Chamber and committees

Responsibility for the maintenance, upkeep and management of burial grounds in Scotland rests with the relevant burial authority: in the case of Ayr and Troon cemeteries, this is South Ayrshire Council. The Scottish Government has no locus to become involved in operational matters.

The Scottish Environmental Protection Agency (SEPA) has confirmed that local authorities are the lead regulator for new burial grounds or extensions to existing burial grounds. SEPA’s role is to provide advice to the local authority on environmental risks during the planning consultation process.

SEPA has no direct role in the maintenance or safety of burial grounds and local authorities are not required to consult with SEPA once planning permission has been granted. SEPA can provide technical advice to the local authority should they request it.

The Scottish Government remains committed to ensuring the respect and dignity of the deceased and the bereaved and will continue to engage with South Ayrshire Council on these matters and on what steps can be taken to avoid similar situations from occurring again.

Work to understand and tackle barriers to cervical screening is on-going. Public Health Scotland (PHS) has published Cervical Screening Toolkit (healthscotland.scot) , which aims to address falling attendance rates and increase understanding of cervical cancer and the benefits of cervical screening. The information aims to help professionals to better understand the barriers to attendance (especially with vulnerable groups) and to use tried and tested methods to increase attendance.

Scottish Government officials continue to engage with key stakeholders, including PHS and the National Screening Oversight (NSO) on the most effective method of implementing interventions. The £2 million screening inequalities funding that we are investing over 2021-22 and 2022-23 is supporting that wide ranging work nationally, including through a dedicated screening inequalities resource within NSO, and local funding across all Health Boards.

Additionally, we are funding Jo’s Cervical Cancer Trust with £456,000 for cervical campaign work across Scotland to raise cervical screening awareness, and that includes targeted engagement with groups where attendance has been found to be lower. That follows on from a report we commissioned from Jo’s Cervical Cancer Trust which looked at barriers to cervical screening: https://www.jostrust.org.uk/sites/default/files/report_on_scottish_cervical_screening_survey_-_final.pdf.

The Scottish Government is not aware of any concerns being raised with it on how levels of recorded domestic and sexual abuse against men compare to the rest of UK. The operational recording of information on such incidents is a matter for Police Scotland, and as with any report of criminal behaviour, will be underpinned by the Scottish Crime Recording Standard (SCRS). The Standard sets out to ensure a more victim-oriented approach is taken to recording crime, and ultimate responsibility for compliance lies with the Chief Constable.

In general, it should be noted that there are significant differences between Scotland and the rest of the UK in the definitions used to collect data on domestic abuse and violence. The definition of domestic abuse used by Police Scotland focuses on partners (married, cohabiting, civil partnership or otherwise) or ex-partners, and has no age restrictions for those involved. The definition used in the rest of the UK extends beyond partners to other family members, and is limited to those aged 16 and over.

In addition, when considering crime data across the UK, recorded crime statistics are not directly comparable. The main principles for when a crime should be recorded are similar in all four nations. However, there are various differences between the respective Counting Rules, which specify each nation’s approach for counting the number of crimes that should be recorded as part of any single incident. Furthermore, differences in legislation and common law also have an impact on the comparability of recorded crime statistics between Scotland and the other UK nations.

On 30 May 2022 we published our consultation on Delivering Scotland’s circular economy – a Route Map to 2025 and beyond. The Route Map sets out system-wide interventions to help deliver Scotland’s transition to a zero waste and circular economy, significantly increase reuse and recycling rates, and modernise and improve waste and recycling services. The consultation is available here: Delivering Scotland’s circular economy: A Route Map to 2025 and beyond - Scottish Government - Citizen Space .

The accompanying technical annex summarises available evidence on factors driving the current national recycling performance, and the rationale for proposed Route Map actions. Key factors include infrastructure modernisation, specific geographical challenges contributing to local performance rate variation, technical or economic options for reuse or recycling of products, and the incentives and guidance in place to support recycling participation across our economy and society.

The recent independent review of the role of incineration found that while there may be temporary under-capacity of residual waste treatment in Scotland in 2025, when the ban on landfilling biodegradable municipal waste comes into force, there is a risk of long-term overcapacity beginning from 2026 or 2027, if all or most of the incineration capacity in the pipeline is built.

The review noted that export is one of the short-term options for the treatment of residual waste in order to bridge the expected capacity gap. However, we will continue to work closely with local authorities and commercial operators to support those that do not currently have solutions to treat their residual waste ahead of the forthcoming ban on landfilling biodegradable municipal waste in 2025, taking account of the recommendations of the independent review and ongoing assessment of residual waste requirements and available capacity.

Scottish Government does not hold information on flytipping incidents in each local authority. This detailed information can be obtained by contacting local authorities directly.

There is no single dataset of all flytipping incidents in Scotland, as there is no legal requirement for duty bodies or landowners to report on flytipping externally.

The recent National Litter and Flytipping Strategy consultation covered proposals to improve data collection and reporting mechanisms, including mandatory reporting of flytipping incidents for statutory bodies. We are analysing responses in advance of publishing a final National Litter and Flytipping Strategy later this year.

This information has been placed in the Parliament’s reference centre (BIB number 63508 ).

The recent independent review of the role of incineration found that while there may be a temporary under-capacity of residual waste treatment in Scotland in 2025, when the ban on landfilling biodegradable municipal waste comes into force, there is a risk of long-term overcapacity beginning from 2026 or 2027, if all or most of the incineration capacity in the pipeline is built.

We are working closely with local authorities to support those that do not currently have solutions to the forthcoming ban on landfilling biodegradable municipal waste in 2025. The support includes facilitating collaborative procurement and providing technical, procurement and legal support for local authorities.

The Independent review of the Mental Health Act for those with learning disability or autism (Rome Review) recommended that those with learning disability and autism should no longer be included within the definition of ‘mental disorder’ under the Mental Health (Care and Treatment) (Scotland) Act 2003 but not that they should be removed entirely from the protections under that Act.

To fully explore the impact of this recommendation in the context of wider mental health law, the ongoing Scottish Mental Health Law Review, chaired by Lord John Scott QC, has absorbed consideration of this issue into its wider work. The Review’s final report and recommendations are due to be completed in September 2022.

The Scottish Government has committed to introducing a Learning Disability, Autism and Neurodiversity Bill. This Bill will ensure that the rights of autistic people, people with learning disabilities and people with neurodevelopmental differences are respected and protected. To help make sure the new legislation is championed when it is implemented we intend to create a Learning Disabilities, Autism and Neurodiversity Commissioner through the new law.

The ongoing Scottish Mental Health Law Review is reviewing our mental health and incapacity legislation in light of developments in international human rights, including the UN Convention on the Rights of Persons with Disabilities, and will consider where improvements could be made. The Review’s final report and recommendations are due to be completed in September 2022.