Order.

Our last item of business today is results.

SB255, SM197, SSI 2024/1 | The Spring 2024 Budget

For: 64

Against: 59

Abstain: 2

Did Not Vote: 4

Turnout: 96.9%

Therefore, the Parliament has agreed to the Budget, and it will be sent for Royal Assent.

Order,

All of the scheduled business has now been read, and the votes on the business most recently read will go up at the start of the next term, along with legislation submitted but not yet read. We now dissolve the Scottish Parliament.

At this point, all MSPs cease to hold office and return to being members of the public, without any of the associated privileges of being a Member of the Scottish Parliament.

Outgoing MSPs and their staff lose access to the offices of the Parliament, and should only use their constituency office for ongoing constituency work – in no circumstances should this be used as part of an election campaign.

Members of the Scottish Government continue to hold their posts, but should only use them to carry out essential Government business that cannot reasonably wait until after the election of a new Parliament.

The Scottish Parliament is hereby dissolved.

Order!

Our last item of business today is questions to the Culture, Sport, and Languages Portfolio.

The Culture, Sport, and Languages Portfolio will now take questions from the Scottish Parliament. The Cabinet Secretary, /u/theverywetbanana and Ministers within the department are entitled to respond to questions.

As the Culture, Sport, and Languages spokesperson for the largest opposition grouping (Scottish Greens), /u/realbassist is entitled to ask six initial questions and six follow-up questions (12 questions total). Every other person may ask up to four initial questions and four follow-up questions (8 questions total).

Initial questions should be made as their own top-level comment, and each question comment only contain one questions. Members are reminded that this is a questions session and should not attempt to continue to debate by making statements once they have exhausted their question allowance.

This session of Portfolio Questions will end with the close of business at 10pm BST on the 23rd of May 2024. Initial questions may not be asked after 10pm BST on the 22nd of May 2024.

Order.

Our next item of business today is a debate on motion SM198, in the name of Lady_Aya MSP and Forward. The question is that the Parliament gives its legislative consent to the Secularisation Act 2016 and the Secularisation (Clarification) Act 2023.

Legislative Consent Motion on the Secularisation Acts

That the Parliament:

recognises that—

(a) The Parliament of the United Kingdom of Great Britain and Northern Ireland passed the Secularisation Act 2016 and the Secularisation (Clarification) Act 2023.

(b) these acts amended the Acts of Union, which incorporate Scottish Law.

(c) The Supreme Court of the United Kingdom suggested that this Parliament ratify the aforementioned acts to allow them to be fully reconciled in law.

therefore, that the Parliament resolves that—

(f) therefore the Secularisation Act 2016 and the Secularisation (Clarification) Act 2023 shall be ratified by this Parliament.

This motion was moved and written by Her Grace Duchess of Enniskillen, Marchioness of Omagh, Lady Blaenau Ffestiniog, Dame Lady_Aya, LP LD GCVO DCT DCMG PC, on behalf of Forward.

Opening Speech

Presiding Officer,

Recently the Supreme Court of the United Kingdom delivered a judgement in R (on application of the Grand Lodge of Ireland) v. the Secretary of State of Northern Ireland. Among other things, it denied the argument that the Secularisation Act 2016 and the Secularisation (Clarification) Act 2023 were to be declared repugnant to the Acts of Union on the basis of altering a “fundamental and essential condition” of the Treaties.

The Court also declared that as the Acts of Union incorporate Scottish law, especially in regards to Protestant succession to the Crown, the Scottish Parliament “ratify the Secularisation Act 2016 and the Secularisation (Clarification) Act 2023 with a Legislative Consent motion as the Protestant succession to the Crown does incorporate Scottish law and such a motion would allow it to be fully reconciled in law.”

This motion is to do such a thing. People may have disagreements regarding Secularisation and whether Westminster should overturn it or not but we should be in accord that we should reconcile these facts in law, regardless of our opinion of the acts themselves.

I commend this motion.

Debate on this motion will end with the close of business at 10pm BST on the 22nd of May 2024.

Order.

Our first item of business today is results.

SB252 | Housing (Scotland) Bill | Stage 3 Vote

For: 129

Against: 0

Abstain: 0

Did Not Vote: 0

Turnout: 100%

Therefore, the Parliament has agreed to the Bill, as amended, and it will be sent for Royal Assent.

SB254 | Hunting with Dogs (Scotland) Bill | Stage 3 Vote

For: 114

Against: 10

Abstain: 0

Did Not Vote: 5

Turnout: 96%

Therefore, the Parliament has agreed to the Bill, as amended, and it will be sent for Royal Assent.

Order!

