conservation (SACs) and Sites of Special Scientific Interest (SSSI) are just a few examples of the protected areas designated under retained European Law, UK and Scottish legislation by Scottish Ministers which go to form a network of protected sites. These sites ensure protection for some of the most vulnerable species and habitats within Scotland.

Research has shown that employee-owned businesses and other inclusive ownership models are fairer, more inclusive places to work and as a result enjoy greater financial and social resilience.

The Scottish Government’s commitment to increase the number of employee owned businesses seeks to widen the benefits of employee ownership to as many businesses and as many employee-owners as possible across Scotland. For this reason the number relates to businesses operating in and based in Scotland.

As Circularity Scotland is a private company, support arrangements they have with their members is a matter for them and it would not be appropriate for the Scottish Government to intervene in such commercial arrangements between private companies. Only the very largest producers (those making more than 10 million units per year) are required to underwrite costs. We are grateful to all businesses for the investment they have made in preparing for the launch of the deposit return scheme and this investment will be important for the success of the scheme when it launches on 1 March.

A number of discussions were held with those involved in the scheme in the weeks prior to the announcement including Circularity Scotland and business groups. To reach a decision on the next steps for the Deposit Return Scheme Scottish Government officials also provided advice to the First Minister and Minister for Green Skills, Circular Economy and Biodiversity.

The Scottish Government have been working with Scottish Swimming, Education Scotland, sport scotland and Scottish Water to develop interventions and approaches to provide opportunities for children to become confident, safer and competent swimmers.

sport scotland’s investment into Scottish Swimming includes support to enable delivery of 4 school swimming pilot projects for evaluation and to develop a School Swimming Framework that can be used by partners.

The Delivery Model Pilots will take place across 2022-23 to support schools to understand and consider different approaches and models of delivery to help educate and provide opportunities for children across Scotland to experience the water in a fun, safe and inclusive approach. This reflects the many different scenarios faced by schools when deciding how best to support young people to access school swimming.

Whilst there is no eligibility criteria for primary school children to receive swimming lessons, inclusion is central to our approach and there will be a specific focus on targeting areas within quintile 1 of the Scottish Index of Multiple Deprivation.

Active Schools has a key role to play in complementing PE in schools by developing opportunities for physical activity and sport. Specific activities, such as swimming, provided through Active Schools is at the discretion of each local authority/Active Schools team.

In addition Active Schools plays a role in supporting local swimming clubs to link to schools, making pupils aware of the opportunities that exist to participate in swimming in the club setting and we would encourage local authorities to provide Active Schools activity free of charge to ensure activity is accessible to all.

The Ministerial-led working group last convened on 26 th October 2022 and the minutes of this meeting will be published within the coming weeks. The working group was formed to consider short, medium and long term actions to address anti-abortion activities which take place outside of healthcare facilities providing abortion services.

A significant proportion of the group’s work was to consider the use of Local Authority bye-laws to potentially deliver the zones. The Scottish Government was committed to supporting councils to use bye-laws to implement safe access zones, but Local Authorities concluded that national legislation would be a more appropriate route, and the work to consider bye-laws has now concluded.

We are now clear that delivering national legislation is the best and most secure route to ensure buffer zones are delivered and sustained. We are therefore fully focused on supporting the drafting and development of Gillian Mackay MSP’s national Abortion Service Safe Access Zones (Scotland) Bill. We will continue to take forward discussions with stakeholders to ensure that robust and effective legislation is introduced as soon as possible.

Although there are no plans for a final report of the working group’s findings to be published, the group agreed that the Scottish Government should commission research into the impact of protests and vigils in Scotland. This research is ongoing, and a final report on this will be published following its completion.