20YRS_COV_iv4_VF.indd 3 23/05/2019 13:41:18 CHARITIES, & HOLYROOD: TWENTY YEARS DELIVERING CHANGE cotland’s voluntary sector has long played an important role in our society. But, Partnership is a key theme emanating from the 20 campaigns highlighted in this S since the re-establishment of the 20 years ago, new avenues book. By working together we see that collective strength and identification of have opened up that allow Scotland’s charities to work in close partnership with common purpose can be harnessed to create change. elected members and government to develop and champion legislation that has Through scandals at home and abroad and at a time when the trust built up in our ultimately transformed our society for the better. politics has eroded, the term ‘lobbying’ has developed negative connotations, and The impact of this change on individuals and our communities cannot be new rules have been introduced to ensure contact with elected members remains underestimated. From the smoking ban to ensuring equal marriage for all, civil above board. However, it must always be remembered that voluntary sector lobbying society has led the charge in changing attitudes and legislation – often in the teeth has played a crucial role in delivering the societal change we now celebrate. of strong opposition from vested interests and those in power. Through this publication, we hope to champion and celebrate the amazing work In virtually every challenge our country faces, the voluntary sector has a vital part that the voluntary sector carries out in Scotland. The 20 campaigns featured in this to play. Looking back on the last two decades, we can now reflect on the benefits book – drawn from a list that could have filled volumes – demonstrate the variety, of that action and appreciate the determination and drive of those working in the drive and talent that exists within our vibrant and eclectic sector. sector and the unquestionable role they have played in creating a more equal and It is crucial that charities continue to work constructively with the Scottish progressive Scotland. Parliament, the Scottish Government and MSPs of all parties to ensure that the This book gives us a chance to celebrate the last 20 years of the sector working with communities that we are there to support are not forgotten. By progressing in this – while also being prepared to challenge, debate, persuade and influence – our spirit, together, we know that, 20 years from now, we will be able to reflect on even Scottish Parliament. more positive change led by a vibrant voluntary sector in Scotland. Scotland has the benefit of being a small country with a strong sense of social justice and a history of innovation. From these strong foundations, we can maintain and cultivate these enviable attributes – working collectively to support each other and to respect each other’s right to be heard. Anna Fowlie, Chief Executive, Scottish Council for Voluntary Organisations (SCVO) he Scottish Parliament was founded on the principles of openness and equality I know only too well from my own time as a backbencher how influential the Tand having served as a member across those two decades I know that these parliament’s relationship with third sector organisations has been. From UK-wide principles continue to inspire and challenge us today. charities to local tenants’ and residents’ groups, anti-poverty campaigners to environmental activists, the sector has spoken up for thousands of people across Back in 1999 we had the opportunity to build a modern, accessible Scottish Scotland and amplified their voice. It has done so with passion but also with Parliament, with the people that it serves at its heart. From the outset, the new reasoned analysis. parliament opened its doors to civic Scotland and that relationship has flourished over those 20 years to the benefit of all. Just as the parliament has grown and In the last year alone, 1.3 million adults formally volunteered through an developed as an institution so, for example, we have seen the phenomenal growth organisation or group, bringing so much in the way of social and community of the social enterprise sector. Indeed, Scotland is now recognised as a world- benefit, but also helping volunteers themselves gain confidence, learn new skills or leader in this field and part of a growing global movement. simply meet others who care. The sector employs more than 105,000 people, that is over three per cent of the total Scottish workforce, and there is no doubt that MSPs The third sector embraced the establishment of the parliament and was influential have engaged with the sector because of its fundamental importance to Scotland. in shaping the institution in the late 1990s and, since then, voluntary organisations have provided invaluable input and a unique perspective on policy development. This book is a celebration of what the sector has achieved in the first 20 years of There is no doubt that the creation of the Scottish Parliament has in turn made it the parliament. I hope it also demonstrates the crucial importance of voluntary easier for the third sector to access policy makers, politicians and civil servants. organisations as we look ahead to the next 20 years and together, we seek to build From briefing MSPs in advance of debates to providing evidence to our committees; a society of which we can all be proud. contributing to cross-party groups or making contributions to legislation; the voluntary sector has helped shape the political agenda and provided insight born of experience on the issues that really matter. , MSP, Presiding Officer of the Scottish Parliament CONTENTS

8-11 Smoke Free Public Places 48-51 Continue to Care

12-15 Saving Marine Life 52-55 Free Personal Care for Older People

16-19 Abolition of Tuition Fees 56-59 Scottish Welfare Fund

20-23 Climate Change 60-63 Free School Meals

Copyright © 2019 Scottish Council for Voluntary Organisations (SCVO). All right reserved. 24-27 Minimum Alcohol Pricing 64-67 Human Trafficking

SCVO is a Scottish Charitable Incorporated Organisation. Charity registered in Scotland SC003558. and Exploitation Registered office: Mansfield Traquair Centre, 15 Mansfield Place, Edinburgh EH3 6BB. 28-31 Justice for Victims of 68-71 Social Security SCVO would like to thank the organisations and individuals featured for their contributions and support in producing this publication. Asbestos Related Diseases

This publication features original copy, based on submissions and publicly available information – 32-35 Organ Donation Opt Out 72-75 Equal Marriage including past coverage in Third Force News, which is owned and published by SCVO. The photographs featured have either been submitted by the organisations featured, selected from 36-39 Debt Arrangement Schemes 76-79 Right to Roam the Third Force News archive or purchased from an online stock image provider.

All MSP quotes were sourced by SCVO with the support of the featured organisations, with the 40-43 Making Renting Right 80-83 Repealing Ban on Discussing exceptions of chapters eight, 10 and 13 which were sourced from Scottish Government statements Homosexuality in Schools or from reports of the parliament.

This publication is not for sale or re-sale and has not been produced for any commercial purpose. 44-47 Affordable Homes 84-87 Community Right to Buy SMOKE FREE PUBLIC PLACES

day in the pub, or even a meal at close as a result and people would A a restaurant, was often associated smoke more at home instead. But their with sitting in a cigarette-induced predictions never came to fruition and fug. However at the turn of the 21st levels of public support for the ban century, health charities decided to actually increased afterwards. take on tobacco giants in a bid to reduce ASH Scotland, led by then chief exposure to second-hand smoke. executive Maureen Moore, had been Scotland was the first country in collecting evidence on the health risks the UK and the second in Europe of second-hand smoke for several years. to introduce smoke-free legislation. The new Scottish Government initially The campaign was led by ASH favoured a voluntary approach but ASH Scotland, with support from a Scotland surveys proved that this was coalition of Scotland’s health charities not working in practice. and medical bodies, focusing on The press was very The charity initially focused on providing evidence-based research communicating evidence on heart hostile, saying it and information to MSPs, the public and lung damage by smoke, then on would“ kill the pub and the media in the face of strong rebuttal arguments to counteract a culture and spoil opposition from the tobacco industry tobacco industry funded PR campaign and licensed trade. people’s fun. We of misinformation and scaremongering. had to frame it The Smoking, Health and Social Detailed responses were submitted to Care (Scotland) Act 2005 made it an as a debate about government consultations on smoking offence to smoke in any public space health, about a in public places, focused briefings in Scotland, with a few exceptions, toxic substance, not circulated to MSPs and a cross-party such as prisons and care homes. Those group on tobacco control formed. people’s comfort. opposed to the ban, including the Scottish Licensed Trade Association, Sheila Duffy, current chief executive of predicted pubs and restaurants would ASH Scotland, said the main challenge

8 Health | Smoke Free Public Places 9 1999 was an initial lack of interest from the MSP Stewart Maxwell, the SNP public and media. spokesperson on public health, was a “The press was very hostile, saying it strong supporter, proposing a private would kill the pub culture and spoil Member’s Bill which was later picked up people’s fun. We had to frame it as by the Scottish Government, supported a debate about health, about a toxic by First Minister Jack McConnell 2005 substance, not people’s comfort. The (Labour) and Health Minister Andy heated media debate helped explain to Kerr (Labour), and widened to include Smoking is still far too prevalent, people what it was about. In the end enclosed public places. it was the change in public opinion “ Research collated by ASH Scotland in but real progress has been made which pushed it forward. It helped that Ireland – a similar society and 2016 to mark the act’s 10-year anniversary in reducing its acceptability, culture to ours - had introduced a ban found significant health benefits, as on smoking in workplaces in 2004 to well as changes in public behaviour and prevalence and health impact. It is protect staff’s health.” attitudes to smoking. now hard to believe that folk once smoked more or less everywhere and I am glad to have played a part 2019 in the radical culture change we have seen over the last 13 years.

