Seòmar agus comataidhean

I refer the member to the answer to question S6W-08695 on 7 June 2022. 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 .

The Scottish Government is open to considering all interventions that can be demonstrated to improve access to and engagement with hepatitis C testing and treatment.

People who are at risk as a result of their drug use often experience a range of health and social issues. That’s why eliminating Hepatitis C from Scotland requires a person-centred approach. NHS Tayside became the first region in the world to achieve elimination by using a person centred approach, leading to better engagement and more successful treatment.

A range of work is under way in partnership with the Scottish Health Protection Network Hepatitis C group to embed this learning more widely; In the meantime, we have funded pilots, such as the Cocoon Project, which is specifically focused on those who inject drugs. The pilot will be evaluated in due course and any learning will be shared to enable a system-wide improvement across Scotland.

Crown Estate Scotland (CES) and the Scottish Government were informed of The Crown Estate’s Round 4 results at the same time. These results indicated a significant change in the offshore wind market. As the ScotWind registration and application process had already opened, CES informed Scottish Ministers that it intended to pause the process in order to conduct a rapid review. The Scottish Government provided advice on process and implications for broader offshore wind policies in Scotland. During the review, Scottish Government were kept regularly informed of the review’s progress through to completion as delivery of the review as swiftly as possible was key to keeping the ScotWind process on track.

The Hate Crime and Public Order (Scotland) Act 2021 must be implemented effectively so that, once in force, it offers robust protections to victims. The Scottish Government is working closely with justice partners to agree a suitable commencement date for the Act.

To complement the implementation of the Act, we are developing a new hate crime strategy for publication later this year, which will help to guide how we successfully tackle hatred and prejudice in Scotland.

To support this, I chaired the inaugural meeting of the Hate Crime Strategic Partnership Group on 28 April. This group will provide a collaborative, multi-agency approach to the Strategy’s development.

On 26 April the Scottish Information Commissioner issued a decision notice (048/2022) requiring the disclosure of certain information about legal advice on the topic of a second independence referendum. The information had been withheld by the Scottish Government in response to a Freedom of Information request as it considered that the Government should have been able to receive the advice in confidence under “legal professional privilege”. The Commissioner, in responding to an appeal from the requester, took a different view - that considerations favouring release in this case outweighed those for maintaining legal professional privilege.

The Scottish Government has considered the Commissioner’s decision carefully.

There is a longstanding convention, observed by Scottish, UK and other governments, that government does not disclose legal advice except in exceptional circumstances. This convention, which is reflected in the Scottish Ministerial Code, is intended to ensure that full and frank legal advice can be taken by governments, just as other organisations and individuals can take legal advice in confidence and subject to legal professional privilege.

The convention is also reflected in the Freedom of Information (Scotland) Act 2002, section 36 of which makes such information exempt from release to the extent that the public interest in disclosing the information is outweighed by the public interest in maintaining the exemption. It is on the applicability of this section of the FOI legislation that the Commissioner has come to a different view from the Scottish Government.

The Scottish Government considers that the convention on legal advice is important for ensuring good government. It disagrees strongly with the Commissioner’s reasoning in his decision and considers that there are good grounds for a successful appeal to the Court of Session to challenge the Commissioner’s ruling.

However, we have also taken account of the fact that the material covered by this Decision dates from 2020 and relates to proposed government actions that have since been taken forward and on which the legal position can therefore already be assumed. The Government has therefore concluded, on the particular circumstances of this case only, that the time and expense required for an appeal would not be merited, and that it will release and publish the information concerned.

It should be stressed, however, that the Scottish Government’s publication of the material in this case does not set any precedent for its position on releasing any other information that is subject to legal professional privilege, including in response to any other Freedom of Information request. Nor does the Information Commissioner Decision represent a binding legal precedent. The Government will therefore continue to apply the relevant exemptions, in line with the public interest test, as set out in the Freedom of Information (Scotland) Act 2002 and to follow the Scottish Ministerial Code in relation to legal advice, including in relation to material related to a referendum. The Government also reserves the right to appeal future Information Commissioner decisions to the Court of Session if it considers that appropriate in the circumstances.

Independent Licensing Boards in Scotland can grant general extensions of licensed hours if they consider it appropriate to do so in connection with a special event of local or national significance – as was the case during the Queen’s 60 th Jubilee celebrations in 2012. Whilst these are matters for Licensing Boards in their areas, the Scottish Government is supportive of Licensing Boards having these powers. It is worth emphasising the local decision making powers in this area, the Scottish Ministers do not have a power to grant a general extension of licensed hours, unlike the Home Secretary under the England and Wales licensing regime.

The Scottish Government monitors and considers the available evidence about the housing market and listens to the views of stakeholders on an ongoing basis in order to inform its approach on Land and Buildings Transaction Tax (LBTT).

Decisions on rates and bands for LBTT are taken as part of the Scottish Budget process.

The majority of food law which applies in Scotland stems from European Union legislation and after an extensive process to ensure that it remains operational after the UK’s departure from the EU, the detail of the requirements remains in place.

Food Standards Scotland (FSS) has responsibility for the policies surrounding food labelling in Scotland and are currently working closely with policy officials across GB in the day to day business in this respect.

While there is no timescale at present, in due course, the food labelling legislation will be subject to review, which is likely to be a significant task and will need to be informed by EU developments on food information. During the review process consideration will be given to which areas and policy approaches are appropriate for Scotland and in a GB context this will also include England and Wales. Policy considerations are expected to include mandatory braille labelling and/or how the use of barcoded food information and new technology could help in this area.

There are around 25,000 Civil Servants who are part of the reserved Public Sector in Scotland [1] . The UK Government has not provided details on how their planned Civil Service reduction will affect their staff working in Scotland.

The UK Government’s plans to reduce Civil Service headcount will not have a direct impact on civil servants who serve the Scottish Government, as the responsibility lies with Scottish Ministers and the Permanent Secretary when it comes to determining our workforce size. We continually engage with our trade unions on matters impacting our workforce, in line with our partnership agreement, and remain committed to making the best and most efficient use of our resources.

The UK Government spending review in November 2021 sets out the multi-year funding envelopes for devolved administrations. The Scottish Government is continuing to plan on this basis. The UK Government reviews its spending plans at each fiscal event and amends UK Government department and devolved administration budgets accordingly.

[1] Source: Public Sector Employment In Scotland Statistics For 4th Quarter 2021 - gov.scot (www.gov.scot) .

An evidence review on international approaches to challenging demand is being carried out by Scottish Government’s Justice Analytical Services, and will be published later this year as an official social research report.

This analysis will support the development of a model for Scotland which effectively tackles and challenges men’s demand for prostitution, whilst taking into account Scotland’s unique legal and societal landscape.