Seòmar agus comataidhean

I refer the member to the answer to question S6W-01865 on
‎ 18 August 2021. 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

Police Scotland publish data on their website in relation to the numbers of people who have been issued with Fixed Penalty Notices or arrested in relation to breaches of Covid-19 regulations. However the data does not identify the settings in which the breaches occurred. Specifically in relation to the railway network, cumulative intervention figures across all divisions in Scotland up until
21 July 2021 show there have been 6,229 interventions, 854 directions to leave and 34 Fixed Penalty Notices issued by British Transport Police in relation to non-compliance with Covid-19 regulations.

The responsibility for the enforcement of Covid-19 regulations on public transport rests with Police Scotland and, in the case of the railway network, British Transport Police. Police officers have enforcement powers to issue a fixed penalty notice to anyone 18 or over if there is reason to believe an offence has been committed under the regulations. These powers are used as a last resort where people are defying very clear and sensible advice, which is designed to protect them from harm.

In addition to regulations, Transport Scotland has published guidance for transport operators to enable them to keep their staff and passengers safe during the pandemic. This guidance reinforces the importance of signage, announcements and messaging to remind passengers of Covid-19 requirements whilst using public transport.

The Scottish Government recognises the need to deter and prevent abuse of our immigration and asylum systems, but we are clear that people who come here to live, work or study, to seek sanctuary or who have been subject to human trafficking and exploitation should be treated with dignity and respect at all times. Extremely vulnerable people, such as trafficking victims, should find a system which enables access to support rather than one which erects barriers.

We have set out our concerns about the Nationality and Borders Bill to the UK Government with regards to victims of human trafficking and exploitation. Identifying trafficking victims and enabling access to support and assistance must be a priority. Vulnerable and traumatised individuals should not be penalised for failing to disclose their experiences within mandated timeframes or face impediments to accessing support.

The Scottish Government has awarded grants totalling £2,235,789 from the Coronavirus Resilience and Recovery Fund for Legal Aid (CRRF). Applications from 84 firms and law centres have been approved and 1 grant is pending subject to a recalculation of award, which is now in the process of being concluded.

The total number of applicants who did not meet the criteria for funding is 195 and is broken down into the following categories:

1. The applicant’s legal aid income did not meet the criteria – 22 applications.

2. No shortfall in applicant’s income was calculated compared with casework prior to pandemic, against the criteria for funding – 124 applications.

3. Applicants demonstrated no shortfall in expected fee income, against the criteria for funding, and have been or will be paid other forms of government support in excess of this sum - 49 applications.

Scottish Ministers made a commitment to keep the CRRF under review and have worked in collaboration with the Law Society for Scotland, the Bar Associations and the Scottish Solicitors’ Bar Association on the co-design and eligibility criteria of a new fund.

An announcement by the Scottish Government was made on 4 August 2021 to launch a new £6.7 million Legal Aid Business Support and Recovery Fund, in support of the Government’s Renew, Recover and Transform Programme which aims to deliver a wide range of measures in recognition of the important role in the Justice system of vital legal aid services in Scotland as we emerge and recover from the pandemic.

In line with the updated guidance on reducing risk in schools and the move to Level 0, children and young people can now engage in all music activities in schools, indoors and outdoors. Safety mitigations, for example good ventilation and enhanced hygiene, should continue to apply in relevant settings where these activities are taking place.

The guidance can be found at the link below:

Coronavirus (COVID-19): guidance on reducing the risks in schools - gov.scot (www.gov.scot)

I can confirm that the central planning assumption is that an examination diet for National 5, Higher and Advanced Higher courses will be held in session 2021-2022.

My decision has been informed by the views of stakeholders, including the National Qualifications Group, and by public health advice.

Assessment modifications across National courses for the next academic session have already been confirmed by the SQA. These modifications reduce the expected course content compared to a normal year, in recognition of the disruption learners have experienced. Fairness for learners sitting exams in 2022 is a central concern for me. We will set out details on further support available for learners in September.

I can also confirm that careful contingency planning has taken place to ensure there is sufficient flexibility to respond to two key scenarios that might be faced as a result of the pandemic. First, in circumstances were there was further significant disruption to learning and teaching, a further round of modifications would be introduced in order to ease assessment. Second, should public health conditions do not allow for the holding of an examination diet in Spring 2022, awarding would be made on teachers’ judgements based on normal in–year assessment.

These contingencies offer stability for teachers and learners in the coming academic session and will allow their focus to be on normal practices in teaching, learning and assessment. More detailed guidance will be issued by the SQA at the earliest opportunity.

In keeping with past practice the Scottish Government has no plans to publish the names of the poets on the confidential shortlist for this role.

This protects those poets who, once nominated by the expert panel, were asked and agreed, to take part in this process.

The Scottish Government’s view is that the New Plan for Immigration and the Nationality and Borders Bill will not achieve the change that is needed or result in systems that are effective, efficient and deliver for people who are often vulnerable and highly traumatised.

The First Minister wrote to the Home Secretary on 26 July setting out our concerns and we have had frequent and ongoing communication with the UK Government on the Nationality and Borders Bill following its publication.

Support and assistance to victims of human trafficking is within the legislative competence of the Scottish Parliament. Section 9 of the Human Trafficking and Exploitation (Scotland) Act 2015 requires the Scottish Ministers to secure support and assistance to adult victims of human trafficking in certain circumstances. Support for victims of human trafficking or slavery, servitude and forced or compulsory labour was placed on a statutory footing on 1 April 2018 through the Human Trafficking and Exploitation (Scotland) Act 2015 (Support for Victims) Regulations 2018 and defines the relevant period for such support to be the earlier of 90 days or the date on which there is a conclusive determination that the adult is or is not a victim of an offence of human trafficking or slavery, servitude and forced or compulsory labour.

The detailed information requested is currently being collated. I will write to the member as soon as the information is available and a copy will be placed in the Parliament’s Reference Centre (Bib number 62596).