Kenneth Gibson, SNP

10 Health | Smoke Free Public Places 11 SAVING MARINE LIFE

arine life across the world faces Trust, WWF Scotland and Whale Ma battle for survival, as climate and Dolphin Conservation. The change brings rising temperatures partnership secured world-leading and plastic pollution threatens Scottish legislation, putting the health species. However work to protect of our seas on the road to recovery. Scotland’s seas has been underway for many years, as environmental groups The Marine (Scotland) Act 2010 aim to safeguard the huge variety of required creating a network of creatures that live in our waters. Marine Protected Areas (MPAs) and a National Marine Plan for Scotland’s Marine resources are vital to Scotland marine environment. With marine A combination - with 61 per cent of UK waters conservation devolved to the Scottish of expert reports, within Scotland, internationally “ Parliament, the campaigners pushed targeted advocacy, important wildlife and an economy for a range of measures to help parliamentary and dependent on a thriving marine improve protection. environment for food and tourism. stakeholder events, Save Scottish Seas partnership But a decade ago a lack of effective and a campaign convenor Calum Duncan, of the with over 15,000 protection had resulted in a decline Marine Conservation Society, said: in the health of Scotland’s seas. Since “A combination of expert reports, supporters, helped 2007, marine and environmental targeted advocacy, parliamentary and us engage with all charities have worked together stakeholder events, and a campaign the political parties, through the Scottish Environment with over 15,000 supporters, helped LINK partnership Save Scottish Seas, commercial and us engage with all the political including the Hebridean Whale and other user groups, parties, commercial and other user Dolphin Trust, Marine Conservation and the public. groups, and the public.” Society, National Trust for Scotland, RSPB Scotland, Royal Zoological Save Scottish Seas shifted rhetoric to Society of Scotland, Scottish Wildlife reality through research, workshops

12 Environment | Saving Marine Life 13 1999

“LINK ensured that there was a coordinated effort rather than a piecemeal approach to the campaign. 2010

If an MSP had a question it was and conferences, MSP site visits and ensured duties on Scottish ministers, public campaigning. Most visibly, that would otherwise have been possible to approach a single body to the Don’t Take the P (out of MPAs) discretionary powers, were enshrined campaign in 2014-15 harnessed 4,700 in the act. Civil servants invited and obtain an overview. MSPs were lobbied voices of support to help secure valued the expertise and input from protection from damaging fishing the environmental voluntary sector, activities in the 20 most vulnerable bolstered by dedicated capacity to meet 2019 by a single organisation, making it inshore MPAs. the high workload. But what has the act achieved? Duncan continued: “Whilst easier for them to manage their time Commitment to a Marine Protected challenging to unite support and Area (MPA) network, 31 new MPAs political will for ambitious legislation, and ensuring that no contradictory and an ecosystem-based National it is another matter to maintain Marine Plan secured by the legislation that ambition through delivery and messages were provided. represent a major step towards reversing implementation at a consistently high the historic decline in biodiversity that level nationally and regionally. The value of co-ordinating this collective Bill Wilson, SNP Scotland’s seas have suffered. voice cannot be overstated in placing Close engagement with officials, and keeping the bigger picture of decision makers and industry, ecosystem recovery in the minds of bolstered by strong public support, decision makers.”

14 Environment | Saving Marine Life 15 ABOLITION OF TUITION FEES

he issue of tuition fees in Scotland 2008, following a campaign by NUS Thas always been a contentious one, Scotland, who are committed to free with student groups keen to ensure undergraduate education young people are not burdened with in Scotland. large amounts of debt before they Mike Day, director of NUS Scotland begin their careers. between 2007 and 2012, said: “Our In 1998, university fees were strategy was to produce solid research reintroduced by the Labour and target decision-makers, backed There had been huge government at a cost of £1,000 per by activity like email campaigns, and demonstrations“ year. After devolution, the Liberal to keep communications open with against tuition fees Democrats made scrapping tuition all parties. in Scotland and fees a central part of their election London. While we manifesto, and secured the pledge “There had been huge demonstrations as part of their negotiations to join against tuition fees in Scotland and lost the tuition fee the Labour-led coalition in the new London. While we lost the tuition argument with Scottish Parliament. fee argument with the Westminster the Westminster Government, it was instrumental Government, it was An independent study, the Cubie in getting people in Scotland Report, recommended up-front thinking about the issue. The Liberal instrumental in fees should be ended. However, the Democrats south of the border gave getting people in report stopped short of backing up their commitment to abolishing Scotland thinking completely free university education, tuition fees but their Scottish suggesting a graduate endowment about the issue. counterparts supported the policy.” (GE) to help fund bursaries. Students would pay back a portion of fees The GE fee of just over £2,000 after graduating and earning above was introduced by the Education a repayment threshold. The GE was (Graduate Endowment and Student scrapped by the SNP government in Support) (Scotland) Act 2001 and

16 Education | Abolition of Tuition Fees 17 1999 applied from autumn that year. students was agreed representing an It was scrapped by the Graduate investment of £260 million by 2015. Endowment Abolition Act in 2008, Scottish students now pay no passed by 67 votes to 61. upfront fees nor an endowment after they graduate. Those from EU In 2011, more than 4,000 students states are also exempt, although marched on Holyrood, combined students from the rest of the UK still with an NUS-led letter writing pay fees at Scottish universities. campaign and behind the scenes A BBC poll ahead of the 2011 lobbying. First Minister Alex The abolition of tuition fees is one of Scottish Parliament elections found 2008 Salmond said that “rocks would retaining free tuition for Scottish “ melt under the sun” before an SNP the achievements from the last 20 students was the third most government introduced tuition fees, popular policy, ahead of the council years that I am most proud of and it places were protected and a £7,000 tax freeze, free prescriptions and minimum income for the poorest reducing business taxes. would not have been possible without the Scottish Parliament. Our free tuition policy ensures 2019 that access to university is based on the ability to learn and not the ability to pay.

