We Asked, You Said, We Did

Below are some of the issues we have recently consulted on and their outcomes.

Consultation on amending the Fetlar to Haroldswick MPA Designation Order 2016

We Asked:

The Fetlar to Haroldswick MPA was designated in 2014.  However the description of the site boundary In the designation order did not reflect what is portrayed on maps.  In other words, attempting to draw the site boundary from the description in the designation order would not have created it.

The Marine (Scotland) Act 2010 requires consultation to take place on any proposal to designate a Marine Protected Area (MPA).  In this case this was a technical exercise because the MPA already had effect.

Consultation was undertaken on the proposal using the Citizen Space platform between 22 August and 16 October 2016.  The consultation page served as notice of Scottish Ministers intention to re-designate the site.  Those pages can be found here:

https://consult.scotland.gov.uk/marine-conservation/fetlarharoldswickdo

You Said:

A total of 3 responses were received.

All agreed that the new definitions of the site boundaries appeared to be correct.

We Did:

The MPA has been re-designated by Scottish Ministers, with effect from 18 November 2016.  The new designation order can be found at the following page:

http://www.gov.scot/Topics/marine/marine-environment/mpanetwork/developing/DesignationOrders/FTHDOrder

Consultation on amending the Small Isles MPA Designation Order 2016

We Asked:

The Small Isles MPA was designated in 2014.  However the description of the site boundary In the designation order did not reflect what is portrayed on maps.  In other words, attempting to draw the site boundary from the description in the designation order would not have created it.

The Marine (Scotland) Act 2010 requires consultation to take place on any proposal to designate a Marine Protected Area (MPA).  In this case this was a technical exercise because the MPAs already had effect.

Consultation was undertaken on the proposal using the Citizen Space platform between 22 August and 16 October 2016.  The consultation page served as notice of Scottish Ministers intention to re-designate the site.  Those pages can be found here:

https://consult.scotland.gov.uk/marine-conservation/smallislesdoconsultation2016

 

You Said:

A total of 2 responses were received.

Both agreed that the new definitions of the site boundaries appeared to be correct.

We Did:

The MPA has been re-designated by Scottish Ministers, with effect from 18 November 2016.  The new designation order can be found at the following page:

http://www.gov.scot/Topics/marine/marine-environment/mpanetwork/developing/DesignationOrders/SMIDOrder

A Consultation on proposals to establish the interim body to manage The Crown Estate assets in Scotland post-devolution

We Asked:

Your views on proposals to establish the interim body to manage the Crown Estate assets in Scotland post-devolution.

You Said:

We received 40 responses from individuals and organisations. A range of constructive comments and informative feedback was submitted by consultation respondents.

We Did:

A consultation report has been published on the Scottish Government website.

Review of the Scottish Social Housing Charter - A Consultation

We Asked:

We asked for your views on the current Scottish Social Housing Charter so that a new Charter can be introduced from 1st April 2017.  The Charter sets the outcomes and standards that all social landlords should be achieving for their tenants and other customers through their housing activities.

We asked you about the impact of the current Charter, the current standards and outcomes and whether you thought anything should be added to the Charter.

You Said:

106 responses were received. 73 from organisations and 33 from individuals. Views on the current Charter were generally positive with the majority of respondents in favour of keeping the current outcomes and standards unchanged.

We Did:

We have published the analysis of responses. This along with the views expressed at 12 stakeholder events held across the country, evidence paper from the Scottish Housing Regulator on landlord performance against the Charter, an "Involving All" consultation that focussed on tenants who might normally be excluded or find it diffcult to get involved carried out by the Tenant Participation Advisory Service and Tenant Information Service will help inform the changes that we will make.

http://www.gov.scot/Publications/2016/11/1336

 

Draft Strategic Police Priorities for Scotland

We Asked:

We asked for views on six draft Strategic Police Priorities.

You Said:

Amongst other issues, one of the main themes from consultation responses was the need for the Priorities to fully recognise that communities can exist on a non-geographical basis.

We Did:

Alongside other amendments to the Priorities in the consultation paper, we have added another Priority on 'Inclusion' in the final version.

Consultation on implementing an exemption for Energy Intensive Industries from the indirect costs of the Renewables Obligation Scotland

We Asked:

Your views on the decisions in relation to implementing the exemption for EIIs as a consequence of the UK Government’s proposals, as they relate to the RO Scotland.

You Said:

We received 20 responses from EIIs, trade associations, energy suppliers, consumer groups and one individual.  Ten responses were supportive of the proposal to implement a proposed exemption scheme, while 5 opposed. Should UK Government implement their proposed scheme, 13 responses argued that Scottish Government should implement uniformly.

We Did:

With consideration to the informative feedback from consultation respondents we will publish a Scottish Government response in due course.

Asset Transfer under the Community Empowerment (Scotland) Act 2015: Consultation on Draft Regulations.

We Asked:

for your views on draft regulations relating to asset transfer under the Community Empowerment Act.  The regulations cover procedures for making and responding to requests, for review or appeal of decisions, and on registers of land. 

You Said:

We received 82 responses, of which 55 were from relevant authorities, and 16 were from organisations representing communities, or third sector organisations providing support to community bodies.  The majority of responses agreed with the proposed procedures.  Many comments addressed wider issues about asset transfer.  An analysis of the responses has now been published on the Scottish Government website.

