Order!

Our first item of business today is vote on the budget, comprising bill SB255, motion SM197, Scottish Statutory Instrument No. 2024/1, all in the name of the Member for Shetland and the 22nd Scottish Government.

Spring 2024 Budget

Legislation and Documents

Unlike in Westminster, where a single Finance Bill makes all the necessary changes to the law as required, the Scottish Parliament uses multiple items of legislation to enact its budget, which are as follows:

• SB255 | Budget (Scotland) Bill 2024

The Budget (Scotland) Bill 2024 gives the Scottish Government (and other bodies) the authority to spend money from the Scottish Consolidated Fund. The Bill also makes emergency provision to be used in the event that, in the next financial year, there is no Budget Bill.

• SM197 | Scottish Rate Resolution

The Scottish Rate Resolution, if agreed, determines the rates and bands of income tax which are to apply in Scotland for the next financial year.

• SSI 2024/1 | Taxes (Scotland) Order

The Taxes (Scotland) Order adjusts various taxes.

The Cabinet Secretary has also provided the following documents to aid reading of the budget:

• The Spring Budget Tables

• The Spring Budget Report

This budget is presented by /u/model-kurimizumi MSP, on behalf of the Scottish Government.

Opening Speech

Presiding Officer,

My apologies for the very short opening speech, I have been sick recently and have not had time to prepare. I will answer questions during the session. But I am proud to present a significant budget that does a lot for Scotland. From ensuring no spending cuts, to reducing the tax burden on ordinary people, this budget achieves great things.

Voting on this budget will end with the close of business at 10pm BST on the 24th of May 2024

Order, Order!

Our second item of business today is a vote on a bill in the name of the Scottish Green Party. The question is that the Parliament agrees to the general principles of the Hunting with Dogs (Scotland) Bill, as amended with one SPAG.

Hunting with Dogs (Scotland) Bill

An Act of the Scottish Parliament to make provision about the prohibition of hunting wild mammals using dogs; to make provision about the prohibition of trail hunting; and for connected purposes.

PART 1

HUNTING A WILD MAMMAL USING A DOG

Offences

1 Offence of hunting a wild mammal using a dog

(1) A person commits an offence if—

(a) they hunt a wild mammal using a dog, and

(b) none of the exceptions in sections 3, 5, 6, 7, 8, or 9 apply.

(2) A person who commits an offence under subsection (1) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding £40,000, or level 5 on the standard scale, whichever would be higher for the person, or

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

(3) In this Act—

“hunting” includes, in particular, searching for and coursing (and related expressions are to be construed accordingly),

“wild mammal” means any mammal (other than a human)—

(a) which—

(i) is living in a wild state,

(ii) is of a species recognised as living in a wild state in the British Islands (as defined in schedule 1 of the Interpretation Act 1978), or

(iii) has been deliberately released from temporary or permanent human control, and

(b) which is not—

(i) a rat,

(ii) a mouse, or

(iii) living under temporary or permanent human control.

(4) In this Part, a person is “using a dog” when the hunting of a wild mammal by the person involves the use of a dog, even if the dog is not under that person’s control or direction (and related expressions are to be construed accordingly).

2 Offences of knowingly causing or permitting another person to hunt using a dog

(1) A person commits an offence if—

(a) they—

(i) are an owner or occupier of land, and

(ii) knowingly cause or permit another person to hunt a wild mammal using a dog on that land, and

(b) none of the exceptions in sections 3, 5, 6, 7, 8, or 9 apply to the hunting.

(2) A person commits an offence if—

(a) they—

(i) own or are responsible for a dog, and

(ii) knowingly cause or permit another person to hunt a wild mammal using that dog, and

(b) none of the exceptions in sections 3, 5, 6, 7, 8, or 9 apply to the hunting.

(3) A person who commits an offence under subsection (1) or (2) is liable on summary conviction, to—

(a) imprisonment for a term not exceeding 12 months,

(b) a fine not exceeding £40,000, or level 5 on the standard scale, whichever would be higher for the person, or

(c) both of the penalties under paragraphs (a) and (b).

(4) In this Part, an “owner” of land includes a person who—

(a) manages or controls that land, or

(b) is authorised to give permission for that land to be used for hunting.

(5) In this Act, a person “is responsible for” a dog where the person—

(a) is responsible for the dog on a temporary or permanent basis,

(b) is in charge of the dog, or

(c) has actual care and control of a person under the age of 16 years who is responsible for the dog under paragraph (a) or (b).

Exceptions to the offences

3 Exception: management of wild mammals above ground

(1) This section applies if—

(a) a person is using a dog above ground to—

(i) search for, stalk or flush from cover a wild mammal, with the intention of killing it for one or more of the purposes set out in subsection (2),

(ii) search for and retrieve a wild mammal which has been killed as a result of the activity mentioned in sub-paragraph (i), and

(b) the conditions set out in subsection (3) are met.

(2) The purposes referred to in subsection (1)(a)(i) are—

(a) preventing serious damage to livestock, woodland or crops,

(b) preventing the spread of disease,

(c) protecting human health.

(3) The conditions referred to in subsection (1)(b) are that—

(a) either—

(i) the activity mentioned in subsection (1)(a) does not involve the use of more than two dogs, or

(ii) the activity is carried out in accordance with a licence granted under section 4,

(b) any dog used in the activity is under control,

(c) unless paragraph (a)(ii) applies, reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs,

(d) permission for the activity has been given by the owner of the land on which the activity takes place,

(e) the wild mammal which is being searched for, stalked or flushed is shot dead, or killed by a bird of prey, as soon as reasonably possible,

(f) if an attempt to kill the wild mammal, as mentioned in paragraph (e), results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering.

4 Licence for use of more than two dogs in connection with section 3

(1) A person may apply for a licence permitting the use of more than two dogs for the activity mentioned in section 3(1)(a).

(2) An application for a licence under subsection (1) must be made to the relevant authority.

(3) A licence under subsection (1)—

(a) may be granted to a particular person or to a category of persons,

(b) must relate to a particular species of wild mammal,

(c) must not be granted unless the relevant authority is satisfied that there is no other solution which would be effective in achieving the purpose set out in section 3(2) in relation to which the application for a licence is being made,

(d) may only permit the use of the minimum number of dogs which the relevant authority is satisfied would be effective in achieving the purpose set out in section 3(2) in relation to which the application for a licence is being made,

(e) must require the deployment of the minimum number of guns which the relevant authority is satisfied would be effective for compliance with the conditions set out in section 3(3)(e) and (f) in relation to the activity for which the application for a licence is being made,

(f) may be subject to compliance with such conditions as the relevant authority considers appropriate, which may include, in particular, reporting requirements in relation to activities carried out under the licence,

(g) may be granted for a maximum period of 14 days, which must fall within a period of 6 consecutive months,

(h) may be modified or revoked by the relevant authority at any time.

(5) A licence under this section must specify—

(a) the person or category of persons to whom it is granted,

(b) the species of wild mammal to which it relates,

(c) the area within which the searching for, stalking or flushing of that species of wild mammal may take place under the licence,

(d) the maximum number of dogs which are permitted to be used,

(e) the minimum number of guns (if any) which are required to be deployed,

(f) any conditions to which the licence is subject.

5 Exception: management of foxes below ground

(1) This section applies if—

(a) a person is using a dog to—

(i) search for a fox below ground, or

(ii) flush a fox from below ground,

with the intention of killing it for one or more of the purposes set out in subsection (2), and

(b) the conditions set out in subsection (3) are met.

(2) The purposes referred to in subsection (1)(a) are—

(a) preventing serious damage to livestock, woodland or crops,

(b) preventing the spread of disease,

(c) protecting human health,

(d) relieving the suffering of an injured or dependent fox.

(3) The conditions referred to in subsection (1)(b) are that—

(a) the activity mentioned in subsection (1)(a) does not involve the use of more than one dog,

(b) the dog used in the activity is—

(i) under control,

(ii) fitted with a device to allow tracking of the position of the dog below ground,

(c) reasonable steps are taken—

(i) to prevent the dog becoming trapped below ground, and

(ii) if the dog becomes trapped below ground, to ensure that it is rescued as soon as reasonably possible,

(d) permission for the activity has been given by the owner of the land on which the activity takes place,

(e) no steps are taken to prevent the fox from being flushed or emerging from below ground,

(f) if the fox which is being searched for or flushed is found or emerges from below ground, it is shot dead, or killed by a bird of prey, as soon as reasonably possible,

(g) if an attempt to kill the fox, as mentioned in paragraph (f), results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering.

(4) In this section, “dependent” means that the mother of a fox is dead and it is too young to survive on its own.

6 Exception: falconry, game shooting and deer stalking

(1) This section applies if—

(a) a person is using a dog above ground to—

(i) search for, stalk or flush from cover a wild mammal, with the intention of providing quarry for falconry, game shooting or deer stalking,

(ii) search for and retrieve a wild mammal which has been killed as a result of the activity mentioned in sub-paragraph (i), and

(b) the conditions set out in subsection (2) are met.

(2) The conditions referred to in subsection (1)(b) are that—

(a) the activity mentioned in subsection (1)(a) does not involve the use of more than two dogs,

(b) any dog used in the activity is under control,

(c) reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs,

(d) permission for the activity has been given by the owner of the land on which the activity takes place,

(e) the wild mammal which is being searched for, stalked or flushed is shot dead, or killed by a bird of prey, as soon as reasonably possible,

(f) if an attempt to kill the wild mammal, as mentioned in paragraph (e), results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering.

(3) In this section—

“deer stalking” means the stealthy approach of a deer in order to shoot it for sport,

“falconry” means the use of a bird of prey to hunt for sport,

“game shooting” means shooting wild mammals for sport,

“quarry” means the wild mammal intended to be killed by a bird of prey or shot.

7 Exception: relieving the suffering of injured wild mammals

(1) This section applies if—

(a) a person is using a dog above ground to search for, stalk or flush from cover a wild mammal which the person has reasonable grounds for believing is injured, with the intention of treating, capturing or killing it for the purpose of relieving its suffering,

(b) the wild mammal was not deliberately injured for the purpose of allowing the activity mentioned in paragraph (a) to take place, and

(c) the conditions set out in subsection (2) are met.

(2) The conditions referred to in subsection (1)(c) are that—

(a) the activity mentioned in subsection (1)(a) does not involve the use of more than two dogs,

(b) any dog used in the activity is under control,

(c) reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs,

(d) either—

(i) permission for the activity has been given by the owner of the land on which the activity takes place,

(ii) the person carrying out the activity is a constable exercising a power of entry,

(iii) the person carrying out the activity is exercising a power of entry under section 14M or 14N of the Wildlife and Countryside Act 1981, or

(iv) the person carrying out the activity is exercising a power of entry under section 15 of the Deer (Scotland) Act 1996,

(e) the wild mammal which is being searched for, stalked or flushed is, as soon as reasonably possible, either—

(i) given treatment to reduce or alleviate its pain or discomfort before being allowed to escape without being pursued or killed,

(ii) captured for the purpose of being given treatment to reduce or alleviate its pain or discomfort (whether at that place or at another place),

(iii) shot dead, or

(iv) observed and allowed to escape without being pursued or killed,

(f) if an attempt to kill the wild mammal, as mentioned in paragraph (e)(iii), results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering.

8 Exception: searching for dead wild mammals

(1) This section applies if—

(a) a person is using a dog above ground to search for and retrieve a dead wild mammal, and

(b) the conditions set out in subsection (2) are met.

(2) The conditions referred to in subsection (1)(b) are that—

(a) the activity mentioned in subsection (1)(a) does not involve the use of more than two dogs,

(b) any dog used in the activity is under control,

(c) reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs,

(d) either—

(i) permission for the activity has been given by the owner of the land on which the activity takes place,

(ii) the person carrying out the activity is a constable exercising a power of entry,

(iii) the person carrying out the activity is exercising a power of entry under section 14M or 14N of the Wildlife and Countryside Act 1981, or

(iv) the person carrying out the activity is exercising a power of entry under section 15 of the Deer (Scotland) Act 1996,

(e) reasonable steps are taken to ensure that no wild mammal is pursued, injured or killed.

9 Exception: environmental benefit

(1) This section applies if—

(a) the person is using a dog above ground to—

(i) search for, stalk or flush from cover a wild mammal, with the intention of killing, capturing or observing it as part of a scheme or plan for one or more of the purposes set out in subsection (2),

(ii) search for and retrieve a wild mammal which has been killed as a result of the activity referred to in sub-paragraph (i), and

(b) the conditions set out in subsection (3) are met.

(2) The purposes referred to in subsection (1)(a)(i) are—

(a) preserving, protecting or restoring a particular species (which may include controlling the number of a species for its welfare) for environmental benefit,

(b) preserving, protecting or restoring the diversity of animal or plant life,

(c) eradicating an invasive non-native species of wild mammal from an area.

(3) The conditions referred to in subsection (1)(b) are that—

(a) either—

(i) the activity mentioned in subsection (1)(a) does not involve the use of more than two dogs, or

(ii) the activity is carried out in accordance with a licence granted under section 10,

(b) any dog used in the activity is under control,

(c) unless paragraph (a)(ii) applies, reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs,

(d) either—

(i) permission for the activity has been given by the owner of the land on which the activity takes place,

(ii) the person carrying out the activity is exercising a power of entry under section 14M or 14N of the Wildlife and Countryside Act 1981, or

(iii) the person carrying out the activity is exercising a power of entry under section 15 of the Deer (Scotland) Act 1996,

(e) the wild mammal which is being searched for, stalked or flushed is either—

(i) captured (whether or not with the intention of subsequently releasing or relocating it) as soon as reasonably possible,

(ii) shot dead, or killed by a bird of prey, as soon as reasonably possible, or

(iii) observed and allowed to escape without being pursued, injured or killed,

(f) if an attempt to kill the wild mammal, as mentioned in paragraph (e)(ii), results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering.

(4) In this section—

“invasive non-native species” means a species—

(a) which is included on the Scottish list of species of special concern, or

(b) which is—

(i) not native to the area in which the activity mentioned in subsection (1)(a) takes place, and

(ii) having or likely to have a significant adverse impact on biodiversity, the environment, social or economic interests or human or animal health,

“Scottish list of species of special concern” means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council, as amended from time to time.

10 Licence for use of more than two dogs in connection with section 9

(1) A person may apply for a licence permitting the use of more than two dogs for the activity mentioned in section 9(1)(a).

(2) An application for a licence under subsection (1) must be made to the relevant authority.

(3) A licence under subsection (1)—

(a) may be granted to a particular person or to a category of persons,

(b) must relate to a particular species of wild mammal,

(c) must not be granted unless the relevant authority is satisfied—

(i) that killing, capturing or observing the wild mammal will contribute towards a significant or long-term environmental benefit, and

(ii) that there is no other solution which would be effective in achieving the purpose set out in section 9(2) in relation to which the application for a licence is being made,

(d) may only permit the use of the minimum number of dogs which the relevant authority is satisfied would be effective in achieving the purpose set out in section 9(2) in relation to which the application for a licence is being made,

(e) must require the deployment of the minimum number of guns which the relevant authority is satisfied would be effective for compliance with the conditions set out in section 9(3)(e) and (f) in relation to the activity for which the application for a licence is being made,

(f) may be subject to compliance with such conditions as the relevant authority considers appropriate, which may include, in particular, reporting requirements in relation to activities carried out under the licence,

(g) may be granted for a maximum period of two years, which must fall within a period of two consecutive years,

(h) may be modified or revoked by the relevant authority at any time.

(5) A licence under this section must specify—

(a) the person or category of persons to whom it is granted,

(b) the species of wild mammal to which it relates,

(c) the area within which the searching for, stalking or flushing of that species of wild mammal may take place under the licence,

(d) the maximum number of dogs which are permitted to be used,

(e) the minimum number of guns (if any) which are required to be deployed,

(f) any conditions to which the licence is subject.

11 Regulations: licences

(1) The Scottish Ministers may, by regulations—

(a) make provision for—

(i) the form of applications for licences under subsection (1) of sections 4 and 10,

(ii) a reasonable fee to be paid to the relevant authority for the application of licences under sections 4 and 10,

(b) appoint the relevant authority under sections 4 and 10 or

(c) make such other provision as they see fit in relation to licences under this section and section 10

(2) Regulations—

(a) when made under paragraphs (1)(a) and (1)(b), are subject to the negative procedure,

(b) when made under paragraph (1)(c), are subject to the affirmative procedure.

(3) Regulations under paragraphs (1)(a) and (1)(b) may not amend the text of any Act.

(4) Until and unless the Scottish Ministers appoint a relevant authority under paragraph (1)(b), the Scottish Ministers shall be the relevant authority.

(5) For greater clarity, nothing in this section prevents the Scottish Ministers appointing themselves as the relevant authority.

PART 2

TRAIL HUNTING

Offences

12 Offences relating to trail hunting

(1) A person commits an offence if—

(a) the person engages or participates in trail hunting, and

(b) the exception in section 13 does not apply.

(2) In this Part—

“trail hunting” is the activity in which a dog is directed to find and follow an animal-based scent which has been laid for that purpose,

“animal-based scent” means—

(a) a scent which is derived from a wild mammal, or

(b) a scent which mimics, replicates or resembles the scent of a wild mammal (or which is designed to do so), whether or not that scent is derived wholly or in part from artificial ingredients.

(3) A person commits an offence if—

(a) the person—

(i) is an owner or occupier of land, and

(ii) knowingly causes or permits another person to engage or participate in trail hunting on that land, and

(b) the exception in section 13 does not apply to the trail hunting.

(4) A person commits an offence if—

(a) the person—

(i) owns or is responsible for a dog, and

(ii) knowingly causes or permits another person to use the dog for trail hunting, and

(b) the exception in section 13 does not apply to the trail hunting.

(5) A person who commits an offence under subsection (1), (3) or (4) is liable on summary conviction to—

(a) imprisonment for a term not exceeding 12 months,

(b) a fine not exceeding £40,000, or level 5 on the standard scale, whichever would be higher for the person, or

(c) both of the penalties under paragraphs (a) and (b).

(6) It is a defence for a person charged with an offence under subsection (3) or (4) to show that the person reasonably believed that the exception in section 13 applied to the trail hunting.

(7) In this Part, an “owner” of land includes, in particular, a person who—

(a) manages or controls that land, or

(b) is authorised to give permission for that land to be used for trail hunting.

Exception to the offences

13 Exception: training dogs to follow an animal-based scent

(1) This section applies if—

(a) a person—

(i) directs a dog to find and follow an animal-based scent which has been laid for that purpose, or

(ii) lays an animal-based scent for a dog to find and follow,

in order to train a dog for a lawful purpose, and

(b) all of the conditions set out in subsection (2) are met.

(2) The conditions are that—

(a) the activity mentioned in subsection (1)(a) does not involve more than two dogs,

(b) any dog involved in the activity is under control,

(c) reasonable steps are taken to ensure that any dog involved in the activity does not join with others to form a pack of more than two dogs,

(d) permission for the activity has been given by the owner of the land on which the activity takes place,

(e) reasonable steps are taken to ensure that no wild mammal is pursued, injured or killed.

PART 3

GENERAL PROVISIONS

14 Ancillary provision

(1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act.

(2) The Scottish Ministers may by regulations make such provision as they see fit regarding the enforcement of this Act.

(3) Regulations under this section may—

(a) make different provision for different purposes,

(b) modify any enactment (including this Act).

(4) Regulations under this section—

(a) are subject to the affirmative procedure if they—

(i) add to, replace or omit any part of the text of this or any other Act; or

(ii) are made under subsection (2);

(b) otherwise, are subject to the negative procedure.

(5) Before making regulations under subsection (2), the Scottish Ministers must consult such people as they see fit.

15 Interpretation

In this Act—

“animal” means a vertebrate (other than a human) or an invertebrate,

“constable” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012,

“cover” means a place above ground in which a wild mammal may be concealed from sight, but does not include an enclosed place from which a wild mammal could not be flushed,

“hunting” is to be construed in accordance with section 1(3),

“livestock” means cattle, sheep, goats, swine, horses, camelids, ratites, farmed deer, enclosed game birds or poultry, and for the purposes of this definition—

(a) “cattle” means bulls, cows, oxen, buffalo, heifers or calves,

(b) “horses” includes donkeys and mules,

(c) “farmed deer” means deer of any species which are on agricultural land enclosed by a deer-proof barrier and kept by way of business for the primary purpose of meat production,

(d) “enclosed game birds” means any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan that are being kept enclosed prior to their release for sporting purposes,

(e) “poultry” means domestic fowls, turkeys, geese or ducks,

“relevant authority” is to be construed in accordance with sections 4, 10, and 11,

“responsible for”, in relation to a dog, is to be construed in accordance with section 2(6),

“under control”, in relation to a dog, means that a person who is responsible for the dog is able to direct the dog’s activity by physical contact or verbal or audible command,

“wild mammal” has the meaning given by section 1(3),

“woodland” means land on which trees are grown, whether or not commercially, and includes any such trees and any vegetation planted or growing naturally among such trees on that land.

