Chamber and committees

The Scottish House Condition Survey (SHCS) collects information about the physical characteristics of Scotland’s homes. The SHCS gathers data on the age of the dwelling broken down into six categories, pre-1919, 1919-1945, 1945-1964, 1965-1982, 1982-2002, post-2002. The age bands used reflect different architectural styles, construction techniques and building regulation standards. In the SHCS, traditional buildings are defined as pre-1919 built as evidence shows that construction methods moved away from solid stone walls to more modern practices at this time. The proportion of the housing stock in each local authority area comprised of traditional buildings is included below. Averaged over 2017-2019 we estimate that around 19% of occupied dwellings were constructed pre-1919.

Police Scotland consider they would be able to effectively police the proposed site in Glasgow. Police Scotland have operational independence and how any facility might be policed is a matter for them, however it has been of the utmost importance to me to ensure that Police Scotland retain the operational ability to effectively police the facility and ensure that the wider community, those operating the site and those using the facility can be kept safe.

The Energy Saving Trust, an advice service funded by the Scottish Government, has gathered case study data from 85 pre-1919 properties across Scotland that have gone through various degrees of retrofit and the installation of modern energy efficiency measures and clean heating systems. These can be found at: Energy Saving Trust | Green Homes Network . Learning from these case studies will further help us develop policy and highlight areas where further research is required. The Scottish Government has also recently published research looking at different options for conducting whole building assessments in multi-owner and mixed-use buildings as current building assessment methods in Scotland are used for single dwellings and not at a whole building level. A proportion of these buildings will be of traditional construction. The research can be found at Whole Building Assessment for energy efficiency and zero direct emissions heating .

Officials will identify what further research may be required through engagement during the consultation on proposals for a Heat in Buildings Bill.

The Scottish House Condition Survey (SHCS) gathers data on the age of the dwelling broken down into six categories, pre-1919, 1919-1945, 1945-1964, 1965-1982, 1982-2002, post-2002. The age bands used reflect different architectural styles, construction techniques and building regulation standards. Therefore, we are unable to provide data specifically on dwellings built prior to 1914 but can provide data on dwellings built prior to 1919. The proportion of the housing stock in each local authority area comprised of pre-1919 buildings is included below. We estimate that around 19% of occupied dwellings were constructed pre-1919.

As set out in the Policy Memorandum, accompanying the Visitor Levy (Scotland) Bill, the policy intention is that a local authority can establish exemptions to a visitor levy scheme in its area as it believes are appropriate. The Bill therefore provides for a local authority to put such exemptions in place, which will be informed by advice in national guidance being developed by local government and business organisations in the Visitor Levy Expert Group.

Since the independent Barclay Review of Non-Domestic Rates, we have implemented a range of key reforms and changes to the non-domestic rates system, some of which came into effect on 1 April 2023.

The SPCB’s answer to question S6W-16094 explained that, in line with established procurement practice, the SPCB does not publish specific tenderer information which it considers might prejudice fair competition, which could prejudice the commercial interest of any person or organisation or where it would otherwise be contrary to the public interest to do so. The SPCB does not consider it appropriate to publish the information requested.

The SPCB’s procurement function operates in accordance with its published Procurement Strategy and established industry practice including guidance published by the Scottish Government. There are robust processes in place to deliver sustainable contracts that provide best value for money and resilient supply chain governance.

The latest SPCB Procurement Report can be obtained at Annual Report.

The SPCB’s answer to question S6W-16094 explained that, in line with established procurement practice, the SPCB does not publish specific tenderer information which it considers might prejudice fair competition, which could prejudice the commercial interest of any person or organisation or where it would otherwise be contrary to the public interest to do so. The SPCB does not consider it appropriate to publish the information requested.

The SPCB’s procurement function operates in accordance with its published Procurement Strategy and established industry practice including guidance published by the Scottish Government. There are robust processes in place to deliver sustainable contracts that provide best value for money and resilient supply chain governance.

The latest SPCB Procurement Report can be obtained at Annual Report.

Information on the percentage of plastic collected and recycled in Scotland, and outwith Scotland is available from SEPA (Scottish Environment Protection Agency) via its ‘waste from all sources’ data reporting tool: https://informatics.sepa.org.uk/WasteAllSources/

Further to the Deputy First Minister’s statement in Parliament on 31 October and the subsequent session of First Minister’s Questions on 2 November, this written answer sets out further clarification of the timeline of requests made for documentation relating to Module 2A of the Inquiry, which is concerned with decision making in Scotland. The excerpts from Rule 9 requests below have been produced with the agreement of the Inquiry and Scottish Ministers are grateful to them for their permission to do so.