Nicola Sturgeon, SNP

18 Education | Abolition of Tuition Fees 19 CLIMATE CHANGE

limate change is one of the major aims helped us to win public and Cthreats to human existence. political support.” However Scotland is leading the way In May 2007, the Scottish Greens in implementing change which could supported Alex Salmond’s election bring the Earth back from the brink. as First Minister, and his subsequent Stop Climate Chaos Scotland (SCCS) appointments of ministers, in return is a diverse coalition of over 40 civil for early tabling of the climate society organisations in Scotland change bill. which campaigns together on climate change, including environment, SCSS secured a government In the early days faith and international development commitment to a 42 per cent the crux was to reduction target by 2020, by initiating “ organisations, trade and student form a coalition unions and community groups. a media push with celebrities, that was credible business figures and charity leaders “Partnership working was key,” the weekend before the final debate to politicians. said former SCCS chairman Mike on the bill. They also held a rally held ... Agreeing a Robinson. “In the early days the outside the Scottish Parliament on common agenda crux was to form a coalition that was the day of the final vote itself, with and a clear set of credible to politicians. We needed constituents encouraged to ask their aims helped us to wide representation, a diverse range MSPs how they were going to vote. of organisations and groups with win public and large memberships to show we had The Climate Change (Scotland) political support. popular support. That made it easier Bill was passed unanimously by to agree on the bigger picture and the the Scottish Parliament on 24 June need to do something about climate 2009. The act set world-leading change, to galvanise concern and greenhouse gas emissions reduction demand genuine action. Agreeing a targets, including a target to reduce common agenda and a clear set of emissions by 80 per cent by 2050

20 Environment | Climate Change 21 1999 compared to 1990 levels, with an interim target of 42 per cent by 2020. It also imposed a duty on Scottish ministers to report on the progress of these targets and on public bodies to report annually to ministers on their compliance with the climate change duties. Many of the non-governmental Scotland’s greenhouse gas emissions have reduced by 45 per “ cent since 1990, which means the organisations with whom we have 2009 target set in the 2009 act to reduce emissions by 42 per cent by 2020 been familiar over the 10 short years has already been exceeded. Other charity coalitions have of this Parliament have worked since approached SCCS for advice following its success in persuading together under the Stop Climate the Scottish Government to make climate change a priority. Chaos banner to send to parliament However the work of the coalition goes on as it aims to influence the 2019 and the people of this country a ongoing Climate Change Bill. coherent and co-ordinated message that we should consider and, frankly, be inspired by. John Swinney, SNP

22 Environment | Climate Change 23 MINIMUM ALCOHOL PRICING

cotland’s relationship with would unfairly punish moderate Salcohol is a long and complex drinkers. Alcohol Focus Scotland and one – however even in the present others helped rebut these claims and day one in 15 of all deaths is alcohol- built political and public support by related. Health charities, the police providing briefings on the evidence, and health professionals have argued undertaking research, meeting with that increasing the price is one of the decision makers, and by keeping the most cost-effective policy measures to issue in the media.” Alcohol Focus reduce consumption and harm. Scotland and Health campaigners were clear that “ And after a lengthy campaign, others built the international evidence pointed Scotland became the first country in support by to increasing price as an essential the world to introduce minimum unit providing briefings pricing (MUP) in May 2018. component of any strategy to tackle Scotland’s increasing alcohol on the evidence, Alison Douglas, chief executive problem. Taxation had traditionally undertaking of Alcohol Focus Scotland, said been seen as the main route to research, meeting organisations involved in the increasing price but this option was with decision campaign faced a battle to curb the not available to Scotland as taxation sale of alcohol. makers, and by was reserved to the UK Government. keeping the issue “Parts of the alcohol industry – notably global spirits producers The Scottish Government had been in the media. - put up considerable opposition trying to introduce minimum to minimum unit pricing,” she pricing for alcohol since 2009. The said. “They argued that alcohol parliament finally passed the Alcohol consumption was a personal choice; (Minimum Pricing) (Scotland) Act that only a small minority drank in 2012, to introduce an MUP system excessively; and that minimum price for alcohol.

24 Health | Minimum Alcohol Pricing 25 1999 However the legislation was first year alone, a 50p minimum unit challenged in court by representatives price will prevent an estimated 60 from alcohol industry, delaying alcohol-related deaths, 1,600 hospital its implementation for over five admissions and 3,500 crimes. years. On 15 November 2017, the Following an independent evaluation, UK Supreme Court confirmed that parliament will decide on whether to the legislation was lawful and a renew the minimum price after six minimum price of 50p per unit was years as required within the act. introduced on 1 May 2018. A global first, it is estimated that The introduction of minimum unit minimum pricing will save the lives “ of hundreds of Scots and improve pricing was a real milestone for the lives of thousands more, helping to prevent the next generation from Scotland. It is a bold public health becoming heavy drinkers. In the policy that takes action to discourage alcohol misuse, by targeting the 2018 most harmful strong low cost 2019 alcohol. Third sector organisations successfully made the persuasive case to go ahead with the strategy.

Willie Rennie, LIB DEM

26 Health | Minimum Alcohol Pricing 27 JUSTICE FOR VICTIMS OF ASBESTOS RELATED DISEASE

sbestos disease kills 5,000 men Rights of Relatives to Damages A and women every year in the UK. (Mesothelioma) (Scotland) Act 2007 Countless numbers of families have addressed an unfair and cruel lost loved ones as a result of the killer dilemma that faced victims of industrial substance. mesothelioma. Before the act, victims of mesothelioma could Clydeside Action on Asbestos (CAA) pursue a claim for damages on their has led the fight to gain justice for Scots own behalf but only if they were affected by asbestos and launched a prepared to accept that their family series of campaigns to restore the right would not be able to pursue a claim to pursue compensation for victims We got a change for emotional harm after their death. and their families. in the law so So a victim of mesothelioma could “ now the person CAA were at the heart of the choose to pursue a claim and to campaigns that lead to the following secure compensation which would can take their Scottish legislation: Rights of Relatives help ease their last days, but in so damages and to Damages (Mesothelioma) (Scotland) doing they would prevent their after their death Act 2007; Damages (Asbestos Related relatives from being able to pursue their family can Conditions) (Scotland) Act 2009; and claims after their death. come back and the Damages (Scotland) Act 2011. CAA, through its campaigning claim damages Each campaign served to close activities, convinced the then for their own loss loopholes or address deficiencies in the Scottish Government to address the law that had a negative impact upon invidious choice faced by victims of and dependence. the levels of compensation that the mesothelioma. The 2007 act provided courts could pay to victims of asbestos that where a victim dies of related disease. The 2007 act is perhaps mesothelioma relatives should retain the best and most profound example the right to sue regardless of whether of achieving such an outcome through the victim had successfully obtained campaigning for legislative reform. compensation before their death.

28 Health | Justice for Victims of Asbestos Related Diseases 29 1999 The Scottish Law Commission had put in a position where they had to previously looked at this issue and make an agonising choice – do they had recommended the need for take the money now so they can live change. CAA were able to use this as their life and enjoy it or leave it the platform for campaigning on for their family after they die? the issue. CAA engaged in wide “We thought that was morally political discussions with members wrong, we fought against that across the chamber. CAA worked and the Scottish Government with colleagues in the Trade supported it. We got a change in 2007 Union movement and wider civic the law so now the person can take I was pleased to play a part in getting society to convince the Scottish their damages and after their death Government to take legislation their family can come back and “ forward. They were supported claim damages for their own loss legislation changed so that workers by healthcare professionals, and dependence”. personal injury solicitors and local councillors and officials. The success of this campaign was who had been exposed to asbestos recognised when Clydeside Action Phyllis Craig, senior welfare rights on Asbestos won the Public in the routine course of their work officer and a director at CAA, said Campaign of the Year title at the “The victims of this terrible disease Scottish Politicians of the Year were recognised. Action on Asbestos were going to die and they are being awards in 2008. played a major role in informing and 2019 advocating, ensuring that politicians listened and acted.

