Chamber and committees

On 23 April 2021 the Court of Appeal (Criminal Division) for England and Wales issued a judgement in Josephine Hamilton & Others v Post Office Limited [2021] EWCA Crim 577 relating to cases referred to it by the Criminal Cases Review Commission for England, Wales and Northern Ireland.

The case involved a total of 42 applicants who were formerly sub-postmasters or sub-postmistresses for the Post Office Limited who had been convicted of offences including theft, fraud and false accounting.

The Court of Appeal quashed the convictions of 39 of the applicants on the basis that evidence from the Horizon computer system, operated by the Post Office Limited, could not be relied upon.

Post Office Limited have identified persons known to have been convicted in Scotland on the basis of evidence that may relate to the Horizon computer system. This information has been provided to the Scottish Criminal Cases Review Commission (SCCRC). A number of cases are under review by the SCCRC. The Crown Office and Procurator Fiscal Service is assisting the SCCRC with its review. Any decision to refer the cases to the High Court is a matter for the SCCRC.

The Island Connectivity Plan was last discussed with the Trades Unions, including Prospect, during the Scottish Trade Union Congress meeting with the former Ferries Minister, Mr Wheelhouse, on 18 August 2020.

We have a commitment to engage with all stakeholders as we develop the plan and the Unions will form part of these discussions going forward.

Scottish Ministers fully recognise the importance of reliable ferry services to the economic, social and cultural development of island and remote mainland communities.

The recent breakdown of the MV Loch Seaforth, and the impacts felt across the network, caused unacceptable disruption for our island communities. During the disruption, Transport Scotland worked with CalMac and engaged with local stakeholders in order to ensure everything was done to return the vessel to service as soon as possible. CalMac redeployed vessels in order to minimise the impacts across the network and put in place measures to maximise capacity, such as deploying a second vessel on the route from Kintyre to Arran. It is imperative the causes of that breakdown are understood and lessons properly learned so that we avoid this situation arising again in future.

Ferry passengers, whether travelling for tourism or other purposes, can apply for compensation for disruption under Passenger Rights Legislation. No other compensation for travel disruption is available for the tourism industry or wider sectors of the economy. However, Scottish Ministers have provided £3.6 billion of support during Covid to tourism businesses and we are committed to investing at least £580 million in ports and vessels over the next five years.

Regulations amending the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 were made today.

These Regulations amend the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 (“the principal regulations”) and will take effect on 19 July 2021.

The Regulations provide that all of Scotland is in Level 0 for the purpose of the principal regulations and accordingly the restrictions and requirements applicable at Level 0 and set out in schedule 1 to the principal regulations apply in all areas of Scotland.

The Regulations also make some adjustments to the restrictions and requirements which apply in Level 0.

The physical distancing requirements at Level 0 are reduced to 1 metre indoors and outdoors and the requirement for physical distancing between people in a gathering of up to 15 people outdoors is removed.

The Regulations also provide that in Level 0 children under the age of 12 years do not count for the purpose of calculating the number of households permitted for gatherings indoors.

Hospitality and casino opening hours in Level 0 are also adjusted to restrict opening to between 04:00 and 00:00.

The regulations have been published at http://www.legislation.gov.uk/id/ssi/2021/263

The New Supply Shared Equity (NSSE) scheme aims to assist first time buyers and priority access groups to purchase a new build home from a local authority or housing association. There are no set criteria for determining a “significant change of circumstances”. Decisions on when to apply flexibility to the primary eligibility criteria are considered on a case by case basis, based on the evidence available and demand from the primary target groups.

The Affordable Housing Supply Programme: process and procedures guidance provides further information - Affordable Housing Supply Programme: process and procedures MHDGN 2020/02 - gov.scot (www.gov.scot)

To ensure that they remain necessary and proportionate to the health harms of Covid-19, a review was undertaken ahead of the publication of the Strategic Framework Update and the Physical Distancing Review on 22 June 2021 to consider whether an earlier re-opening of night clubs was feasible. It underlined that the risks of transmission associated with the re-opening of night clubs remained significant. These include poor ventilation, alcohol consumption and high noise levels. There is also the additional risk of close physical contact in nightclubs. These risks are considered to be higher than in other settings which is why this sector is under tighter restrictions than other settings such as bars. Importantly, nightclubs are generally frequented by younger demographics who will be amongst the last to be vaccinated.

