Friday 18 December 2020

SCOTTISH GOVERNMENT

Economy

Willie Coffey (Kilmarnock and Irvine Valley) (): To ask the Scottish Government when it will publish this year’s Annual Energy Statement. (S5W-34134) Paul Wheelhouse: The Scottish Government’s Annual Energy Statement was due to be published on 3 April 2020 but was delayed as a result of the Covid-19 pandemic. It will now be published on 18 December 2020.

Lewis Macdonald (North East Scotland) (): To ask the Scottish Government when it plans to publish its final Offshore Wind Policy Statement. (S5W-33615) Paul Wheelhouse: The Scottish Government published its final Offshore Wind Policy Statement on 28 October 2020. The Scottish Parliament was informed of the publication via a Government Initiated Question (GIQ).

I refer the member to the answer to question S5W-32728 on 28 October 2020. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx .

Jackie Baillie (Dumbarton) (Scottish Labour): To ask the Scottish Government on what date applications will open for the discretionary fund to provide support to taxi drivers impacted by COVID-19. (S5W-33842) Jamie Hepburn: Unlike previous funds which have been targeted towards specific groups or sectors impacted by COVID-19, this fund seeks to empower local authorities to direct additional financial support to specific groups or sectors within the business community where this is required. As such councils will have their own distinct application processes which will open at different times and so I am unable to provide a specific date when the discretionary fund will open.

The Cabinet Secretary for Finance has announced an additional £185 million package of support for businesses which included £19 million in funding specifically for taxi and private hire vehicle drivers. This fund will be available in January. Jeremy Balfour (Lothian) (Scottish Conservative and Unionist Party): To ask the Scottish Government for what reason participants in the Fair Start Scotland programme have to work 16 hours or more for at least 13 consecutive weeks to be considered as having achieved a successful short- job outcome, and what research was conducted to conclude that a 16 hours per week minimum was fair to disabled people who might not be able to physically or mentally be in a position to meet this target. (S5W-33944) Jamie Hepburn: Fair Start Scotland’s key priority is to ensure participants receive a quality service in their journey to finding and sustaining employment, through tailored support that meets their needs and takes into account their personal circumstances.

Eligibility for Fair Start Scotland (FSS) is open to people with a range of barriers, however it is aimed that those for whom work is a realistic prospect within 12-18 months. Participants develop an action plan which sets out their goals and the pace at which they want to achieve them.

For participants with more significant barriers, up to 18 months pre- employment support is available. During this time Providers can commission any specialist support required to help participants move towards becoming work-ready, including work experience and placements to help build up to working longer hours where that meets the participant's longer-term goals.

As part of Fair Start Scotland contracts, Service Providers are paid when job outcomes reach 13, 26 & 52 weeks. These milestones are used to drive good job quality and increase income for participants, in line with Scottish Government Fair Work principles. Providers are only paid for outcomes where participants are working more than 16 hours per week as this more likely to provide a secure income however, there is no expectation that participants will work to this level if it’s not what they want to do.

Through the in-work support offered as part of the service, Providers continue to work with participants for a further 12 months after entering employment to further develop their skills, increase their confidence and ensure the job continues to fit their needs.

Jeremy Balfour (Lothian) (Scottish Conservative and Unionist Party): To ask the Scottish Government what action it is taking to improve the promotion of the Fair Start Scotland programme, in light of its 2020 evaluation report, which found that, of a social security experience panel that had a membership made up of 83% disabled people, 74% said that they had not heard of it. (S5W-33947) Jamie Hepburn: As part of continuous improvement activities over the coming year, the Scottish Government and Service Providers will continue to promote Fair Start Scotland, reviewing their marketing strategies to adapt to local labour market needs and potential changes in demand as a result of the COVID-19 pandemic.

In response to the COVID-19 pandemic, Service Providers have enhanced digital promotion of the service through an increased social media presence, which has had some success in increasing the volume of referrals from third party organisations during the lockdown period.

We are working with Service Providers to generate local action plans to identify new ways to extend awareness of and reach to some of the more under-represented groups on the service.