We Did:

Two substantial changes have been made to the regulations:

  • Notices publicising asset transfer requests are to be “displayed in a public place in the vicinity of the land to which the request relates”, following concerns raised about the requirement to place a notice on the land, for remote sites.
  • Ministers will be required to appoint a panel of 3 people to consider appeals where no contract has been concluded.

A number of minor changes have also been made to clarify requirements and ensure consistency, and other issues and questions raised have been addressed in the guidance.

The draft final guidance is now available at http://www.gov.scot/Topics/People/engage/AssetTransfer

Fire and Rescue Framework for Scotland 2016

We Asked:

For your views and comments on a draft Fire and Rescue Framework for Scotland 2016, which is a statutory document (under the Fire (Scotland) Act 2005 as amended by the Police and Fire Reform (Scotland) Act 2012), outlining Scottish Ministers’ expectations of, and setting 10 key strategic priorities for, the Scottish Fire and Rescue Service (SFRS) over the next few years.

You Said:

We received 38 responses, the majority of which were broadly supportive of the 10 key strategic priorities and the text of the document.  A range of constructive comments were submitted on both the strategic priorities and the text of the Framework.

We Did:

A consultation analysis report has been published on the Scottish Government website. Having considered all the views expressed in the consultation responses, we made a number of amendments to the Fire and Rescue Framework for Scotland 2016, which was published on the Scottish Government website on 1 September.  The Scottish Fire and Rescue Service (Framework) Order 2016 was laid in Parliament on 5 September and will bring the Framework into effect from 4 October 2016.

The amendments include a revision to the section on Unwanted Fire Alarm Signals (UFAS) to take on board concerns expressed around the detailed nature of the priority, as well as additional narrative to strengthen the section on SFRS’s duties under the Community Empowerment (Scotland) Act 2015, and new sections covering its role as a corporate parent under the Children and Young People (Scotland) Act 2014 and a community justice partner under the Community Justice (Scotland) Act 2016.

Air Passenger Duty

We Asked:

The Scottish Government asked for views on its plans for a tax to replace Air Passenger Duty (APD) in Scotland from 1 April 2018, which will help boost Scotland's international connectivity and generate sustainable growth.  This included the opportunity to comment on the initial findings and proposed scope and methodology of the Strategic Environmental Assessment (SEA) that is being undertaken.

You Said:

In total:


• 160 responses (76 from organisations, 84 from individuals) were received to the policy consultation 'A consultation on a Scottish replacement to Air Passenger Duty';
• 41 responses (16 from organisations, 25 from individuals) were received to the SEA consultation 'A Scottish replacement to Air Passenger Duty: Strategic Environmental Assessment Screening and Scoping Report'.

We Did:

The Scottish Government published separate analyses of responses to each consultation on Friday 29 July 2016.  The responses received will help inform the development of the Scottish Government's legislative proposals for a tax to replace APD in Scotland from 1 April 2018. 

National Records of Scotland: Consultation on Proper Arrangements for Archiving Public Records

We Asked:

For your views on Guidance that the Keeper proposed to issue to public authorities. This sets out the proper arrangements that they should have in place when transferring their records selected for permanent preservation to an archive.  These included constitution, finance, staffing, security, storage, collection care, and public access.

You Said:

We received 35 responses, of which 24 came from public bodies, six from individuals four from professional bodies and one from a private archive. The great majority were in favour of the principles of the Guidance but three topics, staff qualifications, digital records and resource implications all attracted particular comment, some of it critical. A number of other, lesser issues, mainly requests for clarifications, were also raised. Overall we found the responses to be both constructive and positive.

We Did:

A full report has been published on the Scottish Government Citizen Space website, analysing the responses and setting out the Keeper’s views on them. The final Guidance is now being altered to reflect some of the topics and shortcomings raised by the Consultation and will be issued shortly. It will clarify matters surrounding staff qualifications and will set out some basic principles governing preservation of digital records. Wording on a number of other topics will be clarified to remove ambiguities.

Consultation on the proposals for the introduction of the role of an Independent National (Whistleblowing) Officer (INO)

We Asked:

Last year, in response to the recommendations following the Freedom to Speak Up Review, the Scottish Government gave a commitment that the role of an Independent National (Whistleblowing) Officer would be developed and established to provide an independent and external level of review on the handling of whistleblowing cases, and that the detailed proposals would be subject to consultation.

A full public consultation on detailed proposals for the introduction of the INO role ran for 12 weeks and closed on 10 February 2016. 

You Said:

We received 58 responses from a range of organisations and individuals. Our proposals have been welcomed with strong support.

In the main respondents considered that the role of the INO should be to consider concerns raised about the application of local whistleblowing processes, including examination of the decision making and outcome of the concerns raised.

Most respondents were supportive of the INO taking a holistic approach to examining complaints and agreed with our view on the principles and processes on how concerns should be raised.  In particular, the emphasis on the INO being the final stage in the process was broadly welcomed.

There was also strong support for the INO having statutory powers, as without these it was felt that the effectiveness of the role would be curtailed. Furthermore there was a view that such powers would provide the INO with credibility and would generate respect.

There was a recurring view that the INO role should be hosted within the Scottish Public Service Ombudsman (SPSO) and strong support for giving employees of adult health and social care services access to the INO.

