Chamber and committees

The Force Majeure/Exceptional Circumstance (FM/EC) provision is one that has existed for a number of years and if a business has been unable to comply with the rules of a scheme because of FM/EC, they may retain the right to aid in respect of the claim. To qualify, a business must notify the Scottish Government Rural Payments and Inspections Division (SGRPID) in writing of the FM/EC event along with relevant evidence from the date they are in a position to do so.

The FM/EC provision applies on a case by case basis, and decisions are taken on the basis of relevant evidence provided. The way on which the Scottish Government continue to approach cases relies on the approach set out by legislation.

Examples of force majeure or exceptional circumstances are:

a. the death of the farmer

b. the long-term professional incapacity of the farmer

c. a severe natural disaster gravely affecting the holding's agricultural land

d. the accidental destruction of livestock buildings on the holding

e. an epizootic affecting part of or all of the farmer’s livestock (for example, Foot and Mouth Disease)

This is not an exhaustive list and animal health concerns, weather conditions, bull failure or transport issues may also qualify as FM/EC. These are only examples and they are not, by themselves, sufficient to qualify as FM/EC and the applicant would still need to provide evidence in support of these events that demonstrate that calving performance has been impacted by comparison to previous years.

In August 2024, the Scottish Government posted a Frequently Asked Questions (FAQ) Scottish Suckler Beef Support Scheme (Mainland and Islands) to support the industry with information on the new calving interval condition being introduced to the Scottish Suckler Beef Support Scheme (SSBSS) from 2025. The FAQ includes detail of the FM/EC provision in the context of the SSBSS calving interval condition, including the type of evidence that would be required to support a request for it to be applied.

ScotRail stations will continue to offer access to Facilities and toilets used by the public and in most cases will remain open even when ticket offices are shut.

In accordance with the Public Appointments Team’s data retention policy, the retention period for documents supporting the public appointments process is five years after the appointment tenure in post has ended. Therefore we do not hold any information regarding public appointments which ended prior to December 2019.

We also do not hold any information regarding public appointments made prior to 2011.

To provide data for appointments made between 2011 and 2019 would include data from over 360 appointment rounds, some of which were for several appointees. Information for each appointment round would have to be searched individually for the information requested, which we estimate would take at least seven working days, therefore incurring a disproportionate cost.

We are unable to provide estimated costs of providing the information requested in questions S6W-12529 and S6W-31824 but would like to confirm that these costs would be disproportionate for the reason given above.

The Scottish Government expects that all public sector employers, including SEPA, adopt fair work practices, including through Fair Work First, which applies to discretionary public sector grants.

SEPA is responsible for its day to day operations and publishes an Equality Mainstreaming and Outcomes Report which details its fair work related commitments. SEPA also operates a People and Resources Committee which includes terms of reference on employee engagement and the role of recognised trade unions. While SEPA’s specific amendments to its call centre services are operational decisions, it is expected that these changes are made in consultation with staff and trade unions to align with fair work, to ensure workers are treated fairly and with respect.

Plans for a National Social Work Agency and Proposed Timetable

We remain committed to the establishment of a National Social Work Agency by the end of the parliamentary term, 2025–26 in order to address the issues affecting this important workforce. A final decision has yet to be taken on the form and structure of the agency, following which we can update Parliament.

Our partners and stakeholders, including COSLA, and the social work workforce are supportive of establishing a National Social Work Agency and are engaged in its development.

Whilst this is an operational matter for ScotRail, ScotRail has assured the Scottish Government that staffed stations will continue to offer access to assets as they do at present. Facilities and toilets used by the public in most cases will remain open even when ticket office desks are shut.

CMAL alongside the shipyard continue to work hard to ensure the delivery of these vessels. CMAL provided their regular update to the NZET committee on the vessel delivery on 18th December 2024 and expect to be able to provide assessment of delivery dates for MV Isle of Islay and MV Loch Indaal towards the end of January 2025, following the successful completion and presentation of the pre-sea trials commissioning and outfitting activities.

The Scottish Government notes the report commissioned by ASLEF and its findings. Every worker should be able to work with dignity and this includes having an access to toilet facilities. The report findings are for train operating companies, as employers to consider.

Tier 3 and Tier 4 services are those secondary and specialist mental health services - including Community Mental Health Teams, Adult Acute Psychiatry, and specialist Perinatal Mental Health care, that usually require a referral from a GP or other health care professional. All mental health scheduled and planned care services manage access in some way for example by using waiting lists – including access to Psychological Therapies teams or CAMHS services. In all cases patients are triaged and urgent cases are seen as a priority.

Improving access to Mental Health services is a priority for Scottish Government and whilst we recognise the ongoing pressures facing the NHS, long waits are unacceptable we remain committed to supporting all Boards to achieve the standard that 90% of patents start treatment within 18 weeks of referral in CAMHS and PT.

We are also working with NHS Boards and National Partners to improve Mental Health Unscheduled Care pathways to ensure that anyone requiring urgent and unplanned support is able to get the right care, in the right place, the first time regardless of when or how they access care. This is facilitated by NHS 24’s Mental Health Hub which is accessible through the 111 service and provides a 24/7 compassionate service to anyone in distress or requiring mental health and wellbeing support. Should the Hub determine that further urgent assessment or urgent referral to local services is required, they will refer the person to a mental health clinician within their relevant Board. Each Health Board is now providing access to a mental health unscheduled care clinician 24 hours a day, 7 days a week.

The abundance of fish in Scottish waters means that a varied industry has developed over time, with many different types of fishing vessels operating as part of a mixed fishery. There are different target fish species, depending on the type of fishing vessel and where it operates, and different issues around unwanted catch. Discarding in the nephrops trawl fishery does occur as whitefish may be caught alongside nephrops. Since the introduction of the landing obligation, this unwanted catch can amount to a disproportionate cost for fisherman who have to land and then dispose of it. As such, the Scottish Government have utilised lawful exemptions to the landing obligation for these fish, in order to lessen the financial burden on these small nephrops vessels. These exempted fish are fully accounted for in quota calculations and factored into stock assessments.

As part of the policy development of our Future Catching Policy, we have been working with industry to explore pragmatic technical and spatial measures to support fishers to reduce discarding. We also know there are improvements we can make to the implementation of the landing obligation that will make the rules around discarding more effective and will work with industry and others to develop this.