Chamber and committees

I refer the member to the answer to question S5W-19566 on 26 July 2023. 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/questions-and-answers .

Vehicle standards remain a reserved matter for the UK Government.

Electric vehicles (EV) have come under scrutiny in regards to the lack of noise emission at lower speeds. Although when driving above 20 mph the road noise from tyres and wind mean that EV noise to pedestrians is virtually identical to petrol/diesel vehicles, but they are far quieter in operation at low speeds than traditional vehicles.

The UK Transport Research Laboratory published a research paper regarding whether adding in additional noise at low speeds for EV’s would be a positive move. Within the research paper it was noted that the audibility of EVs presents a very small risk to pedestrians specifically those who are vision-impaired. More specifically when in urban environments where tyre/ road noise is potentially masked by general background noise.

However ‘added sound’ to improve the audibility of EVs needs to be given careful consideration. There is many factors to take into consideration such as environment, speed and background noise which can all mask the audibility of the vehicle. This makes moves to impose minimum noise limits on vehicles challenging.

Victims have a legal right to request certain information about cases they are involved in. This includes information about the decision of the court in imposing a sentence in a relevant case and information about any appeal decisions made relating to a sentence in a relevant case. Further information on how victims can request such information can be found on the Scottish Sentencing Council website .

Specifically about the process of appealing sentences, the offender themselves or the Crown Office and Procurator Fiscal Service can appeal the sentence imposed. The offender can appeal a sentence on the basis it is excessive while the Crown Office and Procurator Fiscal Service can appeal on a point of law or on the basis of undue leniency. Victims do not have a right to appeal sentences.

In many cases, the Victim Information and Advice (VIA) Service within Crown Office can provide direct support to victims including helping understand how the criminal justice process operates such as sentencing in cases and appeals from sentencing. Where a victim has concern about a sentence, victims are able to make representations to the Crown Office indicating they consider a sentence in a particular case is unduly lenient and these representations will be considered.

Separate from the Crown Office, Victim Support Scotland offer free, independent and confidential advice to all people impacted by crime. This can be done in person, on the phone or online. Their staff and volunteers are available to support and guide victims through the criminal justice process including helping understand how sentencing operates and sentence appeal processes. On occasions, people may be referred to specialist agencies where this may be needed.

The Scottish Government is currently reviewing existing private water supply legislation, which will align private water supply policy with the EU’s recast Drinking Water Directive and further measures required to adapt to climate change impacts. This includes provisions relating to access to water and taking a risk-based approach from catchment to tap. A public consultation on potential policy proposals covering the water sector including PWS, is planned for the Autumn.

I refer to the answer for S6W-20472 on 29 August 2023 and add that, in addition to reviewing existing legislation on private water supplies, the Scottish Government is working closely with Scottish Forestry to update the existing guidance note ‘ Protecting private water supplies during forestry activities ’. This guidance builds upon The UK Forestry Standard (UKFS) .

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

It is not possible to make a precise assessment of the payment reform changes and their impact on future oral health inequality patterns at this stage.

The Government has for some time been working apace on payment reform for NHS dentistry, and on the 27 July this was communicated to the sector, with implementation scheduled for 1 November 2023. The new model seeks to improve and protect patients’ oral health by focussing on more patient-centred care such as preventative periodontal – gum disease – treatments.

This is a complex, far reaching change with longer-term implications. Payment reform will provide a range of data that will enable the Government to assess the impact on dental activity and longer-term oral health inequality patterns. The enhanced payments to practices for the treatment of patients in Scottish Index of Multiple Deprivation 1 areas has also been retained.

Payment reform should also be seen in the context of well-established and proven programmes such as Childsmile which specifically targets child oral health inequalities by providing fluoride varnish treatment to nursery and early years schoolchildren from SIMD 1 areas. Tackling oral health inequalities requires a multi-faceted approach, not necessarily confined to the patient-dentist relationship, and a recognition that intervention in the early years is critical to the establishment of good oral health habits.

The Hate Crime Security Fund was established as a one-off fund in response to the March 2019 Christchurch terror attacks. This met a government commitment to provide a £500,000 fund for security measures for Places of Worship in Scotland, announced on 27 January 2020.

The Scottish Government continues to invest in raising awareness, encouraging reporting and prevention in order to tackle hate crime in Scotland. There are no plans to launch another security funding scheme for places of worship in Scotland.

We continue to work with Police Scotland and others to safeguard all communities and potentially vulnerable people and sites. We would encourage organisations with concerns about their security or the safety of their members to contact Police Scotland.

The Scottish Government’s ability to respond to the current financial context is limited due to overall UK Government cuts and by the financial restrictions of devolution, requiring extremely hard funding decisions to be made across the budget. The Scottish Government values our culture sector and the contribution of the grassroots music industry to the cultural and economic offer in Scotland. We will continue to work with the sector to identify barriers to recovery, and do everything within our powers and resources to help it overcome these.

The £28 million fund has been launched for England and Wales only. The Scottish Government is not expecting any new Barnett consequential funding. We remain committed to preventing and tackling hate crime, including religiously motivated hate crime. The Scottish Government’s recently published Hate Crime Strategy makes a number of commitments including continued investment in raising awareness, improved support for victims and increased efforts in prevention.

