Seòmar agus comataidhean

The Scottish Government’s position is that the short-term let licensing legislation does not contradict the Provision of Services Regulations, the Human Rights Act 1998 (The First Protocol, Article 1), nor The Charter of Fundamental Rights of the European Union (Article 17). The Scottish Government’s position is that the development of the legislation for the short-term lets licensing scheme is in line with the Better Regulation Agenda. The Scottish Government expects local authorities to adhere to the Scottish Regulators’ Strategic Code of Practice when developing their short-term lets licensing procedures and policies.

Before any government legislation is laid at the Scottish Parliament, government lawyers carry out robust analysis to ensure that it is competent. or the licensing legislation, that includes ensuring that the Licensing Order is made within the parameters and powers of the Civic Government (Scotland) Act 1982.

The Scottish Government is in the process of carefully reviewing the responses to the third public consultation on our proposals, which closed on 13 August 2021, with a view to making any further necessary revisions to the licensing legislation.

The Scottish Government fully supports the police, local authorities and the court services to take appropriate and proportionate action to tackle antisocial behaviour. We expect all relevant authorities to use the powers available to them to deal with antisocial behaviour.

The Parliament welcomes and facilitates protests all year round and will continue to do so;  it is an important part of the expression of democracy in Scotland.  In taking the decision to apply for designated status, SPCB has carefully considered Police Scotland advice and security assessment, and the experiences of other Parliaments.  The UK Parliament has been designated for many years and the Welsh Senedd since 2018. SOCPA is an existing mechanism for bodies such as Parliament which have a critical role to play in terms of national security. It would only be used in exceptional cases where very disruptive and/or dangerous activities may impede the parliament’s democratic role, the safety of those working or visiting the Parliament and the rights of others to engage with the Parliament in a wide variety of ways. In giving effect to the designation, the SPCB and Police Scotland must still ensure on each occasion that they are used that the powers of enforcement under SOCPA are necessary, have a sound legal basis and are proportionate to the circumstances. This process provides assurance that the designation will have no bearing on the tens of thousands of people who protest in a robust but peaceful way at Holyrood each year.

The SPCB is elected by the Parliament to take decisions regarding its statutory functions under section 21 of the Scotland Act 1988, which are to provide the Parliament, or ensure that the Parliament is provided, with the property, staff and services required for the Parliament’s purposes.  As part of these functions, it is incumbent on the SPCB in terms of its legal duties and obligations, as both an employer and as the owner occupier, to provide a safe and secure parliamentary estate.  As the decision on applying to become a designated site was based on confidential security advice from Police Scotland, it would not have been appropriate to have held prior discussions with MSPs, MSP staff or other Scottish Parliament staff.

It is a matter for SPCB under its legal responsibilities to provide a safe and secure estate.  As the decision on applying to become a designated site was based on confidential security advice from Police Scotland, it would not have been appropriate to have held discussions with external organisations. The decision will have no bearing on campaign groups, trade unions and other organisations or individuals who protest in a robust but peaceful way at Holyrood. 

The SPCB received comprehensive security assessment and advice from Police Scotland recommending application for designated status for the parliamentary complex. 

I have asked Teresa Medhurst, Interim Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

Whilst this is primarily an operational matter for the SPS, the SPS and Scottish Government have been in communication regarding the reported tampering of mobile phones used by individuals in custody and security measures in place. A solution was identified with the provider in relation to the concern of illicit SIM cards being used in prison issued mobile phones and it is currently being implemented across the prison estate. This solution enables the SPS to blacklist handsets on various network providers rendering the handsets unusable with a non-prison issued SIM. The security measures in place will continue to be monitored by the SPS.

I have asked Teresa Medhurst, Interim Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

The following table provides the number of SPS issued mobile phone handsets that have been confiscated at HMP & YOI Grampian, each month, since implementation in July 2020:

The Scottish Government's policy in relation to locally determined Council Tax increases will be set out as part of future Scottish Budget outcomes.

Covid Support Grant Restart (CSG-R) funding for bus is available to support eligible organisations, such as bus operators and local transport authorities, which are running local registered bus services, and are able to increase service mileage up to 95% of pre COVID levels. Where a local transport authority (LTA) runs local bus services directly it is eligible for CSG-R funding for those services. To date, the only local authority in receipt of CSG-R funding is Scottish Borders Council.

The amount of funding each operator – including eligible local authorities – will receive depends on the actual gap between the costs of running the services and revenue received over the funding period and so is not known at this point. A condition of the funding is that participating operators are required to cooperate with LTAs in planning services and to take steps to respond positively and quickly to reasonable requests from LTAs to amend service patterns, hours or levels of provision.