The only item of business today is a Free Debate.

Members may, so long as they do so within the parliamentary procedure, make a statement to this place on whatever topic they so wish. Members are encouraged to debate others' statements as well as make their own.

For instance, a member may make a statement on the merits of devolving energy to this place, and another member may respond to that with a counter. Simultaneously, another member may speak on the downsides of tuition fees as their own statement, to which other members may respond.

There are no limits to what can be debated, though members are requested to not make an excessive amount of statements and to keep it relevant to this place.

This Free Debate will end at the close of business on the 20th of May 2024 at 10pm BST.

Order!

Our first item of business today is debate 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.

Debate under this budget will end with the close of business at 10pm BST on the 20th of May 2024

The Budget (Scotland) Bill, the Scottish Rate Resolution and the Taxes (Scotland) Order will go to an en bloc vote on the 21st of May, after the close of debate. No amendments may be submitted.

Order!

Our first item of business today is questions to the Environment and Climate Change Portfolio.

The Environment and Climate Change Portfolio will now take questions from the Scottish Parliament. The Cabinet Secretary, /u/veeravuthi and Ministers within the department are entitled to respond to questions.

As the Environment and Climate Change spokesperson for the largest opposition grouping (Scottish Greens), /u/model-avtron is entitled to ask six initial questions and six follow-up questions (12 questions total). Every other person may ask up to four initial questions and four follow-up questions (8 questions total).

Initial questions should be made as their own top-level comment, and each question comment only contain one questions. Members are reminded that this is a questions session and should not attempt to continue to debate by making statements once they have exhausted their question allowance.

This session of Portfolio Questions will end with the close of business at 10pm BST on the 17th of May 2024. Initial questions may not be asked after 10pm BST on the 16th of May 2024.

Order, Order.

Happy Europe Day to all who celebrate.

We will now turn to First Minister's Questions. The First Minister /u/LightningMinion, is taking questions from the Parliament.

As leader of the largest opposition party (Scottish Greens), /u/model-avtron may ask up to six initial questions and six follow-up questions (12 questions total).

All others may ask up to four initial questions and four follow-up questions (8 questions total).

Initial questions should be made as their own top-level comment, and each question comment only contain one questions. Members are reminded that this is a questions session and should not attempt to continue to debate by making statements once they have exhausted their question allowance.

No initial questions should be submitted on the final day of questions.

This session of First Minister's Questions will end with the close of business at 10pm GMT on the 13th of May 2024.

No initial questions may be asked after the close of business at 10pm GMT on the 12th of May 2024.

Order!

Our second item of business today is a Stage 3 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, 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.

Debate on this bill will end with the close of business at 10pm GMT on the 8th of May 2024.

Order!

Our first item of business today is questions to the Transport Portfolio.

The Transport Portfolio will now take questions from the Scottish Parliament. The Cabinet Secretary, /u/lightningminion and Ministers within the department are entitled to respond to questions.

As the Transport spokesperson for the largest opposition grouping (Scottish Greens), /u/Inadorable is entitled to ask six initial questions and six follow-up questions (12 questions total). Every other person may ask up to four initial questions and four follow-up questions (8 questions total).

Initial questions should be made as their own top-level comment, and each question comment only contain one questions. Members are reminded that this is a questions session and should not attempt to continue to debate by making statements once they have exhausted their question allowance.

This session of Portfolio Questions will end with the close of business at 10pm BST on the 9th of May 2024. Initial questions may not be asked after 10pm BST on the 8th of May 2024.

Order! The only item of business today is a Free Debate.

Members may, so long as they do so within the parliamentary procedure, make a statement to this place on whatever topic they so wish. Members are encouraged to debate others' statements as well as make their own.

For instance, a member may make a statement on the merits of devolving energy to this place, and another member may respond to that with a counter. Simultaneously, another member may speak on the downsides of tuition fees as their own statement, to which other members may respond.

There are no limits to what can be debated, though members are requested to not make an excessive amount of statements and to keep it relevant to this place.

This Free Debate will end at the close of business on the 5th of May 2024 at 10pm GMT.

Order!

Our last item of business today is questions to the Health and Wellbeing Portfolio.

The Health and Wellbeing Portfolio will now take questions from the Scottish Parliament. The Cabinet Secretary, /u/PoliticoBailey and Ministers within the department are entitled to respond to questions.

As the Health and Wellbeing spokesperson for the largest opposition grouping (Scottish Greens), /u/Weebru_m is entitled to ask six initial questions and six follow-up questions (12 questions total). Every other person may ask up to four initial questions and four follow-up questions (8 questions total).

