Chamber and committees

The two schemes are not related.

The decision by the then Cabinet Secretary for Transport, Infrastructure and Connectivity to progress the Levenmouth Rail Link was based on the findings of the Levenmouth Sustainable Transport Study.

The study was undertaken in line with Scottish Transport Appraisal Guidance (STAG) and provided robust evidence of a Strategic Business Case (SBC) for the Rail Link. The SBC provided the initial stage of the business case for the Rail Link in accordance with Transport Scotland's guidance on the development of business cases, which then progressed through the subsequent stages of the business case process.

The Winchburgh station proposal is developer led. It is for Winchburgh Developments Limited to progress the required business case.

Transport Scotland has fully allocated its budget to rail projects which are currently the Scottish Government’s priorities.

These projects have been subject to review under our Scottish Transport Appraisal Guidance (STAG).

The content of any legal advice is confidential. By long-standing convention, successive Scottish and Westminster Governments have not disclosed the source or content of legal advice other than in the most exceptional circumstances.

However, we have sought to provide some further details of the relevant legal background. There are multiple constraints on the ability to legislate in relation to this matter. Firstly, the Scottish Parliament cannot make laws which relate to a reserved matter. The relevant reserved matter is Section L2 of Schedule 5 of the Scotland Act 1998 which reserves the subject matter of “Equal opportunities”. A proposed new duty relating to inclusive communications relates to this reserved matter and therefore falls within one of the limited exceptions to this reservation.

Further, in terms of section 29(2)(c) and schedule 4 of the Scotland Act 1998, the Scottish Parliament cannot make laws which modify the law on reserved matters. The Equality Act 2010 is a law on reserved matters and as such a new duty related to inclusive communications cannot modify any provision of it. Lastly, the enabling power for a new duty was limited to the following (as per section 153 of the Equality Act 2010): regulations which have the purpose of enabling the better performance of listed authorities of their public sector equality duty.

Our commitment relating to inclusive communication was part of our work considering improvements to the operation of the Public Sector Equality Duty (“PSED”) in Scotland, which is contained in section 149(1) of the Equality Act 2010. The Scottish Government has limited competence to legislate in relation to equal opportunities including the PSED.

In relation to supporting public authorities to better comply with the PSED, the only available legislation making power Scottish Ministers have is to impose specific duties under the Equality Act 2010, therefore no other alternative legislative route is available.

The Scottish Government is committed to an ongoing programme of land reform, working with the powers and resources available to us, to tackle the pattern of land ownership in Scotland. Communities in Scotland now have more options than ever before to take ownership of land and assets. Since 2016, the Scottish Land Fund has approved 300 awards of funding for the acquisition of land and land assets, totalling over £50m, bringing over 24,500 acres into community ownership.

The Land Reform (Scotland) Bill introduced into Parliament earlier this year sets out ambitious proposals that will change how land is owned and managed in our rural and island communities for the better. If passed by the Scottish Parliament, the Bill will prohibit certain sales of over 1,000 hectares, until Ministers can consider the impact on the local community. Potentially, this could lead to some landholdings being lotted into smaller parts if this will support community sustainability. The Bill also seeks to empower communities with more opportunities to own land through introducing advance notice of certain sales from large landholdings.

The Scottish Government is progressing Equally Safe, Scotland's strategy to prevent and address all forms of violence against women and girls, specifically violence, abuse, and exploitation directed at them because of their gender.

The Equally Safe Delivery Plan underpins the wider strategy and outlines collaborative working between key partners across the public and third sectors. It sets out a wide range of deliverables and actions that reach across many areas, including education, health, and justice to ensure the aims of the Equally Safe strategy are achieved.

The Scottish Government remain committed to increasing the Scottish Land Fund to £20m by 2026. Annual budgets for the SLF are set as part of the annual budget process.

The Scottish Government remains committed to the Orkney Ferry Replacement Task Force, which is supporting the Council address its fleet replacement challenges.

Local authorities have the freedom to create exemptions and rebates at a local level to suit the needs and demands. When local government and the tourism sector have a strong consensus that there is a need for a specific exemption from the scope of a visitor levy, the Scottish Government will explore delivery in partnership with local government.

Scottish Government is currently assessing alternative spending models for natural restoration that will seek to encourage greater responsible private investment.