We will also continue to work with Service Providers and partners, including the Department for Work and Pensions to promote and improve the service to ensure that those who are eligible would benefit from Fair Start Scotland support, are able to do so.

Jeremy Balfour (Lothian) (Scottish Conservative and Unionist Party): To ask the Scottish Government what its response is to figures suggesting that the number of disabled people joining the Fair Start Scotland programme has been declining annually, from 55% participation in Year 1 to 27% in Year 3. (S5W-33948) Jamie Hepburn: The figure of 27% quoted only represents the first quarter of Year 3, from April to June 2020.

In the most recent quarter (July – September 2020) there was a large increase in the proportion of unknown equalities monitoring data gathered by FSS Service Providers, therefore it is not possible to report on the change in the proportion of disabled people during this time.

We recognise the impacts of the COVID-19 pandemic on Fair Start Scotland where people with health concerns or disabilities have become less inclined to engage with services during this time. This has also had an impact on collection of the equalities monitoring data.

While there has been a drop in the overall percentage of people with disabilities joining the service, the proportion (27%) remains broadly in line with the Scottish unemployed population as a whole, 30% of whom report having a disability. ( Source: ONS, Annual Population Survey, Jan-Dec 2019).

As part of our continuous improvement activities with FSS Service Providers over the coming year, we aim to extend the reach of the service to disabled people, ethnic minorities and other groups as suggested by our evaluation feedback and performance data.

The Scottish Government remains committed to at least halving the disability employment gap in Scotland by 2038, and statistics show that there has been a steady growth in employment rates for disable people in between 2014 and 2019 from 41.5% to 49% (Source: ONS, Annual Population Survey, Jan-Dec data).

Mark Ruskell (Mid Scotland and Fife) (Scottish Green Party): To ask the Scottish Government what its position is on granting protected status to (a) hedgehogs and (b) hedgehog breeding sites from property developers. (S5W-33972) Roseanna Cunningham: As set out in the response to S5W-27518 answered on 28 February 2020, hedgehogs are listed on schedule 6 of the Wildlife and Countryside Act (1981), which makes it illegal to kill or capture them using specified methods.

One of the principles in Scottish Planning Policy is that the planning system should seek benefits for biodiversity from new development where possible, including the restoration of degraded habitats and the avoidance of further fragmentation or isolation of habitats.

Scottish public bodies, including planning authorities, have a duty under the Nature Conservation (Scotland) Act 2004 to further the conservation of biodiversity. This duty must be reflected in development plans and development management decisions.

While there is some evidence of a decline in hedgehog numbers, the available information is not sufficient to suggest that the species is in danger of extinction in Scotland. Steps being taken to halt the decline of hedgehogs in our towns and cities include the promotion of greenspace and green networks, for example through the Green Infrastructure Strategic Intervention managed by NatureScot.

The Scottish Government has no plans to change the legal protection for hedgehogs or their breeding sites.

Maurice Golden (West Scotland) (Scottish Conservative and Unionist Party): To ask the Scottish Government what effect the COVID-19 pandemic has had on the number of pets and other animals being abandoned. (S5W-33996) Mairi Gougeon: The Scottish Government does not hold information on the number of pets and other animals being abandoned.

Education, Communities and Justice George Adam (Paisley) (Scottish National Party): To ask the Scottish Government when Phase 2 of the Learning Estate Investment Programme will be announced, and which school projects will be included within this phase. (S5W-34132) John Swinney: I am pleased to confirm that the projects to benefit from the second phase of the Learning Estate Investment Programme (LEIP) will be announced today.

Through Phase 2 of the LEIP, 25 new schools and campuses will be constructed or refurbished to provide modern, state of the art learning facilities for approximately 21,000 children and young people across Scotland.

The Scottish Government contribution, alongside local authority contributions to Phase 2 of the Programme, will help enable almost £800 million of investment across 18 local authorities.