Initial questions should be made as their own top-level comment, and each question comment only contain one questions. Members are reminded that this is a questions session and should not attempt to continue to debate by making statements once they have exhausted their question allowance.

This session of Portfolio Questions will end with the close of business at 10pm BST on the 2nd of May 2024. Initial questions may not be asked after 10pm BST on the 1st of May 2024.

Order!

Our first item of business today is results.

SB251 | Nuclear Power (Consent) (Scotland) Bill | Stage 3 Vote

For: 65

Against: 49

Abstain: 0

Did Not Vote: 15

Turnout: 88%

Therefore, the Parliament has approved the bill, and it will be sent for Royal Assent.

SB253 | Anti-Radicalisation (Education) Bill | Stage 1 Vote

For: 19

Against: 98

Abstain: 0

Did Not Vote: 12

Turnout: 91%

Therefore, the Parliament has rejected the bill, and it will not proceed further.

SM196 | Devolution of Employment Law Motion | Motion Vote

For: 47

Against: 70

Abstain: 0

Did Not Vote: 12

Turnout: 91%

Therefore, the Parliament has rejected the motion, and it will not proceed further.

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.

Debate on this bill will end with the close of business at 10pm BST on the 29th of April 2024.

Order, Order.

We will now turn to First Minister's Questions. The First Minister /u/LightningMinion, is taking questions from the Parliament.

As leader of the largest opposition party (Scottish Greens), /u/model-avtron may ask up to six initial questions and six follow-up questions (12 questions total).

All others may ask up to four initial questions and four follow-up questions (8 questions total).

Initial questions should be made as their own top-level comment, and each question comment only contain one questions. Members are reminded that this is a questions session and should not attempt to continue to debate by making statements once they have exhausted their question allowance.

No initial questions should be submitted on the final day of questions.

This session of First Minister's Questions will end with the close of business at 10pm GMT on the 29th of April 2024.

No initial questions may be asked after the close of business at 10pm GMT on the 28th of April 2024.

Order!

The Speaker of the Devolved Assemblies has announced that the Scottish Parliament shall be dissolved on the 24th of May in order for an election to be held on the 6th of June.

This means that all business will come to a close over the coming weeks, in line with this timetable. The dissolution of the Parliament means that all business - including votes and the publication of results - should be completed by the close of business on the 24th of May.

Any business that is currently on the docket that is not read before the end of this term will be carried over and scheduled as normal at the beginning of the next term, unless the author instructs the Parliament not to do so.

The Schedule for Dissolution is detailed below.

Wed. 15 May, by 10pm BST - the final date the Scottish Government is able to submit a budget in order for a vote to be held before dissolution.

Thu. 16 May to Sun. 19 May - the debate on the budget, assuming it is submitted exactly on time; and a statement from the Scottish Government, or an Opposition Day Debate, or a Free Debate.

Fri. 17 May to Mon. 20 May - the final Stage 1 Debate of the term.

Sat. 18 May to Tue. 21 May - the final Motion Debate of the term.

Sun. 19 May to Thu. 23 May - the final Portfolio Questions of the term, currently scheduled to be to the Culture, Sports, and Languages Portfolio.

Mon. 20 May to Thu. 23 May - the vote on the budget, assuming it is submitted exactly on time.

Fri. 24 May - the declaration of the results for the vote on the budget, and the dissolution of the Parliament.

Parliament shall dissolve on the 24th of May 2024 at 10pm BST following the conclusion of the final debate and any open votes.

Order!

Our last item of business today is questions to the Justice Portfolio.

The Justice Portfolio will now take questions from the Scottish Parliament. The Cabinet Secretary, /u/Lady_Aya and Ministers within the department are entitled to respond to questions.

As the Justice spokesperson for the largest opposition grouping (Scottish Greens), /u/zakian3000 is entitled to ask six initial questions and six follow-up questions (12 questions total). Every other person may ask up to four initial questions and four follow-up questions (8 questions total).

Initial questions should be made as their own top-level comment, and each question comment only contain one questions. Members are reminded that this is a questions session and should not attempt to continue to debate by making statements once they have exhausted their question allowance.

This session of Portfolio Questions will end with the close of business at 10pm BST on the 25th of April 2024. Initial questions may not be asked after 10pm BST on the 24th of April 2024.

Order!

Our next item of business today is a Stage 3 Debate on bill SB252, in the name of the 22^nd 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 24^th of April 2024.

Order!

Our first item of business today is results.

SM195 | Motion to Liberate the Mace | Motion Vote

For: 49

Against: 53

Abstain: 13

Did Not Vote: 14

Turnout: 89%

Therefore, the Parliament has rejected the motion, and it will be thrown out.