Accordingly, we set out below further details of the sequence of requests which have been made. For the avoidance of doubt, when the passages below refer to WhatsApp messages, this includes all messages sent by way of similar informal messaging systems.

• On 4 November 2022, the Inquiry sent to the Scottish Government an initial draft request under Rule 9 of the Inquiry Rules 2006 which included the following question asking about the extent to which there was informal or private communication about significant decision-making, including for example whether there were WhatsApp groups (or other forms of group chats) which key decision-makers used to communicate about such decisions or to make such decisions:

“ To what extent was there informal or private communication about significant decision-making? For example, were there WhatsApp groups (or other forms of group chats) which key decision-makers used to communicate about such decisions or to make such decisions?”

• On 2 February 2023 the Inquiry sent a final version of the Rule 9 Request referred to above. This included requests for key communications and significant correspondence, including WhatsApp messages, relating to a range of different issues including, for instance, key meetings concerning the pandemic response in Scotland, messages about key decisions or by which such decisions were taken, meetings with the UK Government and messages about decision making relating to non-pharmaceutical interventions.

• In addition to requests for WhatsApps being made in specific contexts, the following request was made at paragraph 22:

“To what extent was there informal or private communication about significant decision-making? For example, were there WhatsApp groups (or other forms of group chats) which key decision-makers used to communicate about such decisions or to make such decisions? Please provide any communications relating to key decisions, including internal and external emails, text messages or WhatsApp messages (on Scottish Government and private or personal devices), held by the Scottish Government.”

• Similar Rule 9 requests were received from the Inquiry in February and March 2023 seeking evidence, including WhatsApp messages, from Scottish Government Directorates.

• The Scottish Government submitted draft responses to the Inquiry relating to these requests throughout Spring 2023. In those responses it made clear that all key decisions and decision making were recorded on the Scottish Government corporate record. No WhatsApp messages were submitted as part of those responses.
• These draft responses were finalised at the Inquiry’s request at the end of June 2023 and have now been disclosed to the Inquiry’s core participants.
• Based on its review of these responses, the Inquiry considered that further information was required in relation to the use of WhatsApps in response to the requests set out above, and thus a further specific rule 9 request was issued to the Scottish Government on 22 June 2023 seeking details of its policies relating to the use of informal messaging for the conduct of government business.

This request sought specific information about the use of WhatsApp groups concerned with the Covid-19 response, including those used for coordination, logistics, ad hoc or day-to-day communications, as well as those that discussed decision making or policy. It asked for the names of any such groups, their members, their roles, the date range of their activity, and the quantity of messages per group, as well as an indication of the topic(s) of those messages. Draft responses were submitted on 29 August and a further revised version on 11 October 2023. The final response will shortly be processed by the Inquiry.

• Once such information concerning the use of such groups had been provided, the Inquiry asked in September 2023 to be provided with the messages contained within those groups.
• In July and August 2023, a significant number of Rule 9 requests were sent to individual Ministers, former Ministers and civil servants all requesting evidence concerning WhatsApp and informal communications with Cabinet Secretaries, Ministers, senior civil servants or advisers (whether on Government issued or personal devices) and asking for copies of such messages to be provided.
• The Scottish Government considers that given the large amount of sensitive and personal information contained within the WhatsApp messages and other informal messaging supplied to it, in order to comply with its data protection obligations there requires to be a clear legal basis for the transfer of such data to the Inquiry (bearing in mind that the High Court case of Cabinet Office v Chair of the UK Covid-19 Inquiry [2023] EWHC 1702 (Admin) on 6 July 2023, made it clear that it is for the Inquiry to determine the relevance of material that it has requested). Scottish Government therefore requested on 5 October 2023 that the Inquiry issue a notice under Section 21 of the Inquiries Act 2005, requiring the Scottish Government to supply such information that it holds, thus providing that clear legal basis.
• The Inquiry issued this Section 21 Notice on Monday 30 October, setting a deadline of Monday 6 November for the information to be supplied. The Scottish Government complied with this deadline and released all such messages it held to the Inquiry on 6 November.

We hope that this further detail, including the further detail on requests made by the Inquiry, will clarify the timeline of events in question.