The most popular title for this role was "Independent National Whistleblowing Officer for NHSScotland".

We Did:

The Scottish Government has made clear its commitment to develop and establish the role and functions of an INO for NHSScotland.

We have considered the range of views expressed in the consultation and an independent analysis of the responses has been published. This is available at http://www.gov.scot/Publications/2016/06/4326.

We will use the findings of the analysis to further inform and refine proposals to ensure that the INO is equipped to carry out the role effectively, and we will give further consideration to the arrangements for hosting the role.

We are clear that the INO should have the ability to provide independent challenge and oversight and should have the powers and functions that enable it to do so. 

We will look at the main themes that emerged on support for the role, and provide further clarity over roles and relationships with existing bodies and initiatives, terminology, and the review process. 

In line with the views expressed within the consultation the new role will be called the ‘Independent National Whistleblowing Officer for NHSScotland’. We will consider introducing legislation to bring the role and functions into effect. This will complement policies already in place to promote, support and encourage whistleblowing and further develop an open and honest reporting culture in NHSScotland.   

Whilst recognising an appetite for the role of the INO to extend to those providing adult health and social care services who are not employed by Health Boards, we will progress the role for Health Board staff at this stage.  We have taken this view given the emerging landscape of adult health and social care integration and the wide range of views expressed on this subject, and views expressed that some of the proposed INO functions are held already within existing regulatory bodies for social care. This will allow for more detailed analysis and consultation with appropriate stakeholders to ensure that our approach to this is correct.  

The Scottish Government and NHSScotland value our established Partnership working arrangements and the contribution from a wider variety of interested stakeholders.  We will continue to work together with our partners to make sure that staff are protected when raising concerns.

Consultation towards Scotland’s Rail Freight Strategy

We Asked:

For your views on the development of a Rail Freight Strategy for Scotland.  This included the opportunity to comment on the draft vision for the rail freight sector as well as a number of draft proposals aimed at supporting the sector to achieve its potential in a manner consistent with the Scottish Government’s transport and broader economic, social and environmental objectives.

You Said:

We received 46 responses, many of which were supportive of the broad principles and approach and agreed with the representation of the key challenges and opportunities for the rail freight sector as set out.  Accordingly, the draft vision, objectives and broad actions that were trailed in the consultation document have been retained in the final Strategy.  There were comments on how the Strategy could be strengthened, areas of focus prioritised, and timescales for actions accelerated.

We Did:

The evidence collected both through the consultation process and the supplementary stakeholder workshops was comprehensively assessed and informed the publication of “Delivering the Goods, Scotland’s Rail Freight Strategy”.  The Strategy sets out how we will work in partnership with the rail freight industry and others to realise our vision for rail freight through the four core levers of: innovation, facilitation, promotion and investment.  An Analysis Report (summarising the consultation responses) and note of discussion was published alongside the Strategy on the Transport Scotland website.

Review of Nomenclature of Units for Territorial Statistics (NUTS) Boundaries

We Asked:

NUTS boundaries are used for reporting of regional statistics to Eurostat and those statistics are used to inform regional policy. The Scottish Government is proposing to create a fifth NUTS2 boundary in the south of Scotland. Do you have any comments on the Scottish Government's proposals for creating a fifth NUTS2 region?

You Said:

Responses were generally supportive of the proposal however some issues were raised which the Scottish Government has given its response to. Please see the full Review of NUTS Boundaries.

We Did:

It is the opinion of the Chief Statistician and  the Scottish Government that the reporting of statistics to the European Union for Scotland would be better achieved by creating a fifth NUTS area for ‘Southern Scotland’ and reducing the size of the South Western and Eastern regions.

This will create more population balanced NUTS2 areas and will improve statistical evidence and reporting for the mainly rural south of Scotland.

The Scottish Government has now recommended to ONS that they request changes to the NUTS2 regions as detailed in this document. The Scottish Government will also recommend the three NUTS2 areas be classified as ‘Eastern Scotland’, ‘West Central Scotland’ and ‘Southern Scotland’. These names will reflect the areas which they represent.

The Specified Diseases (Notification) Amendment (Scotland) Order 2016

We Asked:

Your views on proposals to make Porcine Epidemic Diarrhoea (PED) a notifiable disease in Scotland.

You Said:

We received 11 responses from individuals, organisations and one local authority.  Respondents were unanimously supportive of the proposal to make PED notifiable to an industry-led body.  Respondents also agreed with the draft Business and Regulatory Impact Assessment, and Privacy Impact Assessment, which accompanied the consultation paper.

We Did:

Following the positive feedback from consultation respondents and the continued support of the industry, The Specified Diseases (Notification) Amendment (Scotland) Order 2016 was laid in Parliament on 25th January.  Subject to Parliamentary scrutiny, the order will come into force on 2nd March 2016 making it mandatory for pig keepers to report any suspected case of PED to Quality Meat Scotland through the Scottish Pig Disease Control Centre.

Consultation on the development of a Digital Learning and Teaching Strategy for Scotland

We Asked:

Your views on the development of a Digital Learning and Teaching Strategy for Scotland. This included a chance to comment on the principles of the proposed strategy, the four themes of the strategy and the priorities for action outlined under each theme.

You Said:

We received 139 responses, 76 were submitted by group respondents and 63 by individuals. A clear majority of respondents agreed with the proposed principles, themes and priorities for action. However, there were a large number of comments on how the strategy could be amended and strengthened in certain areas.

