Chamber and committees

Work is currently progressing with additional technical and economic studies, including ground investigation scoping, now underway by CMAL. It is vital that a robust business case is completed to refine the options, costs and risks, as well as outlining affordability and value for money, taking cognisance of the current fiscal challenges across the Scottish Government.

This work related to a new duty related to inclusive communication in Scotland made under the Equality Act 2010. This means that the legislation could only relate to communities who have protected characteristics set out in that Act.

However, the Scottish Government’s policy understanding of inclusive communication, is as follows: “Inclusive communication is giving information in a way that is accessible to as many people as possible. It ensures people can receive information and express themselves in ways that best meet each individual’s needs.” Therefore we anticipate that many communities could benefit from activities to enhance the use and understanding of inclusive communication across the public sector.

I refer the member to the answer to question S6O-03714 on 12 September 2024. All answers to written parliamentary questions are available on the Parliament’s website Meeting of the Parliament: 12/09/2024 | Scottish Parliament Website.

The Summary Statistics for Schools in Scotland series now includes attendance on an annual basis. Headline statistics on school attendance for the 2023-24 school year will be published in December 2024. Detailed statistics on school attendance, including a measure of pupils with an absence rate of 50% or more, will be published in March 2025.

The two schemes are not related.

The decision by the then Cabinet Secretary for Transport, Infrastructure and Connectivity to progress the Levenmouth Rail Link was based on the findings of the Levenmouth Sustainable Transport Study.

The study was undertaken in line with Scottish Transport Appraisal Guidance (STAG) and provided robust evidence of a Strategic Business Case (SBC) for the Rail Link. The SBC provided the initial stage of the business case for the Rail Link in accordance with Transport Scotland's guidance on the development of business cases, which then progressed through the subsequent stages of the business case process.

The Winchburgh station proposal is developer led. It is for Winchburgh Developments Limited to progress the required business case.

West Lothian Council (WLC) is the Planning Authority, who granted the planning permission in principle for the Winchburgh development in April 2012.

As a statutory consultee, Transport Scotland, acting on behalf of Scottish Ministers, provided a response prior to this decision which included reasonings for why it did not support the provision of a station, at that time.

The content of the Section 75 Agreement and Decision Notice was decided upon by WLC.

Transport Scotland does not have the powers to prevent WLC applying Section 75 developer obligations.

The station proposal is a developer led proposal with planning permission in principle granted by the Planning Authority, in this case West Lothian Council. It is for Winchburgh Developments Limited to progress the above items.

Transport Scotland, utilising its considerable experience of rail infrastructure construction, is currently supporting West Lothian Council and Winchburgh Developments Limited as they look towards identifying a lead promoter, or promoters, and the development of both the station design and business case process.

Transport Scotland has fully allocated its budget to rail projects which are currently the Scottish Government’s priorities.

These projects have been subject to review under our Scottish Transport Appraisal Guidance (STAG).

The content of any legal advice is confidential. By long-standing convention, successive Scottish and Westminster Governments have not disclosed the source or content of legal advice other than in the most exceptional circumstances.

However, we have sought to provide some further details of the relevant legal background. There are multiple constraints on the ability to legislate in relation to this matter. Firstly, the Scottish Parliament cannot make laws which relate to a reserved matter. The relevant reserved matter is Section L2 of Schedule 5 of the Scotland Act 1998 which reserves the subject matter of “Equal opportunities”. A proposed new duty relating to inclusive communications relates to this reserved matter and therefore falls within one of the limited exceptions to this reservation.

Further, in terms of section 29(2)(c) and schedule 4 of the Scotland Act 1998, the Scottish Parliament cannot make laws which modify the law on reserved matters. The Equality Act 2010 is a law on reserved matters and as such a new duty related to inclusive communications cannot modify any provision of it. Lastly, the enabling power for a new duty was limited to the following (as per section 153 of the Equality Act 2010): regulations which have the purpose of enabling the better performance of listed authorities of their public sector equality duty.

There are no Scottish Government vehicles purchased through loan or credit agreements.