Chamber and committees

Questions of compensation in respect of a necessary wayleave will not be addressed by the Reporter when making a recommendation on whether a necessary wayleave should be granted. Although, issues which relate to the impact on the use or enjoyment of the land which may subsequently be the subject of a claim for compensation may be considered by the Reporter.

The Scottish Ministers have no power under Schedule 4 to the 1989 Electricity Act to prescribe financial conditions in any necessary wayleave case or to resolve disputes on the level of compensation. Compensation will fall to be settled by agreement between the parties or, failing agreement, by the Lands Tribunal for Scotland at the request of either party.

Zero Waste Scotland reviewed existing legislation in Europe and beyond and the duty it places on governments to publish circular economy or similar strategies, which is available at the following link Insights into Statutory Obligations of Circular Economy Strategies (zerowastescotland.org.uk) . The review concluded that ‘it would be beneficial to keep obligations for the strategy as broad as possible, with detail to follow as data and evaluation are gathered and released, as this would help Scotland keep pace with new developments.’

Our 2023-24 Programme for Government outlines our commitment to publish a final Circular Economy and Waste Route Map. Before this, a second Route Map consultation will be published later this year, which will inform any new circular economy strategy.

Scottish Forestry follows the published Woodland Creation Application Guidance process when dealing with forestry agents and applicants. In line with this process, Scottish Forestry has held pre-application discussions with Scottish Woodlands in relation to proposals in the Canonbie/Langholm area. These discussions have been focused on identifying and addressing potential environmental sensitivities that will need to be taken into account as the woodland designs are being developed.

Since 2016, across all planned projects in this area, 4522 ha of initial new planting proposals have been discussed in principle.

The Scottish Government’s policy and approach regarding woodland planting on agricultural land is based on the findings and recommendations of the Woodland Expansion Advisory Group, which were accepted by Ministers in 2013.

This policy is reflected in published “Guidance about Woodland Creation on Agricultural Land”. This guidance applies to applications to the Forestry Grant Scheme and is published on the Woodland Creation pages of the rural payments website under “Further information and technical guidance”.

30,995 hectares of land with a capability for agriculture classification (LCA) 2-7 has been converted to commercial forestry in the last five years (there is no classification 1 land in Scotland). The breakdown by year was as follows:

These recommendations are for the judiciary to progress and the terms of recommendation four of Lady Dorrian’s Review, Improving the Management of Sexual Offence Cases, were clear that these were matters that should be considered by the Jury Manual Committee. The Judicial Institute for Scotland has advised that the Jury Manual Committee is comprised of a number of experienced senators and sheriffs. It is clerked by secretariat staff of the Judicial Institute. The Jury Manual is publicly available and is kept under constant review. The Committee meets quarterly to agree revisions to the content of the Manual. It was most recently updated on 15 August 2023, when an important new chapter on rape myths and misconceptions was added. Detailed perusal of the Manual will disclose how the authors have dealt with Lady Dorrian’s recommendations. Further changes will be published on a regular basis.

The Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 (“the Act”) makes it easier for child and vulnerable witnesses in the most serious cases to pre-record their evidence. The phased implementation plan for the Act builds in periods of evaluation to ensure that the roll out of its provisions is undertaken in a managed and effective way.

To date the Act has been commenced in relation to child complainers and witnesses giving evidence in the High Court in relevant cases. An evaluation of the operation of the Act in those cases has been conducted and a report of that evaluation is being finalised.

The Scottish Government established a cross-sector implementation group to monitor roll out of the Act. Once the evaluation report has been considered by the group it will be published on the Scottish Government's website with an aim to publish before the end of the year.

An automatic presumption in favour of pre-recording the evidence of complainers is a key feature of the Sexual Offences Court that the Victims, Witnesses and Justice Reform (Scotland) Bill seeks to establish, which is subject to scrutiny and agreement by Parliament.

In the meantime, existing courts already have the power to direct that the evidence of vulnerable witnesses be pre-recorded, and evidence by commissioner hearings are regularly used to pre-record evidence of complainers in serious sexual offences.

Learning and evaluation continue to be a key aspect of our approach to employability services in Scotland.

The Implementation evaluation of the development and early delivery of No One Left Behind and the Young Person’s Guarantee was commissioned by the Scottish Government and published on 10 August 2023.

We will consider the recommendations from the evaluation alongside the outputs from our recent national stakeholder discussion events and actions will be reviewed to identify how we can improve.

In partnership with Scottish Renewables, we commissioned Climate Exchange to conduct a research project with the aim of assessing the ‘clean heat’ and energy efficiency workforce and the potential required workforce that would be needed to meet the targets set out within our Heat in Buildings Strategy. The report was published in July 2022 and can be found here - https://www.climatexchange.org.uk/research/projects/clean-heat-and-energy-efficiency-workforce-assessment/

The report was used to inform the development of our Heat in Buildings Supply Chains Delivery Plan which was published in November 2022.

The Climate Change Committee has previously written to the Scottish Government setting out a series of recommendations for the reform on Energy Performance Certificates (EPCs). In response to this advice, the Scottish Government published a consultation on EPC reform on 25 July 2023. This consultation highlights proposals to revise the information displayed on EPCs by expanding the current suit of metrics and reporting other relevant information. This would provide a more holistic view to current and potential homeowners for all types of buildings. The consultation on EPC reform does not cover Scottish Government proposals to ensure homes reach a particular standard of energy efficiency or decarbonise their heating systems. This will be subject to a separate consultation on proposals for a Heat in Buildings Bill planned for later this year.

An EPC assessment for existing buildings is a non-intrusive survey and so the methodology makes assumptions based on the age and characteristics of the building. Our consultation highlights that we are reviewing the assessment and quality assurance processes to enhance the accuracy of EPCs.

The Scottish Government does recognise it may be more challenging for some homes and buildings to meet the proposed energy efficiency standards than for others. We will work with stakeholders, including Historic Environment Scotland, to develop approaches and solutions to transition Scotland’s traditional buildings, where it is technically feasible and cost effective, to achieve a good level of energy efficiency and transition to zero direct emissions heating while respecting and preserving the special characteristics of our historic buildings.