We Did:

We have considered all of the responses to the consultation and an independent analysis report was produced and published on the Scottish Government website. In consequence of the positive consultation response, the Scottish Government will produce a Digital Learning and Teaching Strategy which will be shaped by the consultation responses.

The Tribunals (Scotland) Act 2014: Consultation on 2 sets of Draft Regulations which make provision for:1) a time limit within which to seek permission to appeal a decision of the Scottish Tribunals and Rules of Procedure for the Upper Tribunal; and 2) Offences in the Scottish Tribunals.

We Asked:

Your views on the proposed scope of each of the draft regulations prescribing a time limit for permission to appeal a decision of the Scottish Tribunals, on Rules of Procedure for the Upper Tribunal and on Offences in the Scottish Tribunals.

You Said:

We received 24 responses from organisations and individuals. The majority of respondents were content with the 30 day time limit for permission to appeal. The main comments in relation to the Upper Tribunal Rules of Procedure were that rule 11(1) (Dismissal of a party’s case) was too severe.

There were also a number of other comments made by respondents in relation to other Rules of Procedure for example that the tribunal should be able to restrict unsuitable representatives or supporters.

In relation to Offences in Proceedings respondents suggested that the offence of making a false statement should be amended to read ‘knowingly make a false statement’.

We Did:

We analysed the consultation responses and considered the range of views expressed. We removed rule 11(1) and will rely on rule 11(3) which says that the tribunal may dismiss proceedings or the appropriate part of them if the appellant has failed to comply with an order.

We have also amended the draft rules to include a provision that the tribunal may, if it feels there are good and sufficient reasons for doing so, refuse to permit a particular person from assisting or supporting a party.

In relation to Offences in Proceedings we amended the draft regulations to make it a defence for a person charged with an offence to prove that the false statement was not knowingly made or that a thing was not knowingly altered, concealed or destroyed.

Tribunals (Scotland) Act 2014 - Consultation on Draft Regulations for: 1) the Transfer of Functions and Members of (A) the Private Rented Housing Panel and (B) the Homeowner Housing Panel, to the Scottish Tribunals, and; (2) the Composition of the Scottish Tribunals when hearing Housing and Property cases.

We Asked:

Your views on draft regulations that:

  1. transfer the functions and members of the private rented housing panel and homeowner housing panel to the Scottish Tribunals and
  2. set out the composition of the Scottish Tribunals when hearing Housing and Property cases
You Said:

We received 20 responses from organisations and individuals. The majority of respondents were content with the provisions.

The main concern raised in relation to the transfer of functions and members regulations were about awarding expenses against a party.

The main concern about the draft regulations setting out the composition of the Housing and Property Chamber was that legal members would be allocated to hear cases on their own.

We Did:

We have amended the draft regulations to take on board a number of the concerns raised by respondents. For example, we have removed the regulations which allow the Scottish Tribunals to disapply new regulations and we have amended the Chamber Rules to allow the Chamber President to delegate functions to any legal or ordinary member of the Chamber.

New Psychoactive Substances (NPS): a questionnaire on the definition of NPS, proposals to establish a forensic centre for excellence, and improving data collection and information sharing

We Asked:

We asked for your views on the definition of new psychoactive substances (NPS), proposals to establish a forensic centre for excellence and to improve data collection and information sharing

You Said:

The majority of the 54 responses supported the Scottish Government's proposals. There were some changes suggested in relation to proposals to categorise NPS according to their effects. Additional suggestions were also made about the potential functions of a centre for excellence and for improved information sharing.

We Did:

The results of the questionnaire will be used to inform ongoing discussions with the UK Government and stakeholders in Scotland in relation to implementation of the Psychoactive Substances Act, and to further develop the Scottish Government's policy programme on NPS.

The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial Order 2015

We Asked:

Your views on the 2015 remedial order which made some amendments to the disclosure regime in Scotland.

You Said:

We received 27 responses from organisations and individuals, as well as a response from the Delegated Powers and Law Reform Committee of the Scottish Parliament.  The respondents generally supported the reforms we made.  A small number of changes to the offence lists were suggested.  The majority of respondents stated that guidance was needed to support the remedial order.

We Did:

Scottish Ministers have proposed some amendments to the 2015 remedial order due to some of the comments received.  The main changes concern  refinement of the offence lists and reducing the timescale to apply to a Sheriff to have information removed from a disclosure from 6 months to 3 months.  These proposals are contained in the Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 which, subject to Parliament’s agreement, will come into force on 8 February 2016.  Additional guidance is being produced.

Consultation on a draft statutory code of practice and training requirements for letting agents in Scotland

We Asked:

We asked for your views on a draft letting agent code of practice and training requirement proposals for letting agents operating in Scotland.

You Said:

The majority of you agreed with Scottish Government proposals on the Code but requested further guidance and clarification on certain aspects. Also, most of you agreed with the Scottish Government proposals on the training requirements. See the full independent analysis of responses for more detail.

We Did:

We have used your responses to amend the draft letting agent code of practice and to finalise our approach to the training requirement. The Letting Agent Code of Practice (Scotland) Regulations 2016, which sets out the revised draft code of practice was laid in the Scottish Parliament on 18 January 2016.

