Chamber and committees

Some premises listed in Use Class 7 (of the Town and Country Planning (Use Classes) (Scotland) Order 1997) are exempt from short-term let licensing legislation. Schedule 1 of the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 (the “Licensing Order”) sets out excluded accommodation. Class 7 premises that are exempt are:

• a hotel, which has planning permission granted for use as a hotel
• a hostel

In addition, the following exemption will also be relevant to some Use Class 7 premises (including hotels and guest houses):

• premises in respect of which a premises licence within the meaning of section 17 of the Licensing (Scotland) Act 2005 has effect and where the provision of accommodation is an activity listed in the operating plan as defined in section 20(4) of the 2005 Act

Guest houses were originally listed as excluded accommodation in a previous version of the Licensing Order laid in December 2020. However, in response to feedback from our stakeholder working group we subsequently removed guest houses from the list of excluded accommodation and undertook further public consultation on this in June 2021. As guest houses can be variants of home sharing, they should not be automatically excluded. Further information is set out in the 2021 consultation paper (item 1 in table 2 at page 12): Short term lets - draft licensing order and business and regulatory impact assessment (BRIA): consultation - gov.scot (www.gov.scot) .

Unless otherwise excluded by any of the criteria set out in Schedule 1 of the Licensing Order, use class 7 premises are therefore within scope of the definition of a short-term let in the Order laid in November 2021 and approved by the Scottish Parliament in January 2022.

It is an existing criminal offence to knowingly make a false statutory declaration and the Bill creates a new offence of knowingly making a false application for legal gender recognition. The maximum penalty for these offences is imprisonment for up to 2 years or an unlimited fine, or both.

There is provision in the Bill for a person with an interest in a Gender Recognition Certificate, such as the Registrar General to make an application to the Sheriff for revocation of a GRC on the grounds that it was fraudulently obtained. For example, the Registrar General may receive information that would have led to the refusal of the application or a person may make it known they have submitted a false application.

As with any criminal offence, it would be a matter for the police, the procurator fiscal and the courts to demonstrate and determine where an offence has been committed.

The current Deputy First Minister approved the financial implications of the contract award prior to the announcement by the First Minister on 31 August 2015 that Ferguson Marine Engineering Ltd (FMEL) were the preferred bidder.

The current Cabinet Secretary for Justice and Veterans approved the award of the two shipbuilding contracts for Hulls 801 and 802 by CMAL to FMEL as the preferred bidder on 21 August 2015.

The Minister for Transport & Islands agreed for CMAL to proceed to contract award with FMEL on 14 October 2015 following the expiry of the 10 day standstill period.

There was no Ministerial direction in relation to the contract award and Ministers did not direct CMAL to enter into the contract. The contract was awarded by CMAL in its capacity as procuring authority.

I refer the member to the answer to question S6W-07557 on 19 April 2022. 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

We have published guidance for local authorities which outlines the role of councils in supporting Ukrainian guests who arrive under both the super sponsor scheme and who match privately into Scotland through the Homes for Ukraine Scheme. This Super Sponsor Scheme and Homes for Ukraine guidance for local authorities can be found on the Scottish Government website.

Living in the acquired gender’ is the gender in which a person is living when an application for a Gender Recognition Certificate is made.

It is an existing requirement under the Gender Recognition Act 2004. The Gender Recognition Panel who is currently responsible for handling applications advises in guidance for applicants that this may include, for example, having changed the gender marker on your passport and driving licence.

The Scottish Government will work with National Records of Scotland to provide guidance to applicants on the application process.

The Scottish Government welcomes the publication of the IEA’s 10-Point Plan to Cut Oil Use as a useful contribution to ongoing global policy development on net zero and energy sector volatility. It contains a range of actions which can be taken by consumers, businesses and public sector actors. The IEA report asserts that if adopted in full by all advanced economies, it would reduce consumption by 2.7 million barrels a day within the next four months, relative to current levels. The publication underlines the importance of reducing the need for private car travel, which the Scottish Government is addressing through our target to reduce car kilometres by 20% by 2030 – a truly world-leading commitment. Our route map to achieving this commitment was published in January and provides a framework for people to choose alternatives to car journeys, including sustainable online options; choosing local destinations; switching to walking, wheeling, cycling or public transport where possible; and to combine a trip or share a journey.

The Scottish Government’s position is clear that unlimited extraction of fossil fuels is not consistent with our climate obligations and we have consistently called on the UK Government, to urgently re-assess all approved oil licenses where drilling has not yet commenced against, our climate commitments. By refusing to recognise this, whilst demonstrating a failure of leadership to support an acceleration of low carbon heating and home energy efficiency measures, the UK Government’s new Energy Security Strategy has completely failed to take into account the agreements made at COP26, particularly in view of the UK’s continuing role as COP president in the run up to COP27, advice from its own statutory advisors, and the most recent alarming report from the UN’s IPCC. In Scotland, we will continue to focus on reducing reliance on fossil fuels and our overall energy demand while accelerating the deployment of renewable energy, creating a true just transition for our existing workforce and a greener, fairer future for everyone.

The Scottish Government collects information on the use of temporary accommodation (associated with homelessness applications). The HL2 data collection provides aggregate snapshot data on the number of households in temporary accommodation at the end of each quarter.

However, the Scottish Government does not collect data on the availability of temporary accommodation or stock in each local authority over and above what is in use. It is for local authorities to have an understanding of their stock, and that of their partners, which enables them to determine what could potentially be used as temporary accommodation when required.

The HL2 data is available for all local authorities from 2002 to 2021. Table 26 of the main tables associated with the most recent Homelessness in Scotland annual publication provides data for the number of households in temporary accommodation as at 31 March, by local authority, which will be a very close proxy for households in temporary accommodation on 29 March.

The bi-annual publication Homelessness in Scotland: update to 30 September 2021 provides additional quarterly figures from 31 st March 2019 to 30 September 2021 – Table 14 of the associated tables. This is the latest data available.

Data up to 31 March 2022 will be published on the homelessness statistics webpage in Summer 2022, although the publication date is not yet known.

The benefit cap is a UK Government policy that sets a limit on the total annual payment a household can receive from means-tested benefits. The Scottish Government cannot amend this policy but we can provide support to benefit-capped families through the discretionary housing payment system. Our aim is to mitigate the cap as fully as possible within the parameters set by UK legislation on discretionary housing payments.

We are working with local authorities to identify good practice in benefit cap mitigation and agree how to best support those affected. This additional funding will be rolled out as early as possible this year. Estimates show around 4,000 households are capped and we will work with local authorities to identify those.