Chamber and committees

The central register of interests is not published.     The register is updated as and when new interests emerge and on an annual basis Group Heads are requested to review entries on the register for their staff to ensure that it remains accurate.   However, the SPCB recognises that transparency is important to ensure confidence in the process for managing conflicts of interest for SPS staff.  Officials are currently reviewing the Code of Conduct and as part of this review the SPCB will consider whether publication of all or part of the register of interests is appropriate.  The SPCB has requested advice from officials to assist it with its consideration of this matter.  

We are aware that, following our successful public awareness campaign, there is significant public interest in carrying out work to comply with the new standard for fire alarms in all Scottish homes. It is, therefore, possible, that some retailers will have short term supply issues. We are also aware that some manufacturers may be affected by difficulties with imported components. However, 90% of the market share is met by manufacturers with a UK base using European components, and they have assured us that there is a sufficient supply of alarms available to meet the expected demand by 1 February 2022, when the new standard comes into force.

However, I would emphasise that when the legislation comes into force, it says that work should be done within a reasonable period, which takes into account individual circumstances. No home owner will be penalised if they are unable to do the work within that timescale.

As indicated in the response provided in answer S6W-04126 on 12 November 2021, the Aerospace and Defence Industry Group (ADIG) is the industry-led successor body to the Ministerial-led Aerospace Response Group (ARG) and membership of ADIG was extended to all members of the previous group.

Secretariat to the ADIG is provided by the industry body ADS Scotland, therefore information regarding membership of ADIG is a matter for them.

The process for declaring an interest is outlined in the SPCB staff conduct rules. 

The purpose of the Code of Conduct is to set out standards of behaviour required of SPCB staff.  The Code of Conduct is a tool for ensuring that SPCB staff meet their contractual obligations and for enabling managers to manage staff conduct.

All staff are required under the Code of Conduct to inform their Head of Office/Group if they have a private interest which may impact on the conduct of their duties. The responsibility rests with the individual member of staff who must declare all interests of a personal, financial, political or professional nature which may compromise or be reasonably perceived to compromise that person’s ability to perform their role in an impartial or objective manner.  

The Code of Conduct requires managers and staff to take steps to mitigate for the risk of a potential conflict of interest so that it, or the perception of a conflict, can be removed.  Management action can include requiring the member of staff to withdraw from the work where the conflict has or may arise, referring decisions to others or requiring the member of staff to withdraw from the activity giving rise to the actual, potential or perceived conflict.

The People and Culture Office maintains a central record of interests.  This is a live register which is updated regularly.   This means that new interests can be added as and when they arise, and interests can be removed as they cease to be relevant.   For example, when a member of staff ceases to carry out an activity which gave rise to a potential conflict of interest the activity is removed from the register.  

The SPCB is aware that there is an increased level of scrutiny of standards in public life and that transparency is important to give re-assurance.  The current arrangements, including the central register of interests, have been in place since 2010.  The SPCB is currently reviewing the Code of Conduct and has asked officials to provide advice on this matter.  

The SPCB will publish the outcome of its review in line with the SPCB’s Publication Scheme and will notify the Member when it has done so. 

The Scottish Government is clear that wildlife crime is abhorrent, reprehensible and unacceptable. The persecution of birds of prey has no place in modern Scotland. It is also completely at odds with our work to address the biodiversity crisis, which is supported by so many people and organisations across Scotland.

That’s why we have taken a number of steps over recent years to strengthen the law on wildlife crime - most recently through the introduction of the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act which makes a number of important changes to wildlife legislation.

The Act, which was passed by the Parliament in June 2020, increases the penalty for a range of wildlife offences, including the killing of birds of prey. Individuals found guilty of those types of offences can now face up to five years imprisonment and/or an unlimited fine. The Act also gives Police Scotland more time to investigate wildlife crimes.

Furthermore, we commissioned, and committed in our 2021-22 Programme for Government to delivering the recommendations of, the Grouse Moor Management Review Group. This is being done as a matter of urgency and includes the licensing of grouse moors.

The following table provides information on how many applications to the Forestry Grant Scheme have been rejected, in how many cases the applicant formally requested a review of the approval decision, how many reviews have been upheld and how many are awaiting a decision, in each year since 2015.

In designing the new service yard and garage, both the safety of the overall operating system and the safety of those using and accessing the garage were fully considered and assessed.   

Design assessments were made in relation to users’ safety and these assessments included: 

·        A design specification, setting out the safety requirements of the new system.  

·        An access report, covering the proposed flow of vehicle travel in the system.  

·        A design risk assessment.  This was carried out by the gate manufacturer to reduce or eliminate risks from gates and barriers with appropriate safety measures.   

·        Safety features including automated traffic controls and safety sensors on all moving parts, including all barriers and gates. 

·        A health and safety review which resulted in updated health and safety arrangements in the service yard area. 

The design process set out the safety standards the component parts of the new vehicle entry system was required to comply with.  These included the European Standards relating to the safety of security gates and barriers.  These were therefore installed and commissioned to appropriate European Directives.  This process was carried out in conjunction with the Parliament’s Health and Safety Adviser. 

In addition, a review of existing health and safety arrangements in the service yard area was carried out as part of the new system design.  Existing arrangements include a 5mph speed limit in the service yard, annual training including vehicle movement toolbox sessions, marked pedestrian walkways and the requirement for pedestrians to wear hi-vis clothing at all times in this area. These existing assessments are considered appropriate in addressing any safety risks in the area. 

Recyclate contracts are typically much shorter than residual waste management arrangements, normally 1 to 3 years. Modelling by Zero Waste Scotland projects that for 29 out of the 32 Scottish local authorities, cost savings from residual waste reductions as a result of the Deposit Return Scheme will be greater than any lost recyclate-related income. Zero Waste Scotland is working with the three remaining local authorities to see how their collection and processing systems can be reshaped following introduction of the Deposit Return Scheme to realise efficiencies and to help mitigate any potential losses. Local authorities are also expected to benefit from a reduction in the impact of litter, for instance through reduced demand for street cleansing.

We are taking key steps to support local authorities in the introduction of our Deposit Return Scheme, to help meet our ambitious waste reduction, recycling and climate change targets. This includes making our first investments from the £70m Recycling Improvement Fund to support local authorities in improving recycling infrastructure, and working with local government partners to review the Household Recycling Charter’s Code of Practice, to help make it easier for householders to recycle the right things. The review will ensure that the Code of Practice continues to enshrine best practice and prepares local authorities for the implementation of Scotland’s Deposit Return Scheme (DRS).

North Ayrshire Council has an estimated unitary charge payment of £4 million in 2021-22 for the ongoing Largs Campus contract that formed part of the NPD/hub Programme. The council also has an estimated unitary charge payment of £13 million in 2021-22 for the ongoing North Ayrshire Schools PFI contract.

The First Minister announced funding to support small and medium-sized businesses to make improvements to their ventilation, would be made available. The Business Ventilation Fund opened for applications on 23 November 2022.

Businesses are currently providing information as part of this application process in advance of any funding being issued.