Seòmar agus comataidhean

I refer the member to the answer to question S6W-01865 on
‎ 18 August 2021. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

Police Scotland publish data on their website in relation to the numbers of people who have been issued with Fixed Penalty Notices or arrested in relation to breaches of Covid-19 regulations. However the data does not identify the settings in which the breaches occurred. Specifically in relation to the railway network, cumulative intervention figures across all divisions in Scotland up until
21 July 2021 show there have been 6,229 interventions, 854 directions to leave and 34 Fixed Penalty Notices issued by British Transport Police in relation to non-compliance with Covid-19 regulations.

The responsibility for the enforcement of Covid-19 regulations on public transport rests with Police Scotland and, in the case of the railway network, British Transport Police. Police officers have enforcement powers to issue a fixed penalty notice to anyone 18 or over if there is reason to believe an offence has been committed under the regulations. These powers are used as a last resort where people are defying very clear and sensible advice, which is designed to protect them from harm.

In addition to regulations, Transport Scotland has published guidance for transport operators to enable them to keep their staff and passengers safe during the pandemic. This guidance reinforces the importance of signage, announcements and messaging to remind passengers of Covid-19 requirements whilst using public transport.

Transport Scotland, as part of the Rail Recovery Task Force, uses Transport Focus’s passenger pulse research to identify the changing priorities and requirements of rail passengers during and post Covid-19 which also provide a platform to assess the scale and pace of recovery from Covid 19 and, in particular, the potential to move towards our policy vision of an integrated public sector controlled railway.

Transport Scotland is pressing ahead to put in place arrangements to mobilise a wholly owned company of the Scottish Government to provide ScotRail services when the current franchise expires as expected on 31 March 2022.

We are always ready and willing to listen to those tackling antisocial behaviour directly in our communities – they have the knowledge and expertise and we value their views. In our regular discussions with Police Scotland and local authorities on these issues, there have been no calls for the Scottish Government to consider an increase in the level of Fixed Penalty Notice for antisocial behaviour.

We therefore have no current plans to increase the penalty. Any proposed increase would have to be carefully considered to ensure the change was effective, proportionate and avoided unintended consequences.

The Scottish Government is working constructively and collaboratively with the Law Society of Scotland, the Scottish Solicitors Bar Association and representatives of several bar associations to co-design and deliver a wide range of measures in recognition of the important role in the Justice system of vital legal aid services in Scotland as we emerge and recover from the pandemic.

As well as delivering the first stage of an uplift to legal aid fees of more than 10% over the next two years, the Scottish Government is providing up to £1 million over the next 2 years to support 40 legal aid traineeship posts. The Legal Aid Traineeship fund will increase the capacity and capability of the legal aid profession in Scotland by providing employment and training opportunities. The funding also aims to increase diversity and equality within the legal profession by the recruitment and retention of trainees from under-represented groups across the legal profession including people with a disability, from minority ethnic communities or from socio-economically disadvantaged backgrounds.

As set out in the Draft Business and Regulatory Impact Assessment, which was published on 20 June in conjunction with the consultation paper on the introduction of new legislation on the sale and use of fireworks in Scotland, and tackling the misuse of pyrotechnics Police Scotland has been a key driver in requesting the proposed offence and related stop and search power for pyrotechnics.

The new offence provisions will require Police Scotland to refresh their guidance on stop and search and pyrotechnics that is currently in place for their officers. Police Scotland has confirmed that there will be no additional resources required. Similar powers already exist for a person having an offensive weapon or dangerous instrument with them in a public place without reasonable excuse or lawful authority and it is anticipated that the proposed new offence will be enforced in a similar manner. In due course it is hoped that the new offence and stop and search power for pyrotechnics will make our communities safer and reduce public disorder thereby reducing the number of police operations.

The Scottish Government has awarded grants totalling £2,235,789 from the Coronavirus Resilience and Recovery Fund for Legal Aid (CRRF). Applications from 84 firms and law centres have been approved and 1 grant is pending subject to a recalculation of award, which is now in the process of being concluded.

The total number of applicants who did not meet the criteria for funding is 195 and is broken down into the following categories:

1. The applicant’s legal aid income did not meet the criteria – 22 applications.

2. No shortfall in applicant’s income was calculated compared with casework prior to pandemic, against the criteria for funding – 124 applications.

3. Applicants demonstrated no shortfall in expected fee income, against the criteria for funding, and have been or will be paid other forms of government support in excess of this sum - 49 applications.

Scottish Ministers made a commitment to keep the CRRF under review and have worked in collaboration with the Law Society for Scotland, the Bar Associations and the Scottish Solicitors’ Bar Association on the co-design and eligibility criteria of a new fund.

An announcement by the Scottish Government was made on 4 August 2021 to launch a new £6.7 million Legal Aid Business Support and Recovery Fund, in support of the Government’s Renew, Recover and Transform Programme which aims to deliver a wide range of measures in recognition of the important role in the Justice system of vital legal aid services in Scotland as we emerge and recover from the pandemic.

The Short-Term lets control Areas legislation applies to changes of use from a dwellinghouse to a short-term let property. As such specifically designed and purpose built student accommodation will generally not be affected by the legislation, however the reference to student accommodation was included for the avoidance of doubt and to ensure future compatibility with proposed legislation relating to the licensing of short-term let properties.

As with any other change of use, it would be for the relevant planning authority to consider whether any change of use from student accommodation to short-term lets was a material change of use in planning terms and required planning consent. It would also be for the planning authority to consider enforcement action in any case where a change of use occurred without the appropriate planning consent.

Oil & gas, and wider energy policy is reserved to UK Government, including the licensing of exploration and extraction of offshore reserves. While tax and regulation powers over offshore oil and gas are reserved to Westminster, any Scottish Government support for the oil and gas sector in the North sea will be conditional upon the industry contributing to a sustainable, secure and inclusive energy transition.

We are wholly committed to ending Scotland’s contribution to climate change by 2045, and to ensuring we do it in a way that is just and leaves no-one behind.

T he IPCC’s recent scientific report only serves to underline how important it is that we take significant, near-term action in response to the climate emergency - for this and future generations. That is why the First Minister has called on the UK Government, who have the power to act in this instance, to urgently re-assess all approved oil licenses where drilling has not yet commenced against our climate commitments.

The oil and gas sector has a positive role to play in our journey to net zero. Indeed, we are clear that the North Sea has a vibrant future in renewable energy, hydrogen, and Carbon Capture Utilisation and Storage. Meeting our climate obligations while ensuring a secure energy supply and supporting our highly skilled workforce to transition to the green jobs of the future must all go hand in hand. We will continue to work closely with industry, trade unions, communities and workers to ensure the right skills and training are in place to protect and create jobs as we become a net-zero economy.