The full list of LEIP Phase 2 projects are as follows:

1. Angus Council - Monifieth High School

2. City of Edinburgh Council - Liberton High School

3. City of Edinburgh Council - Wester Hailes Education Centre

4. Dumfries and Galloway Council - Dumfries High School

5. Dundee City Council - New Campus to replace Craigie and Braeview High Schools

6. East Ayrshire Council - Doon Valley Community Campus

7. East Ayrshire Council - St Sophia’s Primary School

8. Fife Council - Inverkeithing High School

9. Glasgow City Council - Gaelic Primary School

10. Glasgow City Council - New City Centre Primary School

11. Highland Council - Broadford Primary School

12. Highland Council - Nairn Academy

13. - Penicuik High School

14. Midlothian Council - Mayfield Primary School Campus 15. Moray Council - Findrassie Primary School

16. North Ayrshire Council - Montgomerie Park Primary School

17. Perth and Kinross Council - Perth High School

18. Perth and Kinross Council - North Perth Primary School

19. Renfrewshire Council - Paisley Grammar Community Campus

20. Scottish Borders Council - Galashiels Academy

21. Scottish Borders Council - Peebles High School

22. South Lanarkshire Council - Newton Farm Primary School extension

23. Stirling Council - Callander Primary School

24. West Dunbartonshire Council - Faifley Campus

25. West Lothian Council - East Calder Primary School

Alexander Burnett (Aberdeenshire West) (Scottish Conservative and Unionist Party): To ask the Scottish Government whether it will provide an update on the actions being taken by the Scottish Dispute Resolution Delivery Group. (S5W-33870) Ash Denham: The Scottish Government response to the Report of the Independent Review of Mediation in the Civil Justice System in Scotland confirmed our intention to work with key stakeholders on a collaborative basis to understand fully the implications of the proposals before making decisions on reform.

We established a Dispute Resolution Group consisting of key organisations and agencies representing a wide range of interests including dispute resolution organisations, Scottish Courts and Tribunal Service and consumer bodies to develop and shape an evidence based package of reform aimed at mainstreaming the use of mediation in the civil justice system in Scotland.

The Group held two meetings in early 2020 but the work of the Group had to be paused in March 2020 due to the combined pressures of preparing for EU exit and responding to COVID-19. Meetings of the Dispute Resolution Delivery Group resumed at the end of September 2020 but the delay has inevitably had a detrimental impact on the programme of work by the Group. However, the Group will continue to support the development of a consultation paper for future publication.

Alexander Burnett (Aberdeenshire West) (Scottish Conservative and Unionist Party): To ask the Scottish Government whether it plans to amend the (a) Trusts (Scotland) Act 1921 and/or (b) common law to broaden the circumstances whereby an executor or trustee can be removed. (S5W-33879) Ash Denham: The Scottish Government continues to give full consideration to the extensive work of the Scottish Law Commission on reform of Scots law of trusts, which includes recommendations on the removal of trustees. Regarding executors, the Scottish Government has already committed to taking forward reforms to the law of succession to ensure that a person convicted of murder or culpable homicide should not be allowed to be executor to their victim’s estate.

Alexander Burnett (Aberdeenshire West) (Scottish Conservative and Unionist Party): To ask the Scottish Government when it will bring forward additional succession law reforms following the Succession (Scotland) Act 2016. (S5W-33880) Ash Denham: The Scottish Government’s response to its most recent consultation on succession law reform was published earlier this year. The Scottish Government committed to taking forward several issues on which there was a degree of consensus. Not all these matters may require primary legislation, but those which do will be legislated for at the next possible opportunity. It is a matter for the next Government to decide the legislative programme.

Alexander Burnett (Aberdeenshire West) (Scottish Conservative and Unionist Party): To ask the Scottish Government what its position is on the ability of legislation and common law to allow executors to be removed where they are not carrying out the responsibilities and duties of that role. (S5W-33881) Ash Denham: The Scottish Government continue to consider the recommendations of the Scottish Law Commission’s on reform of the law of trusts. Among those recommendations was reform of statutory powers to remove trustees and which would include executors. Once consideration is complete the Scottish Government will write to the Scottish Law Commission advising them of next steps. Alexander Burnett (Aberdeenshire West) (Scottish Conservative and Unionist Party): To ask the Scottish Government what analysis it has carried out of the prevalence of executors who are considered problematic. (S5W-33882) Ash Denham: The Scottish Government has carried out no analysis of the prevalence of executors who are considered problematic. It is not clear where such information may be held or how it may be gathered. The Scottish Courts and Tribunals Service may have figures for the number of applications heard in courts, but not all instances of problematic executors will reach this stage.

