Chamber and committees

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.

The Scottish Government takes the welfare of all animals extremely seriously at all stages of their lives. The killing of surplus chicks which are less than 72 hours old, and embryos in hatchery waste is regulated by Schedule 11 of The Welfare of Animals (Slaughter or Killing) Regulations 1995 ("the 1995 Regulations"). The 1995 Regulations permit only three methods of killing, which the Scottish Government considers to ensure the welfare of the chicks during the killing process:

• Use of a mechanical apparatus producing immediate death;
• Exposure to gas mixtures; or
• Dislocation of the neck.

Under the 1995 Regulations any mechanical apparatus used must be used by a skilled operator and be designed so as to produce immediate death without any unnecessary suffering caused to the chicks.

The current methods of killing chicks, such as Maceration/Instantaneous Mechanical Destruction, are considered to be acceptable by the Humane Slaughter Association and we will continue to work with industry to ensure that the current regulations still meet their objectives.

The Scottish Government recognises that gamekeepers, farmers, crofters and other land managers can make an important contribution to wildfire prevention and response, including through vegetation management, local knowledge, practical experience, personnel and equipment.

NatureScot has engaged with stakeholders through the Muirburn Code Working Group. That engagement has helped inform the development of the Code, including provisions relating to safe planning, appropriate resourcing, liaison with the Scottish Fire and Rescue Service, and the role of muirburn as a land management tool.

No separate formal assessment has been undertaken specifically of the contribution made by gamekeepers and other land managers to wildfire prevention and response. As no separate assessment has been produced, there are no findings to publish.

However, the knowledge and experience of land managers have been considered through the consultation and stakeholder engagement process, and has informed the development of a Code intended to be practical, proportionate and capable of supporting safe licensed muirburn where appropriate.

NatureScot has worked through iterations of the Muirburn Code of Practice with stakeholders through the Muirburn Code Working Group. Stakeholder views have been considered throughout the development of the Code, including concerns raised most recently by some stakeholders about the workability of the draft provisions.

Following that engagement, NatureScot has worked with stakeholders to revise the Code to ensure that it supports safe and responsible licensed muirburn, while also protecting peatlands, habitats, species and the wider natural environment.

The Code is intended to provide a clear and practical framework for muirburn. It does not prevent muirburn from being undertaken where it is lawful, licensed where required, and carried out safely and appropriately. Where muirburn is proposed for wildfire prevention purposes, NatureScot will consider applications through the licensing process, including the specific circumstances of the land and the purpose of the proposed burning.

The Scottish Government will continue to engage with NatureScot and stakeholders as the licensing regime is implemented, to ensure that the Code remains workable in practice and supports both wildfire prevention and environmental protection.

The official statistics, available at Scotland's Redress Scheme Statistics December 2021 - June 2025, provide information on applications, outcomes and payments made in the first 42 months of Scotland's Redress Scheme.

While these do not include information specifically about the allocation of applications to case workers, we recognise that many applicants are waiting too long for their applications to be progressed and an outcome to be determined.

Each application for Redress is unique. Applications progress at differing rates depending on how complete they are when submitted, the availability of information, evidence and records, and the extent of verification checks required. It is not possible to provide a timescale from receipt of an application through to receipt of payment and apology, given the unique nature of applications.

The Scottish Government is committed to minimising wait times for applicants as much as possible. Case worker recruitment is under way and I am meeting with the Scottish Government case work team and the Chair of Redress Scotland to discuss further options for the operation of the scheme.