15 Repeal of the Protection of Wild Mammals (Scotland) Act 2002

The Protection of Wild Mammals (Scotland) Act 2002 is repealed.

16 Crown application: criminal offences

(1) Nothing in this Act makes the Crown criminally liable.

(2) The Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable if it were not for subsection (1).

(3) Subsection (1) does not affect the criminal liability of persons in the service of the Crown.

17 Commencement

This Act comes into force 6 months after Royal Assent.

18 Short title

ThIs Act may be cited as the Hunting with Dogs (Scotland) Act 2024.

Enactments cited:

• Interpretation Act 1978 (c. 30)

• Wildlife and Countryside Act 1981 (c.69)

• Deer (Scotland) Act 1996 (c. 58)

• Police and Fire Reform (Scotland) Act 2012 (asp 8)

• Protection of Wild Mammals (Scotland) Act 2002 (asp 6)

• Commission Implementing Regulation adopting a list of invasive alien species of Union concern (EU 2016/1141)

• Regulation of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species (EU No 1143/2014)

This Act was written by the Most Honourable /u/model-avtron, Marchioness Hebrides LT OM CT PC MP MSP MS, Leader of the Opposition and the Scottish Green Party, on behalf of the Scottish Green Party.

This Act draws heavily from the IRL Hunting with Dogs (Scotland) Act 2023.

Opening Speech

Oifigear-riaghlaidh,

Hunting with dogs is a unique killer. The numbers aren't precise, but about one fifth of foxes disturbed by hunts are killed by dogs, despite the fact that a large majority of hunts go on without dogs.

This bill bans this killer. It bans hunting with dogs. This will save the lives of mammals like foxes.

Now, there are some legitimate uses for hunting with dogs, I don't dispute that. For example, to relieve the suffering of dying mammals. This bill ensures that farmers and rural communities can continue to hunt for legitimate reasons.

This bill will reduce suffering for mammals and will make it easier to convict people for unlawfully using dogs in hunting. I commend this bill to the Pàrlamaid.

Oifigear-riaghlaidh, I move,

That the Pàrlamaid agrees to the general principles of the Hunting with Dogs (Scotland) Bill.

Voting on this bill will end with the close of business at 10pm GMT on the 12th of May 2024.

Order!

Our only item of business today is a Stage 1 Debate in the name of the Scottish Green Party. The question is that the Parliament agrees to the general principles of the Hunting with Dogs (Scotland) Bill.

Hunting with Dogs (Scotland) Bill

An Act of the Scottish Parliament to make provision about the prohibition of hunting wild mammals using dogs; to make provision about the prohibition of trail hunting; and for connected purposes.

PART 1

HUNTING A WILD MAMMAL USING A DOG

Offences

1 Offence of hunting a wild mammal using a dog

(1) A person commits an offence if—

(a) they hunt a wild mammal using a dog, and

(b) none of the exceptions in sections 3, 5, 6, 7, 8, or 9 apply.

(2) A person who commits an offence under subsection (1) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding £40,000, or level 5 on the standard scale, whichever would be higher for the person, or

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

(3) In this Act—

“hunting” includes, in particular, searching for and coursing (and related expressions are to be construed accordingly),

“wild mammal” means any mammal (other than a human)—

(a) which—

(i) is living in a wild state,

(ii) is of a species recognised as living in a wild state in the British Islands (as defined in schedule 1 of the Interpretation Act 1978), or

(iii) has been deliberately released from temporary or permanent human control, and

(b) which is not—

(i) a rat,

(ii) a mouse, or

(iii) living under temporary or permanent human control.

(4) In this Part, a person is “using a dog” when the hunting of a wild mammal by the person involves the use of a dog, even if the dog is not under that person’s control or direction (and related expressions are to be construed accordingly).

2 Offences of knowingly causing or permitting another person to hunt using a dog

(1) A person commits an offence if—

(a) they—

(i) are an owner or occupier of land, and

(ii) knowingly cause or permit another person to hunt a wild mammal using a dog on that land, and

(b) none of the exceptions in sections 3, 5, 6, 7, 8, or 9 apply to the hunting.

(2) A person commits an offence if—

(a) they—

(i) own or are responsible for a dog, and

(ii) knowingly cause or permit another person to hunt a wild mammal using that dog, and

(b) none of the exceptions in sections 3, 5, 6, 7, 8, or 9 apply to the hunting.

(3) A person who commits an offence under subsection (1) or (2) is liable on summary conviction, to—

(a) imprisonment for a term not exceeding 12 months,

(b) a fine not exceeding £40,000, or level 5 on the standard scale, whichever would be higher for the person, or

(c) both of the penalties under paragraphs (a) and (b).

(4) In this Part, an “owner” of land includes a person who—

(a) manages or controls that land, or

(b) is authorised to give permission for that land to be used for hunting.

(5) In this Act, a person “is responsible for” a dog where the person—

(a) is responsible for the dog on a temporary or permanent basis,

(b) is in charge of the dog, or

(c) has actual care and control of a person under the age of 16 years who is responsible for the dog under paragraph (a) or (b).

Exceptions to the offences

3 Exception: management of wild mammals above ground

(1) This section applies if—

(a) a person is using a dog above ground to—

(i) search for, stalk or flush from cover a wild mammal, with the intention of killing it for one or more of the purposes set out in subsection (2),

(ii) search for and retrieve a wild mammal which has been killed as a result of the activity mentioned in sub-paragraph (i), and

(b) the conditions set out in subsection (3) are met.

(2) The purposes referred to in subsection (1)(a)(i) are—

(a) preventing serious damage to livestock, woodland or crops,

(b) preventing the spread of disease,

(c) protecting human health.

(3) The conditions referred to in subsection (1)(b) are that—

(a) either—

(i) the activity mentioned in subsection (1)(a) does not involve the use of more than two dogs, or

(ii) the activity is carried out in accordance with a licence granted under section 4,

(b) any dog used in the activity is under control,

(c) unless paragraph (a)(ii) applies, reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs,

(d) permission for the activity has been given by the owner of the land on which the activity takes place,

(e) the wild mammal which is being searched for, stalked or flushed is shot dead, or killed by a bird of prey, as soon as reasonably possible,

(f) if an attempt to kill the wild mammal, as mentioned in paragraph (e), results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering.

4 Licence for use of more than two dogs in connection with section 3

(1) A person may apply for a licence permitting the use of more than two dogs for the activity mentioned in section 3(1)(a).

(2) An application for a licence under subsection (1) must be made to the relevant authority.

(3) A licence under subsection (1)—

(a) may be granted to a particular person or to a category of persons,

(b) must relate to a particular species of wild mammal,

(c) must not be granted unless the relevant authority is satisfied that there is no other solution which would be effective in achieving the purpose set out in section 3(2) in relation to which the application for a licence is being made,

(d) may only permit the use of the minimum number of dogs which the relevant authority is satisfied would be effective in achieving the purpose set out in section 3(2) in relation to which the application for a licence is being made,

(e) must require the deployment of the minimum number of guns which the relevant authority is satisfied would be effective for compliance with the conditions set out in section 3(3)(e) and (f) in relation to the activity for which the application for a licence is being made,

(f) may be subject to compliance with such conditions as the relevant authority considers appropriate, which may include, in particular, reporting requirements in relation to activities carried out under the licence,

(g) may be granted for a maximum period of 14 days, which must fall within a period of 6 consecutive months,

(h) may be modified or revoked by the relevant authority at any time.

(5) A licence under this section must specify—

(a) the person or category of persons to whom it is granted,

(b) the species of wild mammal to which it relates,

(c) the area within which the searching for, stalking or flushing of that species of wild mammal may take place under the licence,

(d) the maximum number of dogs which are permitted to be used,

(e) the minimum number of guns (if any) which are required to be deployed,

(f) any conditions to which the licence is subject.

5 Exception: management of foxes below ground

(1) This section applies if—

(a) a person is using a dog to—

(i) search for a fox below ground, or

(ii) flush a fox from below ground,

with the intention of killing it for one or more of the purposes set out in subsection (2), and

(b) the conditions set out in subsection (3) are met.

(2) The purposes referred to in subsection (1)(a) are—

(a) preventing serious damage to livestock, woodland or crops,

(b) preventing the spread of disease,

(c) protecting human health,

(d) relieving the suffering of an injured or dependent fox.

(3) The conditions referred to in subsection (1)(b) are that—

(a) the activity mentioned in subsection (1)(a) does not involve the use of more than one dog,

(b) the dog used in the activity is—

(i) under control,

(ii) fitted with a device to allow tracking of the position of the dog below ground,

(c) reasonable steps are taken—

(i) to prevent the dog becoming trapped below ground, and

(ii) if the dog becomes trapped below ground, to ensure that it is rescued as soon as reasonably possible,

(d) permission for the activity has been given by the owner of the land on which the activity takes place,

(e) no steps are taken to prevent the fox from being flushed or emerging from below ground,

(f) if the fox which is being searched for or flushed is found or emerges from below ground, it is shot dead, or killed by a bird of prey, as soon as reasonably possible,

(g) if an attempt to kill the fox, as mentioned in paragraph (f), results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering.

(4) In this section, “dependent” means that the mother of a fox is dead and it is too young to survive on its own.

6 Exception: falconry, game shooting and deer stalking

(1) This section applies if—

(a) a person is using a dog above ground to—

(i) search for, stalk or flush from cover a wild mammal, with the intention of providing quarry for falconry, game shooting or deer stalking,

(ii) search for and retrieve a wild mammal which has been killed as a result of the activity mentioned in sub-paragraph (i), and

(b) the conditions set out in subsection (2) are met.

(2) The conditions referred to in subsection (1)(b) are that—

(a) the activity mentioned in subsection (1)(a) does not involve the use of more than two dogs,

(b) any dog used in the activity is under control,

(c) reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs,

(d) permission for the activity has been given by the owner of the land on which the activity takes place,

(e) the wild mammal which is being searched for, stalked or flushed is shot dead, or killed by a bird of prey, as soon as reasonably possible,

(f) if an attempt to kill the wild mammal, as mentioned in paragraph (e), results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering.

(3) In this section—

“deer stalking” means the stealthy approach of a deer in order to shoot it for sport,

“falconry” means the use of a bird of prey to hunt for sport,

“game shooting” means shooting wild mammals for sport,

“quarry” means the wild mammal intended to be killed by a bird of prey or shot.

7 Exception: relieving the suffering of injured wild mammals

(1) This section applies if—

(a) a person is using a dog above ground to search for, stalk or flush from cover a wild mammal which the person has reasonable grounds for believing is injured, with the intention of treating, capturing or killing it for the purpose of relieving its suffering,

(b) the wild mammal was not deliberately injured for the purpose of allowing the activity mentioned in paragraph (a) to take place, and

(c) the conditions set out in subsection (2) are met.

(2) The conditions referred to in subsection (1)(c) are that—

(a) the activity mentioned in subsection (1)(a) does not involve the use of more than two dogs,

(b) any dog used in the activity is under control,

(c) reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs,

(d) either—

(i) permission for the activity has been given by the owner of the land on which the activity takes place,

(ii) the person carrying out the activity is a constable exercising a power of entry,

(iii) the person carrying out the activity is exercising a power of entry under section 14M or 14N of the Wildlife and Countryside Act 1981, or

(iv) the person carrying out the activity is exercising a power of entry under section 15 of the Deer (Scotland) Act 1996,

(e) the wild mammal which is being searched for, stalked or flushed is, as soon as reasonably possible, either—

(i) given treatment to reduce or alleviate its pain or discomfort before being allowed to escape without being pursued or killed,

(ii) captured for the purpose of being given treatment to reduce or alleviate its pain or discomfort (whether at that place or at another place),

(iii) shot dead, or

(iv) observed and allowed to escape without being pursued or killed,

(f) if an attempt to kill the wild mammal, as mentioned in paragraph (e)(iii), results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering.

8 Exception: searching for dead wild mammals

(1) This section applies if—

(a) a person is using a dog above ground to search for and retrieve a dead wild mammal, and

(b) the conditions set out in subsection (2) are met.

(2) The conditions referred to in subsection (1)(b) are that—

(a) the activity mentioned in subsection (1)(a) does not involve the use of more than two dogs,

(b) any dog used in the activity is under control,

(c) reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs,

(d) either—

(i) permission for the activity has been given by the owner of the land on which the activity takes place,

(ii) the person carrying out the activity is a constable exercising a power of entry,

(iii) the person carrying out the activity is exercising a power of entry under section 14M or 14N of the Wildlife and Countryside Act 1981, or

(iv) the person carrying out the activity is exercising a power of entry under section 15 of the Deer (Scotland) Act 1996,

(e) reasonable steps are taken to ensure that no wild mammal is pursued, injured or killed.

9 Exception: environmental benefit

(1) This section applies if—

(a) the person is using a dog above ground to—

(i) search for, stalk or flush from cover a wild mammal, with the intention of killing, capturing or observing it as part of a scheme or plan for one or more of the purposes set out in subsection (2),

(ii) search for and retrieve a wild mammal which has been killed as a result of the activity referred to in sub-paragraph (i), and

(b) the conditions set out in subsection (3) are met.

(2) The purposes referred to in subsection (1)(a)(i) are—

(a) preserving, protecting or restoring a particular species (which may include controlling the number of a species for its welfare) for environmental benefit,

(b) preserving, protecting or restoring the diversity of animal or plant life,

(c) eradicating an invasive non-native species of wild mammal from an area.

(3) The conditions referred to in subsection (1)(b) are that—

(a) either—

(i) the activity mentioned in subsection (1)(a) does not involve the use of more than two dogs, or

(ii) the activity is carried out in accordance with a licence granted under section 10,

(b) any dog used in the activity is under control,

(c) unless paragraph (a)(ii) applies, reasonable steps are taken to ensure that any dog used in the activity does not join with others to form a pack of more than two dogs,

(d) either—

(i) permission for the activity has been given by the owner of the land on which the activity takes place,

(ii) the person carrying out the activity is exercising a power of entry under section 14M or 14N of the Wildlife and Countryside Act 1981, or

(iii) the person carrying out the activity is exercising a power of entry under section 15 of the Deer (Scotland) Act 1996,

(e) the wild mammal which is being searched for, stalked or flushed is either—

(i) captured (whether or not with the intention of subsequently releasing or relocating it) as soon as reasonably possible,

(ii) shot dead, or killed by a bird of prey, as soon as reasonably possible, or

(iii) observed and allowed to escape without being pursued, injured or killed,

(f) if an attempt to kill the wild mammal, as mentioned in paragraph (e)(ii), results in it being injured but not killed, reasonable steps are taken to kill it in a way (other than by using a dog) that causes it the minimum possible suffering.

(4) In this section—

“invasive non-native species” means a species—

(a) which is included on the Scottish list of species of special concern, or

(b) which is—

(i) not native to the area in which the activity mentioned in subsection (1)(a) takes place, and

(ii) having or likely to have a significant adverse impact on biodiversity, the environment, social or economic interests or human or animal health,

“Scottish list of species of special concern” means the list of species in the Annex to Commission Implementing Regulation (EU) 2016/1141 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council, as amended from time to time.

10 Licence for use of more than two dogs in connection with section 9

(1) A person may apply for a licence permitting the use of more than two dogs for the activity mentioned in section 9(1)(a).

(2) An application for a licence under subsection (1) must be made to the relevant authority.

(3) A licence under subsection (1)—

(a) may be granted to a particular person or to a category of persons,

(b) must relate to a particular species of wild mammal,

(c) must not be granted unless the relevant authority is satisfied—

(i) that killing, capturing or observing the wild mammal will contribute towards a significant or long-term environmental benefit, and

(ii) that there is no other solution which would be effective in achieving the purpose set out in section 9(2) in relation to which the application for a licence is being made,

(d) may only permit the use of the minimum number of dogs which the relevant authority is satisfied would be effective in achieving the purpose set out in section 9(2) in relation to which the application for a licence is being made,

(e) must require the deployment of the minimum number of guns which the relevant authority is satisfied would be effective for compliance with the conditions set out in section 9(3)(e) and (f) in relation to the activity for which the application for a licence is being made,

(f) may be subject to compliance with such conditions as the relevant authority considers appropriate, which may include, in particular, reporting requirements in relation to activities carried out under the licence,

(g) may be granted for a maximum period of two years, which must fall within a period of two consecutive years,

(h) may be modified or revoked by the relevant authority at any time.

(5) A licence under this section must specify—

(a) the person or category of persons to whom it is granted,

(b) the species of wild mammal to which it relates,

(c) the area within which the searching for, stalking or flushing of that species of wild mammal may take place under the licence,

(d) the maximum number of dogs which are permitted to be used,

(e) the minimum number of guns (if any) which are required to be deployed,

(f) any conditions to which the licence is subject.

11 Regulations: licences

(1) The Scottish Ministers may, by regulations—

(a) make provision for—

(i) the form of applications for licences under subsection (1) of sections 4 and 10,

(ii) a reasonable fee to be paid to the relevant authority for the application of licences under sections 4 and 10,

(b) appoint the relevant authority under sections 4 and 10 or

(c) make such other provision as they see fit in relation to licences under this section and section (10)

(2) Regulations—

(a) when made under paragraphs (1)(a) and (1)(b), are subject to the negative procedure,

(b) when made under paragraph (1)(c), are subject to the affirmative procedure.

(3) Regulations under paragraphs (1)(a) and (1)(b) may not amend the text of any Act.

(4) Until and unless the Scottish Ministers appoint a relevant authority under paragraph (1)(b), the Scottish Ministers shall be the relevant authority.

(5) For greater clarity, nothing in this section prevents the Scottish Ministers appointing themselves as the relevant authority.

PART 2

TRAIL HUNTING

Offences

12 Offences relating to trail hunting

(1) A person commits an offence if—

(a) the person engages or participates in trail hunting, and

(b) the exception in section 13 does not apply.

(2) In this Part—

“trail hunting” is the activity in which a dog is directed to find and follow an animal-based scent which has been laid for that purpose,

“animal-based scent” means—

(a) a scent which is derived from a wild mammal, or

(b) a scent which mimics, replicates or resembles the scent of a wild mammal (or which is designed to do so), whether or not that scent is derived wholly or in part from artificial ingredients.

(3) A person commits an offence if—

(a) the person—

(i) is an owner or occupier of land, and

(ii) knowingly causes or permits another person to engage or participate in trail hunting on that land, and

(b) the exception in section 13 does not apply to the trail hunting.

(4) A person commits an offence if—

(a) the person—

(i) owns or is responsible for a dog, and

(ii) knowingly causes or permits another person to use the dog for trail hunting, and

(b) the exception in section 13 does not apply to the trail hunting.

(5) A person who commits an offence under subsection (1), (3) or (4) is liable on summary conviction to—

(a) imprisonment for a term not exceeding 12 months,

(b) a fine not exceeding £40,000, or level 5 on the standard scale, whichever would be higher for the person, or

(c) both of the penalties under paragraphs (a) and (b).

(6) It is a defence for a person charged with an offence under subsection (3) or (4) to show that the person reasonably believed that the exception in section 13 applied to the trail hunting.

(7) In this Part, an “owner” of land includes, in particular, a person who—

(a) manages or controls that land, or

(b) is authorised to give permission for that land to be used for trail hunting.

Exception to the offences

13 Exception: training dogs to follow an animal-based scent

(1) This section applies if—

(a) a person—

(i) directs a dog to find and follow an animal-based scent which has been laid for that purpose, or

(ii) lays an animal-based scent for a dog to find and follow,

in order to train a dog for a lawful purpose, and

(b) all of the conditions set out in subsection (2) are met.

(2) The conditions are that—

(a) the activity mentioned in subsection (1)(a) does not involve more than two dogs,

(b) any dog involved in the activity is under control,

(c) reasonable steps are taken to ensure that any dog involved in the activity does not join with others to form a pack of more than two dogs,

(d) permission for the activity has been given by the owner of the land on which the activity takes place,

(e) reasonable steps are taken to ensure that no wild mammal is pursued, injured or killed.