Alexander Burnett (Aberdeenshire West) (Scottish Conservative and Unionist Party): To ask the Scottish Government what its position is on whether the cost of applying to the Court of Session is prohibitive for most families dealing with executors considered problematic. (S5W-33883) Ash Denham: It is important to remember that where executors are appointed in a will they are chosen by the deceased to carry out their last wishes and the terms of the will. Removal of executors under statute can, in certain circumstances, be done by application to the Sheriff Court, failing which the Court of Session. In considering any proposals for reform the Scottish Government recognises the importance of balancing the ability of beneficiaries to remove a problematic executor and the right of a deceased person to have the individual they choose administer their will.

Alexander Burnett (Aberdeenshire West) (Scottish Conservative and Unionist Party): To ask the Scottish Government whether it plans to take forward the Scottish Law Commission's 2014 proposals to modernise the powers for removal of executors. (S5W-33884) Ash Denham: The Scottish Government continues to give full consideration to the SLC’s Report on Trust Law and the 8 discussion papers and 2 consultation papers that informed its detailed and extensive recommendations. The content of the next legislative programme will be for the next Government to determine. The Delegated Powers and Law Reform Committee’s recommendation that the Presiding Officer’s determination on Scottish Law Commission’s Bills is revised would, if implemented, allow more legislative space for consideration of such Bills.

Iain Gray (East Lothian) (Scottish Labour): To ask the Scottish Government whether the Children’s Commissioner will provide oversight of the review of the appeals system to ensure that the rights of young people are upheld. (S5W-33898) John Swinney: Professor Priestley’s review of the National Qualifications Experience in 2020 recommended that the qualifications appeals system be reviewed, and that due consideration be given to the incorporation of the UN Convention on the Rights of the Child into Scottish law (UNCRC).

The Scottish Government acknowledges that young people are rights holders and key stakeholders within the education system.

I have asked the Scottish Qualifications Authority (SQA) to review the appeals system for National Qualifications in 2021, and they are working closely with key stakeholders to consider the implications of the UNCRC. This will include the Children and Young Persons Commissioner for Scotland and young people.

More broadly, SQA has established a Learner Panel to inform and support the delivery of the National Qualifications assessment approach in 2020-2021. This is in addition to a representative of the Scottish Youth Parliament now sitting on the National Qualifications 2021 Group.

Iain Gray (East Lothian) (Scottish Labour): To ask the Scottish Government how it will ensure that the SQA will offer clear insight regarding how it awards grades and the equity of its processes. (S5W-33899) John Swinney: Details of the approach to assessing National 5 courses were published by the National Qualifications 2021 Group on 8 December 2020. The alternative certification model has been developed to deliver confidence that the hard work and achievements of learners is being recognised fairly. Guidance on the approach to Highers and Advanced Highers will be published as soon as possible.

SQA is co-ordinating the development of an equality impact assessment as part of the quality assurance models which aim to ensure fair and credible results for learners.

Iain Gray (East Lothian) (Scottish Labour): To ask the Scottish Government how it will ensure that pupils (a) who have had to self-isolate and (b) whose teachers have had to self-isolate are not disadvantaged by the 2021 assessment process. (S5W-33903) John Swinney: We have been putting the right support in place at national level to ensure that remote learning is supported for those who need it. I do, however, recognise that some learners have lost significant amounts of teaching time in the current situation, and we cannot guarantee that there will be no further disruption to learning. Our priority is to ensure that the approach to assessment is fair to all.

My statement to Parliament on 8 December 2020 outlined further changes to the awarding of National Qualifications in 2020-2021, with the cancellation of Higher and Advanced Higher exams.

