Seòmar agus comataidhean

The Scottish Government has issued a note to public bodies regarding the UK Supreme Court ruling on the meaning of sex in the Equality Act 2010.

It is the statutory role of the EHRC to monitor and enforce compliance with the Equality Act 2010. The Equality and Human Rights Commission (EHRC) have launched a consultation for updates to their statutory Code of Practice for services, public functions and associations, which will run to 30 June 2025.

The Criminal Injuries Compensation Scheme outlines the basis on which victims of violent crime will be compensated. For those who are direct victims of violent crime the scheme is open to police officers as it is to everyone. The scheme also compensates those injured indirectly through for example apprehending an offender where the Criminal Injuries Compensation Authority are satisfied that the person was taking an exceptional and justified risk. The CICA considers each case on its own facts and will assess the case based on the information available. Some applications will by necessity take longer to decide.

The Scottish Government regularly meet with the CICA and performance is discussed. The majority of applications are decided by the Criminal Injuries Compensation Authority within 12 months.

It is the statutory role of the Equality and Human Rights Commission (EHRC) to monitor and enforce compliance with the Equality Act 2010. The EHRC have launched a public consultation seeking views on updates to their statutory Code of Practice for services, public functions and associations, which will run to 30 June 2025.

It would not be appropriate for the Scottish Government to issue specific guidance in advance of the EHRC’s publication given that they are the regulator and enforcer of the Equality Act 2010. Doing so increases the risk of inconsistency with the updated Code of Practice that is being prepared by the EHRC. The Scottish Government has informed the EHRC of our approach.

Public bodies should satisfy themselves that they are compliant with the law and that they are reviewing all necessary guidance and policies to prepare themselves for the EHRC’s updated Code of Practice.

The Scottish Government promotes a play-based, child-centred approach in early years settings, as outlined in Realising the Ambition: Being Me. Digital technology should be used in a balanced and purposeful way that supports, rather than replaces, active learning and relationships. The Scottish Government has not received information from either the Care Inspectorate or Education Scotland to indicate that screens are being overused in early years settings. We continue to monitor research and developments in this area, together with all relevant partners.

The Scottish Government wants all children and young people to attain the highest standard of health and wellbeing possible, but we know some patients are waiting too long and we’re determined to do more and our Budget will provide a record £21.7 billion for health and social care.

We recognise that the current levels of paediatric tooth extractions in hospital are too high - our aim is to reduce the number of children requiring referral as much as possible.

We continue to invest in our flagship preventative programme Childsmile, which provides oral health interventions for all children in Scotland, as well as targeted measures for children from the most vulnerable backgrounds.

The Programme has supported significant improvements in child oral health in Scotland and a narrowing in child oral health inequality over the longer term.

The 2024 National Dental Inspection Programme results show the gap between P1 children with no obvious tooth decay, living in the most and least deprived areas, is at its lowest on record – decreasing from 32.2 percentage points in 2010 to 23.5 percentage points in 2024.

These figures also show three quarters of Primary 1 children have no obvious decay – this is up from 45% in 2003.

The pay deal recognises the vital role of NHS staff in the delivery of the health service as well as fully considering affordability and value for money.

NHS Boards have been provided with a 3% budget uplift for 2025-26 which will help support implementation of pay deals, with budget assumptions based around the multi-year public sector pay policy framework. Whilst the pay uplift will result in additional costs for 2025-26 and beyond, this will be managed through the Health & Social Care portfolio and delivery of board operational plans including taking forward efficiencies and reform activity.

Future year budget allocations are yet to be agreed by the Scottish Parliament and will be considered in line with affordability and sustainability across the health budget.

While we work with NHS Health Boards through planning to make best use of existing NHS resources and capacity, we will continue to consider use of the private sector in a structured and prioritised manner. However, it is for local NHS health boards to determine how they use the private sector and to agree any contractual arrangements.

It is not for the Scottish Government to issue immediate instructions or temporary guidance to public bodies or services, and we are not responsible for monitoring or enforcing compliance with the Equality Act 2010. That is the statutory role of the Equality and Human Rights Commission (EHRC). Each public body should consider the impacts of the Supreme Court ruling and prepare for the updated Code of Practice from the EHRC.

There are many ways in which the Scottish Government consults citizens and organisations. For example, through written consultations, which are open to anyone who is interested in contributing their views, public and stakeholder meetings, focus groups, and questionnaires. In addition, the Scottish Government engages regularly with a wide range of stakeholders, including organisations working to promote gender equality and women's rights.

We will shortly begin engaging with stakeholders and women with diverse lived experience on the development of a strategy to tackle gender inequality and realise the rights of women and girls and we will take steps to ensure that we hear the perspectives of a range of organisations that work with women and girls and advocate for their rights.