PART 3

GENERAL PROVISIONS

14 Ancillary provision

(1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act.

(2) The Scottish Ministers may by regulations make such provision as they see fit regarding the enforcement of this Act.

(3) Regulations under this section may—

(a) make different provision for different purposes,

(b) modify any enactment (including this Act).

(4) Regulations under this section—

(a) are subject to the affirmative procedure if they—

(i) add to, replace or omit any part of the text of this or any other Act; or

(ii) are made under subsection (2);

(b) otherwise, are subject to the negative procedure.

(5) Before making regulations under subsection (2), the Scottish Ministers must consult such people as they see fit.

15 Interpretation

In this Act—

“animal” means a vertebrate (other than a human) or an invertebrate,

“constable” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012,

“cover” means a place above ground in which a wild mammal may be concealed from sight, but does not include an enclosed place from which a wild mammal could not be flushed,

“hunting” is to be construed in accordance with section 1(3),

“livestock” means cattle, sheep, goats, swine, horses, camelids, ratites, farmed deer, enclosed game birds or poultry, and for the purposes of this definition—

(a) “cattle” means bulls, cows, oxen, buffalo, heifers or calves,

(b) “horses” includes donkeys and mules,

(c) “farmed deer” means deer of any species which are on agricultural land enclosed by a deer-proof barrier and kept by way of business for the primary purpose of meat production,

(d) “enclosed game birds” means any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan that are being kept enclosed prior to their release for sporting purposes,

(e) “poultry” means domestic fowls, turkeys, geese or ducks,

“relevant authority” is to be construed in accordance with sections 4, 10, and 11,

“responsible for”, in relation to a dog, is to be construed in accordance with section 2(6),

“under control”, in relation to a dog, means that a person who is responsible for the dog is able to direct the dog’s activity by physical contact or verbal or audible command,

“wild mammal” has the meaning given by section 1(3),

“woodland” means land on which trees are grown, whether or not commercially, and includes any such trees and any vegetation planted or growing naturally among such trees on that land.

15 Repeal of the Protection of Wild Mammals (Scotland) Act 2002

The Protection of Wild Mammals (Scotland) Act 2002 is repealed.

16 Crown application: criminal offences

(1) Nothing in this Act makes the Crown criminally liable.

(2) The Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable if it were not for subsection (1).

(3) Subsection (1) does not affect the criminal liability of persons in the service of the Crown.

17 Commencement

This Act comes into force 6 months after Royal Assent.

18 Short title

ThIs Act may be cited as the Hunting with Dogs (Scotland) Act 2024.

Enactments cited:

• Interpretation Act 1978 (c. 30)

• Wildlife and Countryside Act 1981 (c.69)

• Deer (Scotland) Act 1996 (c. 58)

• Police and Fire Reform (Scotland) Act 2012 (asp 8)

• Protection of Wild Mammals (Scotland) Act 2002 (asp 6)

• Commission Implementing Regulation adopting a list of invasive alien species of Union concern (EU 2016/1141)

• Regulation of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species (EU No 1143/2014)

This Act was written by the Most Honourable /u/model-avtron, Marchioness Hebrides LT OM CT PC MP MSP MS, Leader of the Opposition and the Scottish Green Party, on behalf of the Scottish Green Party.

This Act draws heavily from the IRL Hunting with Dogs (Scotland) Act 2023.

Opening Speech

Oifigear-riaghlaidh,

Hunting with dogs is a unique killer. The numbers aren't precise, but about one fifth of foxes disturbed by hunts are killed by dogs, despite the fact that a large majority of hunts go on without dogs.

This bill bans this killer. It bans hunting with dogs. This will save the lives of mammals like foxes.

Now, there are some legitimate uses for hunting with dogs, I don't dispute that. For example, to relieve the suffering of dying mammals. This bill ensures that farmers and rural communities can continue to hunt for legitimate reasons.

This bill will reduce suffering for mammals and will make it easier to convict people for unlawfully using dogs in hunting. I commend this bill to the Pàrlamaid.

Oifigear-riaghlaidh, I move,

That the Pàrlamaid agrees to the general principles of the Hunting with Dogs (Scotland) Bill.

Voting on this bill will end with the close of business at 10pm GMT on the 3^rd of May 2024.

Members are to vote 'for', 'against', or 'abstain' only.

Order!

Our next item of business today is a Stage 3 Vote on bill SB252, in the name of the 22nd Scottish Government. The question is that the Parliament agrees to the Housing (Scotland) Bill, as amended.

Amendment 1 (/u/LightningMinion) passed [F: 112, Ag: 17, Ab: 0, DNV: 0] and has been added to the bill.

Two SPaG amendments (both /u/LightningMinion) have been accepted as such.

Housing (Scotland) Bill

An Act of the Scottish Parliament to repeal the right to buy, make provision about planning authorities, make provision about homelessness, and for connected purposes.

The right to buy

1 Repeal of the right to buy

(1) The Right to Buy (Revival) (Scotland) Act 2020 is repealed.

(2) Sections 61 to 81, 84 and 84A of the Housing (Scotland) Act 1987 are repealed.

(3) Sections 42 to 52 of the Housing (Scotland) Act 2001 are repealed.

The Scottish Planning and Housing Agency The Scottish Housing and Planning Authority

2 The Scottish Planning and Housing Agency The Scottish Housing and Planning Agency

(1) The Town and Country Planning (Scotland) Act 1997 is amended as follows.

(2) For sections 1 to 1A, substitute—

"1 Planning authorities

(1) The planning authority for the purposes of this Act shall be the regional committee of the Scottish Housing and Planning Agency established for the district and the district of the planning authority shall be the area of the regional committee.

(2) In any enactment or instrument made under or by virtue of an enactment, a reference to a planning authority shall, unless otherwise provided, or unless the context otherwise requires, be construed as a reference to a regional committee of the Scottish Housing and Planning Agency.

1A Scottish Housing and Planning Agency

(1) The Scottish Housing Agency is continued into force as the Scottish Housing and Planning Agency.

(2) It is a body corporate.

(3) Schedule 19 makes further provision about the Scottish Housing and Planning Agency.

1B Regional planning committees

(1) The Scottish Housing and Planning Agency must establish bodies called regional committees in accordance with this section.

(2) There must be one regional committee for the area of each local authority.

(3) Each regional committee is to be established by order made by the Scottish Housing and Planning Agency for an area within Scotland.

(4) The area for which a regional committee is established must not coincide or overlap with the area of any other regional committee.

(5) The Scottish Housing and Planning Agency must ensure that, at all times on and after the appointed day, the areas of regional committees together cover the whole of Scotland.

(6) An order establishing a regional committee must provide for the constitution of the body, either by setting out the constitution or by making provision by reference to a published document where it is set out.

(7) The Scottish Housing and Planning Agency must publish orders under this section.

(8) In this section “the appointed day” means a day appointed under this subsection by regulations subject to the negative procedure made by the Scottish Ministers.

(9) Schedule 20 makes further provision about regional committees.".

(2) After Schedule 18, insert—

"SCHEDULE 18

Scottish Housing and Planning Agency

(introduced by section 1A(3))

Independence from Ministers

1 (1) In performing its functions, the Scottish Housing and Planning Agency is not subject to the direction or control of any member of the Scottish Government.

(2) Sub-paragraph (1) is subject to any contrary provision in this or any other enactment.

Appointment of members

2 (1) The Scottish Housing and Planning Agency is to consist of—

(a) a member appointed by the Scottish Ministers to chair the Scottish Housing and Planning Agency, and

(b) at least 4 but no more than 6 other members appointed by the Scottish Ministers.

(2) The Scottish Ministers may appoint a person as a member only if the Scottish Parliament has approved the appointment.

(3) In appointing members, the Scottish Ministers must have regard, among other things, to the desirability of ensuring that the membership (taken as a whole) has expertise or experience in—

(a) law relating to planning,

(b) housing policy,

(c) planning policy, and

(d) other matters which the Scottish Ministers consider relevant to planning and housing.

(4) A member is appointed for such period not exceeding 4 years as the Scottish Ministers determine.

(5) The Scottish Ministers may reappoint a person as a member if—

(a) the person—

(i) is a member at the time of reappointment, or

(ii) ceased to be a member not more than 3 months before the date of reappointment, and

(b) the person has not previously been reappointed.

(6) Sub-paragraphs (2) and (4) apply to the reappointment of a person as a member as they apply to the appointment of a person as a member.

(7) The Scottish Ministers may determine other terms and conditions of membership in relation to matters not covered by this Act.

Persons who may not be members

2 (1) The Scottish Ministers may not appoint a person as a member if sub-paragraph (2) or (4) applies to the person.

(2) This sub-paragraph applies to a person who is—

(a) a member of—

(i) the Scottish Parliament,

(ii) the House of Commons,

(iii) the House of Lords,

(iv) Senedd Cymru, or

(v) the Northern Ireland Assembly,

(b) a member of the Scottish Government,

(c) a Minister of the Crown,

(d) an office-holder in the Scottish Administration,

(e) an office-holder of the Crown in right of Her Majesty’s Government in the United Kingdom,

(f) the holder of any other relevant elective office as defined by paragraph 1(8) of schedule 7 of the Political Parties, Elections and Referendums Act 2000,

(g) a civil servant.

(3) Sub-paragraph (2) does not apply to a person who is a councillor or an employee of a local authority.

(4) This sub-paragraph applies to a person who is or has been—

(a) insolvent,

(b) disqualified as a company director under the Company Directors Disqualification Act 1986,

(c) disqualified as a charity trustee under the Charities Act 2011,

(d) disqualified under a disqualification provision analogous to either of those mentioned in paragraphs (b) and (c) anywhere in the world.

(4) For the purpose of sub-paragraph (3)(a), a person is or has been insolvent if—

(a) the person’s estate is or has been sequestrated,

(b) the person has granted a trust deed for creditors or has made a composition or arrangement with creditors,

(c) the person is or has been the subject of any other kind of arrangement analogous to either of those mentioned in paragraphs (a) and (b) anywhere in the world.

Members’ remuneration and expenses

3 (1) The Scottish Housing and Planning Agency may pay—

(a) its members, and

(b) the members of any regional committee established by it

such remuneration as it may, with the approval of the Scottish Ministers, determine.

(2) The Scottish Housing and Planning Agency may pay—

(a) its members, and

(b) the members of any regional committee established by it,

such sums as it may, with the approval of the Scottish Ministers, determine in respect of expenses incurred by them in performing their functions.

Early termination of membership

4 (1) A person’s membership of the Scottish Housing and Planning Agency ends if—

(a) the person gives notice in writing to the Scottish Ministers and the Presiding Officer of the Scottish Parliament that the person resigns,

(b) the person becomes disqualified from being a member,

(c) the Scottish Ministers give the person notice in writing that the person is removed from being a member.

(2) The Scottish Ministers may remove a member under sub-paragraph (1)(c) only if—

(a) the member has been absent, without permission or reasonable excuse, from meetings of the Scottish Housing and Planning Agency for a period of longer than 3 consecutive months,

(b) the member has been convicted of a criminal offence, or

(c) the Scottish Ministers consider that the member is—

(i) unable to perform the member’s functions, or

(ii) unsuitable to continue as a member.

(3) Where they propose to give a person, other than the person who is the member appointed to chair the Scottish Housing and Planning Agency, notice under sub-paragraph (1)(c) that the person is to be removed from being a member, the Scottish Ministers must consult the member appointed to chair the Scottish Housing and Planning Agency.

(4) The Scottish Ministers may remove a member under sub-paragraph (1)(c) only with the approval of the Scottish Parliament.

(5) For the purpose of sub-paragraph (1)(b), a person becomes disqualified from being a member if paragraph 3(2) or (4) applies to the person.

Chief executive and other staff

5 (1) The Scottish Housing and Planning Agency is to have, as a member of staff, a chief executive.

(2) The chief executive may not be a member of the Scottish Housing and Planning Agency.

(3) The Scottish Ministers are to appoint the first chief executive with the approval of the Scottish Parliament.

(4) The Scottish Housing and Planning Agency is to appoint each subsequent chief executive.

(5) The Scottish Housing and Planning Agency may appoint other staff.

(6) The chief executive and other staff are to be appointed on such terms and conditions as the Scottish Housing and Planning Agency, with the approval of the Scottish Ministers, determines.

Authority to perform functions

6 (1) The Scottish Housing and Planning Agency may authorise—

(a) any of its members,

(b) any regional committee established by it,

(c) its chief executive, or

(d) any other member of its staff,

to perform such of its functions (and to such extent) as it may determine.

(2) The giving of authority under sub-paragraph (1) to perform a function does not—

(a) affect the Scottish Housing and Planning Agency’s responsibility for the performance of the function, or

(b) prevent the Scottish Housing and Planning Agency from performing the function itself.

Regulation of procedure

7 The Scottish Housing and Planning Agency may regulate its own procedure (including quorum) and that of any regional committee.

Validity of things done

8 The validity of anything done by the Scottish Housing and Planning Agency or a regional committee is not affected by—

(a) a vacancy in membership,

(b) a defect in the appointment of a member,

(c) the disqualification of a person from being a member after appointment.

General powers

10 The Scottish Housing and Planning Agency may do anything which appears to it—

(a) to be necessary or expedient for the purposes of, or in connection with, the performance of its functions, or

(b) to be otherwise conducive to the performance of its functions.

Ministerial direction

11 (1) The Scottish Ministers may direct the Scottish Housing and Planning Agency to exercise its powers in a specified way.

(2) A direction under sub-paragraph (1) must—

(a) be in writing, and

(b) be published (as soon as practicable after it is communicated to the Scottish Housing and Planning Agency), and

(c) set out the Scottish Ministers’ reasons for making it.

(3) The Scottish Ministers may revise or revoke a direction under sub-paragraph (1).

(4) Sub-paragraph (3) applies to the revision or revocation of a direction under sub-paragraph (1) as it applies to such a direction.

Directions from the Scottish Parliament

12 (1) The Scottish Parliament may direct the Scottish Housing and Planning Agency to exercise its powers in a specified way by passing a motion resolving as such.

(2) The Scottish Parliament may revise or revoke a direction under sub-paragraph (1) by passing a motion resolving as such.

Directions to regional committees

13 (1) The Scottish Housing and Planning Agency may direct a regional committee to exercise its powers in a specified way.

(2) The Scottish Housing and Planning Agency must ensure that regional committees exercise their powers in a way which meets the National Outcomes.

(3) A direction under sub-paragraph (1) must—

(a) be in writing, and

(b) be published (as soon as practicable after it is communicated to the regional committee), and

(c) set out the Scottish Housing and Planning Agency’s reasons for making it.

(4) The Scottish Housing and Planning Agency may revise or revoke a direction under sub-paragraph (1).

(5) Sub-paragraph (4) applies to the revision or revocation of a direction under sub-paragraph (1) as it applies to such a direction.

Annual report

14 (1) The Scottish Housing and Planning Agency must, as soon as practicable after the end of each financial year—

(a) prepare and publish a report on its activities during that year,

(b) send a copy of the report to the Scottish Ministers, and

(c) lay a copy of the report before the Scottish Parliament.

(2) It is for the Scottish Housing and Planning Agency to determine the form and content of each report.

Resources

15 (1) The Scottish Ministers must seek to ensure that the amount of resources allocated for use by the Scottish Housing and Planning Agency is reasonably sufficient to enable it to perform its functions.

(2) Each report prepared under paragraph 14 must include an assessment by the Scottish Housing and Planning Agency of whether the amount of resources allocated for use by it in the financial year to which the report relates was sufficient to enable it to perform its functions.

(3) Sub-paragraph (2) does not affect the generality of paragraph 14(2).

SCHEDULE 20

REGIONAL COMMITTEES

Appointment of members

1 (1) Regional committees are to consist of members appointed by the local authority (“the council”) which the regional committee’s area covers.

(2) The council is to appoint one of the members of the regional committee the chair.

(3) The council may appoint a person as a member only if the Scottish Housing and Planning Agency has approved the appointment.

(4) In appointing members, the council must have regard, among other things, to the desirability of ensuring that the membership (taken as a whole) has expertise or experience in—

(a) law relating to planning,

(b) housing policy,

(c) planning policy, and

(d) other matters which the Scottish Housing and Planning Agency consider relevant to planning and housing.

(5) A member is appointed for such period not exceeding 4 years as the council determine.

(6) The council may reappoint a person as a member if—

(a) the person—

(i) is a member at the time of reappointment, or

(ii) ceased to be a member not more than 3 months before the date of reappointment, and

(b) the person has not previously been reappointed.

(7) Sub-paragraphs (3) and (5) apply to the reappointment of a person as a member as they apply to the appointment of a person as a member.

(8) The Scottish Housing and Planning Agency may determine other terms and conditions of membership in relation to matters not covered by this Act.

Persons who may not be members

2 (1) The council may not appoint a person as a member if sub-paragraph (2) or (4) applies to the person.

(2) This sub-paragraph applies to a person who is—

(a) a member of—

(i) the Scottish Parliament,

(ii) the House of Commons,

(iii) the House of Lords,

(iv) Senedd Cymru, or

(v) the Northern Ireland Assembly,

(b) a member of the Scottish Government,

(c) a Minister of the Crown,

(d) an office-holder in the Scottish Administration,

(e) an office-holder of the Crown in right of Her Majesty’s Government in the United Kingdom,

(f) the holder of any other relevant elective office as defined by paragraph 1(8) of schedule 7 of the Political Parties, Elections and Referendums Act 2000,

(g) a civil servant, or

(h) a member of the Scottish Housing and Planning Agency

(3) Sub-paragraph (2) does not apply to a person who is a councillor or an employee of a local authority.

(4) This sub-paragraph applies to a person who is or has been—

(a) insolvent,

(b) disqualified as a company director under the Company Directors Disqualification Act 1986,

(c) disqualified as a charity trustee under the Charities Act 2011,

(d) disqualified under a disqualification provision analogous to either of those mentioned in paragraphs (b) and (c) anywhere in the world.

(4) For the purpose of sub-paragraph (3)(a), a person is or has been insolvent if—

(a) the person’s estate is or has been sequestrated,

(b) the person has granted a trust deed for creditors or has made a composition or arrangement with creditors,

(c) the person is or has been the subject of any other kind of arrangement analogous to either of those mentioned in paragraphs (a) and (b) anywhere in the world.

Early termination of membership

3 (1) A person’s membership of a regional committee ends if—

(a) the person gives notice in writing to the chair of the regional committee and the Scottish Housing and Planning Agency that the person resigns,

(b) the person becomes disqualified from being a member,

(c) the Scottish Housing and Planning Agency give the person notice in writing that the person is removed from being a member.

(2) The Scottish Housing and Planning Agency may remove a member under sub-paragraph (1)(c) only if—

(a) the member has been absent, without permission or reasonable excuse, from meetings of the regional committee for a period of longer than 3 consecutive months,

(b) the member has been convicted of a criminal offence, or

(c) the Scottish Housing and Planning Agency consider that the member is—

(i) unable to perform the member’s functions, or

(ii) unsuitable to continue as a member.

(3) For the purpose of sub-paragraph (1)(b), a person becomes disqualified from being a member if paragraph 2(2) or (4) applies to the person.

General Powers

4 (1) A regional committee may do anything which appears to it—

(a) to be necessary or expedient for the purposes of, or in connection with, the performance of its functions, or

(b) to be otherwise conducive to the performance of its functions.

(2) In exercising its powers, a local planning board must have regard to—

(a) the National Planning Framework, and

(b) the National Outcomes.".

(3) The Schedule makes further provision regarding the Scottish Housing and Planning Agency.

3 Transitional provision

The Scottish Housing Agency may make any transitional provision connected to the coming into force of this Act.

Homelessness

4 Homelessness

(1) In section 20 of the Housing (Scotland) Act 1987 (persons to have priority on housing list and allocation of housing), for subsection (1) substitute—

“(1) A social landlord must, in relation to all houses held by it for housing purposes, secure that in the selection of its tenants a reasonable preference is given to the persons mentioned in subsection (1ZA).

(1ZA) The persons are—

(a) persons who, subject to subsection (1A), are homeless persons and persons threatened with homelessness (within the meaning of Part 2), and

(b) persons who—

(i) are living under unsatisfactory housing conditions, and

(ii) have unmet housing needs, and

(c) tenants of houses which—

(i) are held by a social landlord, and

(ii) the social landlord selecting its tenants considers to be under-occupied.

(1ZB) For the purposes of subsection (1ZA), persons have unmet housing needs where the social landlord considers the persons to have housing needs which are not capable of being met by housing options which are available.”.

