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The Scottish Government is committed to ensuring a fair and effective justice system that is accessible to all. We recognise that people with learning disabilities may require additional support to enable them to secure that access.

There are a number of specific measures in place to support vulnerable people, including people with learning disabilities, to access the justice system.

This includes the provision of Appropriate Adults who facilitate communication between the police and vulnerable adult victims, witnesses and suspects - including those with communication difficulties arising from a learning disability. We are currently working with stakeholders to develop a model for delivery of these services across Scotland on a statutory footing.

The Victims and Witnesses (Scotland) Act 2014 requires the main justice agencies to have regard to certain principles when carrying out any statutory functions. These principles include ensuring that victims and witnesses have access to appropriate support and, so far as is appropriate, they are able to participate in investigations and proceedings. Provisions in the Act also require that relevant authorities take appropriate measures to ensure that victims can understand the information given to them and be understood.

We recognise that some witnesses may find it difficult to give evidence in court. They may be particularly vulnerable because of their circumstances, for example, due to a learning disability, or the nature of their evidence. Where it is considered that someone may be vulnerable, an application can be made to the court for special measures to help them give the best evidence they can. This can include giving evidence from outwith the court room via a live TV link or having a supporter sit with them while giving evidence.

People with disabilities, including learning disabilities, are statistically more likely to experience civil justice problems. The Scottish Government has maintained wide access to publicly-funded legal assistance through Legal Aid for both criminal and civil justice matters.

In addition to the above measures, the Scottish Government currently provides grant funding for the Supporting Offenders with Learning Disabilities Network (SOLD). SOLD’s primary aim is to reduce offending and improve support. There are over 330 members of the SOLD Network from a broad range of sectors including: voluntary sector providers, Police Scotland, NHS, Social Work, academic institution, Scottish Courts, Scottish Government and procurator fiscals office. SOLD is led by a partnership between People First Scotland and the Association for Real Change (ARC) Scotland.

Both the Justice Board and the Justice Board’s Equality and Diversity Sub-Group works collaboratively across the justice sector to help to ensure that the justice system does not discriminate against anyone.

Disability is one of the nine protected characteristics listed in the Equality Act 2010. Public bodies have a general duty (known as the public sector equality duty) to:

• eliminate discrimination, harassment and victimisation;
• advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not; and
•  foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

The Scottish Government supplemented this general duty through the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012, which imposes specific duties on Scottish public bodies to help them to meet the general duty. The Scottish Government reports on these specific duties, biannually, in the Equality Outcomes and Mainstreaming Reports. In addition Scottish Ministers have published their ‘proposals to enable the better performance of the public sector equality duty 2013-2017’ and the ‘Making Progress report’.

Scotland’s Learning Disability Strategy, the ‘Keys to Life’ was published in 2013. This is a ten year strategy which embraces a human rights approach and includes a strong focus on reducing inequalities for people with learning disabilities. To help to achieve transformational change in attitudes, behaviours and experiences for people with learning disabilities in Scotland, the Keys to Life will now be closely aligned with the ‘Fairer Scotland for Disabled People Delivery Plan to 2021 for the United Nations Convention on the Rights of Persons with Disabilities’, which was published in 2016. This plan has five long-term ambitions aimed at changing the lives of disabled people in Scotland, this includes the Protected Rights ambition and associated action that, ‘Scotland’s justice system is equipped to meet the needs of disabled people in a fair and inclusive way. Disabled people are confident that their rights will be protected and they will be receive fair treatment at all times’. The plan sets out the 93 actions which will be taken forward during the current parliamentary term to achieve this and the other ambitions and actions.

The Scottish Government provides a range of employability support to help young people, including those with learning disabilities, into further education, training or employment, such as: careers advice and employability programmes. Disabled people are also a priority group for our devolved employment services, “Work First Scotland” and from April this year, “Fair Start Scotland”.

Careers Advice Skills

Development Scotland (SDS) has, in collaboration with the Scottish Consortium of Learning Disability (SCLD) and Values into Action Scotland (VIAS), produced material called “My Career Plan” to meet the careers advice needs of young people with learning difficulties and individuals on the autistic spectrum. My Career Plan is intended to be part of an integrated curricular approach with schools and other partners to prepare young people for transitions beyond school. My Career Plan is now being used by career coaches working with pupils in special needs schools to build their career management skills.

Careers Advisers are trained to support young people with a diverse range of additional support needs through SDS’s Learning and Development Framework which includes an ASN CPD Module available to all.