Making Things Last: Consultation on creating a more circular economy in Scotland

We Asked:

For views on our ambitions and proposals for creating a more circular economy: keeping goods and materials in high value use for longer. These spanned the key areas of design, reuse, repair, remanufacture, recycling, and recovering value from biological resources. We also asked about proposals to support change in these areas through communications, skills and measuring progress.

You Said:

We received 78 responses. They showed overall support for the ambition expressed in every area. All of the individual proposals were generally welcomed and some useful refinements were suggested. Several proposals, particularly the more technical ones, received little feedback.

We Did:

Following the review of responses received and feedback from events during the consultation period, we have revisited and focused the ambitions and actions proposed in the consultation, taking on board comments as appropriate. For example, recognising the importance of EU-level decisions on design and regulation, and the need for an explicit focus on preventing waste. The final strategy ‘Making things last – A Circular Economy Strategy for Scotland’ has now published and can be found at www.gov.scot/makingthingslast.

Proposals for the creation of an Offence of Wilful Neglect or Ill-treatment with regard to services for Children under the age of 18 - Further Engagement

We Asked:

We consulted on the 'Proposals for the creation of an Offence of Wilful Neglect or Ill-treatment with regard to services for Childer under eh age of 18'.

You Said:

The consultation responses received made it clear that the respondents were highly committed to the principles of offering children the best protection possible from abuse or neglect. However, it was also clear that the respondents had very serious concerns about the proposals outlined in the consultation paper.

Respondents highlighted various issues in relation to the rationale for introducing the proposed offence, the relationship between the proposed offence and existing legislation, the possible unintended consequence of introducing the proposed offence, and the scope of the proposed offence.

We Did:

The Scottish Government values the input and expertise of its partners in this area, and is committed to working collaboratively with them to drive improvement in child protection in Scotland. To that end, we have considered their concerns and acknowledged their validity. For this reason, the Scottish Government no longer considers that including children’s services within the scope of Part 3 of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Bill, is the best way to protect children from wilful neglect or ill-treatment, at this time. Instead, the Scottish Government intends to address neglect more widely, as part of an Improvement Programme announced by the Cabinet Secretary for Education and Lifelong Learning on 25 February 2016.

The Children’s Hearings (Scotland) Act 2011 (Safeguarders Panel) Regulations 2012

We Asked:

Your views on

  • proposed changes to “The Children’s Hearings (Scotland) Act 2011 (Safeguarders Panel) Regulations 2012” to enable Scottish Government to amend current Regulations,
  • to move away from the presumption that safeguarders be reappointed at the end of each term towards a “fitness to be reappointed” test and
  • also suggested that feedback on safeguarder performance could be sought from system partners beyond the children’s panel, Reporters and family members.
You Said:

We received 37 responses with broad support from respondents that the Scottish Government should revise the current Regulations to reflect the proposed changes. Of the responses received the positive responses were 78.38% or higher.

We Did:

We analysed the consultation responses and considered the range of views expressed. We have amended the regulations in line with the proposals in the consultation. The regulations are being finalised and Ministerial approval is being sought for the proposed changes before laying the regulations early in 2016.

Consultation on Draft Regulations that Prescribe Eligibility Criteria for Appointment to the Scottish Tribunals

We Asked:

Your views on the proposed scope of each of the draft regulations prescribing eligibility criteria for appointment to the Scottish Tribunals.

You Said:

We received 16 responses from organisations and individuals. The respondents were generally in favour of the draft regulations. A small number of recurring themes emerged including academics currently being excluded from becoming legal members, whether criteria should be limited to Scots trained lawyers and that being debarred from the Chartered Institute of Taxation should make a person ineligible for membership of the Tax Chamber of the First-tier Tribunal for Scotland.

We Did:

We analysed the consultation responses and considered the range of views expressed. We amended the draft regulations to allow academics to become legal members of the First-tier Tribunal as long as they have previously been engaged for a period of not less than five years as a solicitor or advocate in Scotland. We have amended the draft regulations to limit eligibility for legal membership to Scots trained lawyers. We have also included provisions that debarment from the Chartered Institute of Taxation means a person is ineligible for membership as an ordinary member of the tax jurisdiction of the First-tier Tribunal.

 

Creating a Fairer Scotland: Employability Support

We Asked:

From 1 April 2017, Scotland will have the power to design and deliver its own employability services for disabled people and those at risk of long-term unemployment.  We asked for your views on how best to develop a distinctive Scottish Approach to future employability support.

In addition to the formal consultation, Creating a Fairer Scotland: Employability Support: A Discussion Paper, we also gathered views through a Survey Monkey questionnaire and a series of more than 70 events and meetings with user and stakeholder groups around Scotland.

You Said:

We received 179 written responses to Creating a Fairer Scotland: Employability Support: A Discussion Paper and a further 36 responses to our Survey Monkey questionnaire.  The majority of respondents were individuals, with views also submitted by private, third sector and public sector organisation. 

We Did:

Following thorough independent analysis of the consultation and questionnaire responses, and building on what stakeholders said, we have identified that the Scottish Approach to employability should:

  • Provide a flexible, tailored, ‘whole person’ approach
  • Be designed and delivered in partnership
  • Drive towards real jobs

We will use the full findings of the consultation analysis to inform decisions on the shape of future employability services in Scotland, with the Cabinet Secretary for Fair Work Skills and Training, Roseanna Cunningham, due to provide further details of our plans in the coming weeks.