(2) In section 338(1) of the Housing (Scotland) Act 1987, immediately after the definition of “the year 1986-87”, insert–

""unsatisfactory housing conditions" means–

(a) overcrowded housing conditions,

(b) housing conditions which do not meet the tolerable standard, or

(c) housing conditions which are otherwise unsatisfactory.".

(3) In section 86(1) of the Housing (Scotland) Act 1987 (definition of house meeting tolerable standard), after paragraph (i) insert—

“(j) has satisfactory equipment installed for detecting, and for giving warning of, fire or suspected fire;

(k) has satisfactory equipment installed for detecting, and for giving warning of, carbon monoxide present in a concentration that is hazardous to health,”.

(4) Section 4 of the Armed Forces Covenant (Scotland) Act 2023 is repealed.

(5) After section 2(1) of the Armed Forces Covenant (Scotland) Act 2023, insert—

"(2) This section does not apply to the powers of local authorities to provide housing accommodation under section 2 of the Housing (Scotland) Act 1987.".

Final provisions

5 Regulations

(1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it.

(2) Regulations under subsection (1) may modify any enactment (including this Act).

(3 Regulations under this section—

(a) which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure,

(b) otherwise, are subject to the negative procedure.

6 Commencement

(1) This section and sections 3, 5 and 7 come into force on the day after Royal Assent.

(2) Sections 1 and 4 come into force 3 months after the date of Royal Assent.

(3) Section 2 comes into force one month after the date of Royal Assent.

7 Short title

The short tile title of this Act is the Housing (Scotland) Act 2024.

SCHEDULE

SCOTTISH HOUSING AND PLANNING AGENCY: LEGISLATION RELATING TO PUBLIC BODIES

(introduced by section 2(3))

(1) In schedule 3 of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (devolved public bodies), before the entry relating to The Scottish Housing Regulator insert— “Scottish Housing and Planning Agency”.

(2) In schedule 1 of the Freedom of Information (Scotland) Act 2002 (Scottish public authorities: non ministerial office holders in the Scottish Administration), after paragraph 18B insert—

“18C Scottish Housing and Planning Agency.”.

(3) In schedule 2 of the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (specified authorities), under the heading “Executive bodies”, before the entry relating to the Scottish Housing Regulator insert— “Scottish Housing and Planning Agency”.

(4) In schedule 8 of the Public Services Reform (Scotland) Act 2010 (information on exercise of public functions: listed public bodies), before the entry relating to the Scottish Housing Regulator insert— “Scottish Housing and Planning Agency”.

(5) In the schedule of the Public Records (Scotland) Act 2011 (authorities to which Part 1 applies), under the heading “Scottish Administration”, before the entry relating to the Scottish Housing Regulator insert— “Scottish Housing and Planning Agency”.

(6) In the schedule of the Procurement Reform (Scotland) Act 2014 (contracting authorities: Scottish Administration and Scottish Parliament), after paragraph 13 insert—

“13AA Scottish Housing and Planning Agency.”.

This bill was written by First Minister the Rt. Hon. Sir LightningMinion KT OM OM CT CT CBE, Cabinet Secretary for Housing and Local Affairs and leader of Scottish Labour, on behalf of the 22nd Scottish Government. It has been co-sponsored by the Scottish Green Party.

A formatted version of the bill may be accessed here.

The bill borrows language from the following real-life legislation: UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021, The Housing (Scotland) Act 1987 (Tolerable Standard) (Extension of Criteria) Order 2019 and Health and Care Act 2022

Opening Speech:

Presiding Officer,

This legislation implements the government's policies with regards to planning, homelessness, and the housing market.

Section 1 abolishes the right to buy. Right to buy policies have led to council homes being sold-off without replacement council houses built, leading to a depletion of social housing stock. The repeal of the right to buy now will ensure that social housing stock cannot be depleted.

Section 2 makes a number of changes to the Scottish Housing Agency. It renames it to the Scottish Housing and Planning Agency, in recognition of the fact it also deals with planning for non-residential land and properties in addition to housing developments. Section 2 also lays out the rules regulating this Agency in more detail than the Planning (Scotland) Act 2022 which originally established it did. It also explicitly allows the government to give directions to the Agency. The government plans to exercise this power to direct the Agency to identify what land currently on the green-belt should be identified as a National Scenic Area or should be protected from development, following which the government will then be able to abolish the green belt system as promised. The government also plans to exercise this power to direct the Agency to ensure that Scotland meets its target of building 240 thousand houses between 2021 and 2031, to take over control of the construction of social housing and ensure that Scotland meets its target of building 70 thousand social houses between 2021 and 2031, and to take over the administration of housing construction-related funds, such as the Affordable Housing Fund.

Section 3 ensures that the Scottish Housing Agency can make any necessary transitional provision to ensure that the coming into force of section 2 doesn't inadvertently disrupt its activities.

Section 4 amends legislation relating to housing priority lists. It ensures that those who are homeless or are at risk of homelessness, those who live in overcrowded, unsafe or otherwise poor housing conditions, and those who are already social tenants get priority when a social landlord selects a new tenant. It repeals provisions giving those who served in the armed forces priority allocation for social housing, as I do not believe that someone having served in the armed forces alone should give them priority for accessing social housing. If they are homeless or are at risk of becoming homeless, or if they live in bad housing conditions, then they will have priority; but someone who doesn't need social housing but happened to serve in the armed forces should not get priority due to that. Section 4 also defines houses without a fire detector and alarm, and houses without a carbon monoxide detector and alarm, as houses of a poor condition.

Presiding Officer, this bill will help build more affordable and social housing, and helps tackle homelessness. I commend this bill to Parliament.

Debate on this bill will end with the close of business at 10pm BST on the 28th of April 2024.

Order!

Our second item of business today is a vote on motion SM196, in the name of the Scottish Green Party. The question is that the Parliament agrees to the Devolution of Employment Law Motion.

Devolution of Employment Law Motion

That the Pàrlamaid:

recognises that—

(a) employment law is currently reserved to the Parliament of the United Kingdom, under head H of Schedule 5 of the Scotland Act 1998 (c. 46);

(b) the Programme for Government of the 22^nd Scottish Government indicated that the Government intended to create a ‘Good Work Charter’, in collaboration with trade unions, setting out ‘good standards of employment’;

(c) the Scottish Government has indicated that the Scottish Government will follow the Good Work Charter, make following the Charter a ‘requirement to benefit from public procurement’, and, if the Scottish Government creates a National Scottish Investment Bank, require businesses receiving funding from the Bank to follow the Charter;

(d) the Scottish Government cannot make the Good Work Charter a requirement for all businesses without employment law being devolved;

(e) the Scottish Trade Union Congress has called for the devolution of employment law to the Pàrlamaid;

therefore, urges the Scottish Government to—

(f) immediately begin negotiating with the Government of the United Kingdom to repeal head H, in whole or for the most part;

(g) consider the debate on this motion a ‘comprehensive debate’ under the Programme for Government.

This motion was moved and written by the Most Honourable /u/model-avtron, Marchioness Hebrides LT OM CT PC MSP, Leader of the Scottish Green Party and the Opposition, on behalf of the Scottish Green Party.

Opening Speech

Oifigear-riaghlaidh,

One of the flagship commitments of this government is a Good Work Charter. The details in the Programme for Government are quite sparse, though we do know it will involve businesses being environmentally conscious. However, if you look back at the last Labour-led Scottish Government’s Programme for Government, you can see that Government’s plan would have employers signed up to the Charter end exploitative working practices, a guarantee to pay all employees a living wage, not undermine trade unions, and reduce greenhouse gases in line with the targets at the time.

However, the thing to note about the Charter is that it is not mandatory. Indeed, it cannot be mandatory, because employment law is a reserved matter under the Scotland Act 1998. Now, I agree with the principles of a Good Work Charter, assuming this government’s plan’s are similar to the aforementioned previous Labour government’s plans. However, I think it is a failure that the Government is advocating for workers rights reform, but refuses to ask Westminster for the powers to enforce it.

Nationalists often have their calls for greater devolution to Scotland’s national Pàrlamaid branded as ideological. However, this Government refusing to call for the devolution of welfare seems even more ideological. Considering the fact that the Government clearly want to do everything they can to get as many businesses and organisations signed up to the Good Work Charter, I don’t see why the Government can’t go the last mile and ask Westminster for this common-sense devolution, backed by workers through the Scottish Trade Unions Congress.

Thank you.

Voting on this motion will end with the close of business at 10pm BST on the 27th of April 2024.

Order!

Our first item of business today is a vote on bill SB253, in the name of Forward. The question is that the Parliament agrees to the general principles of the Anti-Radicalisation (Education) Bill.

###Anti-Radicalisation (Education) Bill

An Act of the Scottish Parliament to mandate the teaching of the Fundamental British Values, to codify anti-radicalisation guidance into statute, and for connected purposes.

Section 1: Definitions

(1) In this Act, unless specified otherwise;

(2) The ‘Fundamental British Values’ refers to the values set out as part of the anti-terror Prevent strategy, as below:

(a) Democracy

(b) Rule of Law

(c) Individual Liberty

(d) Tolerance

(e) Mutual Respect

(3) ‘School’ or derivatives refers to any education institution in Scotland.

(4) ‘Secondary School’ or derivatives refers to institutions that teach the years S1 to S6

Section 2: Requirement to teach the Fundamental British Values

(1) Secondary schools in Scotland must ensure that pupils are aware of the Fundamental British Values

(2) Secondary schools must develop a comprehensive and age-appropriate strategy to teach the Fundamental British Values, including (but not limited to):

(a) The strengths and limitations of democracy, including;

(i) The national British democracy

(ii) The Scottish democracy

(iii) International democracy

(iv) International non-democratic processes for governance

(b) How the rule of law operates in Scotland, including;

(i) The functions of the police in investigating and deterring crime

(ii) How the rule of law protects citizens equally

(iii) The implicit separation of powers and how institutions are kept accountable

(3) Schools are to promote individual liberty and independence inside and outside of school as part of their normal functions

(4) Schools are to encourage and develop free thinking and the autonomous development of ideas in their students, including;

(a) How to effectively debate ideas

(b) How to determine right from wrong

(c) How to show responsibility for their actions

(5) Schools are to promote mutual respect and tolerance of different values and ideas.

Section 3: Anti-Radicalisation Measures

(1) Schools are to take appropriate action against a student when they display such values that:

(a) Directly and seriously go against one or more of the Fundamental British Values, including;

(i) Seeking to promote ideologies that would overturn democracy

(ii) Seeking to promote ideologies that would undermine the rule of law in Scotland and the United Kingdom

(iii) Obsessive or extreme disregard for tolerating those with differing views to them

(iv) Constraining the development of individual liberty to such a degree that legitimate debate is unable to occur

(b) Suggest the student is at risk of radicalisation

(c) Suggest that the student has been radicalised

(2) Secondary schools are to take measures to educate students on radicalisation, including but not limited to;

(a) How people may be radicalised, including;

(i) The common signs that place people at risk of radicalisation

(ii) The common backgrounds of those at risk of radicalisation

(iii) Who is considered a person vulnerable to radicalisation

(b) The risks associated with radicalisation

(c) Recognising the signs of radicalisation in yourself and in others

(d) Who to report any concerns to

(e) How to support those who may be undergoing radicalisation

(3) Secondary schools must, where possible, ensure that the most up-to-date information on radicalisation and anti-radicalisation processes is delivered to students and that this knowledge is regularly disseminated to students.

(4) Schools must ensure that their staff are aware of all of the criteria in Section 3(2) and that training is regularly given to refresh this knowledge.

(a) The maximum gap between training may be no more than four years

Section 4: Short Title and Commencement

(1) This Bill may be cited as the Anti-Radicalisation (Education) Act 2024

(2) This Bill shall come into force on the 1st August 2025

This Bill was written by the Rt. Hon. Sir Frost_Walker2017, Duke of the Suffolk Coasts, as a member of Forward.

Opening Speech:

Presiding Officer,

I rise in support of this bill. While national security and counter-terrorism is reserved to Westminster, education is entirely devolved to Scotland, and it is through this lens that I have written this bill.

I think we can all agree that we should not allow our youth to be radicalised. We should not allow our youth to fall for ideologies actively harmful to a liberal democratic society, the likes of which we in the UK and her constituent regions operate in. Such radicalisation puts our society at risk at multiple levels - not only from a security point of view, if such individuals begin to threaten mass violence to get their way, but also from a social point of view as relationships between individuals and also between the individual and the state begin to break down.

The Fundamental British Values form a key part of these measures. This is a well known term south of the border, in England, and I seek to transpose them into our legislation here. The values of democracy, individual liberty, mutual respect and tolerance, and the rule of law form the backbone of civic society, and by respecting these values we hold respect for our country and for one another. It is important, in my view, that students are made aware of this to gain that respect early, especially considering they are at a key part of their life where small actions can have a great impact.

Presiding Officer, I recently sat through some safeguarding training. In it, we were told how to identify the common signs of radicalisation (alongside the common signs of abuse) and the importance of catching things early and taking it seriously. While social media has led to an alarming rise in the number of inappropriate “jokes” among young people, it is essential that students and staff alike are to recognise the signs of radicalisation. Off the top of my head, this can include sudden behavioural changes, isolation from family and friends, and dangerous rhetoric. Hand in hand with it is how to recognise when people are at risk of radicalisation. Such common signs for this include a recent death in the family, a loss of a support network, and mental health issues. The list of common signs for both could go on - but I feel I have made my point. Both student and staff being aware of these mean that those who are best placed to recognise the signs can report any concerns they have to catch it quickly, before it spirals out of control.

This legislation is designed to protect our young people, Presiding Officer. I commend this bill to this Parliament.

Voting on this bill will end with the close of business at 10pm BST on the 27th of April 2024.

Order!

Our next item of business today is a vote on bill SB251, in the name of Forward. The question is that the Parliament agrees to the Nuclear Power (Consent) (Scotland) Bill, as amended.

###Nuclear Power (Consent) (Scotland) Bill

An Act of the Scottish Parliament to automatically give consent to the construction of Nuclear Power Stations, and for connected purposes.

Section 1: Automatic Consent

(1) The Electricity Act 1989 is amended as follows.

(2) In section 36(1), for “(1A) to (2) and (4)”, substitute “(1A) to (2), (4) and (10)”.

(3) After section 36(9), insert—

“(10) The Scottish Ministers must give consent to proposals to construct a nuclear installation in Scotland, unless—

(a) one of the conditions in subsection (11) applies to the proposal, and

(b) the Scottish Ministers are of the view that consent should not be granted to the proposal.

(11) The conditions are that—

(a) the Scottish Ministers are of the view that the site of the proposed nuclear installation has significant—

(i) cultural,

(ii) natural, or

(iii) environmental

importance;

(b) the Scottish Ministers are of the view that the proposed nuclear installation would damage the national security of Scotland or the United Kingdom.

(12) The Scottish Ministers may, by regulations subject to the affirmative procedure, amend subsection (11) to add, vary or remove conditions.

[(13) In subsections (10) to (12), "nuclear installation" has the same meaning as in the Nuclear Installations Act 1965.”.](https://www.reddit.com/r/MHOCHolyrood/comments/1bwnvy0/sb251_nuclear_power_consent_scotland_bill_stage_1/kyhs16s/)

(1) Any authority in Scotland with power over granting planning permission must give consent to any proposal to build nuclear power stations within Scotland, subject to section 1(3).

(2) A nuclear power station is a facility that produces electricity for public or private consumption or sale which is generated by use of a nuclear reactor.

(3) A planning authority may only withhold consent in one of the following situations:

(a) The proposed site is of significant natural, environmental, or cultural importance

(b) Granting consent to the proposed site would violate national security.

(i) This applies to both the UK’s national security and to Scotland’s national security.

(4) The Scottish Ministers may, by order in the positive procedure, add or remove exceptions to automatic consent in section 1(3).

Section 2: Short Title and Commencement

(1) This Act may be cited as the Nuclear Power (Consent) (Scotland) Act 2024

(2) This Act shall come into force immediately upon Royal Assent.

This Act was written by the Rt. Hon. Sir Frost_Walker2017, Duke of the Suffolk Coasts, as a member of Forward.

Opening Speech:

Presiding Officer,

I rise in support of this bill. As we move forward to meet our net zero goals, it is important that we decarbonise our energy network. A large portion of this will come from renewable sources, like wind, solar, or tidal generation, but I believe that this alone cannot make up for the loss of fossil fuels in our energy network.

That is where nuclear power comes in. It produces a significant amount of clean energy with a relatively limited fuel input, and in operation produces minimal carbon emissions. Nuclear energy can be used as a base for our energy network, topped up by renewables as demand rises. While this Parliament rightly does not have powers over our energy network, we are in a position where we can choose to give consent to the planning permission required to build power stations. This bill would require the relevant authorities to give consent to such construction to speed up the process and assist with the decarbonisation of the UK - and, by extension, of Scotland.

This bill is common sense. I urge members to pass it into statute.

Voting on this bill will end with the close of business at 10pm BST on the 21st of April 2024.

Order!

Our second item of business today is a vote on bill SB252, in the name of the 22nd Scottish Government. The question is that the Parliament approves the general principles of the Housing (Scotland) Bill.

Housing (Scotland) Bill

An Act of the Scottish Parliament to repeal the right to buy, make provision about planning authorities, make provision about homelessness, and for connected purposes.

The right to buy

1 Repeal of the right to buy

(1) The Right to Buy (Revival) (Scotland) Act 2020 is repealed.

(2) Sections 61 to 81, 84 and 84A of the Housing (Scotland) Act 1987 are repealed.

(3) Sections 42 to 52 of the Housing (Scotland) Act 2001 are repealed.

The Scottish Planning and Housing Agency

2 The Scottish Planning and Housing Agency

(1) The Town and Country Planning (Scotland) Act 1997 is amended as follows.

(2) For sections 1 to 1A, substitute—

"1 Planning authorities

(1) The planning authority for the purposes of this Act shall be the regional committee of the Scottish Housing and Planning Agency established for the district and the district of the planning authority shall be the area of the regional committee.

(2) In any enactment or instrument made under or by virtue of an enactment, a reference to a planning authority shall, unless otherwise provided, or unless the context otherwise requires, be construed as a reference to a regional committee of the Scottish Housing and Planning Agency.

1A Scottish Housing and Planning Agency

(1) The Scottish Housing Agency is continued into force as the Scottish Housing and Planning Agency.

(2) It is a body corporate.

(3) Schedule 19 makes further provision about the Scottish Housing and Planning Agency.

1B Regional planning committees

(1) The Scottish Housing and Planning Agency must establish bodies called regional committees in accordance with this section.

(2) There must be one regional committee for the area of each local authority.

(3) Each regional committee is to be established by order made by the Scottish Housing and Planning Agency for an area within Scotland.

(4) The area for which a regional committee is established must not coincide or overlap with the area of any other regional committee.

(5) The Scottish Housing and Planning Agency must ensure that, at all times on and after the appointed day, the areas of regional committees together cover the whole of Scotland.

(6) An order establishing a regional committee must provide for the constitution of the body, either by setting out the constitution or by making provision by reference to a published document where it is set out.

(7) The Scottish Housing and Planning Agency must publish orders under this section.

(8) In this section “the appointed day” means a day appointed under this subsection by regulations subject to the negative procedure made by the Scottish Ministers.

(9) Schedule 20 makes further provision about regional committees.".

(2) After Schedule 18, insert—

"SCHEDULE 18

Scottish Housing and Planning Agency

(introduced by section 1A(3))

Independence from Ministers

1 (1) In performing its functions, the Scottish Housing and Planning Agency is not subject to the direction or control of any member of the Scottish Government.

(2) Sub-paragraph (1) is subject to any contrary provision in this or any other enactment.

Appointment of members

2 (1) The Scottish Housing and Planning Agency is to consist of—

(a) a member appointed by the Scottish Ministers to chair the Scottish Housing and Planning Agency, and

(b) at least 4 but no more than 6 other members appointed by the Scottish Ministers.

(2) The Scottish Ministers may appoint a person as a member only if the Scottish Parliament has approved the appointment.

(3) In appointing members, the Scottish Ministers must have regard, among other things, to the desirability of ensuring that the membership (taken as a whole) has expertise or experience in—

(a) law relating to planning,

(b) housing policy,

(c) planning policy, and

(d) other matters which the Scottish Ministers consider relevant to planning and housing.

(4) A member is appointed for such period not exceeding 4 years as the Scottish Ministers determine.

