Scottish Government consultations

We asked for your views on proposals for Crofting Law Reform.  The consultation covered potential legislative changes to support entry to crofting, to clarify the community aspect of crofting law, to promote use of common grazings, to strengthen adherence to crofters’ duties, to modify the Crofting Commission’s regulatory roles and powers, and to make simplifications and corrections to current legislation.

The consultation opened on 6 June 2024 and closed on 2 September 2024.

163 responses were received across the 3-month consultation period.  Of that, 136 responses (83%) were from individuals, and 27 (17%) were organisational responses. 

In addition, 257 people attended our 15 consultation events across the crofting counties in July and August, when the key proposals in the consultation were aired and debated.

Most of the Government’s proposals were well supported by the consultation responses, but some proposals divided opinion.  Many respondents made use of the free text boxes to give reasons for their views and to make a variety of additional suggestions.  Some respondents said that the proposals did not go far enough, and called for a more fundamental package of crofting reforms to be developed.

We are grateful to everyone who took time to share their views and provide a response to this consultation.

The Scottish Government’s Programme for Government (PfG) 2023-2024 announced our commitment to develop and consult on proposals to reform crofting law, and our PfG 2024-25 announced our commitment to analyse and publish the consultation responses, and to bring forward legislation.

The Scottish Government commissioned The Lines Between to undertake an independent, impartial analysis of the responses to the consultation, including the points made in the 15 consultation events.  This analysis was published on 15 November 2024, along with the responses themselves (where permission to publish was given).

We are carefully considering what we have heard during the consultation process to help inform development of the Crofting Bill, and are having further discussions with key stakeholders including the Crofting Commission and other members of the Crofting Bill Group and the Crofting Stakeholder Forum.

What the impacts were of the measures put in place for UEFA EURO 2020, which took place in 2021.

 

How the measures that are likely required by UEFA for EURO 2028 could affect businesses.

 

What kinds of measures and exemptions would be most appropriate.

In summary, there was general support for the proposed measures to protect commercial rights for EURO 2028. The most common view was that there would not be a noticeable impact on respondents. Benefits to consumers were often noted. Planning and communication to help people prepare for, and mitigate adverse impacts, were encouraged.

 

Key themes raised by respondents included:

 

Street Trading

 

The most common view was there had been no or little impact from the street trading restrictions for EURO 2020. Similarly for EURO 2028 the most common theme was there would be no or little impact.

 

A few respondents highlighted potential impacts on businesses. This included the need to provide information and guidance on the measures or having to relocate temporarily.

 

Potential positive impacts were also mentioned. These included minimised unauthorised trading and improved consumer rights and confidence.

 

There was no consensus as to whether any exemptions or other measures should be applied to help manage adverse impacts of street trading.

 

More broadly, respondents called for advance planning to help businesses prepare for EURO 2028.

 

Other comments included one call for the restrictions to apply to pedlar certificates too. This was due to a rise in issues related with these.

 

 

 

 

Advertising

 

Fewer respondents were aware of advertising restrictions for EURO 2020 than for street trading restrictions.

 

Again, the main view was that these same measures would have no impact for EURO 2028. Impacts on businesses, such as restricting their ability to advertise, was the second most common theme.

 

Just over half of respondents did not feel there were appropriate exemptions or other measures that should be applied.

 

There were some calls not to apply advertising restrictions to charities or community groups.

 

Ticketing

 

The most common view was that ticket touting laws for EURO 2020 had no impact on respondents. Respondents were most likely to feel the same would be the case if similar laws are used for EURO 2028.

 

Some respondents highlighted positive impacts for visitors arising from the ticketing proposals. This included visitors having less contact with ticket touts or inadvertently buying unauthorised tickets.

 

Some suggested exemptions. This included tickets sold for charitable purposes.

 

There were mixed views around which level of penalty was most appropriate. Most commonly there was uncertainty around the level that would be appropriate. Higher penalties were more likely to be supported than lower ones. Some felt the penalty should be proportionate to the situation or amount made by ticket touts. A few felt the penalty should be publicised and act as a deterrent.