SB252 | Housing (Scotland) Bill | Stage 1 Vote

For: 115

Against: 0

Abstain: 0

Did Not Vote: 14

Turnout: 89%

Therefore, the Parliament has approved the general principles of the bill, and it will proceed to Stage 3.

Order!

Our only item of business today is a debate 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.

Debate on this motion will end with the close of business at 10pm GMT on the 23^rd of April 2024.

Order!

Our first item of business today is a debate 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.

Debate on this bill will end with the close of business at 10pm BST on the 22^nd of April 2024.

Order! The first item of business today is the third Free Debate of the term.

Members may, so long as they do so within the parliamentary procedure, make a statement to this place on whatever topic they so wish. Members are encouraged to debate others' statements as well as make their own.

For instance, a member may make a statement on the merits of devolving energy to this place, and another member may respond to that with a counter. Simultaneously, another member may speak on the downsides of tuition fees as their own statement, to which other members may respond.

There are no limits to what can be debated, though members are requested to not make an excessive amount of statements and to keep it relevant to this place.

This Free Debate will end at the close of business on the 21st of April 2024 at 10pm GMT.

Order!

Our last item of business today is questions to the Education and Skills Portfolio.

The Education and Skills portfolio will now take questions from the Scottish Parliament. The Cabinet Secretary, /u/model-kurimizumi and Ministers within the department are entitled to respond to questions.

As the Education and Skills spokesperson for the largest opposition grouping (Scottish Greens), /u/realbassist is entitled to ask six initial questions and six follow-up questions (12 questions total). Every other person may ask up to four initial questions and four follow-up questions (8 questions total).

Initial questions should be made as their own top-level comment, and each question comment only contain one questions. Members are reminded that this is a questions session and should not attempt to continue to debate by making statements once they have exhausted their question allowance.

This session of Portfolio Questions will end with the close of business at 10pm GMT on the 18th of April 2024. Initial questions may not be asked after 10pm GMT on the 17th of April 2024.

Order!

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

Amendment 1 (/u/LightningMinion) passed [F: 127, Ag: 0, Ab: 0] and has been added to the bill.

Amendment 2 (/u/model-avtron) failed [F: 59, Ag: 68, Ab: 0] and has been discarded.

One SPaG amendment (/u/model-avtron) would have been added to the bill, but was not as the section it was amending has been removed by another amendment.

###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.

Debate on this bill will end with the close of business at 10pm BST on the 17th of April 2024.

Order!

Our first item of business today is results.

SB251 | Nuclear Power (Consent) (Scotland) Bill | Stage 1 Vote

For: 55

Against: 49

Abstain: 0

Did Not Vote: 25

Turnout: 81%

Therefore, the Parliament has approved the general principles of the bill, and it will proceed to Stage 3.

SM194 | Scottish Energy Motion | Motion Vote

For: 49

Against: 51

Abstain: 0

Did Not Vote: 29

Turnout: 78%

Therefore, the Parliament has rejected the motion, and it will not proceed further..

Order!

Our next item of business today is a debate 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.

Debate on this motion will end with the close of business at 10pm BST on the 16th of April 2024.

Order!

Our first item of business today is a debate on bill SB252, in the name of the 22^nd 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.

Debate on this bill will end with the close of business at 10pm BST on the 16th of April 2024.

Order, Order.

We will now turn to First Minister's Questions. The First Minister /u/LightningMinion, is taking questions from the Parliament.

As leader of the largest opposition party (Scottish Greens), /u/model-avtron may ask up to six initial questions and six follow-up questions (12 questions total).

All others may ask up to four initial questions and four follow-up questions (8 questions total).

Initial questions should be made as their own top-level comment, and each question comment only contain one questions. Members are reminded that this is a questions session and should not attempt to continue to debate by making statements once they have exhausted their question allowance.

No initial questions should be submitted on the final day of questions.

This session of First Minister's Questions will end with the close of business at 10pm GMT on the 15th of April 2024.

No initial questions may be asked after the close of business at 10pm GMT on the 14th of April 2024.

Order!

Our last item of business today is results.

SB250 | Alcohol (Minimum Pricing) (Scotland) Bill | Stage 1 Vote

For: 51

Against: 68

Abstain: 0

Did Not Vote: 10

Therefore, the Parliament has rejected the general principles of this Bill, and it will not proceed further.

SM193 | Motion on the Beyond 16 White Paper | Motion Vote

For: 93

Against: 0

Abstain: 26

Did Not Vote: 10

Therefore, the Parliament has approved this Motion, and it will be sent to the Government for their consideration.