Cathy Jamieson, LAB

30 Health | Justice for Victims of Asbestos Related Diseases 31 ORGAN DONATION OPT OUT

hree people a day in the UK are The Human Tissue (Authorisation) Tin need of an organ transplant. (Scotland) Bill enables hospitals to However less than half of Scotland’s presume consent for organ donation population have signed up to donate unless people specifically “opt out” their organs on death. This led to a during their lifetime or their families Scottish charity launching a campaign strongly object. It excludes children which aimed to build on public and adults unable to make their own support for an opt-out system for decisions. The bill was passed in donation to be introduced. February and is set to come into force before the next parliament elections The hearing The Organ Donation Opt Out in 2021, following a high-profile was contentious was introduced by the Scottish awareness-raising campaign. “ and heated by Government in 2017, allowing The opt-out system will lead to an parliamentary organs to be used in transplants in increase in organ donations and the absence of express permission. standards. It lives saved. The British Heart Foundation (BHF) was a very Scotland led the call to change the BHF Scotland got the opt-out public moment law, backed by the British Medical campaign up and running in 2013 in the Scottish Association and former MSP Anne following a Glasgow Evening Times Parliament. McTaggart (Labour) who introduced petition which secured more than a Private Member’s Bill in 2016 18,000 signatures calling for the following a public consultation, with introduction of an opt-out system. 82 per cent of respondents supporting Initial meetings with government the move. Other health charities officials and ministers met with strong including the Cystic Fibrosis Trust opposition. David McColgan, senior and the Scottish Kidney Federation policy and public affairs manager supported the campaign. (devolved nations) at BHF Scotland,

32 Health | Organ Donation Opt Out 33 1999 led the campaign. He said: “We government become a minority were told opt-out organ donation administration and Aileen Campbell was opposed and would not be appointed as Public Health Minister. introduced. The petition in Scottish had pledged to Parliament for introduction of opt-out reintroduce the bill following the was closed, with no recommendation election, led by MSP Mark Griffin, to introduce it. So we decided to go whose own father had died during down the more time-consuming I led the campaign through the a heart transplant because of the route of a member’s bill, supported by lengthy wait for a suitable organ. “ Anne McTaggart who was incredibly necessary processes to enable the bill proactive and passionate.” However just four weeks after the election, McColgan received a BHF carried out public polls every six phone call to say the Scottish to raise the awareness and knowledge months during its campaign, which Government was going to introduce a showed ever-increasing levels of soft opt-out system. of individuals to make an informative public support, particularly among young people. decision and choice in life. The campaign hit a setback when the member’s bill was narrowly defeated at the first stage by just This work was hugely supported two votes. Two sets of evidence were then given to the parliament’s Health and Sport Committee. “The 2019 by the BHF who co-chaired many hearing was contentious and heated by parliamentary standards. It was a of the community and political very public moment in the Scottish Parliament,” recalled McColgan. consultations needed to compile the A turning point came with the 2016 necessary evidence and research for election, which saw the SNP majority committee papers. Anne McTaggart , LAB

34 Health | Organ Donation Opt Out 35 DEBT ARRANGEMENT SCHEMES

aving the bailiffs turn up at the Susan McPhee, head of policy and Hdoor is a nightmare for any family. public affairs at CAS, said: “We knew However, the creation of the Scottish from our bureau service that people Parliament led to an opportunity to were being pursued relentlessly by address some of the hard-line tactics creditors who had lent them money used by debt recovery companies. irresponsibly. Before the Scottish Parliament it was difficult to get Citizens Advice Scotland (CAS) put any Scottish legislation through, forward an unsuccessful amendment it was exceptionally hard to lobby at Westminster to the Bankruptcy Westminster from Edinburgh. (Scotland) Act 1993 in an attempt to Consumer credit is reserved but introduce a debt arrangement scheme diligence (the legal term for debt – a plan which allowed a person’s protection) became devolved so we debt to be managed and to reduce the saw that as a way of changing policy. use of bailiffs. Before the Scottish “We were fortunate that the wife of Despite the battle for the legislation Parliament it Neil Whitty, one of the Scottish law “ failing at Westminster, CAS saw the was difficult to commissioners, was a CAS volunteer creation of the Scottish Parliament so he was aware of our work. I gave get any Scottish as an opportunity to reignite its evidence along with one of our legislation campaign. The Abolition of Poindings bureau managers who told powerful and Warrant Sales Act 2001 became through, it was real-life stories of the impact of debt the first piece of legislation to exceptionally on people’s lives.” be passed by the newly formed hard to lobby parliament. It prevented warrant Between 2000 and 2002, Susan and Westminster officers from removing people’s her colleagues met with civil servants from Edinburgh. furniture to pay poll and council and Labour’s , tax debts and opened up a wider then Minister for Social Justice, and discussion about debt recovery. carried out research into voluntary

36 Poverty | Debt Arrangement Schemes 37 1999

2004 “The bill is the result of a lot of hard work by people with all sorts of competing interests who pulled together to deliver the alternative

that the parliament had called for. debt repayment programmes which The Debt Arrangement and fed into the Debt Arrangement and Attachment (Scotland) Act 2002 2019 We now have a bill that has drawn Attachment Bill. introduced the Debt Arrangement Scheme (DAS) in November 2004 CAS was also invited to join a as a debt management tool to allow Scottish Parliament all party working together a panorama of opinion and debtors to repay multiple debts over group – the first and only group of its an extended period, free from the kind – set up to look at an alternative threat of legal action or diligence (debt ideas and achieved a consensual to poindings and warrant sales. CAS enforcement) from their creditors. used this platform to promote the approach, which was no mean feat. development of a debt arrangement There have been almost 26,000 DAS scheme, and also formed its own approved schemes since the act’s Margaret Curran, LAB working group to develop a proposal introduction. for the operation of such a scheme.

38 Poverty | Debt Arrangement Schemes 39 MAKING RENTING RIGHT

shortage of affordable and social no longer suitable for the more diverse A housing has seen rapid growth in profile of tenants: not just students the private rented sector, now home and young people, but families with to 360,000 households in Scotland. children too.” The number of households in the private rented sector in Scotland has The Scottish Government had carried tripled since 1999. out its own review of private renting in 2008 and 2009 and was receptive Shelter Scotland identified that to the need for wider reform. An the scale of growth in the private rented sector and the changing independent chair was appointed and nature of tenants meant that tenancy a series of working groups established arrangements no longer provided the to go through options for change. We built a well- security or the quality from which Brown continued: “We built a evidenced case both tenants and landlords benefit. “ well-evidenced case for reform, for reform, Over the past 10 years, the charity has through research, policy papers, campaigned for and worked towards through research, positive changes across the private public facing campaigns and events, policy papers, rented sector in Scotland. arguing change was a necessity public facing for a well-functioning system, Graeme Brown, director at Shelter campaigns and and recommended a model for Scotland, said: “We have always events, arguing an indefinite tenancy. The biggest engaged with private renting policy challenge, as expected, was from change was a and law as so many of our clients come necessity for a from that sector. Since the early 2000s, landlords who argued it would lead there had been a series of reforms, to to landlords exiting from the market. well-functioning licensing and standards, for example. However, we also argued that it would system. However, it was increasingly clear that benefit good landlords with long term the 1988 tenancy arrangements were investment intentions.”

40 Housing | Making Renting Right 41 1999 Shelter Scotland ran its Making The Private Housing (Tenancies) Renting Right campaign during (Scotland) Act 2016 came into force the legislative process, building on 1 December 2017 and introduced support from a coalition of over 30 the new private residential tenancy. organisations. Staff held meetings The act meant the end of fixed term with MSPs, had campaign days across tenancies and ‘no fault’ evictions, Scotland, provided briefings, and gave where landlords could make tenants evidence to committees. leave for no reason. The new tenancy is open-ended and lasts until the Shelter Scotland clients were put at tenant wishes to leave the property or the heart of the campaign, providing Both landlords and tenants have the landlord uses one of 18 grounds case studies of tenants unwilling to for eviction. “ complain about issues such as damp told us this new law will mean a or repairs in case they got evicted. The legislation is one of the most Politicians from all parties were progressive measures in housing in UK modern and fit-for-purpose sector. urged to sign up to the campaign in the last 20 years, seeking to address and their photos published on the some of the imbalance of power This range of measures will ensure charity’s website. between tenants and landlords.

the sector is better managed, 2017

simplified and successful for all 2019 in the private rented sector. I am delighted that this bill has passed with cross party support.