(5) The Scottish Ministers may reappoint a person as a member if—

(a) the person—

(i) is a member at the time of reappointment, or

(ii) ceased to be a member not more than 3 months before the date of reappointment, and

(b) the person has not previously been reappointed.

(6) Sub-paragraphs (2) and (4) apply to the reappointment of a person as a member as they apply to the appointment of a person as a member.

(7) The Scottish Ministers may determine other terms and conditions of membership in relation to matters not covered by this Act.

Persons who may not be members

2 (1) The Scottish Ministers may not appoint a person as a member if sub-paragraph (2) or (4) applies to the person.

(2) This sub-paragraph applies to a person who is—

(a) a member of—

(i) the Scottish Parliament,

(ii) the House of Commons,

(iii) the House of Lords,

(iv) Senedd Cymru, or

(v) the Northern Ireland Assembly,

(b) a member of the Scottish Government,

(c) a Minister of the Crown,

(d) an office-holder in the Scottish Administration,

(e) an office-holder of the Crown in right of Her Majesty’s Government in the United Kingdom,

(f) the holder of any other relevant elective office as defined by paragraph 1(8) of schedule 7 of the Political Parties, Elections and Referendums Act 2000,

(g) a civil servant.

(3) Sub-paragraph (2) does not apply to a person who is a councillor or an employee of a local authority.

(4) This sub-paragraph applies to a person who is or has been—

(a) insolvent,

(b) disqualified as a company director under the Company Directors Disqualification Act 1986,

(c) disqualified as a charity trustee under the Charities Act 2011,

(d) disqualified under a disqualification provision analogous to either of those mentioned in paragraphs (b) and (c) anywhere in the world.

(4) For the purpose of sub-paragraph (3)(a), a person is or has been insolvent if—

(a) the person’s estate is or has been sequestrated,

(b) the person has granted a trust deed for creditors or has made a composition or arrangement with creditors,

(c) the person is or has been the subject of any other kind of arrangement analogous to either of those mentioned in paragraphs (a) and (b) anywhere in the world.

Members’ remuneration and expenses

3 (1) The Scottish Housing and Planning Agency may pay—

(a) its members, and

(b) the members of any regional committee established by it

such remuneration as it may, with the approval of the Scottish Ministers, determine.

(2) The Scottish Housing and Planning Agency may pay—

(a) its members, and

(b) the members of any regional committee established by it,

such sums as it may, with the approval of the Scottish Ministers, determine in respect of expenses incurred by them in performing their functions.

Early termination of membership

4 (1) A person’s membership of the Scottish Housing and Planning Agency ends if—

(a) the person gives notice in writing to the Scottish Ministers and the Presiding Officer of the Scottish Parliament that the person resigns,

(b) the person becomes disqualified from being a member,

(c) the Scottish Ministers give the person notice in writing that the person is removed from being a member.

(2) The Scottish Ministers may remove a member under sub-paragraph (1)(c) only if—

(a) the member has been absent, without permission or reasonable excuse, from meetings of the Scottish Housing and Planning Agency for a period of longer than 3 consecutive months,

(b) the member has been convicted of a criminal offence, or

(c) the Scottish Ministers consider that the member is—

(i) unable to perform the member’s functions, or

(ii) unsuitable to continue as a member.

(3) Where they propose to give a person, other than the person who is the member appointed to chair the Scottish Housing and Planning Agency, notice under sub-paragraph (1)(c) that the person is to be removed from being a member, the Scottish Ministers must consult the member appointed to chair the Scottish Housing and Planning Agency.

(4) The Scottish Ministers may remove a member under sub-paragraph (1)(c) only with the approval of the Scottish Parliament.

(5) For the purpose of sub-paragraph (1)(b), a person becomes disqualified from being a member if paragraph 3(2) or (4) applies to the person.

Chief executive and other staff

5 (1) The Scottish Housing and Planning Agency is to have, as a member of staff, a chief executive.

(2) The chief executive may not be a member of the Scottish Housing and Planning Agency.

(3) The Scottish Ministers are to appoint the first chief executive with the approval of the Scottish Parliament.

(4) The Scottish Housing and Planning Agency is to appoint each subsequent chief executive.

(5) The Scottish Housing and Planning Agency may appoint other staff.

(6) The chief executive and other staff are to be appointed on such terms and conditions as the Scottish Housing and Planning Agency, with the approval of the Scottish Ministers, determines.

Authority to perform functions

6 (1) The Scottish Housing and Planning Agency may authorise—

(a) any of its members,

(b) any regional committee established by it,

(c) its chief executive, or

(d) any other member of its staff,

to perform such of its functions (and to such extent) as it may determine.

(2) The giving of authority under sub-paragraph (1) to perform a function does not—

(a) affect the Scottish Housing and Planning Agency’s responsibility for the performance of the function, or

(b) prevent the Scottish Housing and Planning Agency from performing the function itself.

Regulation of procedure

7 The Scottish Housing and Planning Agency may regulate its own procedure (including quorum) and that of any regional committee.

Validity of things done

8 The validity of anything done by the Scottish Housing and Planning Agency or a regional committee is not affected by—

(a) a vacancy in membership,

(b) a defect in the appointment of a member,

(c) the disqualification of a person from being a member after appointment.

General powers

10 The Scottish Housing and Planning Agency may do anything which appears to it—

(a) to be necessary or expedient for the purposes of, or in connection with, the performance of its functions, or

(b) to be otherwise conducive to the performance of its functions.

Ministerial direction

11 (1) The Scottish Ministers may direct the Scottish Housing and Planning Agency to exercise its powers in a specified way.

(2) A direction under sub-paragraph (1) must—

(a) be in writing, and

(b) be published (as soon as practicable after it is communicated to the Scottish Housing and Planning Agency), and

(c) set out the Scottish Ministers’ reasons for making it.

(3) The Scottish Ministers may revise or revoke a direction under sub-paragraph (1).

(4) Sub-paragraph (3) applies to the revision or revocation of a direction under sub-paragraph (1) as it applies to such a direction.

Directions from the Scottish Parliament

12 (1) The Scottish Parliament may direct the Scottish Housing and Planning Agency to exercise its powers in a specified way by passing a motion resolving as such.

(2) The Scottish Parliament may revise or revoke a direction under sub-paragraph (1) by passing a motion resolving as such.

Directions to regional committees

13 (1) The Scottish Housing and Planning Agency may direct a regional committee to exercise its powers in a specified way.

(2) The Scottish Housing and Planning Agency must ensure that regional committees exercise their powers in a way which meets the National Outcomes.

(3) A direction under sub-paragraph (1) must—

(a) be in writing, and

(b) be published (as soon as practicable after it is communicated to the regional committee), and

(c) set out the Scottish Housing and Planning Agency’s reasons for making it.

(4) The Scottish Housing and Planning Agency may revise or revoke a direction under sub-paragraph (1).

(5) Sub-paragraph (4) applies to the revision or revocation of a direction under sub-paragraph (1) as it applies to such a direction.

Annual report

14 (1) The Scottish Housing and Planning Agency must, as soon as practicable after the end of each financial year—

(a) prepare and publish a report on its activities during that year,

(b) send a copy of the report to the Scottish Ministers, and

(c) lay a copy of the report before the Scottish Parliament.

(2) It is for the Scottish Housing and Planning Agency to determine the form and content of each report.

Resources

15 (1) The Scottish Ministers must seek to ensure that the amount of resources allocated for use by the Scottish Housing and Planning Agency is reasonably sufficient to enable it to perform its functions.

(2) Each report prepared under paragraph 14 must include an assessment by the Scottish Housing and Planning Agency of whether the amount of resources allocated for use by it in the financial year to which the report relates was sufficient to enable it to perform its functions.

(3) Sub-paragraph (2) does not affect the generality of paragraph 14(2).

SCHEDULE 20

REGIONAL COMMITTEES

Appointment of members

1 (1) Regional committees are to consist of members appointed by the local authority (“the council”) which the regional committee’s area covers.

(2) The council is to appoint one of the members of the regional committee the chair.

(3) The council may appoint a person as a member only if the Scottish Housing and Planning Agency has approved the appointment.

(4) In appointing members, the council must have regard, among other things, to the desirability of ensuring that the membership (taken as a whole) has expertise or experience in—

(a) law relating to planning,

(b) housing policy,

(c) planning policy, and

(d) other matters which the Scottish Housing and Planning Agency consider relevant to planning and housing.

(5) A member is appointed for such period not exceeding 4 years as the council determine.

(6) The council may reappoint a person as a member if—

(a) the person—

(i) is a member at the time of reappointment, or

(ii) ceased to be a member not more than 3 months before the date of reappointment, and

(b) the person has not previously been reappointed.

(7) Sub-paragraphs (3) and (5) apply to the reappointment of a person as a member as they apply to the appointment of a person as a member.

(8) The Scottish Housing and Planning Agency may determine other terms and conditions of membership in relation to matters not covered by this Act.

Persons who may not be members

2 (1) The council may not appoint a person as a member if sub-paragraph (2) or (4) applies to the person.

(2) This sub-paragraph applies to a person who is—

(a) a member of—

(i) the Scottish Parliament,

(ii) the House of Commons,

(iii) the House of Lords,

(iv) Senedd Cymru, or

(v) the Northern Ireland Assembly,

(b) a member of the Scottish Government,

(c) a Minister of the Crown,

(d) an office-holder in the Scottish Administration,

(e) an office-holder of the Crown in right of Her Majesty’s Government in the United Kingdom,

(f) the holder of any other relevant elective office as defined by paragraph 1(8) of schedule 7 of the Political Parties, Elections and Referendums Act 2000,

(g) a civil servant, or

(h) a member of the Scottish Housing and Planning Agency

(3) Sub-paragraph (2) does not apply to a person who is a councillor or an employee of a local authority.

(4) This sub-paragraph applies to a person who is or has been—

(a) insolvent,

(b) disqualified as a company director under the Company Directors Disqualification Act 1986,

(c) disqualified as a charity trustee under the Charities Act 2011,

(d) disqualified under a disqualification provision analogous to either of those mentioned in paragraphs (b) and (c) anywhere in the world.

(4) For the purpose of sub-paragraph (3)(a), a person is or has been insolvent if—

(a) the person’s estate is or has been sequestrated,

(b) the person has granted a trust deed for creditors or has made a composition or arrangement with creditors,

(c) the person is or has been the subject of any other kind of arrangement analogous to either of those mentioned in paragraphs (a) and (b) anywhere in the world.

Early termination of membership

3 (1) A person’s membership of a regional committee ends if—

(a) the person gives notice in writing to the chair of the regional committee and the Scottish Housing and Planning Agency that the person resigns,

(b) the person becomes disqualified from being a member,

(c) the Scottish Housing and Planning Agency give the person notice in writing that the person is removed from being a member.

(2) The Scottish Housing and Planning Agency may remove a member under sub-paragraph (1)(c) only if—

(a) the member has been absent, without permission or reasonable excuse, from meetings of the regional committee for a period of longer than 3 consecutive months,

(b) the member has been convicted of a criminal offence, or

(c) the Scottish Housing and Planning Agency consider that the member is—

(i) unable to perform the member’s functions, or

(ii) unsuitable to continue as a member.

(3) For the purpose of sub-paragraph (1)(b), a person becomes disqualified from being a member if paragraph 2(2) or (4) applies to the person.

General Powers

4 (1) A regional committee may do anything which appears to it—

(a) to be necessary or expedient for the purposes of, or in connection with, the performance of its functions, or

(b) to be otherwise conducive to the performance of its functions.

(2) In exercising its powers, a local planning board must have regard to—

(a) the National Planning Framework, and

(b) the National Outcomes.".

3 Transitional provision

The Scottish Housing Agency may make any transitional provision connected to the coming into force of this Act.

Homelessness

4 Homelessness

(1) In section 20 of the Housing (Scotland) Act 1987 (persons to have priority on housing list and allocation of housing), for subsection (1) substitute—

“(1) A social landlord must, in relation to all houses held by it for housing purposes, secure that in the selection of its tenants a reasonable preference is given to the persons mentioned in subsection (1ZA).

(1ZA) The persons are—

(a) persons who, subject to subsection (1A), are homeless persons and persons threatened with homelessness (within the meaning of Part 2), and

(b) persons who—

(i) are living under unsatisfactory housing conditions, and

(ii) have unmet housing needs, and

(c) tenants of houses which—

(i) are held by a social landlord, and

(ii) the social landlord selecting its tenants considers to be under-occupied.

(1ZB) For the purposes of subsection (1ZA), persons have unmet housing needs where the social landlord considers the persons to have housing needs which are not capable of being met by housing options which are available.”.

(2) In section 338(1) of the Housing (Scotland) Act 1987, immediately after the definition of “the year 1986-87”, insert–

""unsatisfactory housing conditions" means–

(a) overcrowded housing conditions,

(b) housing conditions which do not meet the tolerable standard, or

(c) housing conditions which are otherwise unsatisfactory.".

(3) In section 86(1) of the Housing (Scotland) Act 1987 (definition of house meeting tolerable standard), after paragraph (i) insert—

“(j) has satisfactory equipment installed for detecting, and for giving warning of, fire or suspected fire;

(k) has satisfactory equipment installed for detecting, and for giving warning of, carbon monoxide present in a concentration that is hazardous to health,”.

(4) Section 4 of the Armed Forces Covenant (Scotland) Act 2023 is repealed.

(5) After section 2(1) of the Armed Forces Covenant (Scotland) Act 2023, insert—

"(2) This section does not apply to the powers of local authorities to provide housing accommodation under section 2 of the Housing (Scotland) Act 1987.".

Final provisions

5 Regulations

(1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it.

(2) Regulations under subsection (1) may modify any enactment (including this Act).

(3 Regulations under this section—

(a) which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure,

(b) otherwise, are subject to the negative procedure.

6 Commencement

(1) This section and sections 3, 5 and 7 come into force on the day after Royal Assent.

(2) Sections 1 and 4 come into force 3 months after the date of Royal Assent.

(3) Section 2 comes into force one month after the date of Royal Assent.

7 Short title

The short tile of this Act is the Housing (Scotland) Act 2024.

This bill was written by First Minister the Rt. Hon. Sir LightningMinion KT OM OM CT CT CBE, Cabinet Secretary for Housing and Local Affairs and leader of Scottish Labour, on behalf of the 22nd Scottish Government. It has been co-sponsored by the Scottish Green Party.

A formatted version of the bill may be accessed here.

The bill borrows language from the following real-life legislation: UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021, The Housing (Scotland) Act 1987 (Tolerable Standard) (Extension of Criteria) Order 2019 and Health and Care Act 2022

Opening Speech:

Presiding Officer,

This legislation implements the government's policies with regards to planning, homelessness, and the housing market.

Section 1 abolishes the right to buy. Right to buy policies have led to council homes being sold-off without replacement council houses built, leading to a depletion of social housing stock. The repeal of the right to buy now will ensure that social housing stock cannot be depleted.

Section 2 makes a number of changes to the Scottish Housing Agency. It renames it to the Scottish Housing and Planning Agency, in recognition of the fact it also deals with planning for non-residential land and properties in addition to housing developments. Section 2 also lays out the rules regulating this Agency in more detail than the Planning (Scotland) Act 2022 which originally established it did. It also explicitly allows the government to give directions to the Agency. The government plans to exercise this power to direct the Agency to identify what land currently on the green-belt should be identified as a National Scenic Area or should be protected from development, following which the government will then be able to abolish the green belt system as promised. The government also plans to exercise this power to direct the Agency to ensure that Scotland meets its target of building 240 thousand houses between 2021 and 2031, to take over control of the construction of social housing and ensure that Scotland meets its target of building 70 thousand social houses between 2021 and 2031, and to take over the administration of housing construction-related funds, such as the Affordable Housing Fund.

Section 3 ensures that the Scottish Housing Agency can make any necessary transitional provision to ensure that the coming into force of section 2 doesn't inadvertently disrupt its activities.

Section 4 amends legislation relating to housing priority lists. It ensures that those who are homeless or are at risk of homelessness, those who live in overcrowded, unsafe or otherwise poor housing conditions, and those who are already social tenants get priority when a social landlord selects a new tenant. It repeals provisions giving those who served in the armed forces priority allocation for social housing, as I do not believe that someone having served in the armed forces alone should give them priority for accessing social housing. If they are homeless or are at risk of becoming homeless, or if they live in bad housing conditions, then they will have priority; but someone who doesn't need social housing but happened to serve in the armed forces should not get priority due to that. Section 4 also defines houses without a fire detector and alarm, and houses without a carbon monoxide detector and alarm, as houses of a poor condition.

Presiding Officer, this bill will help build more affordable and social housing, and helps tackle homelessness. I commend this bill to Parliament.

Voting on this bill will end with the close of business at 10pm BST on the 20th of April 2024.

Order!

Our only item of business today is a vote on motion SM195, in the name of the Scottish Green Party. The question is that the Parliament approves the Motion to Liberate the Mace.

Motion to Liberate the Mace

That the Pàrlamaid:

recognises that—

(a) the Mace of the Scottish Parliament is an iconic tool of government in this country,

(b) the simultaneous presentation of and access to the mace is an intentional part of the symbolism of the Westminster parliament,

(c) the Scottish Mace is locked behind a glass cover,

therefore, urges the Scottish Government to—

(d) Remove the glass cover over the mace to improve the symbolism of our parliament.

**This motion was moved and written by The Most Hon. Dame Ina LG LT LP LD GCB GCMG DBE CT CVO MP FRS, the Viscountess of Carstairs Junction, on behalf of the Scottish Green Party.

Opening Speech

Oifigear-riaghlaidh,

Symbolism is of greatest importance. The symbolism of this house especially so. When I consider symbolism in this house, we are surrounded by it, but one of the greatest pieces of symbolism is that we, the members of this House, cannot ever reach the mace of this House. It is locked in place and covered by a glass cage: the powers of this mace are limited and the members of this house unable to hold onto it, if we wanted to. Now, of course, it is not the intention we do so: but in Westminster, we would be able to. The power of the Speaker is on display, but seldom used, and seldom do members challenge that power by holding on to the mace themselves. But I believe that our members, all of us in this House, should have the right to do that. To make a statement. That is important and proper in a democratic nation as Scotland.

Voting on this motion will end with the close of business at 10pm BST on the 20th of April 2024.

Order!

The second item of business is a vote on motion SM194, in the name of the Scottish Federalist Party. The question is that the Parliament approves the Scottish Energy Motion.

Scottish Energy Motion

Definitions

(1) Central Government: The central government in the United Kingdom, also commonly referred to as Her Majesty's Government, is the national government of the UK.

(2) Tidal Lagoon: An energy source that utilizes trial waves to produce energy.

(3) Scottish Parliament: the devolved government of Scotland.

This Parliament Recognises:

Under the 2019 budget central government passed legislation to build a Swansea Tidal Lagoon creating a brand new industry in the United Kingdom,

that such an industry could be valuable to Scotland as we have plenty of locations capable of such a project

This Parliament therefore resolves that:

(1) The Scottish Government should arrange a meeting with the relevant cabinet ministers to Lobby Central Government to see if such a project is viable.

(2) That the Scottish Parliament shall create a Cross-Party delegation to lobby Central Government to discuss the viability of a tidal lagoon project in Scotland.

(3) The following locations should be recommended to the Central Government are Inverness, Aberdeen, Dundee and finally Edinburgh as the best potential sites for such a project.

Source: Liberal Budget (Page 14)

This Motion was written by Adsea260 (Oracle on Discord) submitted as a motion on Behalf of the Scottish Federalist Party and shall be known as the “Scottish Energy Motion”

Opening Statement

Presiding Officer, Scotland has a historic opportunity to take advantage of our beautiful natural landscape and invest in green energy that our beautiful country already possesses through our natural borders.

Therefore we should open up discussions with the Central government to find a way forward to build such a project for the future of our planet.

We should aim to build a cross party consensus on the project both here at home at Holyrood and in the House of Commons.

Thank you Presiding Officer.

Voting on this motion will end with the close of business at 10pm BST on the 14th of April 2024.

Order!

Our only item of business today is a vote on bill on SB251, in the name of Forward. The question is that the Parliament agrees to the general principles of the Nuclear Power (Consent) (Scotland) Bill.

###Nuclear Power (Consent) (Scotland) Bill

An Act of the Scottish Parliament to automatically give consent to the construction of Nuclear Power Stations, and for connected purposes.

Section 1: Automatic Consent

(1) Any authority in Scotland with power over granting planning permission must give consent to any proposal to build nuclear power stations within Scotland, subject to section 1(3).