Whilst we remain committed to developing an approach which builds on the consultation responses and reflects the core aims of Scottish Ministers - namely sustainable economic growth, inclusion, fair work and social justice - it is important to accept that our ambitions will be limited by severe employability programme funding cuts imposed on us by UK Spending Review decisions.  With an anticipated budget cut of £45m, an 87% reduction, on estimated 15/16 UK Government employability spend in Scotland, Scottish Ministers will have to take difficult decisions on how best to prioritise support for unemployed people.

Consultation on the Pregnancy and Parenthood in Young People Strategy

We Asked:

For comments on the draft Pregnancy and Parenthood in Young People Strategy.

You Said:

We received 66 responses from a wide range of individuals and organisations, with a variety of views on the draft Strategy.

The consultation analysis presents an analysis of written responses on the draft Strategy.

 
We Did:

The comments received helped to shape the final Pregnancy and Parenthood in Young People Strategy.

A Consultation on the Pilot Pentland Firth and Orkney Waters Marine Spatial Plan

We Asked:

Your views on the content and process of developing a non-statutory regional marine plan for the Pentland Firth and Orkney Waters area.

You Said:

A range of views and information was provided during two consultations (June 2013 and July 2015) which included workshops and drop in sessions in the local area. There were ongoing meetings and discussions with stakeholders in the area during the process of developing and drafting the Pentland Firth and Orkney Waters Marine Spatial Plan.

We Did:

We provided detailed information on how we had taken comments received during the consultations into account during the drafting of the Plan. The Plan has now been finalised following endorsement by Orkney Islands Council and the Highland Council and ministerial approval.

It will be used by the Marine Scotland Licensing Operations Team as a material consideration in the determination of marine licensing and section 36 consent applications within the PFOW area. The Highland Council and Orkney Islands Council have adopted the pilot Plan as non-statutory planning guidance, acknowledging the status of the Plan as a material consideration in the determination of relevant planning applications. Orkney Islands Council has also adopted the Plan as a material consideration in the determination of works licence applications in the Orkney Harbour Area.

Further Extension of Coverage of the Freedom of Information (Scotland) Act 2002 to More Organisations

We Asked:

For your views on whether certain bodies we considered to be undertaking functions of a public nature should be made subject to the Freedom of Information (Scotland) Act 2002 (FOISA).

You Said:

Responses showed strong support for the Scottish Government’s proposals to extend coverage of Freedom of Information legislation – with suggestions also being put forward for other organisations to be considered.  Some responses indicated concerns about the organisational impact of the proposals as well as the suggested timescale.

We Did:

We analysed the responses to the consultation and considered the range of views submitted. An order extending coverage of Scotland’s Freedom of Information legislation has now been laid before the Scottish Parliament. Arising from the consultation exercise the Scottish Government has announced that it intends to consult with Registered Social Landlords with a view to extending coverage of FOISA. This further consultation is anticipated in the autumn.    

A Consultation on the development of a Cyber Resilience Strategy for Scotland

We Asked:

For views on the on how Scotland can become even more resilient from cyber attacks and crime when using online technologies. 

You Said:

We received 96 responses with a wide range of comments.   The majority of respondents considered the draft to be a helpful, comprehensive document.  Many respondents welcomed the opportunity to comment with the overall the balance of opinion being in favour of the proposals.

We Did:

We analysed the feedback received and based on your views, Safe, Secure and Prosperous: A Cyber Resilience Strategy for Scotland was launched in  November 2015.

Its strategic outcomes are as follows:     

1. Our people are informed and prepared to make the most of digital technologies safely.
2. Our businesses and organisations recognise the risks in the digital world and are well prepared to manage them
3. We have confidence in and trust our digital public services
4. We have a growing and renowned cyber resilience research community
5. We have a global reputation for being a secure place to live and learn, and to set up and invest in business
6. We have an innovative cyber security, goods and services industry that can help meet global demand.

Consultation on the draft Private and Public Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2015

We Asked:

For views on our proposals for transposing into Scottish water quality legislation the requirements of a recent European Directive regarding the protection of the health of the general public with regard to radioactive substances in water intended for human consumption.

You Said:

You generally agreed with our proposed approach.

We Did:

Bring new regulations implementing the Directive into force on 28 November 2015.

A consultation on land and buildings transaction tax rules for property authorised investment funds

We Asked:
Do you think that the Scottish Government should introduce an exemption from LBTT for properties held by Authorised Unit Trusts converting or amalgamating with an Open Ended Investment Companies?
You Said:
There was unanimous support from respondents that the Scottish Government should introduce a Land and Buildings Transaction Tax exemption for the transfer of property assets in conversions of Authorised Unit Trusts (AUT) to Open Ended Investment Companies (OEICS), most commonly in the form of Property Authorised Investment Funds (PAIF).
We Did:
Scottish Ministers laid regulations introducing an exemption, by way of a claimable relief, in the Scottish Parliament on 7 September 2015.

Permitted Development Rights: Non Domestic Solar Panels and Domestic Air Source Heat Pumps

We Asked:

Your views on proposals to extend permitted development rights for solar panels on non-domestic buildings and for air source heat pumps on domestic properties.