Margaret Burgess, SNP

42 Housing | Making Renting Right 43 AFFORDABLE HOMES

s property prices have risen in recommendations to increase subsidy A Scotland, so has the need for levels were accepted. This was a vital affordable housing. step before the campaign to increase the affordable home target as, In 2015, the Scottish Federation of without the funding, social landlords Housing Associations (SFHA), Shelter would not have been able to build. Scotland and Chartered Institute of Housing (CIH) Scotland released a Before the Scottish Parliament elections report which defined the level of in 2016, SFHA, Shelter Scotland and affordable housing need. CIH Scotland carried out extensive The increase in lobbying work to gain cross-party The report, and subsequent joint the affordable support for the report’s proposals. This campaign, called for 60,000 “ was accompanied by a media campaign homes target affordable homes to be built during which gained high profile coverage and the funding the parliamentary term from 2016 across national, regional and local to 2021 and for this to be backed up of £3 billion has media outlets, including television and by at least £700 million for each year allowed housing radio interviews. over the five years. associations and In 2016, the SNP was elected again Prior to the campaign with Shelter co-operatives to government and subsequently Scotland and CIH Scotland, SFHA to increase announced a target of 50,000 launched Keeping Our Homes or re-start affordable homes, accompanied by Affordable in 2013 to call for an funding of £3 billion, to be delivered their building increase in housing subsidy rates as by 2021. programmes. cuts had resulted in social landlords not being able to build. The Scottish SFHA’s former head of public Government formed a group to affairs Sarah Boyack said: “Although review subsidy levels – which the less than the 60,000 affordable SFHA was part of – and the body’s homes our research called for, we

44 Housing | Affordable Homes 45 1999 welcomed the Scottish Government The increase in the affordable homes increasing the affordable homes target and the funding of £3 billion target and the cross-party support has allowed housing associations and it received. Our researched played a co-operatives to increase or re-start part in achieving this. their building programmes. Previous cuts to subsidy levels had resulted in “It is vital that post-2021, social some social landlords stopping their housing providers can continue to building programmes. deliver the housing that Scotland SFHA, Shelter Scotland and CIH needs – and our new joint research Scotland are working on new research Affordable housing is about with Shelter Scotland and CIH into affordable housing need post- Scotland, which will be launched 2021. This research will help make “ this year, will be key to ensuring the case for investment in affordable more than just bricks and that happens.” housing after this parliament. mortar – it provides safe, warm homes, helps create a 2017 fairer Scotland, and delivers great economic benefits. 2019

Kevin Stewart, SNP

46 Housing | Affordable Homes 47 CONTINUE TO CARE

t is well-documented that outcomes Parliament’s Education and Culture Ifor those leaving care are much Committee. The committee was poorer than for their peers. Research looking at decision making processes shows that the single most important around when a child should be taken factor for improving outcomes for into care and why the education young people is increasing the outcomes of the care experienced age and the way they leave care. population were so poor. Their letter Youngsters who stay for longer in asking to meet with committee positive care placements benefit from members marked a turning point for the stability and security that it offers, care experienced people in Scotland, For many of the and enjoy better outcomes in terms of enabling them to speak directly to young people, education, employment and health. MSPs about what life in care was like. “ the campaign In 2013, Who Cares? Scotland, They talked about the poor outcomes, was about in coalition with Aberlour and their own experiences of a disrupted ensuring future Barnardo’s Scotland, kick-started education and homelessness. They generations the award-winning Continue to Care explained that too many young campaign with one clear ask – let people were leaving care too soon would experience people stay in care until they are 21. and relationships that they had spent a better care They wanted to let the relationships years building up were being severed journey than that care experienced young people at the age of 16. they did. had built up and the stability that They also spoke to politicians, they had found continue beyond the journalists and members of the public age of 16. to gain support for changes to the law. In 2012, care experienced young For many of the young people, the people supported by Who Cares? campaign was about ensuring future Scotland responded to a call generations would experience a better for evidence from the Scottish care journey than they did.

48 Health | Continue to Care 49 1999 Duncan Dunlop, chief executive of recognised and claimed their care Who Cares? Scotland, said: “When identity. This was a global first and the opportunity to take the voice of has gone from strength to strength.” care experienced people direct to Changes introduced by the Children decision makers in the parliament and Young People (Scotland) Act 2014 presented itself, it was an opportunity mean that when a young person in to make sure that they were able to care reaches 16 they are given the influence decisions about their lives option to stay for a further five years. If at the highest level. I served for eight years as the head of the placement cannot be maintained, “A key point in retrospect was that or if it is in the young person’s “ the respect given to their voice meant best interests to start an alternative policy at Aberlour. This was during the legacy was not just legislation, placement, a welfare assessment but was also the dawning of the must be provided. The legislation also the passage of the Children and movement of care experienced means young people leaving care are people - we recognised this change eligible to receive “aftercare support” Young People Act, when we formed was achieved because people had up to the age of 26. 2014 the coalition on continuing care with Barnardos and Children 1st. 2019 It was through this coalition that we were able to celebrate the biggest change in care leavers provision in over 20 years.

Alex Cole-Hamilton, LIB DEM

50 Health | Continue to Care 51 FREE PERSONAL CARE FOR OLDER PEOPLE

ge Concern Scotland led a lengthy been ignored and with an ageing A campaign to introduce free personal population, the need for strategic care for older people in Scotland. long-term planning was imperative. In 1999, a Royal Commission was set “Our biggest challenge was that our up to look at options for a sustainable colleagues in England and Wales system of social care for the elderly. didn’t agree with the introduction Its report recommended that personal of free personal care, so Scotland care should be available in all settings, was on its own. Devolution gave free at the point of delivery in tandem us the opportunity we needed and Free personal with the health service and paid for we worked with other pensioner care was by general taxation. organisations to call for equality “ engrained in of access. It was very much a team The UK Parliament rejected the effort. The then health minister Susan Scottish policy, proposals but Age Concern Scotland - Deacon wasn’t very keen – the key the result of the together with a range of organisations concern was cost.” combined power concerned with issues affecting older people - continued to campaign The campaign received widespread of democracy, for change when the new Scottish media coverage. The turning point devolution and Parliament was set up. came when Henry McLeish (Labour) determination. spoke in support of free personal care Maureen O’Neill, former director of at a major Age Concern conference Age Concern Scotland, said: “Our in Kirkcaldy – on the day he became starting point from the outset was First Minister. one of inequality. Under the NHS care is free at the point of delivery, O’Neill said: “It was like a dam but not in people’s own homes or bursting. The government ran with care homes. Our contention was that it and the legislation was supported investment in older people had always unanimously in parliament. Free

52 Health | Free Personal Care for Older People 53 1999

2019

“Frank’s Law means that people under 65 who were not previously entitled to free personal care are now eligible for support. personal care was engrained in delayed discharges, freeing up NHS Scottish policy, the result of the resources and largely ended disputes combined power of democracy, between local authorities and health The legislation is a real step devolution and determination.” boards over the care of elderly people. The Community Care and Health And the legislation has been 2019 forward in delivering progress (Scotland) Act introduced free expanded just this year. Frank Kopel, nursing and personal care for the a former Dundee United footballer, elderly on 1 July 2002. All personal was diagnosed with early onset for some of the most vulnerable care charges for people cared for dementia at just 59 and died aged 65 in their own homes and in nursing in 2014, just weeks after he qualified people in our society. homes were abolished. Personal care for free personal care. His widow includes personal hygiene, continence Amanda Kopel campaigned for free management, food and diet, help Miles Briggs, CONS personal care to be extended to with mobility and medication. everyone who requires it, regardless A Scottish Parliament Health of age. Subsequently, the Scottish Committee inquiry in 2005 concluded Government agreed to extend free that the policy enabled more people personal care to younger people with to receive care at home; reduced degenerative conditions.