(2) A nuclear power station is a facility that produces electricity for public or private consumption or sale which is generated by use of a nuclear reactor.

(3) A planning authority may only withhold consent in one of the following situations:

(a) The proposed site is of significant natural, environmental, or cultural importance

(b) Granting consent to the proposed site would violate national security.

(i) This applies to both the UK’s national security and to Scotland’s national security.

(4) The Scottish Ministers may, by order in the positive procedure, add or remove exceptions to automatic consent in section 1(3).

Section 2: Short Title and Commencement

(1) This Act may be cited as the Nuclear Power (Consent) (Scotland) Act 2024

(2) This Act shall come into force immediately upon Royal Assent.

This Act was written by the Rt. Hon. Sir Frost_Walker2017, Duke of the Suffolk Coasts, as a member of Forward.

Opening Speech:

Presiding Officer,

I rise in support of this bill. As we move forward to meet our net zero goals, it is important that we decarbonise our energy network. A large portion of this will come from renewable sources, like wind, solar, or tidal generation, but I believe that this alone cannot make up for the loss of fossil fuels in our energy network.

That is where nuclear power comes in. It produces a significant amount of clean energy with a relatively limited fuel input, and in operation produces minimal carbon emissions. Nuclear energy can be used as a base for our energy network, topped up by renewables as demand rises. While this Parliament rightly does not have powers over our energy network, we are in a position where we can choose to give consent to the planning permission required to build power stations. This bill would require the relevant authorities to give consent to such construction to speed up the process and assist with the decarbonisation of the UK - and, by extension, of Scotland.

This bill is common sense. I urge members to pass it into statute.

Debate on this bill will end with the close of business at 10pm GMT on the 12th of April 2024.

Order!

Our only item of business today is a vote on motion SM193, in the name of Forward. The question is that the Parliament approves the Motion on the Beyond 16 White Paper.

###Motion on the Beyond 16 White Paper

This Parliament recognises that:

(1) The Scottish Government has pledged to implement the remaining portions of the Beyond 16 White Paper

(2) The Beyond 16 White Paper is over two years old

(3) In the time since the Beyond 16 White Paper was first published, the situation facing Scotland has drastically changed in light of the Cost of Living Crisis and the weakness of existing trade routes in light of global conflict.

This Parliament therefore calls on the government to:

(1) Not implement the remainder of the Beyond 16 White Paper

(2) Develop an alternative White Paper focused on further, higher, and adult education

(3) Put skills development at all ages at the heart of education policy

This motion was written by the Rt. Hon. Sir Frost_Walker2017, Duke of the Suffolk Coasts, as a member of Forward.

Opening Speech:

Presiding Officer,

I rise in support of this motion. It barely seems possible that it’s been two years since I introduced the Beyond 16 White Paper to the Scottish Parliament, but here we are.

It may seem difficult to believe because of everything that’s plagued mainstream politics since then. From Putin’s war of aggression in Ukraine to the conflicts bubbling in the Middle East, and the potential for an isolationist US should Trump win a second term, the past two years have seen remarkable developments that, in my view, mean the Beyond 16 White Paper is outdated.

When I wrote it, I kept a core of developing skills in mind, focusing more on the practical side of things. I firmly believe that this should remain the core of any future education white paper, though with less of a focus on technical/vocational qualifications and apprenticeships and a more general focus put across all types of education so that people can develop their soft skills and practical skills more effectively.

But the simple fact is that rather than following the ideas of one man from two years ago, the government should - as all politicians ought to, really - demonstrate a bit of ingenuity, some creativity, and develop their own strategy instead of that of an entirely different party not even in Scottish politics anymore. This could be the government’s chance to make their mark on the frontier of education, instead of just tinkering around the edge, and pursue wholesale reforms to improve the life chances of those around Scotland. Education is, after all, an engine of social mobility, and while the policies of the Beyond 16 White Paper would help out young people they were designed for the state of the world two years ago.

It’s time to move on from the past and start thinking Forward to the future. I commend this motion to the house and urge members to back it.

Debate on this motion will end with the close of business at 10pm BST on the 6th of April 2024.

Order!

Our only item of business today is a vote on bill SB250, in the name of the Scottish Green Party. The question is that this Parliament agrees to the general principles of the Alcohol (Minimum Pricing) (Scotland) Bill.

Alcohol (Minimum Pricing) (Scotland) Bill

An Act of the Scottish Parliament to make provision about the price at which alcohol may be sold from licensed premises; and for connected purposes.

Minimum price of alcohol

1 Minimum price of alcohol

(1) Alcohol must not be sold at a price below its minimum price.

(2) Where alcohol is supplied together with other products or services for a single price, subsection (1) applies as if the alcohol were supplied on its own for that price.

(3) The minimum price of alcohol is to be calculated according to the following formula—

M × S × V × 100

where—

M is the minimum price per unit,

S is the strength of the alcohol by volume, and

V is the volume of the alcohol in litres.

(4) For the purposes of subsection (3), the minimum price per unit is 65 pence.

(5) The Scottish Ministers may by regulations made in the affirmative procedure amend subsection (4) to change the minimum price per unit.

(6) In this section, "alcohol" has the same meaning as in the 2005 Act.

2 Licensing

(1) The 2005 Act is amended as follows.

(2) After paragraph 7A in schedule 3 of the 2005 Act, insert—

7B (1) Alcohol is not to be sold at a price below its minimum price.

(2) "Minimum price" is to be construed in accordance with the Alcohol (Minimum Pricing) Act 2024.

(2) After paragraph 6A in schedule 4 of the 2005 Act, insert—

6B (1) Alcohol is not to be sold at a price below its minimum price.

(2) "Minimum price" is to be construed in accordance with the Alcohol (Minimum Pricing) Act 2024.

3 Repeal

(1) The 2018 Act is repealed.

(2) For greater clarity, the enactments repealed by the 2018 Act remain repealed.

(3) In this section, "the 2018 Act" means the Abolition of Alcohol Minimum Pricing (Scotland) Act 2018 (asp 4).

Supplementary and general

4 Interpretation

In this Act, "the 2005 Act" means the Licensing (Scotland) Act 2005 (asp 16).

5 Short title

This Act may be cited as the Alcohol (Minimum Pricing) Act 2024.

6 Commencement

This Act comes into force 90 days after Royal Assent.

Legislation referenced:

• Licensing (Scotland) Act 2005 (asp 16)
• Abolition of Alcohol Minimum Pricing (Scotland) Act 2018 (asp 4)

Illustration:

• Minimum price for a standard sized (700ml) bottle of spirits at 37.5% ABV = £17.06
• Minimum price for a standard sized (750ml) bottle of wine at 12.5% ABV = £6.09
• Minimum price for a strong pint (568ml) of lager at 5% ABV = £1.85

This bill was written by the Most Hon. Lady /u/model-avtron, Marchioness Hebrides, Countess Kintyre, Baroness Tiree LT OM CT PC MSP MS MLA, Leader of the Scottish Green Party and Leader of the Opposition, on behalf of the Scottish Green Party. This bill was partially based on the Alcohol (Minimum Pricing) (Scotland) Act 2012 (asp 4).

Opening speech

Oifigear-riaghlaidh,

I move, That the Pàrlamaid agrees to the general principles of the bill.

Minimum unit pricing has never existed in Scotland. It was legislated for by the Alex Salmond government, but required a statutory instrument to come into force; no such statutory instrument was ever introduced. Indeed, the Act that legislated for MUP was repealed in 2018 by the Scottish Libertarians. Even though, generally, repealing a bill has no effect on the amendments it makes, the amendments were not put into effect because the bill making said amendments hadn't come into force.

That's why I've introduced this bill. It is textually quite similar to the repealed 2012 bill, albeit it specifies a minimum price per unit rather than getting the Scottish Ministers to do it by order.

Minimum unit pricing works. It saves lives, and stops people from falling into alcoholism. As the illustration shows, 65 pence per unit of alcohol is a fair rate that is not overly burdensome but still has effect.

I commend this bill to the Pàrlamaid.

Voting on this bill will end with the close of business on the 5th of April 2024.

Order!

Our only item of business today is a vote on motion SM192, in the name of the Scottish Green Party. The question is that the Parliament agrees to the Parliamentary Accountability Motion.

Parliamentary Accountability Motion

That the Pàrlamaid:

recognises that—

(a) parliamentary accountability is a fundamental Scottish constitutional convention;

(b) ministers are expected to answer questions posed to them in Pàrlamaid;

notes that—

(c) the Scottish Green Party asked fourteen questions to the Cabinet Secretary for Health and Wellbeing at his session of Portfolio Questions;

(d) none of these questions were answered;

(e) the Scottish Green Spokesperson for Health and Drugs Policy and the Leader of the Opposition sent a letter to the Scottish Government, requesting answers to these missed questions,

(f) the Scottish Government has, as of the 22nd of March 2024, not provided answers to these questions;

(g) the Scottish Green Party and the Scottish Conservative and Unionist Party asked eight questions to the Cabinet Secretary for Transport at their session of Portfolio Questions;

(h) none of these questions were answered;

(i) the Scottish Government has also not provided answers in a statement after the fact to these questions;

(j) all nine questions asked of the Cabinet Secretary for the Environment and Climate Change were not answered on time by the Cabinet Secretary;

therefore, urges the Scottish Government to—

(k) provide answers to the dozens of questions missed by members of the Scottish Government in recent weeks; and

(l) commit to improving their record at answering questions in the remainder of the term.

This motion was moved and written by the Most Hon. Lady /u/model-avtron, Marchioness Hebrides, Countess Kintyre, Baroness Tiree LT OM CT PC MP MSP MS MLA, Leader of the Scottish Green Party, Leader of the Opposition, on behalf of the Scottish Green Party.

Opening Speech

Oifigear-riaghlaidh,

No government is perfect. Indeed, it is often the hurdle of questions where they fall down, at least momentarily; I know this well from my time as Tòiseach. But a good government will recognise where they've gone wrong, answer the questions, and try their best to make sure it does not happen again.

The Scottish Labour—Forward government has not done any of that. The First Minister promised answers to the Health and Wellbeing Questions the better part of a week ago: as you might expect, the questions have not been answered yet.

Transport Questions are a similar story: questions from the opposition, neither answers nor accountability from the Government.

The Scottish Government has a choice to make. They can ignore this motion in the debate, vote against it, leave the questions unanswered, and continue to do the square root of nothing. Or, they can acknowledge they need to do better, answer the missed questions, and start actually working for Scotland.

I move the motion in my name. Thank you.

Voting on this motion will end with the close of business at 10pm GMT on the 30th of March 2024.

Order!

Our only item of business today is a vote on bill SB249, in the name of Forward. The question is that the Parliament agrees to the general principles of the Democracy in Schools (Repeal) (Scotland) Bill.

###Democracy in Schools (Repeal) (Scotland) Bill

An Act of the Scottish Parliament to repeal statutory provisions for democracy in schools, and for connected purposes.

Section 1: Repeals

(1) The Democracy in Schools Act 2022 is hereby repealed in full.

(2) The Democracy in Schools (Amendment) (Scotland) Act 2023 is hereby repealed in full.

Section 2: School Choice

(1) Individual schools shall be able to set their own policies with regards to democracy in schools.

(2) In this section, unless specified otherwise, ‘school’ refers to any state-funded provider of secondary level education

Section 3: Short Title and Commencement

(1) This Act may be cited as the Democracy in Schools (Repeal) (Scotland) Act 2024

(2) This Act shall come into force immediately upon Royal Assent

This Bill was written by the Rt. Hon. Sir Frost_Walker2017, Duke of the Suffolk Coasts, as a member of Forward.

Opening Speech:

Presiding Officer,

I rise in support of this bill. While I don’t necessarily disagree with the intents and aims of the original bills, having amended one and authored the other, on review I believe that being overly prescriptivist with how schools exercise their functions unnecessarily limits the creativity and ingenuity of schools. It should be up to schools to decide how best to implement things like student councils, and the powers it has.

I commend this bill to this Parliament.

Voting on this division will end with the close of business at 10pm GMT on the 29th of March 2024.

Order!

Our second item of business is a stage 3 vote on bill SB248, in the name of the 22nd Scottish Government. The question is that the Parliament agrees that the Parole Requirements (Serious Offences) (Scotland) Bill be passed.

##Parole Requirements (Serious Offences) (Scotland) Bill

An Act of the Scottish Parliament to amend the parole process to include requirements for the parole of people convicted of serious offences.

Section 1: Amendment to Parole Process

(1) The parole process shall include an evaluation of the offender’s risk to public safety, potential for rehabilitation, and willingness to actively participate in rehabilitative activities.

(2) In cases involving indictable offences punishable by a statutory penalty of or statutory maximum of imprisonment for life, not including common law offences with a theoretical maximum penalty of imprisonment for life without a maximum penalty specified in statute, the Parole Board shall impose stricter conditions for parole release, including but not limited to:

(a) Mandatory completion of rehabilitative activities, such as counselling, vocational training, or educational programs, designed to address the causes of the offence and reduce the risk of reoffending.

(b) Close monitoring and supervision during the parole period, including regular reporting to parole officers, adherence to curfews, and restrictions on contact with certain individuals or locations.

(c) Implementation of a structured post-release plan, including suitable accommodation, employment or educational opportunities, and ongoing support services.

(3) Where the Parole Board feels that the risk to the public is too great and has acted within any set guidances according to subsection 8, they shall be empowered to reject parole for the entirety of the offender’s conviction, in which —

(a) the Parole Board shall notify the official liaison on behalf of the offender of such decision.

(4) According to subsection 3, the status of the decision shall be subject to annual reviews by the Parole Board.

(5) According to subsection 3, the official liaison on behalf of the offender shall be eligible to submit an appeal against the decision.

(6) According to subsection 3, decisions by the Parole Board may be appealed within 21 days from the date the decision is issued.

(7) According to subsection 5, all requested appeals must be submitted to the Reconsideration Team and logged.

(8) The Scottish minister may by regulation set guidance for the terms of parole rejection.

(9) Regulations under subsection 8 shall be subject to negative procedure.

Section 2: Offender Rehabilitation Programs

(1) The Scottish Ministers shall allocate, at their discretion, the necessary resources to the provision of offender rehabilitation programmes, with a specific focus on the offence cited in Section 1(2).

(2) Rehabilitation programs shall be evidence-based and tailored to the individual needs of the offender, addressing factors such as violence prevention, anger management, substance abuse, and pro-social skills development.

(3) The Scottish Ministers shall collaborate with relevant agencies, non-governmental organisations, and experts to ensure the effectiveness and accessibility of rehabilitative activities.

Section 3: Commencement

(1) This act shall come into force six months after Royal Assent.

Section 4: Short Title

(1) This act may be cited as the Parole Requirements (Serious Offences) (Scotland) Act.

This bill was written by The Most Honourable u/model-willem KD KT KP OM KCT KCB CMG CBE PC MP MS MSP, MSP for Moray, Cabinet Secretary for Justice, on behalf of the 22nd Scottish Government. Based on the Parole Requirements (Serious Offences) (Wales) Bill by u/model-willem.

Opening Speech

Presiding Officer,

I am very happy to see this bill today in the Scottish Parliament, as the second step of this Government’s Plan for Prisoners. The first step ensures that the Scottish Government can make regulations about the standards of prisons. This bill wants to ensure that we take the parole process for prisoners more seriously than we have done before, which will ultimately serve these prisoners better in the future.

Something that I want to be clear about is that this bill will impose stricter rules for parole releases than we had before, which might sound harsh towards these prisoners, but on the contrary. By imposing these stricter rules we want to ensure that the people leaving Scottish prisons have an accommodation to stay in, we want to ensure that they have a system to fall back on, people who are supporting these people. But very importantly, to ensure that they have undertaken the necessary rehabilitative steps, towards a better life in the future.

This bill will only count for people who have committed serious offences, this will not count for all ‘ordinary’ prisoners, but only for the ones who have done the worst.

Debate under this bill will end with the close of business at 10pm GMT on the 11th of March 2024.

Order!

Our last item of business today is a vote on bill SB243, in the name of the 21st Scottish Government. The question is that the Parliament agrees that the Education (Scotland) Bill be passed.

Education (Scotland) Bill

An Act of the Scottish Parliament to make provision for the integration of independent schools into the state education system; to reinstate the recognition of and provide a right to education in the Gaelic language; to prohibit police from being stationed in schools; to introduce financial education and life skills education to Personal and Social Education; to introduce a new qualification in filmmaking; to introduce a right to careers advice for school leavers and for candidates; and for connected purposes.

PART 1

INTEGRATION OF INDEPENDENT SCHOOLS

1 Interpretation in Part 1

In this Part—

(1) "the 1980 Act" means the Education (Scotland) Act 1980 (c. 44).

(2) "independent school" has the same meaning as in the 1980 Act.

2 Integration of independent schools into the state education system

(1) The Scottish Ministers shall set out a timetable for all independent schools to be converted into schools run by local authorities.

(a) No primary or secondary school in Scotland, including but not limited to converted schools, shall charge for tuition

(2) All independent schools must have been converted before the beginning of the 2028/29 academic year.

(3) The Scottish Ministers shall issue funds to independent schools with which to reimburse families who had previously paid fees.

(4) The Scottish Ministers shall increase the block grant given to councils in order to pay for converted schools.

3 Individual curriculae

(1) Notwithstanding subsection 3 of section 1, and subject to the other terms of the Individual Curriculae (Scotland) Act 2023 (asp 8), converted schools may apply for plans for individual curriculae. Converted schools may apply for plans for individual curriculae, subject to the terms of theIndividual Curriculae (Scotland) Act 2023 (asp 8).

(2) Should an individual curriculum not be arranged, converted schools shall follow the Curriculum for Excellence.

PART 2

GAELIC MEDIUM EDUCATION

4 Reinstatement of Gaelic Medium Education

(1) Subsection 3 of section 3 of the Languages (Official Status) and Gaelicisation (Repeal) (Scotland) Act 2020 (asp 23) is hereby repealed, and section 1(5), sub-paragraphs (a)(iii) of the Education (Scotland) Act 1980 (1980 c. 44) are hereby reinstated.

5 Right to Gaelic Medium Education

(1) Each child enrolled or to be enrolled as a primary or secondary student with a local authority shall have a right to GME/FTMG by the date the relevant provisions of this Act come into force.

(2) Should a local authority not be able to provide GME/FTMG, it shall provide free transport services, such as but not limited to minibuses, to ensure that GME/FTMG students are able to get to and from their schools in a timely manner.

(3) In this Section, "GME/FTMG" means education in the Gaelic language.

PART 3

POLICE OFFICERS IN SCHOOLS

6 Police Officers in Schools

(1) Police Scotland shall not station any more police officers in schools in Scotland after this Act comes into force.

(2) Police Scotland and local authorities as defined in section 2 of the Local Government etc. (Scotland) Act 1994 (1994 c. 39) shall remove all police officers currently stationed in schools in Scotland by one month after this Act comes into force.

(3) This Section does not affect the power of Police Scotland to have police officers in schools for a time not extending a week, or to have police officers respond to events in schools.

(4) In this Section, “stationed” and derivatives are defined as police officers being assigned to work in a school for a period longer than one week.

PART 4

NEW QUALIFICATION IN FILMMAKING, AND REFORM TO PSE

7 Filmmaking Qualification

(1) There shall be a qualification available at National 4, National 5, and Higher levels in filmmaking.

(2) The Scottish Qualifications Authority shall lay a plan of the exact provision for this course, including the method of examination, before one year after this Act comes into force.

(3) Notwithstanding subsection (2), the Course shall cover—

(a) how films are created,

(b) cinematic techniques,

(c) basic techniques for screenwriting, and

(d) basic critical analysis skills, relating to films, including the skill of criticising candidates' own.

8 Financial Education and Life Skills in PSE

(1) PSE, both at BGE and post-BGE levels, shall cover the following, in addition to what is already covered—

(a) financial matters, including

(i) debit and credit cards,

(ii) effective budgeting,

(iii) debt,

(iv) benefits and pay, and

(v) taxation,

(b) motoring law and safe usage and navigation of public transport,

(c) human rights and rights of children,

(d) metacognition, i.e. information on how students can tailor their learning to work for them,

(e) tenant rights, and

(f) trade unions and workers' rights.

(2) In this section—

(a) "PSE" refers to personal and social education, and

(b) "BGE" and "post-BGE" refer to Broad General Education in secondary schools, i.e. S1 and S2; and the period of secondary education after that, respectively.