 

Community impacts

 

A range of other community impacts were highlighted beyond the scope of the proposed legislation. These included:

 

• the most common theme was that EURO 2028 may impact vulnerable people or disabled people. One organisation noted these groups were more likely to be the target of scams;

• the impact on communities of littering and noise during EURO 2028;
• over-crowding and the impact this has on aspects like commuting to work for communities; and
• parking issues for residents or their carers

 

Business and Regulatory Impact Assessment (BRIA)

 

One organisation called for greater clarity about the proposals. This was because it was difficult to give a clear response until the “location, proximity or duration” of restrictions were known. They called for further consultation once these had been identified. This organisation also preferred Option 3 of the BRIA – bespoke EURO 2028 legislation that was proportionate and limited. This was also the Scottish Government’s preferred option.

 

Another organisation felt the BRIA was useful in contextualising the proposals. They also highlighted the importance of maintaining consumer trust.

 

Other views

 

There was a call from an events organisation for the principals of the legislation to apply to all mass gatherings including music events. This view was shared by an individual who felt existing, as well as new and one-off events, should be supported. This was due to the wide-ranging positive impacts on Scotland of events.

 

In terms of street trading, there were concerns around the negative impact poor quality goods have on the consumer experience. There was a call for strengthened consumer rights to help address this. One individual felt the proposals would mean less choice for the consumer, though did not expand on why they thought this.

 

There were also concerns about the loss of business to those with premises in and around event zones or who advertise in these areas. It was highlighted that sometimes local businesses do not benefit from events like EURO 2028 with most benefits being felt by those in city centre locations.

 

In relation to the broader regulatory context of events in Scotland, there were calls for more preparatory work. This included engaging with and providing information to stakeholders and groups that may be affected. It also included reviewing legislation around the governance of events to make sure it is fit for purpose.

The Scottish Government is grateful to those who took the time to write a response to the UEFA EURO 2028: commercial rights protection – public consultation. We are also grateful to those who came to the supporting virtual and in person events. We would like to thank the partners who supported the public consultation, in particular Glasgow City Council and Glasgow Life.

 

There were 26 responses to the consultation. The Lines Between has analysed the consultation responses. This is now available. Individual and organisation responses are also available where permission has been given.

 

The need for effective communications to under-pin the proposed legislation has come through strongly in the public consultation. Glasgow City Council will lead on a Communication Plan to help ensure that those potentially affected by any commercial rights protection legislation for EURO 2028 have access to all the information they need as early as possible. This will include guidance for street traders and pedlars in accessible formats.

 

There were calls for exemptions to the proposed legislation, including for charities. We are considering whether these – and any other exemptions – might be applied to the proposed legislation for EURO 2028.

 

There were mixed views on the level of fine for ticketing touting. We continue to work with lead partners to explore the pros and cons of an increased fine for this offence during EURO 2028.

 

The need to consider pedlars came across in the consultation. It also came up in related engagement with lead bodies. This is being factored into development of street trading restrictions.

 

Community impacts of EURO 2028 were highlighted. This included on vulnerable groups, such as older or isolated people, or disabled people. One organisation noted these groups were more likely to be the target of scams. We have also heard the concerns raised on littering, anti-social behaviour and traffic management issues. These are important points but they are beyond the scope of the proposed legislation. We have therefore highlighted these issues to the relevant authorities for further consideration.

 

Scotland’s National Events Strategy 2024-2035 aims to build on the events industry’s many achievements to date. The refreshed strategy aims to provide a strategic focus for all those involved in planning, securing, supporting, and delivering events of all sizes in Scotland. Under the priority theme of quality planning and delivery the Strategy also identifies a potential action to further examine and develop the future regulatory context for events to support an optimal environment for the delivery of this strategy, taking into account best practice from around the world. Relevant feedback from this consultation will inform the detailed action plan for the strategy that is being developed. This will regularly be monitored by the Event Industry Advisory Group.

 

The UK Government is launching a consultation in the autumn to explore options for introducing new consumer protections in relation to ticket resales. The Scottish Government continues to liaise closely with lead UK Government Departments on how issues in the ticket resale market can be tackled effectively across the UK including any legislative considerations.

 

The Scottish Government’s Programme for Government 2024-25 was published on 4 September 2024. This included a Bill to put in place commercial rights protections to meet UEFA’s requirements for hosting EURO 2028 matches in Scotland.

 

The analysis of all responses to the consultation have been carefully considered. Scottish Ministers will take these views into account in their decision-making.

 What is your view on the proposed TAC level for Clyde herring in 2024?

A range of responses were recieved, as can be found in the outcome report.

Having considered the best available scientific information, the wider obligations and analysed all responses submitted through the consultation process, the TAC for 2024 has been recommended to the UK Secretary of State at 583 tonnes. This is a rollover of the 2023 TAC and retains the existing management measures.