54 Health | Free Personal Care for Older People 55 SCOTTISH WELFARE FUND

ll families hope that they will never experiencing poverty across Scotland A have to access emergency loans and was brought about in no small part - however crisis grants are vital to thanks to the voice of the third sector. helping those struck by poverty to “In providing a cash-based response, access financial support quickly. the fund offers a more dignified The Scottish Welfare Fund (SWF) was approach to supporting people launched in 2013 to provide crisis experiencing income crisis; an grants for living expenses in the event approach that gives people choice of an emergency and community about how to meet their own needs. In the context care grants to enable and support In the context of the last few years of of the last few independent living. It is a national social security reform, stagnating pay “ years of social and rising living costs, it has acted for scheme delivered by Scotland’s 32 security reform, local authorities on behalf of the many people as a vital safety net that Scottish Government and replaced the has protected them from harm.” stagnating pay and rising living discretionary Social Fund previously The fund provides a one-off grant for run by the UK Department for Work living expenses or household goods costs, it has acted and Pensions, which provided crisis which does not have to be repaid, for many people loans for vulnerable people. unlike the previous Social Fund loans. as a vital safety The Welfare Funds (Scotland) Act It is limited to the amount of money net that has 2015 placed a statutory duty on local made available to the council every protected them authorities to provide welfare funds. year, and any additional resources local authorities use to top up the from harm. Peter Kelly, director of the Poverty fund; therefore payments may be Alliance, said: “The act, by establishing restricted. Councils have extensive the Scottish Welfare Fund on a discretion over how the scheme is statutory footing, has had an important provided in their local area, in line impact on the lives of people with regulations and guidance.

56 Social Justice | Scottish Welfare Fund 57 1999 The fund compares extremely However, work to ensure the fund favourably with local welfare remains accessible to vulnerable assistance (LWA) schemes in England people across Scotland is ongoing. and Wales where provision has Kelly added: “We have to recognise become increasingly patchy and has that – with the fund’s budget faced uncertainty. Applicants can get remaining static since 2013/14 – it a crisis grant even if they are subject is now under significant strain. To to a DWP sanction or disallowance ensure the fund continues to meet which has reduced their benefit. The people’s needs – and to ensure the reason for the sanction should not legacy of the act – it’s essential that its The Scottish Welfare Fund provides be taken into account when the local budget is increased and protected in “ authority is making a decision. the years ahead.” a vital lifeline to families during times of crisis, and helps people 2013 in desperate situations where they cannot afford to buy everyday items, such as food or nappies, 2019 that many of us take for granted.

Angela Constance, SNP

58 Social Justice | Scottish Welfare Fund 59 FREE SCHOOL MEALS

any adults have memories of their Sheridan (SSP), co-sponsored by Mschool dinners, more often than Alex Neil MSP (SNP) and John not negative memories. However in McAllion MSP (Labour). The bill was recent years there has been a drive to defeated but the Scottish Executive improve the quality of school meals, implemented the recommendations and most importantly to ensure they of the Hungry for Success report to are available to all. increase the take-up and quality of school meals. In May 2005 another The Scottish Government introduced Scottish Socialist MSP Frances Curran free school meals for all children lodged a proposal for a new School in primary one to three in January Meals (Scotland) bill, but this too was 2015. The initiative was the result of defeated. Before the Scottish a long-fought Scottish Free School Parliament it Meals Campaign, led by Child Poverty The Education (School Lunches) “ Action Group (CPAG) in partnership (Scotland) Regulations 2009 extended was difficult to with other organisations including entitlement to the children of parents get any Scottish One Parent Families Scotland, the receiving maximum Child Tax Credit legislation Poverty Alliance and other children’s and Working Tax Credits, while 16 to through, it was charities. This was an extension to 18 year olds getting these benefits in exceptionally the previous policy of offering free their own right could also claim free school meals to children and young school meals. hard to lobby people from families on low incomes Westminster A Scottish Government in receipt of certain means tested announcement in 2014 to provide free from Edinburgh. benefits. school meals to p1 - p3 pupils was A School Meals (Scotland) bill to followed by an amendment to the introduce universal entitlement Children and Young People (Scotland) was introduced in the first Scottish Act. It gave ministers the power to Parliament in 2002 by MSP Tommy require local authorities to provide

60 Poverty | Free School Meals 61 1999 free school meals to all children in “Eventually we were successful selected year groups. The government in getting the SNP to commit to awarded councils extra funding to piloting free school meals for all in implement the policy, which affected P1 to P3 in the run up to the 2007 135,000 children. parliamentary election and include it John Dickie, director of CPAG in their subsequent local government in Scotland, said: “We had concordat agreement.” disappointments along the way but The universal provision of free, kept pushing the issue working healthy school meals has proven in partnership with others in the voluntary sector. We did a lot of work benefits in relation to uptake, family with opposition parties, as well as the budgets, educational attainment, Scottish Executive, speaking at fringe public health and addressing With child poverty rising and events at party conferences as well as inequality. It also removed the stigma helping build a strong civic society of means testing for children from “ coalition of support. low income families. reliance on foodbanks increasing alarmingly, children need a free and 2015 nutritious meal at least once a day 2019 including during school holidays.

Elaine Smith, LAB

62 Poverty | Free School Meals 63 HUMAN TRAFFICKING AND EXPLOITATION

uman trafficking is seen by society legislation in place or a clear definition Has one of the most serious crimes, for human trafficking and exploitation. and the idea that slaves exist in the Amnesty and anti-trafficking modern world is shocking. However campaigners called for legislation to only a decade ago, no individual had protect the victims of trafficking and ever been convicted of the crime in improved training and collaborative Scotland. Even though trafficking was working to identify victims and occurring, issues with the law meant offer improved support services. prosecution was difficult. An Equality and Human Rights The number of In 2008, Amnesty International Commission Scotland inquiry into potential human conducted research on human human trafficking in 2010 also called “ trafficking victims trafficking in Scotland in partnership for Scottish-specific legislation and a in Scotland with grassroots campaigners victim-centred approach. including Trafficking Awareness identified and Partnership working was crucial Raising Alliance (TARA) and Stop helped is rising. to the success of this campaign. the Traffik in Glasgow. This led to In 2017, there were Amnesty International worked with the publication of Scotland’s Slaves partners who had expertise at service 213 referrals to – a briefing focused on women and level and those working with victims Police Scotland – girls that revealed people were being of trafficking throughout Scotland. trafficked across Scotland, and that a 42 per cent During the passage of the bill, victims had subsequently been increase from 2016. Amnesty called for further provision identified and rescued by police. on Independent Legal Guardians for The briefing highlighted that no all separated and unaccompanied successful prosecutions had ever been children and the development of a brought against those responsible, specific Scottish National Referral partially as a result of neither Scots Mechanism (NRM) based on a multi- Law nor English Law having suitable agency, multi-disciplinary approach

64 Poverty | Human Trafficking and Exploitation 65 1999 which provides a human rights It raised the maximum penalty for framework for the identification and trafficking to life imprisonment for support of victims of trafficking. both human trafficking and crimes related to exploitation, and placed a In September 2013, MSP (Labour) launched a duty on Scottish Ministers to secure consultation on new legislation provision of immediate support and in March 2014, former Justice and recovery services for victims of Secretary Kenny MacAskill (SNP) human trafficking and exploitation. This important bill consolidated announced that the Scottish The number of potential human Government would draft a dedicated trafficking victims in Scotland “ Human Trafficking bill for Scotland. and strengthened the existing identified and helped is rising. In October 2015 the Scottish In 2017, there were 213 referrals criminal law against human Parliament unanimously passed to Police Scotland – a 42 per cent the Human Trafficking and increase from 2016. The greatest Exploitation (Scotland) Act. The increase 85 per cent) was in labour trafficking and the offence relating act was intended to strengthen and exploitation referrals, and over half consolidate existing laws on human related to male victims, both adults 2015 to slavery, servitude and forced or trafficking and offer more robust and children, a rise of 64 per cent compulsory labour. The evidence support to victims. from the previous year. from voluntary organisations 2019 undoubtedly helped members improve the bill during the scrutiny process.