You Said:

We received 52 responses primarily from business operators and local authorities but also from professional bodies, aviation authorities, third sector organisations and members of the public. Most respondents were supportive of the proposals. In particular support was expressed for the positive impact on business and on climate change and carbon reduction targets. Equality impacts were considered positive especially in addressing fuel poverty. Most comments related to air source heat pumps. The key issues focussed on noise and visual impacts, and on extension to the permitted development rights proposed. Two objections were received relating to safety concerns in relation to PD rights for non-domestic solar panels next to airports.

We Did:

Given the objections received we have taken forward proposals for air source heat pumps separately from solar panels.  A draft order to change permitted development legislation on air source heat pumps is expected to be laid before Parliament in March. The order incorporates changes addressing where possible the issues that arose during consultation. Subsequent to parliamentary approval, revised permitted development legislation will come into effect in March 2016. We are continuing to liaise with aviation interests on solar panels next to airports and expect revised legislation in the autumn providing an appropriate resolution to the objections can be found. 

Consultation on Regulations and Statutory Guidance under the Welfare Funds (Scotland) Act 2015

We Asked:

We asked for your views on the proposed Regulations and Statutory Guidance supporting the Welfare Funds (Scotland) Act 2015, which places the interim Scottish Welfare Fund  into law from April 2016.

You Said:

We received 63 responses which demonstrated broad support for the Regulations and assisted with the direction of the Statutory Guidance and refreshed Application Form.

We Did:

The draft Welfare Funds (Scotland) Regulations 2016 were laid before Parliament on 16 December 2015.  The Statutory Guidance and Application Form are currently being revised and updated, taking into account the views from the consultation.  The Regulations, Guidance and Application Form  will come into force from April 2016, and be published at that time.

Consultation on the Draft Scottish Government Gaelic Language Plan 2015-20

We Asked:

We sought views on the second iteration of the Scottish Government's Gaelic Language Plan, to inform how we can best support the status of the Gaelic language in Scotland.

You Said:

We received 9 responses, from individuals, public authorities and independent organisations.

The overall response showed general support for the commitments made in the Scottish Government’s Gaelic Language Plan, particularly regarding its role in achieving the aims of Bòrd na Gàidhlig’s National Gaelic Language Plan, and the importance of the Scottish Government leading by example for other public authorities developing Gaelic Language Plans.

We Did:

We analysed the responses and made some additions and clarifications which had been indicated by the consultation. The Draft Guidancewas submitted to Bòrd na Gàidhlig for approval under the Gaelic Language (Scotland) Act 2005 and our officers are working with Bòrd na Gàidhlig on the final version.

Scotland’s Adoption Register Regulations 2016

We Asked:

For your views on Scotland’s Adoption Register Regulations which will set out the key requirements for supplying, retaining and disclosing information to and from the Adoption Register. 

You Said:

A total of 33 responses were received in response to the consultation document. We analysed the consultation responses and considered the wide range of views expressed in the responses.

We Did:

Taking into account the range of views expressed, we have amended the regulations in line with the proposals within the consultation. The regulations are now being finalised and Ministerial approval is being sought for the proposed changes before laying the regulations on 18 January 2016 for parliamentary scrutiny. 

The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 2015

We Asked:
For views on the policy proposal to use the powers in the Climate Change (Scotland) Act 2009 to introduce an annual climate change reporting requirement for specific major players under the public bodies duties.
You Said:
There was broad support for using the powers in the Act and agreement that the use of the sub-ordinate legisaltion would improve the quality and consistency of climate change information reported by listed public bodies. However, concerns were raised regarding the report submission deadline and the need for supportive reporting guidance.
We Did:
We analysed the consultation responses and considered the wide range of views expressed. The order will be finalised and Ministerial approval sought for the changes to be made, before laying the revised order before the Scottish Parliament in Oct.

Fees Charged by the Court of Session, Accountant of Court, Sheriff & Justice of the Peace Courts, High Court, Office of the Public Guardian, personal injury court and the Sheriff Appeal Court

We Asked:

The consultation sought views on the proposals for changes to the level of fees charged by the Scottish courts and the Office of the Public Guardian with the intention of obtaining the views of the general public and court users before the finalisation of the fees instruments.  The main proposal in the consultation paper was that court fees should be increased by 2% to account for inflation (Consumer Price Index (CPI)) for each year 2015/16 to 2017/18.  In addition there would be an extra 2% increase in some court fees in 2015/16 to assist with further digitalisation of the courts.

You Said:

A total of 17 responses were received.  Two respondents were against the proposal to raise court fees by 2% to cover the rate of inflation (CPI) whilst two supported them.  Some legal firms considered that all court fees should be paid out of the public purse.  Further comments were made on individual proposals to amend specific fees.  In particular, there were concerns from some respondents including legal organisations and solicitors' firms that the court fees in the Sheriff Personal Injury Court could be set too high and that this could discourage litigation in the court.

We Did:

Based on this feedback, the Minister laid the fees orders in June 2015.  We consider that a 2% increase in each of the years 2015-2018 to cover the rate of inflation is a reasonable and proportionate rate by which to aim to improve the rate of recovery of the costs to the public purse whilst still providing some subsidy.  Also we believe it appropriate to set the level of court fees in the Sheriff Personal Injury Court in line with those for personal injury cases in the Court of Session, with the exception of the hearing fee which reflects the difference in the judicial officer dealing with the case.

