Chamber and committees

While it is up to individual social landlords to strike the best balance between rent levels and meeting the housing needs of local communities, rents for social rented homes should not be set without regard to the importance of affordability for tenants. The Scottish Government therefore considers the proposed rents for Registered Social Landlord social rented homes at the point of first let as part of the Affordable Housing Supply Programme grant assessment process

Applications from Registered Social Landlords for grant funding to deliver projects through the Affordable Housing Supply Programme at tender stage contain information on any projected rent levels at the date of completion which are more than 5% above the relevant social rent benchmark published by the Scottish Government.

Information on the number of tender applications which were approved which contained Registered Social Landlord projected rent levels at the point of completion which exceeded the relevant social rent benchmark by more than 5% began to be collected in 2018-19 as follows:

This is a matter for the Scottish Legal Complaints Commission. The information that has been requested is not held by the Scottish Government.

Mr McArthur may be interested to know that a consultation seeking views on options for changes to the way legal services are regulated and how the legal complaints system operates is currently open and is running from 1 October to 24 December 2021. The consultation is available at: https://consult.gov.scot/justice/legal-services-regulation-reform-in-scotland .

We recognise that there is very limited data on Islamophobia in Scotland and that this is essential to effectively tackle Islamophobia in Scotland.

In respect of anti-Muslim hate crime, in February 2020, the Scottish Government published a research report ‘A Study of the Characteristics of Police Recorded Hate Crime in Scotland’. This is the first time that such information has been publicised, and includes information on the type of prejudice shown. In around one-quarter (26%) of religiously-aggravated hate crimes recorded in 2018-19, the perpetrator showed prejudice towards the Muslim community.

Another study into the characteristics of hate crimes recorded in 2020-21 is ongoing and is currently planned to be published in 2022. The Hate Crime and Public Order (Scotland) Act 2021 includes provision to require disaggregated data on hate crime to be published annually and we are currently developing our approach in partnership with justice agencies. This will provide key information about the nature of hate crime in Scotland, including information about those involved. Such data will be essential to effectively tackle hate crime in Scotland and to inform future interventions in this area.

The circumstances which led to the case before the European Court of Human Rights preceded the Human Trafficking and Exploitation (Scotland) Act 2015. The 2015 Act introduced new protections for victims of human trafficking and exploitation offences in Scotland.

The 2015 Act requires the Lord Advocate to issue instructions regarding the prosecution of persons who are, or appear to be, the victims of trafficking, slavery, servitude or forced or compulsory labour and who have allegedly committed a criminal offence. These instructions were published in May 2016 and were updated in August 2021, following a review by the Crown Office and Procurator Fiscal Service in light of the European Court of Human Rights’ decision in VCL and AN v UK. The instructions sets a strong presumption against prosecution of adult victims who have been compelled to commit an offence and the compulsion is directly attributable to trafficking or exploitation and a strong presumption against prosecution of child victims who have committed an offence in the course of, or as a consequence of, being trafficked or exploited.

Decisions in relation to prosecution are for the Crown Office and Procurator Fiscal Service which makes its decisions independently.

Both Police Scotland and the Crown Office and Procurator Fiscal Service continue to discharge their positive obligations to potential victims of human trafficking and exploitation.

Information on the application of the Lord Advocate’s instructions can be accessed through the Trafficking and Exploitation Strategy progress reports https://www.gov.scot/policies/human-trafficking/ .

National Referral Mechanism data is released by the Home Office Single Competent Authority.

Information is published quarterly and in an end of year summary. Data relating to 2020 and 2021 can be found at https://www.gov.uk/government/collections/national-referral-mechanism-statistics .

The Scottish Government is committed to bringing in Anne’s Law to ensure people who live in adult care homes have rights to see and spend time with those who are important to them in order to support their health and wellbeing. To support the delivery of Anne’s Law, a public consultation was published on Friday 24 September seeking views on proposals. This is available at http://consult.gov.scot

The consultation builds on a programme of work to enable people living in adult care homes to maintain family and friendship connections. This includes guidance issued on 15 September on named visitors being able people to maintain contact with loved ones during managed COVID outbreaks, see: https://www.gov.scot/publications/coronavirus-covid-19-adult-care-homes-visiting-guidance/ .

The Scottish Government is also proposing to strengthen the Health and Social Care Standards and a consultation was launched on 16 September seeking views around ensuring people are able to spend time with their loved ones. This is available at https://www.gov.scot/publications/consultation-strengthening-health-social-care-standards-support-people-live-adult-care-homes-maintain-family-friendship-connections/

We commissioned and published in 2018 a first national independent expert report on specialist NHS dementia beds provision Transforming Specialist Dementia Hospital Care with recommendations for sector modernisation as part of wider whole-system reform in localities.

The report noted the most recent official figures at that time on numbers of NHS Old Age Psychiatry beds and Geriatric Medicine beds. These figures include people with an organic illness (dementia) and those with a functional illness (mental ill health conditions such as depression, bi-polar and schizophrenia) and the report noted that it was difficult to provide a precise number of patients with dementia in these settings, given the frequency of co-morbid conditions and under-diagnosis of dementia.

We continue to work with the author of the report as part of wider work since 2018 to support implementation of the report and to support local service modernisation, workforce planning and resourcing.

MHOs are critically important as they protect and safeguard the rights of vulnerable people with mental health conditions.

MHO workload pressures have no doubt been exacerbated by the COVID pandemic, but we are aware of a number of issues that are having an impact. These include significant numbers of applications for guardianship orders under Adults with Incapacity legislation, supporting hospital discharges when there is an issue with incapacity, as well as the challenges of working on detention and compulsory treatment orders during the pandemic. MHOs also provide ongoing advice for other professionals, users of services and carers about the use of mental health legislation when planning care and treatment.

While it is the responsibility of local authorities to ensure they have the appropriate levels of MHOs in place, we have been working, with COSLA, local authorities, the Scottish Social Services Council and others since 2019 to improve MHO capacity across Scotland.

We are committed to addressing a shortfall in the MHO workforce by 2023 as part of our wider Integrated Health and Social Care Workforce Plan (2019) and we are investing £1.5 million over 2019-2022 to support Local Authorities and Health and Social Care Partnerships in training additional MHOs. Additionally, we are currently evaluating with COSLA options to support new MHO posts and decisions will be made in due course.

The Scottish Government has regular communication with the UK Government on a range of issues relating to human trafficking and exploitation, including the decision by the European Court of Human Rights in VCL and AN v UK.

We continue to work with the UK Government and other organisations to ensure the findings of VCL and AN v UK are appropriately considered.

With the statutory procedures completed, Transport Scotland is progressing through the necessary governance approval procedures that require to be completed before any procurement process for the A737 Improvements at Beith project could begin. Once this process is complete, The Transport Minister will write to the member with an update on plans for delivery of the project.