Employability Programmes

Employability programmes such as: Activity Agreements, Inspiring Scotland’s 14:19 Fund, and the Community Jobs Scotland programme are all open to young people with learning disabilities.

As well as the 12-month, full-time opportunities available on Community Jobs Scotland, there are also part-time opportunities available, specifically created for young people with disabilities, including learning disabilities. Around 45% of the young people taking part in phase 7 of Community Jobs Scotland have identified as either having a disability or with a long-term health condition.

Most of the Ventures supported by Inspiring Scotland’s 14:19 Fund, provide support for young people with learning disabilities. In particular, one of the Ventures is Enable Scotland and its “Stepping Up” programme. Since 2009 this programme has helped nearly 900 young disabled people move into positive destinations of employment (27%), education (52%) and training (21%), whilst also achieving soft outcomes and progression milestones.

In addition to the above employability programmes, the Scottish Government has also committed to developing a Learning Disability Employment Programme.

Modern Apprenticeships

We have provided young disabled people with the highest level of Modern Apprenticeship funding, and will remove the barriers that have previously prevented young disabled people entering Modern Apprenticeships (MA), through the implementation of: The Equalities Action Plan for Modern Apprenticeships in Scotland .

Integration and Alignment

We are building a programme of service integration and alignment that will seek to join up public employability services whilst maximising value for money, and which will support those with disabilities and long term health conditions. Since the publication of “A Fairer Scotland for Disabled People” in December 2016, we have taken action to support more people with learning disabilities into work, including: promoting the employment of disabled people to SMEs in Scotland and delivering a disability internship programme with Inclusion Scotland.

However, we know that more needs to be done and since last Autumn we have been engaging with key stakeholders, including disabled people, to hear their views on any further action needed. On 30 April, the Scottish Government will hold a major congress on disability, employment and the workplace where we will set out our initial findings and future plans.

The Scottish Commission for Learning Disability is a key partner in this work. Scottish Government officials are working with them as part of a short life task group on employment and are supporting the development of the programme for Congress.

There are no official estimates for the number of people working in the gig economy in Scotland. However, on 7 February 2018, the Department for Business, Energy and Industrial Strategy published a research paper on the characteristics of those in the gig economy. This research includes estimates for the share of those involved in the GB gig economy by country/region. The research paper can be found on-line at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/679436/The_characteristics_of_those_in_the_gig_economy.pdf

The main source for official statistics on the number of businesses in Scotland is the Inter-Departmental Business Register (IDBR). The IDBR, maintained by the Office for National Statistics, is a database of all businesses registered for Value-Added-Tax (VAT) and/or Pay-As-You-Earn (PAYE). Co-operatives cannot be specifically identified on the IDBR. However, Co-operatives UK monitor the number of co-operatives across the UK - their co-operative economy report for 2017, which states that there are 560 co-operatives in Scotland, is available on-line at: http://reports.uk.coop/economy2017/#3-across-the-country .

Table 1 shows the level of self-employment in Scotland in each year from October 2010–September 2011 to October 2016-September 2017 from the Annual Population Survey (APS). The October 2016-September 2017 is the most recent data available from the APS.

Table 1: Level of self-employment, Scotland, 2011-2016

Source: Annual Population Survey, Office for National Statistics

The Businesses in Scotland 2017 publication provides a breakdown of enterprises into those that are registered for VAT and/or PAYE, and those that are not (so called unregistered enterprises). Unregistered enterprises are the smallest businesses that are not large enough to be VAT registered (have an annual turnover below the VAT threshold - £83,000 as at March 2017) and are not PAYE registered (i.e. do not employ others). The Businesses in Scotland 2017 publication is available on-line at: http://www.gov.scot/Topics/Statistics/Browse/Business/Corporate

Business births are measured using new business VAT/PAYE registrations, sourced from the Office for National Statistics Business Demography publications. Table 1 shows business births in each year from 2011 to 2016.

Table 1: Business Births (VAT/PAYE registrations), Scotland, 2011-2016

Source: Business Demography 2016, Office for National Statistics

Note that VAT/PAYE registrations do not represent a complete picture of start-up activity as only businesses with an annual turnover above the VAT threshold or who have employees on a Pay As You Earn (PAYE) scheme are required to register.

The Scottish Charity Regulator (OSCR) is a Non-Ministerial Department and part of the Scottish Administration. OSCR is an independent regulator and does not form part of the Scottish Government.

In line with the framework agreement between the Scottish Government and OSCR, given that this question asks about matters that are the responsibility of OSCR and that Scottish Ministers are not accountable for OSCR’s operations,the Member is invited to refer the question to OSCR.