Consultation on new Management Measures for Crab and Lobster Landings into Orkney

We Asked:

For views on proposed management measures for the lobster, velvet crab and green crab fisheries in the Orkney Islands.

You Said:

A total of 46 responses were received. The majority came from individual Orkney fishermen, along with organisations involved in the fishing industry, either in Orkney or elsewhere in Scotland.

A majority of respondents supported the proposed measures, with over 80% in favour of each proposal.

We Did:

We analysed the consultation responses and published an outcome report in October 2015.

The finalised management measures will be introduced into legislation, and are due to come into force in early 2016.

Historic Environment Scotland Act: Secondary Legislation

We Asked:
About principles and draft wording of new and revised regulations required to operationalise changes made by Historic Environment Scotland Act 2014. The Act sets up a new NDPB, Historic Environment Scotland, to take over functions from Historic Scotland e.g. scheduling, listing, consents. HES will also be a consultation body for developments which could impact the historic environment. We sought specific views around procedures for appeals and handling live cases during transition.
You Said:
36 responses were received, showing strong support for the approach and the drafts as consulted upon. Clarification and reassurance were sought on some aspects (e.g. consultation timescales, operational implementation, guidance below the level of regulations). There were helpful comments on transitional arrangements and on the scheme of delegation for properties in care. In connection with the scheme, the need for robust and transparent arrangements was singled out for comment.
We Did:
Based on your feedback we finalised the draft regulations and associated orders which were laid before Parliament on 4 June 2015. Comments received will also inform the development of guidance. We agree that robust and transparent arrangements for the management of the properties in care are crucial. The scheme that will achieve this is currently under development and will take into account of your responses. It will be published once it comes into effect.

Scottish Independence Bill: a consultation on an interim constitution for Scotland.

We Asked:
For your answers to questions on the Scottish Independence Bill, which provides for Scotland to become an independent State in March 2016 and set out a draft interim constitution
You Said:
a wide range of comments across all questions. Overall the balance of opinion was in favour of the proposals.
We Did:
The Scottish Independence Bill had its place in the overall debate that lead to the Referendum on 18 September but the Government will obviously not be pursuing the Bill now.

New Environmental Enforcement Framework - Consultation on New Enforcement Measures for the Scottish Environment Protection Agency and the Relevant Offences Order

We Asked:
We sought comments from stakeholders on the design and use of SEPA's new enforcement measures and the relevant offences order. These measures include Fixed Monetary Penalties, Variable Monetary Penalties, Enforcement Undertakings and Non compliance Penalties.
You Said:
We received 47 responses. There was strong support for the underlying aims of SEPA's proposed enforcement approach and the outlined proposals for the new measures, with the majority of questions asked attracting at least 65% support. Clarification and reassurance was sought in relation to implementation and the associated guidance. Where permission has been given, responses to the consultation can be found on the Scottish Government website: http://www.scotland.gov.uk/Publications/2014/11/6499
We Did:
Based on this feedback, the Scottish Government and SEPA will finalise the draft enforcement order together with COPFS. The views of respondents will also inform the development of SEPA guidance and SEPA will be consulting on prosed guidance during 2015, along with a new enforcement policy.

Statutory Guidance on the General Purpose for the Scottish Environment Protection Agency and its contribution towards sustainable development

We Asked:
We sought comments from stakeholders about the draft Statutory Guidance on the General Purpose of SEPA and its contribution towards sustainable development.
You Said:
We received 24 responses. Support for the draft guidance and for the approach taken was strong and widespread among stakeholders, with all questions asked attracting at least 70% support. Comments received suggested minor revisions to the draft guidance to enhance clarity and understanding in certain sections. Where permission has been given, responses to the consultation can be found on the Scottish Government website: http://www.scotland.gov.uk/Publications/2014/11/5781
We Did:
Based on this feedback, we have finalised the draft Statutory Guidance. It was laid before the Scottish Parliament on 11 December 2014. The Statutory Guidance will be issued to SEPA following the conclusion of parliamentary process and pending approval from Scottish Ministers. The consultation analysis report summarises the responses and outlines the Scottish Government's response. It can be found on the Scottish Government website: http://www.scotland.gov.uk/Publications/2014/12/9630

Community Empowerment (Scotland) Bill

We Asked:

For comments on proposals for a Community Empowerment (Scotland) Bill.

You Said:

We received 424 responses from a wide range of individuals and organisations, with a variety of views on the different topics covered.

View all the non-confidential responses here.

Read the independent analysis of the responses here

We Did:

The comments received helped to shape the final Bill, which was introduced to the Scottish Parliament on 12 June 2014. You can read the Bill and follow its progress here

Deer Management on the National Forest Estate Consultation

We Asked:
For your views on the draft document 'current practices and future directions of deer management on the National Forest Estate', and you views on our contribution to the delivery of the national deer strategies
You Said:
The majority of respondents considered the draft to be a helpful, comprehensive, open useful and well written document. Many respondents welcomed the opportunity to comment on our practices and future directions and were generally supportive of our approach to deer management albeit with comments qualified according to their own perspective and objectives.
We Did:
We summarised respondents comments, and our response to the comments in a 'Summary of Consultation Comments, and FCS Response'. We then incorporated the key points within the final published document 'Deer Management on the National Forest Estate - Current Practices and Future Directions'.