Chamber and committees

Decisions on future funding for third sector organisations dealing with domestic abuse will be confirmed on completion of the budget process later this year.

This work related to a new duty related to inclusive communication in Scotland made under the Equality Act 2010. This means that the legislation could only relate to communities who have protected characteristics set out in that Act.

However, the Scottish Government’s policy understanding of inclusive communication, is as follows: “Inclusive communication is giving information in a way that is accessible to as many people as possible. It ensures people can receive information and express themselves in ways that best meet each individual’s needs.” Therefore we anticipate that many communities could benefit from activities to enhance the use and understanding of inclusive communication across the public sector.

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 contracts for support services for the Small Vessel Replacement Programme commenced in 2019 and will conclude in 2027. The value of these contracts is commercially confidential.

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.

As part of discussions around the development of a fiscal framework, and in direct response to specific requests to explore a general power of competence, both officials and Ministers have held numerous meetings with COSLA, SOLACE and Local Government representatives to clarify what additional powers Local Government would wish to use and to better understand the restrictions of the wide latitude of existing legislative provisions, which include a power for local authorities ‘to do anything to advance well-being’ in their local area. Regular discussions are ongoing, with the most recent meeting held on 14 October, and further meetings planned to develop robust proposals for such a power to ensure that any legislative amendments will be effective in delivering the greater freedoms local authorities wish to have while providing assurance over potential increased financial risk.

The Scottish Government recognises the importance of accountability and seeks to ensure that it is built into everything that we do. Regarding monitoring arrangements, the responsibility for oversight of compliance with the Equality Act 2010, including compliance with the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 including Regulation 11, rests with the Equality and Human Rights Commission (EHRC), which has issued guidance on how the Regulations should be applied in practice.

If passed by the Scottish Parliament, the Land Reform (Scotland) Bill will prohibit certain sales of over 1,000 hectares, until Ministers can consider the impact on the local community. Ministerial consideration of a lotting decision and what factors may be expected to make a community more sustainable will be based on the individual circumstances of the landholding and the particular communities in question.

While this assessment will depend on these individual factors, it is anticipated that the assessment of potential contributions to the sustainability of communities would include having regard to high level objectives such as economic development, repopulation, maintenance of populations, regeneration, public health, social wellbeing and environmental wellbeing.

Further information can also be found in my letter to the Convener of Net Zero, Energy and Transport Committee: cabsecralriproviding-further-information-following-informal-briefing-on-the-land-reform-bill-14-may.pdf (parliament.scot)

The Scottish Government‘s forthcoming Natural Capital Markets Framework will set out the actions we will take to deliver our market vision for private investment in natural capital, including in relation to transparency and integrity.

There are no immediate plans to ask Public Health Scotland (PHS) to expand the content within their Accident and Emergency publications.

Due to data quality and completeness issues, PHS do not publish information on the full list of data items in the A&E dataset, including patient triage category as it would not provide an accurate national picture or meaningful comparisons between NHS Boards.

We continue to work with PHS to ensure that A&E reporting guidance can be applied as consistently as possible across NHS Scotland and publication of data is subject to the necessary data quality and completeness standards being met.