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The Scottish Government is currently working to publish the Hydrogen Sector Export Plan (HSEP) after Summer recess. The publication of the HSEP had been previously planned to take place in June 2024. However, the timetable for publication was revisited due to the start of the pre-electoral period on the 25 May 2024 which prevented official publications during this period.

The length of residential rehabilitation treatments varies substantially. This data on individual placements is not collated centrally. The Scottish Government have commissioned PHS to establish the necessary data infrastructure to monitor residential rehab in Scotland. It will include more detailed information on treatment length. This monitoring data is not yet available.

As of 19 June 2024, there are scheduled court dates for 45 Fatal Accident Inquiries where proceedings have been initiated (relating to 26 mandatory and 19 discretionary FAIs). There are also a further 14 Inquiries in which evidence has been concluded and the issuing of the Sheriff’s Determination is awaited. In addition, COPFS has 219 death investigations where FAI proceedings have not yet commenced or where court dates have not yet been fixed. Of these, 213 relate to ongoing investigations where a mandatory FAI requires to be held and 6 to investigations where I have instructed that a discretionary FAI is to be held.

These figures do not include cases where enquiries are ongoing and where a decision on the holding of a discretionary FAI will be taken at the conclusion of the investigation.

Before commencing an FAI, COPFS requires to conduct a thorough examination of the whole circumstances surrounding a death. There are often a number of complex factors to take into account including the need to await and consider expert evidence or reports from other agencies, such as the Health and Safety Executive, The National Health Service, the Scottish Fire and Rescue Service, the Scottish Prison Service, the Office of the Rail Regulator and many others. It can often take several years for these agencies to produce their reports to COPFS.

COPFS understands the impact that the delay in holding an FAI can have on bereaved families and is committed to working in partnership with all other agencies involved in death investigation to reduce the length of time it takes to initiate and conclude FAI’s.

Transport Scotland will review Amey’s treatment of graffiti on the South West Trunk Roads Network against their contractual requirements. We are supportive of using street art to deter undesirable graffiti on trunk road structures. Work has already been commissioned for various structures within the Glasgow area with final designs having already been submitted by street artists for approval.

I committed to publishing a public consultation on this issue during the passage of the Children (Care and Justice) (Scotland) Bill and following engagement with bereaved families and hosting a roundtable involving victims organisations, media representatives and others.

The consultation is now open and was published on 9 July 2024, will run for
‎ 12 weeks until 1 October, and will provide an opportunity to contribute to future policy approaches to this sensitive, complex and emotive issue. A link to the consultation paper is provided here: https://www.gov.scot/isbn/9781836014812

The Regulation of Legal Services (Scotland) Bill, which is currently being considered by the Scottish Parliament, will introduce a number of reforms which are intended to improve access to justice, one of the three pillars outlined in the Aarhus Convention. 

The Bill will introduce a modern set of regulatory objectives which promote greater access to affordable legal services for consumers. It will also introduce direct regulation of legal businesses, remove restrictions on charities to allow them to directly employ solicitors, simplify the complaints process and introduce a register of regulated legal service providers. These reforms are designed to improve access to justice in Scotland.

As this is an operational matter for Scottish Water, and the Scottish Government does not hold this information, I have asked them to respond. Their reply is as follows:

Scottish Water has advised that investigations have been on-going into reports of sewage leaking to a nearby water channel in the area; these investigations have included camera surveys and extensive dye testing of a nearby sewer pipeline. A fault has been identified and a repair made in a buried manhole chamber. Scottish Water has advised that they are continuing to monitor this area and remain in communication with the Scottish Environment Protection Agency (SEPA).

There is no current plan to bring forward regulations, however the Scottish Government has established a short life working group to encourage a proportionate approach to assessments required for planning applications. An initial scoping meeting, held on 25 June and hosted by the Chief Planner, has set out the group’s intention to use feedback from practitioners and authorities to identify priority areas for improvement and opportunities for increased proportionality and streamlining.

The Scottish Government is engaging with Homes for Scotland and the housebuilding industry relating to the findings of their recent work on SME housebuilders, and is also currently making arrangements for a discussion with SME housebuilders to consider how their experience of the planning system can be better supported.

The Scottish Government is analysing landings and liaising with industry in order to understand the impact of the new economic link licence conditions and keep the policy under review.

It is our intention to produce an update on the impact of the changes later this year. However, analysis of provisional landings data for 2023 indicates that the policy change has succeeded in driving up the share of landings for pelagic stocks into Scotland and Shetland in particular.

The Scottish Government’s Chief Planner and I published a letter to stakeholders on 27 June 2024 regarding planning for housing. It provides further clarification on the implementation of National Planning Framework 4 (NPF4) and specifically policy 16 Quality Homes, and emphasises the need for positive and constructive collaboration across sectors to support delivery. The letter outlines actions to be jointly progressed, including a discussion with SME housebuilders on how their experiences of the planning system can be better supported. We are also engaging with Homes for Scotland and the housebuilding industry relating to the findings of their recent work on SME housebuilders.

The Scottish Government has established a short life working group to encourage a proportionate approach to assessments required for planning applications. The initial scoping meeting, held on 25 June and hosted by the Chief Planner, has set out the group’s intention to use feedback from practitioners and authorities to identify priority areas for improvement and opportunities for increased proportionality and streamlining.

Scottish Government guidance on preparing Local Development Plans clearly states that providing land across a range of scales of sites and locations will enable the ambitious approach for new homes outlined in NPF4, encouraging local authorities to do so.

Scottish Government guidance on planning obligations recognises the potential financial consequences for developers, including SMEs. It makes clear that in negotiating obligations, consideration should be given to the economic viability of proposals and alternative solutions should be considered alongside options of phasing or staging payments.