I have asked the Scottish Qualifications Authority (SQA) to build on its collaborative work in developing the alternative certification model for National 5 and consider this as the basis for a model for Highers and Advanced Highers this year.

I have judged that teacher based assessment of learner attainment evidence is the best approach to delivering fairness under the current circumstances of variable disruption to learning. This approach will also allow for some additional teaching and learning time over the period when exams would usually be held will help to alleviate some of the disruption to learning.

As part of the approach to assessing National Qualifications in 2020–2021, SQA is exploring what further measures may be appropriate to take account of COVID-related disruption to learning and assessment, including for those learners suffering the most significant levels of disruption.

Rhoda Grant (Highlands and Islands) (Scottish Labour): To ask the Scottish Government for what reason there has been a delay with the statutory consultation on the merger of Shetland College with Train Shetland and the North Atlantic Fisheries College Marine Centre; by what date the consultation will begin, and how long it will last. (S5W-33934) John Swinney: There are no statutory consultation requirements on the Scottish Ministers at this stage in the process. The consultation duties on Scottish Ministers under the Further and Higher Education (Scotland) Act 1992 only apply to incorporated colleges. Shetland College is not currently an incorporated college, so the duties would not be triggered unless it decided to become one. Similarly, if the merged Shetland College wants to be assigned to the University of the Highlands and Islands, then under the Further and Higher Education (Scotland) Act 2005 Scottish Ministers would need to consult on the assignation. This would also require secondary legislation, which would be scrutinised by the Scottish Parliament. The formal business case for the merger has not yet been submitted to the Scottish Government.

Health and Social Care

Bill Kidd (Glasgow Anniesland) (Scottish National Party): To ask the Scottish Government whether it will provide an update on the car parking arrangements at Ninewells Hospital, Glasgow Royal Infirmary and Royal Infirmary of Edinburgh during the COVID-19 pandemic response. (S5W-34112) Jeane Freeman: On 30 March 2020, the Scottish Government began funding the suspension by the PFI hospital car park providers of car parking charges for staff, visitors and patients at Ninewells Hospital, Glasgow Royal Infirmary and Edinburgh Royal Infirmary. These agreements were subsequently extended until January 2021.

The Scottish Government has now agreed to fund the suspension of car parking charges at these hospitals until the end of March 2021 to help support staff, patients and visitors during the pandemic.

We continue to work on a long term solution to the issue and we will provide an update when the position is clearer.

Liam McArthur (Orkney Islands) (Scottish Liberal Democrats): To ask the Scottish Government what the (a) average and (b) longest time it has taken for an ambulance call out to arrive at an incident in each month since January 2020, broken down by Scottish Ambulance Service Regional Operational Division, also broken down by what proportion of the calls each month this represented. (S5W-32986) Jeane Freeman: The information has been placed in the Parliament’s information centre (Bib 62076).

Pauline McNeill (Glasgow) (Scottish Labour): To ask the Scottish Government whether it will review the advice in the Green Book that underpins advice from the Joint Committee on Vaccination and Immunisation to ensure that clear and unambiguous advice is given to GPs in relation to the eligibility for the flu vaccine of people with Crohn’s and colitis. (S5W-33792) Joe FitzPatrick: The Scottish Government policy on all vaccination programmes are an formed by advice from the Joint Committee on Vaccination and Immunisation (JCVI), an independent scientific advisory committee that advises all administrations in the UK.

The JCVI currently does not recommend offering flu vaccine routinely to all those with Inflammatory Bowel diseases such as Crohn’s and Colitis unless they have other risk factors due to treatment or associated chronic conditions. There are however options for GPs and other clinicians to offer flu vaccine to any of their patients if they feel that their patients would benefit from a flu vaccine. Pauline McNeill (Glasgow) (Scottish Labour): To ask the Scottish Government, in light of people with inflammatory bowel disease being at greater risk of hospitalisation from flu, whether all people with this condition will be included as a priority group in the roll-out of the 2020-21 and future flu vaccination programmes. (S5W-33796) Joe FitzPatrick: I refer the member to the answer to question S5W-33792 on 18 December 2020. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx