Chamber and committees

The Scottish Government’s position is that the short-term let licensing legislation does not contradict the Provision of Services Regulations, the Human Rights Act 1998 (The First Protocol, Article 1), nor The Charter of Fundamental Rights of the European Union (Article 17). The Scottish Government’s position is that the development of the legislation for the short-term lets licensing scheme is in line with the Better Regulation Agenda. The Scottish Government expects local authorities to adhere to the Scottish Regulators’ Strategic Code of Practice when developing their short-term lets licensing procedures and policies.

Before any government legislation is laid at the Scottish Parliament, government lawyers carry out robust analysis to ensure that it is competent. or the licensing legislation, that includes ensuring that the Licensing Order is made within the parameters and powers of the Civic Government (Scotland) Act 1982.

The Scottish Government is in the process of carefully reviewing the responses to the third public consultation on our proposals, which closed on 13 August 2021, with a view to making any further necessary revisions to the licensing legislation.

I refer the member to the answer to question S6W-03027 on 1 October 2021. 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

Draft guidance for local authorities on overprovision is set out in chapter 3 of the Licensing guidance part 2: supplementary guidance for licensing authorities, letting agencies and platforms . Paragraphs 3.37 to 3.41 explain how overprovision policies interact with control areas.

Covid Support Grant Restart (CSG-R) funding for bus is available to support eligible organisations, such as bus operators and local transport authorities, which are running local registered bus services, and are able to increase service mileage up to 95% of pre COVID levels. Where a local transport authority (LTA) runs local bus services directly it is eligible for CSG-R funding for those services. To date, the only local authority in receipt of CSG-R funding is Scottish Borders Council.

The amount of funding each operator – including eligible local authorities – will receive depends on the actual gap between the costs of running the services and revenue received over the funding period and so is not known at this point. A condition of the funding is that participating operators are required to cooperate with LTAs in planning services and to take steps to respond positively and quickly to reasonable requests from LTAs to amend service patterns, hours or levels of provision.

The Affordable Housing Supply Programme (AHSP) provides support for Local Authorities and Registered Social Landlords to purchase off the shelf properties where it can be demonstrated that this is the most appropriate method of meeting housing need in a particular area. Funding may also be made available to remodel/rehabilitate existing properties where this is considered a strategic priority.

Whilst we hold information on the number of off the shelf properties supported through the AHSP, we do not hold information on whether those properties are former right-to-buy properties. The table containing the off the shelf homes supported through the main AHSP grant programme for the last 5 full financial years, broken down by Local Authority Area and Local Authority or Registered Social Landlord who purchased the properties, has been placed in SPICe under BIB number 62721. The table does not include figures relating to new build off the shelf properties.

I welcome the efforts of Plus Perth, Dundee Healthy Minds Network, Angus Voice and the Tayside Independent Inquiry Stakeholder Participation Group in producing this survey and report. I recognise the value that it has provided to David Strang in informing his progress report on Tayside's mental health services which was published in July. I met with representatives of the Stakeholder Participation Group to hear more about their experiences and recommendations for Tayside Mental Health Services in September and have made clear to Tayside partners that the voices of lived and living experience on mental health services in Tayside is critical going forward.

The Scottish Government is working to establish independent scrutiny of Tayside’s Mental Health Services, an action that is strongly supported by the survey report.

The Scottish Government has maintained a rolling programme of rail electrification, unlike other parts of the UK. In line with our Rail Decarbonisation Action Plan it remains the expectation that the East Coast Main Line between Edinburgh Haymarket and Aberdeen will be fully electrified.

We will confirm investment decisions will be made in an appropriate manner following due appraisal, necessarily having regard to the capital funding available to the Scottish Government in the light of UK Government budgetary decisions, however positive progress is being made with Network Rail confirming ground investigation works for the Aberdeen to Central Belt project are starting in October 2021.

The SPCB is elected by the Parliament to take decisions regarding its statutory functions under section 21 of the Scotland Act 1988, which are to provide the Parliament, or ensure that the Parliament is provided, with the property, staff and services required for the Parliament’s purposes.  As part of these functions, it is incumbent on the SPCB in terms of its legal duties and obligations, as both an employer and as the owner occupier, to provide a safe and secure parliamentary estate.  As the decision on applying to become a designated site was based on confidential security advice from Police Scotland, it would not have been appropriate to have held prior discussions with MSPs, MSP staff or other Scottish Parliament staff.

It is a matter for SPCB under its legal responsibilities to provide a safe and secure estate.  As the decision on applying to become a designated site was based on confidential security advice from Police Scotland, it would not have been appropriate to have held discussions with external organisations. The decision will have no bearing on campaign groups, trade unions and other organisations or individuals who protest in a robust but peaceful way at Holyrood. 

The SPCB received comprehensive security assessment and advice from Police Scotland recommending application for designated status for the parliamentary complex.