Margaret Mitchell, CONS

66 Poverty | Human Trafficking and Exploitation 67 SOCIAL SECURITY

hrough gaining devolved powers, Rob Gowans, policy officer at Tthe Scottish Government has Citizens Advice Scotland, said sector pledged to build a fairer social involvement was key from the early security system. stages. The rebuilding of welfare offered “Benefits were an entirely new area unprecedented opportunities for third for the Scottish Government and sector organisations to help create a they sought our advice from an early new system that will provide support stage,” he said. “We realised we had a unique opportunity to shape and for the vulnerable. influence the system. We convened The partnership The Scottish system will include new a roundtable of organisations we between Marie forms of assistance and a language thought would be interested to work “ Curie and MND that is distinct from that of the together on various amendments to Scotland – backed the bill.” reserved social security system. The by 20 other act consists of eight overarching Organisations who have helped to organisations - was principles which include: social created fairer legislation include one of the most security as a human right; respect Marie Curie and MND Scotland. for dignity of individuals at the effective campaign “What we noticed with the DWP heart of the system; and the system partnerships I’ve definition of terminal illness, which contributing to the reduction of referred to last six months of life, worked on. poverty in Scotland. was that it was very restrictive,” said Issues that the sector has offered Richard Meade, head of policy and support on include disability and public affairs at Marie Curie. carers benefits, overpayments, “Only people with a terminal cancer industrial injury assistance and diagnosis were managing to get their funeral expenses. benefits quickly and without having

68 Poverty | Social Security 69 1999

“The Social Security (Scotland) Act 2018 is the product of the

collective input of MSPs of all to go through one to one assessments, lobbied Scottish Government and which we felt was unfair to those submitted evidence which argued for parties, third sector organisations with other terminal conditions. a national scheme for Scotland that would provide community care grants “The partnership between Marie Curie and crisis grants rather than loans. and the Scottish public. They and MND Scotland – backed by 20 2018 other organisations - was one of the “We argued that while the DWP 2019 all shaped its development and, most effective campaign partnerships Social Fund had served many of the I’ve worked on. We worked together poorest families in Scotland, a quarter together, we have created a piece on all aspects of the campaign and of community care applicants were across our different departments. The from lone parent households. The public and MSPs were very supportive reason why they need to access the of legislation to be proud of. of it once we began to get the message fund is because they are living on across, and this led to a compelling incomes well below the poverty line, case for change.” Jeane Freeman, SNP on which it is extremely difficult to One Parent Families Scotland cover unexpected costs. highlighted the need for crisis grants “OPFS was extremely pleased to support those struck by poverty. and relieved when the Scottish The charity’s head of policy and Government continued a commitment strategy Marion Davis said: “We to grants rather than loans.”

70 Poverty | Social Security 71 EQUAL MARRIAGE

he campaign for equal marriage discriminatory and not in keeping Tis one of the longest and most with a fair and progressive Scotland. passionate to have been fought across Campaigners also pointed out that the modern world. it would give religious and belief groups in Scotland the right to The Equal Marriage campaign in choose for themselves whether or not Scotland called on the Scottish to conduct same sex ceremonies. Government to legalise same sex marriage and mixed sex civil While many religious groups It was a signal to partnership in Scotland. The campaign opposed the legislation, a coalition same sex couples was a partnership involving, amongst of 45 religious leaders and 25 “ all over Scotland others, the Equality Network, religious groups launched the Faith NUS Scotland, the Scottish Youth in Marriage campaign supporting that their love Parliament, LGBT Youth Scotland and it. Opinion polls and consultations was just as Stonewall Scotland. showed around two thirds of the important as public believed that same sex couples During the 2011 Scottish Parliament anyone else’s. should be allowed to marry. elections, First Minister Alex Salmond was asked on TV if he supported same Sophie Bridger, campaigns, policy sex marriage. He said he did, and the and research manager at Stonewall SNP agreed to hold a consultation Scotland, said: “The same sex if they got back into government. marriage legislation was a landmark Following a consultation which moment of legal equality for lesbian, attracted 77,500 responses, the gay and bi people in Scotland. Scottish Government announced it “It was a signal to same sex couples would legalise same sex marriage. all over Scotland that their love was A key message was that the ban on just as important as anyone else’s. same sex marriage in Scotland was Being able to marry has brought

72 Social Justice | Equal Marriage 73 1999 a great deal of joy and happiness to many same sex couples across Scotland. But we always knew that this was not the end of the road - there is still a lot to do to do make sure all LGBT people are accepted, In my lifetime, gay people could without exception.” “ The Marriage and Civil Partnership be prosecuted for being in a loving (Scotland) bill was introduced in June 2013 and came into force on 16 relationship. Now, those same couples December 2014. Civil partnerships could be exchanged for marriage certificates from that date, with the have been able to get married and first same sex marriages taking place on 31 December 2014. The Scottish celebrate their love for what it is. Episcopal Church decided in 2017 to conduct same sex marriage. A 2014 Church of Scotland committee is That day, Holyrood was at its best drafting church law on the issue and is due to report back this year. – robust debate, high emotion – By the middle of 2018, 4401 same sex marriages had been registered in 2019 Scotland. The Social Attitudes Survey democracy in its purest form. 2015 revealed a huge rise in support for same sex marriage. More than For me, it’s when this Parliament two thirds of people (68 per cent) agreed that same sex couples should came of age; when it helped push have the right to marry, compared with just two-fifths of the public 41 Scotland forwards. per cent) in 2002. The bill passed by 108 to 15 votes – at the time, the third biggest proportion Ruth Davidson, CONS of votes in favour of equal marriage in the world.

