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The content of any legal advice is confidential. By long-standing convention, successive Scottish and Westminster Governments have not disclosed the source or content of legal advice other than in the most exceptional circumstances.

However, we have sought to provide some further details of the relevant legal background. There are multiple constraints on the ability to legislate in relation to this matter. Firstly, the Scottish Parliament cannot make laws which relate to a reserved matter. The relevant reserved matter is Section L2 of Schedule 5 of the Scotland Act 1998 which reserves the subject matter of “Equal opportunities”. A proposed new duty relating to inclusive communications relates to this reserved matter and therefore falls within one of the limited exceptions to this reservation.

Further, in terms of section 29(2)(c) and schedule 4 of the Scotland Act 1998, the Scottish Parliament cannot make laws which modify the law on reserved matters. The Equality Act 2010 is a law on reserved matters and as such a new duty related to inclusive communications cannot modify any provision of it. Lastly, the enabling power for a new duty was limited to the following (as per section 153 of the Equality Act 2010): regulations which have the purpose of enabling the better performance of listed authorities of their public sector equality duty.

This work related to a new duty related to inclusive communication in Scotland made under the Equality Act 2010. This means that the legislation could only relate to communities who have protected characteristics set out in that Act.

However, the Scottish Government’s policy understanding of inclusive communication, is as follows: “Inclusive communication is giving information in a way that is accessible to as many people as possible. It ensures people can receive information and express themselves in ways that best meet each individual’s needs.” Therefore we anticipate that many communities could benefit from activities to enhance the use and understanding of inclusive communication across the public sector.

The Scottish Government recognises the importance of accountability and seeks to ensure that it is built into everything that we do. Regarding monitoring arrangements, the responsibility for oversight of compliance with the Equality Act 2010, including compliance with the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 including Regulation 11, rests with the Equality and Human Rights Commission (EHRC), which has issued guidance on how the Regulations should be applied in practice.

As part of discussions around the development of a fiscal framework, and in direct response to specific requests to explore a general power of competence, both officials and Ministers have held numerous meetings with COSLA, SOLACE and Local Government representatives to clarify what additional powers Local Government would wish to use and to better understand the restrictions of the wide latitude of existing legislative provisions, which include a power for local authorities ‘to do anything to advance well-being’ in their local area. Regular discussions are ongoing, with the most recent meeting held on 14 October, and further meetings planned to develop robust proposals for such a power to ensure that any legislative amendments will be effective in delivering the greater freedoms local authorities wish to have while providing assurance over potential increased financial risk.

Local authorities have the freedom to create exemptions and rebates at a local level to suit the needs and demands. When local government and the tourism sector have a strong consensus that there is a need for a specific exemption from the scope of a visitor levy, the Scottish Government will explore delivery in partnership with local government.

Deployment of vessels is an operational matter for CalMac, who are looking again at options for the Winter timetabling light of current challenges with the ferry fleet.

Our updated Vessels and Ports Plan, published 1 February 2024, confirms that a “resilience vessel” will be retained in the CalMac major vessel fleet to cover planned and unplanned outages.

Our Islands Connectivity Plan draft Strategic Approach paper, published 1 February 2024, noted feedback that the space for vehicles on busy ferry routes fills up quickly at popular times, especially in summer. At other times, and on other routes, there is space available for more vehicles to be carried and there is almost always space for people on any sailing at any time.

With the introduction of larger vessels and increased services, vehicle deck capacity has already increased and planned vessel deployments and service enhancements will bring further increases during the current decade.

The draft Strategic Approach set out our proposal to publish key baseline data, including on capacity, and that work is coming to its conclusion. Transport Scotland will use this information as the starting point for refreshed community needs assessments. This will support our proposed identification of key “pinch points” on the Clyde & Hebrides and Northern Isles networks and consider options for additional vehicle capacity where this is practical, beneficial and affordable.

Allowing sufficient time to support the meaningful engagement and participation of those the Strategy will affect, including robust analysis of their views, and ensuring that it can be published alongside a range of accessible formats to meet the needs of those it aims to support has remained of central importance to the Scottish Government throughout the Strategy’s development.

This was reiterated during a recent meeting of the External Strategic Working Group who reviewed the aim of publishing the Strategy by the end of 2024 and concluded that publication in Spring 2025 presents a more favourable timeline to achieving this.

The Co-Production Group had their final meeting in June 2024. The group provided advice on the functions of the Centre and the principles that will underpin its operation.

The host of the Centre will be determined through a competitive grant process which will be assessed in two stages. The first stage of applications for interested Scottish education institutions to apply for funding to set up and host the Centre for Teaching Excellence opened on 9th September 2024 and closed on 7th October 2024. Applicants successful at that first stage will be invited to provide more information at stage two which opens in November 2024.

The intention is to appoint and announce a host of the Centre by the end of 2024.