However, the Scottish Government provided greater clarity on the timing and conditions under which a re-opening would be possible. The Strategic Framework Update advised that nightclubs would be able to reopen when Scotland moves beyond level 0, we hope to make that change on 9 August provided over 40s and adults at risk have protection from the virus through 2 doses of the vaccine and the virus is sufficiently under control.

The publication of the Strategic Framework Update and the review into Physical Distancing will hopefully have provided the events sector greater clarity, particularly on when limits will be removed and physical distancing will end. Live music events are allowed in levels 2 and below albeit subject to capacity limits. There is guidance in place which may allow events to go ahead above those limits subject to approval from the local authority when Scotland is in level 0. We hope that all limits on attending events can be removed on 9 August when the whole of Scotland is expected to move beyond Level 0 provided key conditions are met. Additionally, we are currently working with stakeholders to establish the right package of baseline protective measures which will be necessary at these events following Scotland’s move beyond Level 0.

In responding to the pandemic, The Scottish Government have been guided by the principles outlined in our Framework for Decision Making. Here we set out the direct and indirect harms of the pandemic, which we consider in our "four harms" approach: one of those being that protective measures have a damaging effect on our prosperity.

Decisions to allocate areas to Levels are finely balanced, taking into account a range of factors. These factors include the need to control the virus and minimise harms from Covid, in terms of morbidity and mortality, as well as the wider economic and social harms or the restrictions. In addition any decision has to ensure that restrictions are justified, necessary and proportionate, and in a way that ensures impacts on fundamental rights are understood and minimized.

The Scottish Government has engaged extensively with businesses and their representative organisations during the pandemic, and are in close and regular dialogue with business leaders on a range of priority issues. We have also provided additional financial support to businesses in areas which have remained subject to higher levels of restrictions and we have worked closely with councils to ensure businesses subject to restrictions for a longer period of time remain supported.

Transport Scotland’s Procurement Strategy plays a key role in achieving Transport Scotland’s Vision to create a sustainable, inclusive, safe and accessible transport system, which in turn will help to deliver a healthier, fairer and more prosperous Scotland for communities, businesses and visitors. It aligns to the Scottish Government’s procurement policy and assists in achieving its national outcomes.

Although Transport Scotland does not regularly measure its public procurement policies in the ferries sector against the National Performance Framework specifically, it publishes an Annual Procurement Report, which reports on Transport Scotland’s regulated procurements.

The Transport Scotland’s Annual Procurement Report 2020 was published in January 2021 and reported on compliance with commitments made in our Corporate Procurement Strategy and includes a summary of community benefits generated through Transport Scotland ferries contracts.

Ministers have tasked CalMac Ferries Ltd and Caledonian Maritime Assets Ltd to seek out potential charter opportunities and the MV Arrow is one vessel that is being considered.

A direct comparison of the costs of renting and buying is complicated because a range of factors need to be taken into account. For example, the capital element of a repayment mortgage creates an asset for the owner, which rent does not; conversely, renters will need to provide a smaller deposit than home owners. Other factors that should be included in a comparison are that, unlike a renter, an owner will be liable for costs such as buildings insurance, repairs and maintenance, and LBTT. It is unclear from the Hamptons Report whether any allowance has been made for these factors in their methodology.

In the year to end September 2020, the average 2-bedroom rent in Scotland was £689, [1] as compared with £793 in England. [2] In May 2021, private rental prices rose by an annual 1.3% in Scotland as compared with 1.1% in England. In April 2021, the average house price in Scotland was £160,632, up by an annual 6.3%, while the average house price in England was £268,321, up by annual 8.9%. [3]

We are committed to ensuring that everyone has a warm, comfortable and safe place to live, and to expanding our social and affordable housing stock. Housing to 2040 , Scotland’s vision for housing to 2040, includes a commitment to take action to ensure the housing market operates more fairly across Scotland, providing affordable housing options and choices in all communities.

For the social and private rented sector, we will publish a new draft Rented Sector Strategy, by the end of this year, which will be consulted upon in 2022. The Strategy will be informed by those most affected, that will seek to improve accessibility, affordability and standards across the whole rented sector.

These commitments, builds on the significant reforms already put in place through our 2016 Private Housing Tenancies Act, which provided private renters with a range of new rights and greater security, stability and predictability in their rents. We will also reform Rent Pressure Zones, so that this is a workable tool for local authorities to address high rents in localised areas.

[1] Scottish Government, Private sector rent statistics: 2010 - 2020

[2] ONS, Private rental market summary statistics in England: April 2020 to March 2021

[3] UK House Price Index