Chamber and committees

The Scottish Government has committed to removing non-residential social care charges in line with recommendations made by the Independent Review into Adult Social Care. We are now working with COSLA and other stakeholders to identify the most effective way of achieving this as soon as possible.

The Scottish Government is satisfied that no further change is required to the legislation in relation to the rights for grandparents to access their grandchildren. The Scottish Government appreciates that grandparents can often play an important and valuable role in a child’s life. Grandparents can currently apply to the court for contact rights. A decision will be made taking account of the child’s views and according to the best interests of the child.

Section 11ZA(3)(f) of the Children (Scotland) Act 1995 (the 1995 Act) as inserted by the Children (Scotland) Act 2020 will require the court to have regard to the effect that the order they are deciding whether or not to make might have on the child’s important relationships with other people. This could include grandparents.

Section 11ZA of the 1995 Act is not yet in force as implementation is reliant upon the register of child welfare reporters being established. The Scottish Government has consulted on the register of child welfare reporters and plans to lay regulations in spring 2022 on the register. Once the regulations are in force there would need to be a lead in time for the register to be fully operational. Our indicative timetable for this is April 2023.

The Scottish Government appreciates that grandparents can often play an important and valuable role in a child’s life. Grandparents can currently apply to the court for contact rights. A decision will be made taking account of the child’s views and according to the best interests of the child.

The Scottish Government consulted in 2018 on the review of Part 1 of the Children (Scotland) Act 1995 (the 1995 Act). The consultation sought views on whether there should be a presumption in law that grandchildren benefit from contact with their grandparents. Page 56 of the Family Justice Modernisation Strategy which was published on 3 September 2019 sets out why the Scottish Government did not proceed to introduce a presumption that grandchildren benefit from contact with their grandparents. This is available at:

Family Justice Modernisation Strategy (www.gov.scot)

As a result of the consultation the Scottish Government included in the Bill for the Children (Scotland) Act 2020 an amendment to the 1995 Act inserting section 11ZA(3)(f) which will require the court to have regard to the effect that the order they are deciding whether or not to make might have on the child’s important relationships with other people. This could include grandparents.

Section 11ZA of the 1995 Act is not yet in force as implementation is reliant upon the register of child welfare reporters being established. The Scottish Government has consulted on the register of child welfare reporters and plans to lay regulations in spring 2022 on the register. Once the regulations are in force there would need to be a lead in time for the register to be fully operational. Our indicative timetable for this is April 2023.

We held a number of meetings with a range of stakeholders during the parliamentary passage of the Children (Scotland) Act 2020 (the 2020 Act), which gained Royal Assent on 1 October 2020. This included Grandparents Apart UK and Shared Parenting Scotland who provide support to those seeking contact with their grandchildren.

Section 11ZA(3)(f) of the Children (Scotland) Act 1995 (the 1995 Act), as inserted by section 16 of the 2020 Act, introduces additional factors for the court to consider before making an order under section 11 of the 1995 Act. The 1995 Act is the key legislation on parental responsibilities and rights, contact and residence. This includes that the court must consider the effect that an order might have on the child’s important relationships with other people, which could include grandparents.

We have also engaged with Shared Parenting Scotland and Grandparents Apart UK during the Covid-19 pandemic.

Following the First Minister’s announcement on 13 July, we will update our published guidance for marriage ceremonies and wedding receptions as soon as possible to take account of the new arrangements. In advance of that, we are writing to our principal contacts within the wedding sector to highlight the key changes we will make to the guidance to set out the impact.

The study, to be undertaken independently, has been scoped to identify where Highlands and Islands Airports Limited’s operations can create more economic activity for island communities. This requires engagement and input from essential external stakeholders which has, to date, not been forthcoming. The study will be further progressed when essential stakeholders agree to engage with the process and will be published upon its completion.

Ministers have not met with the union Prospect in relation to the ongoing industrial action by its members at HIAL. This is an operational matter and any discussions should be between Prospect and HIAL. There are no plans for Ministers to meet with Prospect.

The Charter for Grandchildren was originally published in April 2006. We republished the Charter of Grandchildren in April 2018 as part of our Your Parenting Plan resource. The Scottish Government has no plans to revise the Charter at this time.

The Charter for Grandchildren is available at the following link:

https://www.gov.scot/publications/parenting-plan-charter-grandchildren/

The Scottish Government has committed in the Family Justice Modernisation Strategy to further promote the Charter for Grandchildren.

The Family Justice Modernisation Strategy is available at the following link:

https://www.gov.scot/publications/family-justice-modernisation-strategy/pages/1/

I refer the member to the answer to question S5W-35362 on‎ 11 March 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

Ministers have not discussed the outcomes of the Island Communities Impact Assessment on HIAL’s Air Traffic Management 2030 Strategy (ATMS) with HIAL. Implementation of the ATMS project, including consideration of the outcome of the Island Communities Impact Assessment, is an operational matter for HIAL.