We continue to work with Police Scotland and others to safeguard all communities and potentially vulnerable people and sites. We would encourage organisations with concerns about their security or the safety of their members to contact Police Scotland.

I can advise Parliament that the UK Government has today published the Target Operating Model (TOM) for the UK which interacts with areas of devolved responsibility, this model is intended to set controls on imported goods entering the UK from the EU. It is a direct consequence of Brexit.

Over recent months the Scottish Government has worked constructively and collaboratively with the UK Government to help it meet its self-imposed deadlines, in light of our shared interest in, and responsibility for, biosecurity. In July, I signalled the Scottish Government’s agreement to the publication of the TOM as it stood at that time – despite our dissatisfaction with the process, reservations about some of the model and the fact that some key points would remain to be resolved after publication.

It was therefore hugely frustrating that the UK Government then unilaterally proposed changes to the model upon which we, and the Welsh Government, had agreed. I have been clear with UK Ministers that this approach is unacceptable.

Following a frustrating time revisiting negotiation, I have, once again, signalled to the UK Government that we are prepared to agree to the publication of the TOM. Given how imperative protecting Scotland’s consumers and businesses through robust biosecurity controls is, the UK Government’s unilateral decision to delay implementing the model is regrettable. However, I trust that publication of the model will give stakeholders both the ability to plan ahead and significant reassurance that we are acting to protect Scotland’s biosecurity.

The Scottish Government’s view remains that the best trading relationships for Scottish and UK businesses are to be found as members of the European Union. However, until Scotland is in a position to re-join the European Union and enjoy the security of its wider biosecurity controls, trade without controls on imported goods would create growing risks to biosecurity.

The Scottish Government still has a number of outstanding concerns around the model. My decision to adopt this latest version was subject to securing agreement from the UK Government that work will continue on resolving these concerns.

One such concern was around how the model interacts with the Windsor Framework. Over recent months, officials have spent a significant amount of time working through this. Stakeholders will see that the model sets out how different types of goods entering Great Britain via Ireland and Northern Ireland are to be treated. However, we will need to continue working with the UK and other Devolved Governments and other key stakeholders.

For some time now, since the UK’s exit from the EU, our Scottish exporting businesses have had to comply with strict requirements to export to the EU, while importing businesses face, and will continue to face, considerably fewer hurdles. This imbalance, alongside a disadvantageous position for Scottish businesses compared to the unique arrangements in place for Northern Ireland businesses, creates an unlevel playing field for Scottish exporters. I have pressed the UK Government to consider mechanisms to re-set this imbalance – in particular, pursuing a veterinary agreement with the EU, which would pragmatically align standards and smooth trade. It is disappointing that the UK Government continues to refuse to consider these sensible solutions.

I want to make it clear to Parliament that the Scottish Government acknowledges that there are nevertheless remaining biosecurity risks. Therefore, the Scottish Government’s agreement to the model has been contingent on UK Government commitments that these risks will be closely monitored and reviewed across all the four nations and backed by appropriate governance structures, data and intelligence sharing and technical expertise.

Similarly, as the model will need to be underpinned by legislation, our agreement to publish the TOM has only been enabled by the commitment from the UK Government that the devolution settlement will be respected.

We acknowledge that the model is imperfect and that there are considerable areas which require further work across the four nations. Given the imperative of offering clarity for businesses which have been waiting for the ‘rule book’ for some time, the Scottish Government accepts the need to adopt this model. Adoption of this model is critical if we are to protect Scotland’s people and businesses from biosecurity threats; protect the wellbeing of our people, our fauna, our flora and our natural environment; and protect the provenance of our produce. We will therefore focus attention and resources on its implementation.

We cannot risk further delay to the model. The implementation dates set out by the UK Government must be final. Should there be any suggestion of further delay, the Scottish Government will not hesitate to reconsider its position.

Further information on the model can be found on the UK Government’s website:

The Border Target Operating Model: August 2023 - GOV.UK (www.gov.uk)

The Scottish Government places great importance on sport and leisure facilities, they are vital in supporting the physical and mental health of the nation. The Scottish Swimming Facilities Project will help accurately understand the current swimming pool provision, life cycle and predict the landscape in the short, medium, and long term.

The project has three phases:

1. Provide a high-level update on change since the Ticking Time Bomb report was produced in 2001. That report reviewed Scotland’s public swimming pools and the costs associated with maintenance, upgrades, and refurbishment. This new work will provide an update from the 2001 report, with a focus on the age, condition, numbers, categories, and locations of pools.

2. Provide good practice guidance on creating a more economically and environmentally sustainable swimming pool estate. This will consider energy consumption, operational costs, refurbishment, replacement, and adaptations in relation to both new and existing pools. It will also provide guidance on the development and operation of school swimming pools for community access.

3. Work with pilot local authority areas to implement the guidance developed in phase two, to demonstrate the future sustainability of the swimming estate.

In March 2023, Scottish Swimming appointed OLM Consulting to undertake this work. The work is well underway, and we expect Scottish Swimming to publish the results of phases one and two in the coming months.