PART 5

CAREERS AND QUALIFICATIONS ADVICE

9 Qualifications Advice

(1) Each school shall, with assistance from the Body, provide advice to candidates for examinations at the following stages—

(a) no later than 1 month before courses are picked for National 4 and National 5 examinations, and

(b) no later than 1 month before courses are picked for Higher and Advanced Higher examinations.

10 Careers advice

(1) Every student in secondary education must receive adequate support from the Body in choosing careers pathways before they leave school.

(2) This advice shall be available from 1 year before the student intends to leave school, and until the student is 21 years of age, unless they are enrolled in a course at a university and college, or employed in full-time employment.

(3) Should a former student leave their course or job, the advice shall resume under the other conditions set out in subsection (2).

(4) The time period where careers advice may be received may be altered by the Scottish Ministers using regulations in the affirmative procedure.

11 Interpretation in Part 5

In this Part, "the Body" refers to Skills Development Scotland, a company registered in Scotland with company number SC202659, or any successors to this company.

PART 6

GENERAL

12 Commencement

This Act comes into force upon Royal Assent, with the exceptions of—

(1) Section 5, which comes into force at the beginning of the 2029/30 academic year, however it shall not apply to schooling in Orkney and Shetland, where it comes into force at the beginning of the 2031/32 academic year, and

(2) Part 4, which comes into force at the beginning of the 2024/25 academic year.

13 Short title

This Act may be cited as the Education (Scotland) Act.

This bill was written by the Most Honourable Lady /u/model-avtron, Marchioness Hebrides LT CT PC MSP MLA MS, Tòiseach na h-Alba, on behalf of the 21st Scottish Government. Part 1 was inspired by the Integration of Education (Academies and Private Schools) Act 2022, and the list in section 7 was based off the list from the Integration of Education (Academies and Private Schools) Act 2022.

Opening Speech

Oifigear-riaghlaidh,

I am proud to present this bill today to this Parliament.

Our Programme for Government included numerous commitments regarding education. I am proud to be achieving many of them with this bill.

Firstly, this bill abolishes independent schools in Scotland. Although not part of the Programme for Government, this is a key stepping stone to closing the attainment gap and reducing classism in Scottish society. Just because someone’s parents decided to put tens of thousands of pounds towards their education doesn’t make them any smarter or better, and this will ensure that Scots who can’t afford those extortionate fees will still be able to send their children to good schools.

Secondly, we reinstate recognition of Gaelic Medium Education. This repeals a provision from the Languages (Official Status) etc. Act of 2020, meaning that Gaelic Medium Education is considered, well, education. We also establish a right to Gaelic language education, but with an achievable and reasonable timescale.

Thirdly, we abolish the practice of police officers in schools. Having police officers in schools, especially schools in deprived areas, can cause over-criminalisation, and students being handcuffed, not given the mental health and/or behavioural support they need. The Counselling (Schools) (Scotland) Act legislates for counselling; and this bill completes the puzzle.

Fourthly, we establish a new qualification in filmmaking, at National 4, National 5 and Higher levels. Filmmaking is incredibly enjoyable, but it can also be a lucrative career. We must ensure that Scotschildren are able to follow this career path, and now they will be able to. Another Programme for Government commitment completed.

Fifthly, we make some minor reforms to Personal and Social Education, or PSE. Right now PSE mostly focuses on relationships and sex education, global citizenship, and behavioural matters. All that will continue, but we will also add elements of financial education, as well as metacognition (learning how to learn, essentially), and motoring law and navigation of Scotland’s wonderful public transport system. Another PfG commitment done right there.

Lastly, we establish a right to careers and qualification advice. Whilst most schools do already give qualifications advice, this sets a legal right to it, ensuring that every single student receives the advice they need to pick their subjects. We also institute a right to careers advice, before a student leaves school, but more importantly, until they are 21, i.e. between 5 years for those leaving at 16, and 3 for those leaving at 18, except for those at uni or in a full-time job. This means that former students feeling a bit lost will still be able to get the help they need from Skills Development Scotland. Yet another PfG commitment.

I commend this bill, Oifigear-riaghlaidh, and hope that it passes into law.

Voting on this bill will end with the close of business at 10pm GMT on the 26th of February.

Order!

Our next item of business today is a vote on bill SB247, in the name of the 22nd Scottish Government. The question is that the Parliament agrees the Minimum National Standards for Prisons (Scotland) Bill be passed.

Members are to vote 'for', 'against', or 'abstain' only.

##Minimum National Standards for Prisons (Scotland) Bill

An Act of the Scottish Parliament to make minimum national standards for Scottish prisons.

Section 1: Requirements for governors

(1) In making decisions about the operation of the prison the governor must uphold the minimum national standards set out in regulations under section 2.

Section 2: Minimum National Standards

(1) The Scottish Ministers may make regulations on the Minimum National Standards as set out in subsection 3.

(2) The regulations may amend this section of this Act.

(3) The regulations shall contain provisions related to—

(a) the actual surface area per prisoner; and

(b) the total capacity of a prison; and

(c) religious observance; and

(d) gender; and

(e) work; and

(f) education; and

(g) libraries; and

(h) communications; and

(i) physical welfare; and

(j) mental welfare; and

(k) medical services.

(4) Regulations under subsection 3 shall be subject to negative procedure.

Section 3: Commencement

(1) This act shall come into force upon receiving Royal Assent.

Section 4: Short Title

(1) This act may be cited as the Minimum National Standards for Prisons (Scotland) Act.

This bill was written by The Most Honourable u/model-willem KD KT KP OM KCT KCB CMG CBE PC MP MS MSP, MSP for Moray, Cabinet Secretary for Justice, on behalf of the 22nd Scottish Government. Based on the Prisons Act 2019 by u/LeChevalierMal-Fait.

Presiding Officer,

The Act that this bill is based on ensured that the UK Secretary of State is able to create minimum national standards for the way that prisons in England are run, but Scotland did not follow this creation when it was done in England in 2019. By putting this Act forward the Scottish Government can make regulations about the standards that we feel are necessary for Scottish prisons to provide the best possible care for its inmates. The eleven subjects that the standards can be about can improve the lives of inmates in Scottish prisons for the better and therefore I urge all members to support these measures.

This Bill is the first step in this Government’s Plan for Prisoners, which is all about making sure that the people who are in Scottish prisons are protected better, have better access to educational and healthcare facilities, that we take their parole more seriously than before. Our plan means that there’s a better future for Scottish inmates than there was before.

Voting will end with the close of business at 10pm GMT on the 26th of February 2024.

Order!

Our only item of business today is a vote on bill SB248, in the name of the 22nd Scottish Government. The question is whether the Parliament approves the general principles of the Parole Requirements (Serious Offences) (Scotland) Bill.

##Parole Requirements (Serious Offences) (Scotland) Bill

An Act of the Scottish Parliament to amend the parole process to include requirements for the parole of people convicted of serious offences.

Section 1: Amendment to Parole Process

(1) The parole process shall include an evaluation of the offender’s risk to public safety, potential for rehabilitation, and willingness to actively participate in rehabilitative activities.

(2) In cases involving indictable offences punishable by a statutory penalty of or statutory maximum of imprisonment for life, not including common law offences with a theoretical maximum penalty of imprisonment for life without a maximum penalty specified in statute, the Parole Board shall impose stricter conditions for parole release, including but not limited to:

(a) Mandatory completion of rehabilitative activities, such as counselling, vocational training, or educational programs, designed to address the causes of the offence and reduce the risk of reoffending.

(b) Close monitoring and supervision during the parole period, including regular reporting to parole officers, adherence to curfews, and restrictions on contact with certain individuals or locations.

(c) Implementation of a structured post-release plan, including suitable accommodation, employment or educational opportunities, and ongoing support services.

(3) Where the Parole Board feels that the risk to the public is too great and has acted within any set guidances according to subsection 8, they shall be empowered to reject parole for the entirety of the offender’s conviction, in which —

(a) the Parole Board shall notify the official liaison on behalf of the offender of such decision.

(4) According to subsection 3, the status of the decision shall be subject to annual reviews by the Parole Board.

(5) According to subsection 3, the official liaison on behalf of the offender shall be eligible to submit an appeal against the decision.

(6) According to subsection 3, decisions by the Parole Board may be appealed within 21 days from the date the decision is issued.

(7) According to subsection 5, all requested appeals must be submitted to the Reconsideration Team and logged.

(8) The Scottish minister may by regulation set guidance for the terms of parole rejection.

(9) Regulations under subsection 8 shall be subject to negative procedure.

Section 2: Offender Rehabilitation Programs

(1) The Scottish Ministers shall allocate, at their discretion, the necessary resources to the provision of offender rehabilitation programmes, with a specific focus on the offence cited in Section 1(2).

(2) Rehabilitation programs shall be evidence-based and tailored to the individual needs of the offender, addressing factors such as violence prevention, anger management, substance abuse, and pro-social skills development.

(3) The Scottish Ministers shall collaborate with relevant agencies, non-governmental organisations, and experts to ensure the effectiveness and accessibility of rehabilitative activities.

Section 3: Commencement

(1) This act shall come into force six months after Royal Assent.

Section 4: Short Title

(1) This act may be cited as the Parole Requirements (Serious Offences) (Scotland) Act.

This bill was written by The Most Honourable u/model-willem KD KT KP OM KCT KCB CMG CBE PC MP MS MSP, MSP for Moray, Cabinet Secretary for Justice, on behalf of the 22nd Scottish Government. Based on the Parole Requirements (Serious Offences) (Wales) Bill by u/model-willem.

S1 Debate

Opening Speech

Presiding Officer,

I am very happy to see this bill today in the Scottish Parliament, as the second step of this Government’s Plan for Prisoners. The first step ensures that the Scottish Government can make regulations about the standards of prisons. This bill wants to ensure that we take the parole process for prisoners more seriously than we have done before, which will ultimately serve these prisoners better in the future.

Something that I want to be clear about is that this bill will impose stricter rules for parole releases than we had before, which might sound harsh towards these prisoners, but on the contrary. By imposing these stricter rules we want to ensure that the people leaving Scottish prisons have an accommodation to stay in, we want to ensure that they have a system to fall back on, people who are supporting these people. But very importantly, to ensure that they have undertaken the necessary rehabilitative steps, towards a better life in the future.

This bill will only count for people who have committed serious offences, this will not count for all ‘ordinary’ prisoners, but only for the ones who have done the worst.

Debate under this bill will end with the close of business at 10pm GMT on the 23rd of February 2024.

Order!

Our only item of business today is a debate on bill SB247, in the name of the 22nd Scottish Government. The question is whether the Parliament approves the general principles of the Minimum National Standards for Prisons (Scotland) Bill.

##Minimum National Standards for Prisons (Scotland) Bill

An Act of the Scottish Parliament to make minimum national standards for Scottish prisons.

Section 1: Requirements for governors

(1) In making decisions about the operation of the prison the governor must uphold the minimum national standards set out in regulations under section 2.

Section 2: Minimum National Standards

(1) The Scottish Ministers may make regulations on the Minimum National Standards as set out in subsection 3.

(2) The regulations may amend this section of this Act.

(3) The regulations shall contain provisions related to—

(a) the actual surface area per prisoner; and

(b) the total capacity of a prison; and

(c) religious observance; and

(d) gender; and

(e) work; and

(f) education; and

(g) libraries; and

(h) communications; and

(i) physical welfare; and

(j) mental welfare; and

(k) medical services.

(4) Regulations under subsection 3 shall be subject to negative procedure.

Section 3: Commencement

(1) This act shall come into force upon receiving Royal Assent.

Section 4: Short Title

(1) This act may be cited as the Minimum National Standards for Prisons (Scotland) Act.

This bill was written by The Most Honourable u/model-willem KD KT KP OM KCT KCB CMG CBE PC MP MS MSP, MSP for Moray, Cabinet Secretary for Justice, on behalf of the 22nd Scottish Government. Based on the Prisons Act 2019 by u/LeChevalierMal-Fait.

Presiding Officer,

The Act that this bill is based on ensured that the UK Secretary of State is able to create minimum national standards for the way that prisons in England are run, but Scotland did not follow this creation when it was done in England in 2019. By putting this Act forward the Scottish Government can make regulations about the standards that we feel are necessary for Scottish prisons to provide the best possible care for its inmates. The eleven subjects that the standards can be about can improve the lives of inmates in Scottish prisons for the better and therefore I urge all members to support these measures.

This Bill is the first step in this Government’s Plan for Prisoners, which is all about making sure that the people who are in Scottish prisons are protected better, have better access to educational and healthcare facilities, that we take their parole more seriously than before. Our plan means that there’s a better future for Scottish inmates than there was before.

Link to S1 Debate

This vote will end with the close of business at 10pm GMT on the 16th of February 2024.

Order!

We now move to a vote on motion SM191, in the name of Maroiogog MSP. Our only item of business today is a debate on motion SM191, in the name of Maroiogog MSP. The question is whether the Parliament gives legislative consent to the Telecommunications (Devolved Providers) Act 2023.

#Telecommunications (Devolved Providers) Legislative Consent Motion

This house resolves that

(1) All provisions of the Telecommunications (Devolved Providers) Act 2023 which apply to Scotland shall come into force.

This Motion was Presented by His Grace the Duke of Kearton (Sir u/Maroiogog) as a private member’s motion

Presiding Office,

The Telecommunication (Devolved Providers) Act 2023 was recently passed in Westminster and simply amends the Scotland Act to allow for the establishment of a devolved communications provider should we decide to do so under the terms of the Telecommunication Act 2023. I believe we should give ourselves the ability to do so to safeguard the citizens of Scotland should the offerings of other communication providers not be able to meet their needs, especially in the more rural areas around the borders region and in the Highlands.

Members are reminded to vote 'for', 'against', or 'abstain' only.

This vote will end with the close of business at 10pm GMT on the 10th of February 2024.

From last term.

Order!

Our first item of business today is a vote on motion SM189, in the name of Independence Now! The question is whether the Parliament approves the Motion for an Independence Referendum.

###Motion for an Independence Referendum

The Scottish Parliament notes that:

(1) At the last election to the Scottish Parliament, the largest party was the Scottish National Party.

(2) At the last election to the Westminster Parliament, the largest party in Scotland was the Scottish National Party.

(3) It is clear that there is support in Scotland for an Independent Scotland.

(4) Since taking office, the Scottish National Party has done nothing to work towards an Independent Scotland nor a Independence Referendum.

The Scottish Parliament resolves that:

(1) A Referendum should be called that concerns the question of an Independent Scotland.

(2) The Scottish Government must work to deliver this.

This motion was written by Muffin5136 of Independence Now!

Opening Speech:

Presiding Officer,

I found myself disgusted when listening to the most recent session of First Minister’s Questions, where the First Minister firstly dodged questions pertinent to Scottish Independence and secondly refused to commit to Scottish Independence.

The Scottish people have made it clear that they are tired of being failed by Westminster, as most notably seen by the failure across two terms now for a settlement to be reached on the matter of the block grant. As First Minister I sought to achieve this, but the duplicitous Conservative Chancellor in Westminster went back on their promises to deliver a lasting block grant settlement for Scotland.

It is time Scotland stood on her own two feet, and it is clear that this is the will of the people of our fine nation.

I call upon this Parliament to back the will of the Scottish people and allow a Referendum to be held on the matter of Scottish Independence.

Members are reminded to vote 'for', 'against', or 'abstain' only.

This vote will end with the close of business at 10pm GMT on the 10th of February 2024.

Order, order!

Our last item of business today is a Stage 3 Vote on SB246, in the name of the 21st Scottish Government. The question is that this Parliament approves the general principles of the Climate Change (Amendment) (Scotland) Bill.

Climate Change (Amendment) (Scotland) Bill

An Act of the Scottish Parliament to amend the Climate Change (Scotland) Act 2020, and for connected purposes.

1 Carbon neutrality target date

In subsection (1) of section 2 of the principal Act, the date "1st April 2050" is omitted, and replaced with the date "1st April 2038".

2 Climate Change Research Fund

In section 5 of the principal Act—

(1) After subsection (4), insert—

"(5) The Research Fund Board shall publish biannual reports on its activities."

(2) In subsection (4), the amount "£50 million" is omitted, and replaced with the amount "£75 million".

3 Interpretation

In this Act, the "principal Act" refers to the Climate Change (Scotland) Act 2020.

4 Commencement

(1) This Act comes into force immediately after Royal Assent.

(2) Subsection (1) of this section does not apply to subsection (2) of section 2, which will come into force upon the Royal Assent of a Budget Act.

5 Short title

This Act may be cited as the Climate Change (Amendment) (Scotland) Act.

This Bill was written by the Most Hon. Lady /u/model-avtron, Marchioness Hebrides LT CT PC MSP MLA MS, Tòiseach na h-Alba, on behalf of the 21st Scottish Government.

Opening Speech

Oifigear-riaghlaidh,

This Act may be short, but it is of paramount importance.

Climate change is an extremely serious issue, and the largest threat to our way of life, and humanity as a whole.

The effects of climate change can be felt across the entire world, but also of course here too.

We saw horrifying effects from Storm Babet last month here, with multiple Scots dead. These incidents are tragic, and whilst storms are of course an inevitability, climate change is a compounding factor in making these freak weather events more frequent and deadly.

My Government’s plan is to accelerate our path towards Net Zero carbon emissions by twelve whole years. We believe this to be equally achievable and optimistic. We need to ensure that future generations have an earth to live on, and I see no reason why we must wait until 2050.

We also add an extra £25,000,000 to the statutory minimum of the funding level of the Climate Change Research Fund, to ensure that future Scottish Governments can’t just ignore the climate crisis, but must invest in new and innovative ways to reduce Scotland’s climate emissions.

I commend this bill, and move that this Pàrlamaid agrees to the general principles of this bill.

Voting will end with the close of business at 10pm GMT on the 5th of Feburary 2024. Members are to vote 'for', 'against', or 'abstain' only.

Order!

We move to a vote on SM190, in the name of the Scottish Green Party. The question is whether this Parliament approves the Hebrides, Clyde, and Northern Isles Ferry Services Motion.

Hebrides, Clyde, and Northern Isles Ferry Services Motion

That the Pàrlamaid:

recognises that—

(a) ferries across Scotland are nearing the end of lives, especially in the Hebrides, Clyde, and the Northern Isles;

(b) the current structure of ferry companies is overly bureaucratic and complex, creating a disconnect in the Hebrides and Clyde especially between the operator of ferries, CalMac Ferries Ltd. (CFL), and the owner of the ferries themselves, as well as other infrastructure, Caledonian Maritime Assets Ltd. (CMAL);

(c) this structure of having was created in response to European Commission state aid for maritime transport rules, which no longer apply to Scotland since the United Kingdom’s withdrawal from the European Union;

(d) after this withdrawal, there is precedent for creating state owned enterprises that would have violated these state aid rules, specifically with British Rail;

(e) CFL’s £975 million contract for Clyde and Hebrides Ferry Services (CHFS) expires in September of this year;

(f) Serco NorthLink Ferries’ (SNLF) contract for Northern Isles Ferry Services (NIFS) expires in June 2026;

therefore, urges the Scottish Government to—

(g) re-establish Caledonian MacBrayne Ltd., abolished in 2006, as a limited company owned by the executive non-departmental public body David MacBrayne, through merging CFL and CMAL;

(h) not extend the NIFS contract by an extra two years;

(i) use this new company to take over the CHFS and NIFS contracts when the contracts with CFL and SNLF, respectively, expire;

(j) continue with the plan for Road Equivalent Tariff, as set out in the Scottish Ferry Services: Ferries Plan document, and expand it from only routes to the Outer Hebrides, Coll, and Tiree; to all routes in the CHFS and NIFS networks, however limit it to only residents of islands and bordering mainland areas; and

(k) instruct CMAL/Caledonian MacBrayne to procure two new ferries for the Outer Hebrides, specifically the Uig to Lochmaddy/Tarbert route to replace MV Hebrides, and to procure two more ferries for Islay, on the Kennacraig to Port Askaig/Port Ellen route.

This motion was written by the Most Honourable Lady /u/model-avtron, Marchioness Hebrides LT CT PC MSP, Member for na h-Eileanan an Iar, Leader of the Scottish Green Party and the Opposition, on behalf of the Scottish Green Party.

Opening Speech

Oifigear-riaghlaidh,

As an MSP for an island community, I have seen first hand the impact, both good and bad, that bureaucratic decisions can have in relation to ferries. CalMac and NorthLink are woven into island life, but recent problems have turned island pride to island embarrassment.