74 Social Justice | Equal Marriage 75 RIGHT TO ROAM

he campaign to enshrine Scotland’s (Scotland) Act, which sets down Thistoric traditions of responsible statutory rights of access, if taken access – sometimes known as ‘the responsibly, over most areas of land right to roam’ – into law dates back and water. The act applies to all non- to the 1890s, when Liberal MP James motorised access such as walking, Bryce placed his Access to Mountains cycling, horse riding, climbing, (Scotland) bill before Westminster. All sailing and canoeing - and to the vast subsequent efforts failed as successive majority of land and inland water. governments avoided trying to get legislation through the House of Lords. The hard-won legislation placed Scotland at the top of the It’s vital to However in the 1990s, Scottish Labour MPs - led by enthusiastic international charts in terms of remember those access. Scotland’s excellent access “ hillwalker John Smith - were organisations that pressing the case for responsible rights – together with the Scottish campaigned over access legislation for Scotland. In Government’s National Walking decades to bring Strategy – have supported strong 1994 a report from the government’s this legislation advisers on the countryside, growth in recreational walking, up Scottish Natural Heritage, called 13 per cent in six years. Walking into existence; for an ambitious new approach now contributes an estimated legislation that which would give Scotland access £1.26 billion a year to the Scottish has become the arrangements “amongst the best in economy, according to VisitScotland. envy of the world. Europe”. The subsequent legislation While there are still occasional was the culmination of many issues with obstructions and non- decades of campaigning led by compliant signage, conflict between Ramblers Scotland. walkers and landowners is relatively On 23 January 2003, the Scottish rare, due in no small part to the Parliament passed the Land Reform common sense, bigger picture

76 Environment | Right To Roam 77 1999 approach of all – from farmers and responsibly over land in Scotland in foresters, to walkers and cyclists. legislation. It’s vital to remember those organisations that campaigned over Cameron McNeish, who campaigned decades to bring this legislation into for the act during his time as Ramblers 2003 Scotland president, said: “It’s important existence; legislation that has become to remember that the access provisions the envy of the world.” of the Land Reform (Scotland) Act could Dave Morris, Ramblers Scotland’s never have been achieved through director during the campaign, Westminster. The land-owning interests said: “Access to nature should be a The Land Reform (Scotland) in the House of Lords would have fundamental human right, recognised “ continued to vote it down. across the world and promoted by the Act 2003 remains one of the “The creation of the Scottish Parliament United Nations. The Scottish right to was crucial in giving voluntary roam legislation ensures citizens can major successes of the Scottish organisations like Ramblers the access most of our land and water, lays confidence to campaign hard and obligations on land managers to facilitate ultimately very effectively to enshrine this access and provides public bodies Parliament in its first term, and our traditional de facto right to roam with duties to protect these rights.” there was strong cross-party

support for the establishment 2019 of statutory access rights.

Richard Lochhead, SNP

78 Environment | Right To Roam 79 REPEALING BAN ON DISCUSSING HOMOSEXUALITY IN SCHOOLS

series of homophobic attacks demonstration in Britain against the A on LGBT equality and pro- introduction of s28 was in December LGBT Labour councils by Margaret 1987 in Edinburgh. We set up the Thatcher’s government led to a ban on Equality Network – originally a group discussing homosexuality in schools. of friends around a kitchen table – in 1996 and repeal of s28 was top of Section 28 (s28 of the Local the list of the things we wanted to Government Act 1988 was a change. We published a blueprint controversial GB-wide amendment to The newly manifesto and backed the devolution local government law, enacted on 24 devolved Scottish referendum as we knew a Scottish “ May 1988. Parliament would lead to better Parliament It stated that a local authority decision-making and hear Scottish made history by should “not intentionally promote voices more clearly.” repealing s28 as homosexuality or publish material The charity, then run by volunteers part of the Ethical with the intention of promoting on a shoestring budget, campaigned Standards in Public homosexuality” or “promote the along with other equality bodies for teaching in any maintained school of Life (Scotland) Act equal opportunities to be at least the acceptability of homosexuality as which passed on partially devolved in the Scotland bill. a pretended family relationship”. 21 June 2000. Hopkins said: “We contacted the Equal Teachers, confused as to what was Opportunities Committee as soon actually permitted, tended to err on as parliament was up and running the side of caution and were afraid to in September 1999. The committee tackle homophobic bullying, while took evidence from the Communities many LGBT groups were forced to close Minister and in or limit their activities or self censor. November the Scottish Executive Tim Hopkins, director of the Equality announced the repeal of s28. Scottish Network, said: “The first ever Labour had been committed to repeal

80 Education | Repealing Ban on Discussing Homosexuality in Schools 81 1999 2000

“As a youthworker supporting young LGBT people, the Section 28 campaign felt pretty personal to me. and perhaps initially it was seen as an and backed by the Daily Record I had to walk to work past billboards easy win for the executive.” newspaper. The Catholic Church claimed repealing s28 would be The newly devolved Scottish damaging to children. saying “protect our children” – and Parliament made history by repealing s28 as part of the Ethical Standards Many organisations and individuals in Public Life (Scotland) Act, which joined the Scrap the Section that meant from people like me! It 2019 passed on 21 June 2000. It was campaign to support the repeal. eventually repealed in the rest of Five of the six parties at Holyrood was a very tough year, but we won in Britain by the Local Government Act supported repeal, while the in November 2003. Conservatives made an unsuccessful court, we won in parliament, and we The repeal paved the way for further case that instead, education law devolved legislation and policy to should include a proviso that won the media campaign too. improve LGBT rights and equality on schools had to promote the primacy issues: including hate crime, adoption, of marriage. Patrick Harvie, GREEN equal marriage and the inclusion of Hopkins said: “It was a fundamental LGBT issues in the curriculum. indication of the direction the However a Keep the Clause campaign Scottish Parliament was going to take. against repeal was launched by If we had lost, it would have set LGBT conservative religious organisations equality back decades.”

82 Education | Repealing Ban on Discussing Homosexuality in Schools 83 COMMUNITY RIGHT TO BUY

ess than 500 people, many of whom climate but its powers were limited Llive abroad, own half of all privately- and highly complex to use. Our owned land in Scotland - one of objectives were to simplify it and have the highest concentrations of land its powers widened in scope. The ownership in the world. Scottish Government was committed to simplifying it but not at that stage to The Land Reform Act (2003) enabled extending it. rural communities who successfully registered a community interest in “The Community Empowerment Bill The Scottish Land land to have the first option to buy gave us an opportunity to change this Fund, set up in when it was offered for sale. The as government officials effectively “ 2012 as a result of had a blank sheet. We made a major Community Right to Buy (CRB) was CLS campaigning, extended to include urban areas and policy submission, built relationships gave rights for communities to apply with the committee, gave oral and now has an to purchase land even when there was written evidence and lobbied on a annual budget of not a willing seller in the Community cross party basis. We employed a £10 million and Empowerment Act 2015 and the former government solicitor and a has funded many legislation drafting expert to help us Land Reform Act 2016 extended these of these purchases. rights for a community in pursuit draft a targeted series of amendments of that community’s sustainable to the bill. development. “Our key aim was to extend Community Land Scotland (CLS) community right to buy to all communities in Scotland, which was set up in 2010 to increase the was a significant breakthrough. momentum for land reform. After a lot of lobbying we got the , former policy director Scottish Government to allow of CLS, said: “The 2003 act moved communities to buy land if it was things forward and changed the abandoned or neglected. We didn’t

84 Environment | Community Right to Buy 85 1999 think that went far enough and a real concern. The act also required wanted to include purchase of land for ministers to produce a Land Rights and sustainable development in the bill. Responsibilities Statement, the first In the end they added land where the in the world, which adopts a human use or management of the land was rights approach to land reform. ‘detrimental’ to the environmental Since 1990, there has been more than wellbeing of the community, which a fivefold increase in the area of land in was a step forward.” community ownership. As of June 2017, CLS worked closely with Global there were 562,230 acres in community. Witness, SCVO, Community Alliance, The Scottish Land Fund, set up in 2012 DTAS and CWA in aspects of the as a result of CLS campaigning, now has It is heartening that civil society changes they were seeking. an annual budget of £10 million and has funded many of these purchases. Further campaigning led to a series “ of proposals in the Land Reform remains engaged in making the (Scotland) Bill 2016, including the provision of the Land Commission case for land reform and for and amendments for a strong register of controlling interests in land, as the 2016 tackling the deeper questions of secrecy surrounding landowners could be hidden by shell companies and was

power that lie at the heart of the 2019 land question.

Andy Wightman , GREEN

86 Environment | Community Right to Buy 87

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