Chamber and committees

In November 2024, the Scottish Government published its Asylum Right to Work pilot proposal. It proposes a number of changes to current UK policy with regards to the right to work for people seeking asylum.

Policy officials from both the Asylum & Refugee Integration team and the Population team contributed to development of the proposal, however there were no civil servants allocated to this work on a full-time basis.

Legislation surrounding the use of e-bikes and e-Scooters is a reserved matter for the UK Government.

For an e-bike to be legal for use in the UK, they must be electrically assisted pedal cycles and the electric motor should not be able to propel the bike when it’s travelling more than 15.5mph. This ensures speeds similar to that of other bicycles.

In Scotland, it is illegal to ride an e-scooter on a public road, pavement, cycle paths, shared paths or any public place. It is lawful to use e-scooters on private land with the landowners permission. The previous UK Government had intended to bring forward legislation to fully legalise e-scooters in 2022, however this was paused due to a change of Prime Minister and a Cabinet reshuffle.

As such, electric scooters are covered by the same UK-wide laws and regulations that apply to all motor vehicles. It is every road and path users responsibility to respect others and the Highway Code outlines both rules and guidance for everyone.

The Scottish Government requires ScotRail and Network Rail in Scotland to co-operate in the management, monitoring and improvement of Scottish train performance. The Office for Rail and Road publishes performance data for Scotland on its website. Delays and cancellations to Scottish rail services can be caused by problems with infrastructure, rolling stock, availability of staff (including through industrial action) and delays introduced to the Scottish rail network by poor performance of cross-border rail services from England.

Under the Environmental Protection Act 1990, land contamination is the responsibility of local authorities. Any land which is identified as being contaminated, including any contaminated by historic metal mining, should be managed in accordance with their routine regime of identifying and securing remediation for contaminated land.

I refer the member to the answer to question S6W-32124 on 7 January 2025. 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.

The Force Majeure/Exceptional Circumstance (FM/EC) provision is one that has existed for a number of years and if a business has been unable to comply with the rules of a scheme because of FM/EC, they may retain the right to aid in respect of the claim. To qualify, a business must notify the Scottish Government Rural Payments and Inspections Division (SGRPID) in writing of the FM/EC event along with relevant evidence from the date they are in a position to do so.

The FM/EC provision applies on a case by case basis, and decisions are taken on the basis of relevant evidence provided. The way on which the Scottish Government continue to approach cases relies on the approach set out by legislation.

Examples of force majeure or exceptional circumstances are:

a. the death of the farmer

b. the long-term professional incapacity of the farmer

c. a severe natural disaster gravely affecting the holding's agricultural land

d. the accidental destruction of livestock buildings on the holding

e. an epizootic affecting part of or all of the farmer’s livestock (for example, Foot and Mouth Disease)

This is not an exhaustive list and animal health concerns, weather conditions, bull failure or transport issues may also qualify as FM/EC. These are only examples and they are not, by themselves, sufficient to qualify as FM/EC and the applicant would still need to provide evidence in support of these events that demonstrate that calving performance has been impacted by comparison to previous years.

In August 2024, the Scottish Government posted a Frequently Asked Questions (FAQ) Scottish Suckler Beef Support Scheme (Mainland and Islands) to support the industry with information on the new calving interval condition being introduced to the Scottish Suckler Beef Support Scheme (SSBSS) from 2025. The FAQ includes detail of the FM/EC provision in the context of the SSBSS calving interval condition, including the type of evidence that would be required to support a request for it to be applied.

ScotRail stations will continue to offer access to Facilities and toilets used by the public and in most cases will remain open even when ticket offices are shut.

Any cancellations, delays or disruptions are disappointing and we recognise the impact that this has on rail users. However cancellations represent a small percentage of the overall number of ScotRail services. ScotRail’s performance is consistently higher than the GB network average.

I refer the member to the answer to the question S6W-32514 on 8 January 2025. 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

Maintaining provision of free and reduced cost travel facilities for rail staff was included in the original rail privatisation legislation.

The Member may wish to contact ScotRail directly for more details.

The Environmental Protection (Single-use Plastic Products) (Scotland) Regulations 2021 do not include a power to seize single use plastic items. They do, however, allow the taking of samples of articles or substances found in any premises that the enforcement officer enters. These samples, which could include single use plastic items, can then be retained for the purposes of examination and testing and to be used in evidence in any proceedings for an offence under the Regulations. Information on any samples taken and retained may be available from the enforcement authorities.