To put the situation in the words of Barrach maritime trade unionist Michael A MacLeod, writing for the Republican Socialist Platform’s Heckle:

It used to be a source of pride to say I worked for Caledonian MacBrayne, an integral part of Hebridean life,

He moves on to say:

Every vessel within CalMac is doing more work than they did a decade ago. Sailings have increased to accommodate increased demand, but this has the effect of cutting the time it is possible to carry out maintenance on vessels.

Successive Scottish Governments — in every colour of the rainbow — have either ignored the issue, or made it worse. Whilst I acknowledge that our predecessor party, the SNP, has made strides, especially with our Essential Ferry Services Act, we are also responsible for at least a portion of the situation: Alex Salmond’s Government’s push for Road Equivalent Tariff was, in equal parts, noble and damaging: it made ferry services significantly cheaper for Islanders, but also brought masses of tourists to the isles, which put strain on local infrastructure.

This motion, I hope, will send a message to the Scottish Government of today: that islanders deserve better, and a ferry service that isn’t bogged down by bureaucratic structures. That islanders want cheaper travel, but not an influx of tourists. That islanders need new ferries to replace ones that are two and a half decades old.

I move the Motion in my name; thank you.

Voting will end at 10pm GMT on the 3rd of February 2024. Members are to vote for, against, or abstain only.

Order, order!

We now come to a vote on the First Minister of Scotland in the fourteenth Scottish Parliament.

There are three candidates standing and members may also choose to vote to 'Re-Open Nominations'.

The candidates are:

• /u/LightningMinion MSP (Scottish Labour Party, Kirkcaldy)

• /u/model-avtron MSP (Scottish National Party, Na h-Eileanan an Iar)

• /u/Muffin5136 MSP (Independence Now!, Caithness, Sutherland and Ross)

Members should rank the candidates in order of their preference. The candidate they most want to be the First Minister should be ranked '1', the second most, '2', and so forth. Candidates need not give any preferences after voting to Re-Open Nominations (RON).

Votes will be accepted provided they are a clear expression of preference, but it is preferred they are ranked as a list:

1. Person X

2. Person Y

3. RON

This vote will end with the close of business at 10pm GMT on the 18th of January 2023.

Winter 2023 Budget

Order, order!

Our only item of business today is the vote on the 21st Scottish Government's Budget.

Your vote will be the same on all four pieces of business; i.e., by voting 'for', you are voting for the Budget Bill, the Aggregates Bill, the Rate Resolution, and the Taxes Order.

Legislation and Documents

Unlike in Westminster, where a single Finance Bill makes all the necessary changes to the law as required, the Scottish Parliament uses multiple items of legislation to enact its budget, which are as follows:

• SB244 | Budget (Scotland) (No. 2) Bill

The Budget (Scotland) (No. 2) Bill gives the Scottish Government (and other bodies) the authority to spend money from the Scottish Consolidated Fund. The Bill also makes emergency provision to be used in the event that, in the next financial year, there is no Budget Bill.

• SB245 | Aggregates Levy (Scotland) Bill

This is an additional bill that creates a new tax.

• SM188 | Scottish Rate Resolution

The Scottish Rate Resolution, if agreed, determines the rates and bands of income tax which are to apply in Scotland for the next financial year.

• SSI 2023/3 | Taxes (Scotland) Order

The Taxes (Scotland) Order adjusts various taxes.

The Cabinet Secretary has also provided the following documents to aid reading of the budget:

• The Winter Budget Tables

• The Winter Budget Report

This Budget was written by the Most Honourable Lady /u/model-avtron, Marchioness Hebrides LT CT PC MSP MLA MS, Tòiseach na h-Alba, Cabinet Secretary for Finance and the Economy, on behalf of the 21st Scottish Government and the Scottish National Party. It was additionally cosponsored by Forward and the Scottish Labour Party. Thanks are given to /u/model-kurimizumi for assistance in costing some items.

Opening Speech

Oifigear-riaghlaidh,

This budget makes multiple incredibly important changes to the Scottish economy.

Starting with what remains the same. There is no change to the Block Grant, or the Short Term Funds the last Government utilised. This was after discussions with Westminster, both pre and post election. We hope that the new Government, with hopefully more time between elections, will negotiate a permanent solution.

Moving on to income tax. We have created a progressive system that ensures the best off in Scottish society pay their fair share. Bands have, however, remained the same.

Moving on to the Land and Buildings Transaction Tax. Except — you won’t find it anywhere. This Government has abolished it, in favour of an expansion of Land Value Tax — ensuring that Scots aren’t burdened when they sell their homes.

We have merged the residential and non residential rates of LVT too, ensuring that if someone, say, wanted to convert a house into a hairdressers, they could, without paying a single penny in extra taxes.

We have also created a new Scottish Aggregates Levy, under the powers given to the Scottish Government by the Scotland Act 2016. Its rate remains the same as the British Aggregates Levy.

Notable items of expenditure: starting off, millions extra for Gaelic, and all new Scots language programmes. A new Skills Grant, worth over £50 million.

Millions for flood prevention. Hundreds of millions for a Just Transition. Over £50 million to resolve the RAAC crisis.

A Glasgow Airport Rail Link, ensuring that Weegies can get to their flight on time, and in an environmentally conscious way, too. A £30 million decarbonisation fund. Nearly £90 million for rail capacity expansion. A massive £300 million to completely phase out diesel buses by Net Zero. More than £200 million extra for housing per year.

An £11 million pay rise for NHS staff. Double funding for new GP practices.

The best part of £400 million for our judiciary and legal aid system to recover from its critical underfunding last time around.

I could say so much more. But I hope this budget speaks for itself.

downs 750ml glass bottle of IRN-BRU 1901.

Voting will conclude with the close of business at 10pm GMT on the 30th of November.

Order!

We now move to a Stage 3 Vote on SB242, in the name of the 21st Scottish Government. The question is whether this Parliament approves the Patients (Scotland) Bill.

Patients (Scotland) Bill

An Act of the Scottish Parliament to establish the office of Patient Safety Commissioner for Scotland, and for connected purposes.

Commissioner

1 Patient Safety Commissioner for Scotland

(1) The office of Patient Safety Commissioner for Scotland is established.

2 Functions

(1) The Commissioner's functions are—

(a) to advocate for systematic improvement to safety in healthcare, and

(b) to promote the importance of the views of patients and other members of the public in relation to safety in healthcare.

(2) The Commissioner shall not—

(a) make awards, or provide any other form of redress, for harms suffered,

(i) The Commissioner may, however, recommend redress, in reports of formal investigations under section 5.

(b) opine on the action that another person ought to take, or any matter outwith the functions given in subsection (1), in respect of an individual in light of a past incident.

(3) Nothing in subsection (2) precludes the Commissioner from investigating past incidents in order to inform the actions that the Commissioner, and others, may take to effect systemic improvement in the safety of health care.

Charter

3 Patient Safety Charter

(1) The Commissioner shall—

(a) maintain a Charter, and

(b) make the latest version of the Charter publicly available

(2) The Charter shall—

(a) set out what the Commissioner expects of health care providers in terms of standards and best practice. and

(b) make provision in relation to the way health care providers engage with patients and their families.

(3) The Commissioner shall take the Charter into account when considering a health care provider’s handling of an incident.

Formal investigations

4 Initiation of formal investigations

(1) The Commissioner may investigate healthcare providers.

(2) An investigation shall be considered a formal investigation should a report be issued under the conditions in section 5.

(3) As soon as practicable after making a formal investigation’s terms of reference publicly available, the Commissioner must take reasonable steps to bring them to the attention of any person who, in the Commissioner’s opinion, is likely to be required to submit information, or who recommendations are addressed too.

(3) Nothing in this section precludes the Commissioner from investigating an issue otherwise than by way of a formal investigation.

(4) The Commissioner may not investigate individuals or providers if they believe an investigation would obstruct a formal police investigation.

*5 Reports on formal investigations

(1) Having concluded a formal investigation, the Commissioner shall—

(a) prepare a report on the investigation, and

(b) lay this report before the Scottish Parliament.

(2) The report must state—

(a) the Commissioner’s findings in relation to the issue investigated and the reasons for them, and

(b) the Commissioner’s recommendations in light of those findings.

(3) The Commissioner must give a copy of the report to any person to whom a recommendation in the report is addressed.

(4) Should a person be issued recommendations in a report, they shall be required to respond within 180 days of the report's publication.

(a) The Commissioner shall publicise all responses, as well as failures to respond.

6 Power to require information

(1) The Commissioner may require a person to which 4(3) applies to supply the Commissioner with information that—

(a) is in the person’s possession or control,

(b) may be relevant to the work of the Commissioner,

(c) is not information of a kind that the Commissioner is prohibited by subsection (2) from requiring the person to supply.

(2) The following are the kinds of information that the Commissioner is prohibited from requiring a person to supply under this section—

(a) information that the person would be entitled to refuse to provide in proceedings in a court in Scotland,

(b) information about an individual (whether or not it is anonymised).

(3) The Commissioner may report the failure to report to the Court of Session.

(4) After receiving a report under subsection (3), and hearing any evidence or representations on the matter, the Court shall treat the matter as if it were a contempt of court.

Final provisions

*7 Interpretation

In this Act—

“Commissioner” means the Patient Safety Commissioner for Scotland, and

“patient” is to be construed in accordance with the National Health Service (Scotland) Act 1978 (c. 29).

8 Commencement

This Act comes into force on the day of Royal Assent.

9 Short title

The short title of this Act is the Patients (Scotland) Act.

This Bill was written by the Most Hon /u/model-avtron, Marchioness Hebrides LT CT PC MSP MLA MS, Tòiseach na h-Alba, on behalf of the 21st Scottish Government and the Scottish National Party, having been co-sponsored by Forward. It was mostly based on the real life Patients Safety Commissioner for Scotland Act.

Opening speech

Oifigear-riaghalaidh,

I speak today in support of this bill. Patients are a key part of the healthcare process, yet their voices are often not heard in healthcare. This is why we need someone to speak up on behalf of patients: and that is what this bill does.

A Patient Safety Commissioner is someone who would be able to stand up for patients and fight their corner. Systematic failures in healthcare, both in the past and present, are all too common; an official who is dedicated to avoiding that and reporting on injustices in the past is crucial.

The PSC would be able to recommend redress, and formally investigate healthcare providers, both private sector and NHS Scotland, with the power to obtain information from people involved. This bill also creates a Charter for Scottish Patients, ensuring that healthcare providers have a clear, official reference for best practice and national standards.

I commend this bill.

Voting on this bill will end at 10pm GMT. Members are to vote for, against, or abstain only.

Order!

We move to a vote on SM185, in the name of the 21st Scottish Government. The question is whether this Parliament approves the Reorganisation of the Scottish Administration.

Motion to approve the Reorganisation of the Scottish Administration

This Pàrlamaid notes that—

(1) The Scottish Government submitted Reorganisation of the Scottish Administration: A Green Paper for debate to Pàrlamaid on the 9th of November.

(2) Reorganisation of the Scottish Administration was a Programme for Government commitment.

Therefore, this Pàrlamaid approves—

(1) The plan to merge directorates, ministerial portfolios, and executive agencies as per the aforementioned Green Paper.

This motion was written by the Most Hon Lady /u/model-avtron, Marchioness Hebrides LT CT PC MSP MLA MS, Tòiseach na h-Alba, on behalf of the 21st Scottish Government

Opening Speech

Oifigear-riaghlaidh,

I will be brief, as I have already made a statement to Pàrlamaid on this topic, and only so much can be said on what is a boring bureaucratic matter.

This reorganisation will enable a smoother, more effective government allowing Cabinet Secretaries to work in tandem, but independently, with civil servants.

It is similar to the system in the UK as a whole and in fact much of the world, where ministerial positions correspond to bureaucratic offices.

I commend this motion.

Voting will end at 10pm GMT on the 26th of November 2023. Members are to vote for, against, or abstain only.

Order!

Our first item of business today is a Stage 1 Vote on SB244, in the name of the 21st Scottish Government. The question is whether this Parliament approves the general principles of the Climate Change (Scotland) Bill.

Climate Change (Amendment) (Scotland) Bill

An Act of the Scottish Parliament to amend the Climate Change (Scotland) Act 2020, and for connected purposes.

1 Carbon neutrality target date

In subsection (1) of section 2 of the principal Act, the date "1st April 2050" is omitted, and replaced with the date "1st April 2038".

2 Climate Change Research Fund

In section 5 of the principal Act—

(1) After subsection (4), insert—

"(5) The Research Fund Board shall publish biannual reports on its activities."

(2) In subsection (4), the amount "£50 million" is omitted, and replaced with the amount "£75 million".

3 Interpretation

In this Act, the "principal Act" refers to the Climate Change (Scotland) Act 2020.

4 Commencement

(1) This Act comes into force immediately after Royal Assent.

(2) Subsection (1) of this section does not apply to subsection (2) of section 2, which will come into force upon the Royal Assent of a Budget Act.

5 Short title

This Act may be cited as the Climate Change (Amendment) (Scotland) Act.

This Bill was written by the Most Hon. Lady /u/model-avtron, Marchioness Hebrides LT CT PC MSP MLA MS, Tòiseach na h-Alba, on behalf of the 21st Scottish Government.

Opening Speech

Oifigear-riaghlaidh,

This Act may be short, but it is of paramount importance.

Climate change is an extremely serious issue, and the largest threat to our way of life, and humanity as a whole.

The effects of climate change can be felt across the entire world, but also of course here too.

We saw horrifying effects from Storm Babet last month here, with multiple Scots dead. These incidents are tragic, and whilst storms are of course an inevitability, climate change is a compounding factor in making these freak weather events more frequent and deadly.

My Government’s plan is to accelerate our path towards Net Zero carbon emissions by twelve whole years. We believe this to be equally achievable and optimistic. We need to ensure that future generations have an earth to live on, and I see no reason why we must wait until 2050.

We also add an extra £25,000,000 to the statutory minimum of the funding level of the Climate Change Research Fund, to ensure that future Scottish Governments can’t just ignore the climate crisis, but must invest in new and innovative ways to reduce Scotland’s climate emissions.

I commend this bill, and move that this Pàrlamaid agrees to the general principles of this bill.

Debate on this bill will end at 10pm GMT on the 26th of November 2023. Members are reminded to vote for, against, or abstain only.

Order!

We turn now to vote on SB243, in the name of the 21st Scottish Government. The question is whether this Parliament approves of the general principles of the Education (Scotland) Bill.

Education (Scotland) Bill

An Act of the Scottish Parliament to make provision for the integration of independent schools into the state education system; to reinstate the recognition of and provide a right to education in the Gaelic language; to prohibit police from being stationed in schools; to introduce financial education and life skills education to Personal and Social Education; to introduce a new qualification in filmmaking; to introduce a right to careers advice for school leavers and for candidates; and for connected purposes.

PART 1

INTEGRATION OF INDEPENDENT SCHOOLS

1 Interpretation in Part 1

In this Part—

(1) "the 1980 Act" means the Education (Scotland) Act 1980 (c. 44)](https://www.legislation.gov.uk/ukpga/1980/44/section/135).

(2) "independent school" has the same meaning as in the 1980 Act.

2 Integration of independent schools into the state education system

(1) The Scottish Ministers shall set out a timetable for all independent schools to be converted into schools run by local authorities.

(a) No primary or secondary school in Scotland, including but not limited to converted schools, shall charge for tuition

(2) All independent schools must have been converted before the beginning of the 2028/29 academic year.

(3) The Scottish Ministers shall issue funds to independent schools with which to reimburse families who had previously paid fees.

(4) The Scottish Ministers shall increase the block grant given to councils in order to pay for converted schools.

3 Individual curriculae

(1) Notwithstanding subsection 3 of section 1, and subject to the other terms of the Individual Curriculae (Scotland) Act 2023 (asp 8), converted schools may apply for plans for individual curriculae.

(2) Should an individual curriculum not be arranged, converted schools shall follow the Curriculum for Excellence.

PART 2

GAELIC MEDIUM EDUCATION

4 Reinstatement of Gaelic Medium Education

(1) Subsection 3 of section 3 of the Languages (Official Status) and Gaelicisation (Repeal) (Scotland) Act 2020 (asp 23) is hereby repealed, and section 1(5), sub-paragraphs (a)(iii) of the Education (Scotland) Act 1980 (1980 c. 44 are hereby reinstated.

5 Right to Gaelic Medium Education

(1) Each child enrolled or to be enrolled as a primary or secondary student with a local authority shall have a right to GME/FTMG by the date the relevant provisions of this Act come into force.

(2) Should a local authority not be able to provide GME/FTMG, it shall provide free transport services, such as but not limited to minibuses, to ensure that GME/FTMG students are able to get to and from their schools in a timely manner.

(3) In this Section, "GME/FTMG" means education in the Gaelic language.

PART 3

POLICE OFFICERS IN SCHOOLS

6 Police Officers in Schools

(1) Police Scotland shall not station any more police officers in schools in Scotland after this Act comes into force.

(2) Police Scotland and local authorities as defined in section 2 of the Local Government etc. (Scotland) Act 1994 (1994 c. 39) shall remove all police officers currently stationed in schools in Scotland by one month after this Act comes into force.

(3) This Section does not affect the power of Police Scotland to have police officers in schools for a time not extending a week, or to have police officers respond to events in schools.

(4) In this Section, “stationed” and derivatives are defined as police officers being assigned to work in a school for a period longer than one week.

PART 4

NEW QUALIFICATION IN FILMMAKING, AND REFORM TO PSE

7 Filmmaking Qualification

(1) There shall be a qualification available at National 4, National 5, and Higher levels in filmmaking.

(2) The Scottish Qualifications Authority shall lay a plan of the exact provision for this course, including the method of examination, before one year after this Act comes into force.

(3) Notwithstanding subsection (2), the Course shall cover—

(a) how films are created,

(b) cinematic techniques,

(c) basic techniques for screenwriting, and

(d) basic critical analysis skills, relating to films, including the skill of criticising candidates' own.

8 Financial Education and Life Skills in PSE

(1) PSE, both at BGE and post-BGE levels, shall cover the following, in addition to what is already covered—

(a) financial matters, including

(i) debit and credit cards,

(ii) effective budgeting,

(iii) debt,

(iv) benefits and pay, and

(v) taxation,

(b) motoring law and safe usage and navigation of public transport,

(c) human rights and rights of children,

(d) metacognition, i.e. information on how students can tailor their learning to work for them,

(e) tenant rights, and

(f) trade unions and workers' rights.

(2) In this section—

(a) "PSE" refers to personal and social education, and

(b) "BGE" and "post-BGE" refer to Broad General Education in secondary schools, i.e. S1 and S2; and the period of secondary education after that, respectively.

PART 5

CAREERS AND QUALIFICATIONS ADVICE

9 Qualifications Advice

(1) Each school shall, with assistance from the Body, provide advice to candidates for examinations at the following stages—

(a) no later than 1 month before courses are picked for National 4 and National 5 examinations, and

(b) no later than 1 month before courses are picked for Higher and Advanced Higher examinations.

10 Careers advice

(1) Every student in secondary education must receive adequate support from the Body in choosing careers pathways before they leave school.

(2) This advice shall be available from 1 year before the student intends to leave school, and until the student is 21 years of age, unless they are enrolled in a course at a university and college, or employed in full-time employment.

(3) Should a former student leave their course or job, the advice shall resume under the other conditions set out in subsection (2).

(4) The time period where careers advice may be received may be altered by the Scottish Ministers using regulations in the affirmative procedure.

11 Interpretation in Part 5

In this Part, "the Body" refers to Skills Development Scotland, a company registered in Scotland with company number SC202659, or any successors to this company.

PART 6

GENERAL

12 Commencement

This Act comes into force upon Royal Assent, with the exceptions of—

(1) Section 5, which comes into force at the beginning of the 2029/30 academic year, however it shall not apply to schooling in Orkney and Shetland, where it comes into force at the beginning of the 2031/32 academic year, and

(2) Part 4, which comes into force at the beginning of the 2024/25 academic year.

This bill was written by the Most Honourable Lady /u/model-avtron, Marchioness Hebrides LT CT PC MSP MLA MS, Tòiseach na h-Alba, on behalf of the 21st Scottish Government. Part 1 was inspired by the Integration of Education (Academies and Private Schools) Act 2022, and the list in section 7 was based off the list from the Integration of Education (Academies and Private Schools) Act 2022.

Link to S1 Debate

This vote will end with the close of business at 10pm GMT on the 17th of November.