Chamber and committees

I refer the member to the answer to question S6W-15423 on 7 March 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/written-questions-and-answers

Under the Matrimonial Homes (Family Protection) (Scotland) Act 1981 a spouse can ask the court for an exclusion order to remove the other spouse from the matrimonial home. Civil partners have a corresponding right under the Civil Partnership Act 2004. A cohabitant can also seek an exclusion order where the court has granted them occupancy rights.

The court can make an exclusion order if it appears to the court that the making of the order is necessary for the protection of the applicant or any child of the family from any conduct or threatened or reasonably apprehended conduct which is or would be injurious to the physical or mental health of the applicant or child.

These orders are temporary. For example, an order will end if the family home is sold or the couple divorce.

There are other civil remedies available to those at risk of domestic abuse. These include an interdict which can prohibit or restrain specified behaviour. By virtue of the Domestic Abuse (Scotland) Act 2011 a breach of a domestic abuse interdict with a power of arrest attached is a criminal offence. Another potential civil remedy is a non-harassment order under the Protection from Harassment Act 1997, breach of which is again a criminal offence.

The Scottish Law Commission are considering carrying out a review of civil remedies in relation to domestic abuse in phase 2 of its work on aspects of family law .

The member is welcome to write to me raising specific points about exclusion orders or other civil protection measures.

Social landlords in Scotland must already meet the Scottish Housing Quality Standard which requires properties to be free from damp, have adequate ventilation and be suitably insulated and they must ensure any requests for repairs are carried out in a timely fashion. Compliance is monitored by the Scottish Housing Regulator. If landlords fail to comply, tenants can escalate complaints to the Scottish Public Sector Ombudsman. The latest report on the Scottish Housing Charter shows that almost 9 out of 10 social tenants are satisfied with the homes and service that their landlord provides.

The Regulator is currently working proactively with social housing providers to identify and share best practice in dealing with damp and mould and is expected to publish updated guidance shortly.

The Scottish Government does not hold that specific information. However statistics collected from local authorities includes information on housing for disabled people: Housing for Older People and People with Disabilities and the Scottish Housing Regulator also collects information on numbers of housing units for disabled people: Statistical information | Scottish Housing Regulator .

The Scottish Government is committed to improving the lives of people with complex care needs. Along with the Minister for Mental Wellbeing and Social Care, I recently wrote to all areas to encourage greater collaborative working across integration authorities and local authorities to deliver integrated housing, care and support services for people with complex care needs living in Scotland.

The Scottish Government does not hold this information as the recruitment and deployment of all staff in local authority schools is a matter for individual Councils.

The HIV Transmission Elimination Implementation Group will be responsible for assessing and prioritising the recommendations contained within the HIV Transmission Elimination Proposal.

The group is currently being formed and will be co-chaired by Professor Nicola Steedman, the Scottish Government’s Deputy Chief Medical Officer and Dr Dan Clutterbuck, Lead Clinician for Sexual and Reproductive Health, Lothian Sexual and Reproductive Health Services and Honorary Clinical Senior Lecturer, University of Edinburgh.

The formal governance and reporting structures are still to be agreed upon and will form part of the discussion at the first meeting, which is scheduled for the end of March.

Although UCAS has confirmed that at the end of the January equal consideration date there has been a reduction in applications compared to this time last year, our higher education institutions will continue to accept, and consider, applications until the end of June and thereafter through any clearing process. Therefore, we expect application numbers to continue to increase. Scotland’s higher education institutions are working hard to recruit applicants to their nursing programmes and it is worth noting that not all funded places are applied for via UCAS(for example our Open University funded places), and these applications will also contribute to final numbers.

Alongside this, we continue to explore alternative pipelines into the nursing profession such as earn as you learn routes and apprenticeships. In addition to that work we will also address current challenges to the nursing profession in relation to workforce supply, retention and professional development as part of the new Nursing and Midwifery Taskforce. This will ensure our nurses, already the best paid in the UK, will have the best conditions and career opportunities.

We realise that recruitment to initial teacher education is challenging for various reasons and this is being seen across the UK. However, as in previous years, Scottish universities will keep their application processes open until they have met their targets in both primary and secondary by subject. We will continue to work with universities to monitor applications to all initial teacher education programmes. Typically, we have seen teacher training applicants increase by around 17% by the end of the application cycle.

Whilst organisations are encouraged to apply in advance, registered charities and community amateur sports clubs (CASCs) have until 31 March 2023 to apply for the water and sewerage charges exemption scheme for the 2022-23 financial year. If exemption is granted, it will be backdated to 1 April 2022 - provided the criteria of the scheme were met at that time - and any charges will be refunded. The organisation’s income must be below £300,000 to qualify. Exemption will not be granted if:

• The organisation holds a permanent alcohol licence to sell alcohol at the premises
• the premises is a charity shop or other premises used for the purposes of retailing new or second hand merchandise
• the premises operates as a café which is open to the public and operated on a regular basis to generate income
• the organisation is a local council or an Arms-Length External Organisation (ALEO) which can be used by councils to deliver services

A strategic outline business case was approved in November 2022. A full outline business case, incorporating the findings from the pilot phase of the Cladding Remediation Programme, is due for completion in Summer 2023 and will inform the development of the full outline business case. 

In Scotland, wildfowling on the foreshore is a public right. While the Parliament could potentially legislate on wildfowling, the Scottish Government does not have any current plans to bring forward legislation to prevent wildfowling on the foreshore.