Chamber and committees

Adults and children with a learning disability who were coded in their GP systems, have now been invited for vaccination as at-risk groups. Criteria from the Green Book (GB) was used to develop queries to run across GP IT systems to identify and extract data on those identified as being eligible based on GB criteria. In addition, the Scottish Government has worked across carers and disability policy areas to cascade information via the third sector to organisations who support people with a learning disability – to further highlight this offer.

The Scottish Biometrics Commissioner was created through legislation introduced by the Scottish Government to the Scottish Parliament in 2019. The first Commissioner, Dr Brian Plastow, was appointed by Parliament and took up post in April 2021. The Commissioner’s main function is to support and promote the adoption of lawful, effective and ethical practices in relation to the collection, retention, use and destruction of biometric data for criminal justice and police purposes.

The scope of the Scottish Biometrics Commissioner Act 2020 allows for the Commissioner’s oversight role to be extended to cover other bodies that have criminal justice or policing functions. Therefore, additional legislation would be required in order to broaden the Commissioner’s remit to include the use of facial recognition technology used in schools, shops, supermarkets and other public places. Consultation with the bodies affected and proper reflection would be required before any such legislation could be considered.

The Scottish Government has noted the 2021 open letter by Amnesty International and its concerns around the use of mass surveillance biometric technology in public spaces.

The Scottish Government recognises that assurances are required in order to secure public trust and support for any future use of the technology. We also note that legal and regulatory provisions must be sufficient to ensure accountability and transparency.

These matters are not solely for the Scottish Government, and we stand ready to work with Police Scotland, local authorities, the UK Information Commissioner’s Office and others with regard to the use of mass surveillance biometric technology, to ensure an approach which is lawful, effective, proportionate and ethical.

The Scottish Government recognises that the proposals to set minimum energy efficiency and zero emissions targets for domestic properties will affect a range of stakeholders, and will consider relevant impacts during our planned consultation on the regulatory pathway and the setting of standards, as laid out in the Heat in Buildings Strategy. This will include the building insurance industry, mortgage lenders and all those impacted by the proposals.

Our response to the recommendation of the Climate Assembly agrees with the need for review of regulation to further improve energy and environmental standards for new homes. It noted the relevance of the current review of Scottish building regulations, due to be completed this year. It provides an assurance that the outcome sought by the recommendation will be reported on, as part of the current review of standards.

I can confirm that we are looking at opportunities to move to Passivhaus or an equivalent standard within the timescale indicated by the Assembly. I have asked that work on this topic be undertaken over the coming months, in support of the ongoing review of Scottish building regulations and for this be reported back to the Assembly as work progresses.

The Heat in Buildings Strategy confirms our intention to introduce, subject to consultation, minimum energy efficiency regulations, equivalent to EPC C where that is technically feasible and cost effective from 2025.

These regulations will apply to private-rented homes by 2028. We plan to consult during 2022 on how these regulations will work in practice, considering whether any obligations may apply at the end of a tenancy, how long landlords may have to comply with any requirements, and the effects on tenants.

The requirement to meet the proposed energy efficiency standard will be predicated on it being technically feasible and cost effective as we recognise that some properties may be more constrained in terms of technology options available, or limited by location, impact on the fabric of historic buildings, property type or, space.

The Scottish Government will not provide further details. The organisations that report cyber incidents under the Notifiable Scottish Public Sector Cyber Incidents procedure reasonably expect these details to be treated as confidential. Disclosure of these to a wider audience would undermine this confidentiality and adversely affect the openness with which organisations currently report incidents and participate in the reporting process. If this confidentiality were not maintained, Scottish public bodies could refrain from sharing incident details under this procedure. As a result, they may not receive the early support they need when facing a cyber incident. This would likely cause a substantial harm to the effective conduct of public affairs and the delivery of our public services.

The information requested is not held centrally.

Ahead of the introduction of any legislation on minimum energy performance standards, the Scottish Government will undertake a suite of impact assessments on its proposals, which will have been informed by consultation to be undertaken over the next year. These impact assessments will enable any mitigating actions to be considered.

The Heat in Buildings Strategy confirms our intention to introduce, subject to consultation, regulations requiring Scotland’s homes to meet EPC Band C equivalent, where that is technically feasible and cost effective from 2025 onwards, with a range of backstop dates from 2028 to 2033. We plan to consult during 2022 on our proposals for such regulations, and this will include details of any exemptions, definitions of properties in scope, and matters relating to compliance.

The Scottish Government provides Historic Environment Scotland with considerable funding: a total of £72.9m in 2020-21 and £75.9m in 2021-22. Historic Environment Scotland is responding to the safety concerns identified at the properties in care using its existing resources of both Government funding and other income.

I can confirm that while there is restricted access at these specific sites in East Lothian, there is still public access available to the grounds of Tantallon Castle, and to the grounds, exhibition and shop of Dirleton Castle.

The Scottish Government will continue to discuss the sites with restricted access regularly with Historic Environment Scotland, whose programme of prioritised inspections will inform the timescale for reopening.