Scottish Government consultations

The Scottish Government’s Programme for Government1 2021/22, commits to: “…safeguard young people within the youth justice system, supporting a presumption against under 18s in the Criminal Justice System, keeping them out of young offenders’ institutions where possible and appropriate, while ensuring that victims receive the support they need. We will bring forward a Children’s Care and Justice Bill to support this transformation”.

The consultation was published on 30 March 2022 seeking views and feedback on policy proposals to inform the development of the Children’s Care and Justice Bill, intended to be introduced to the Scottish Parliament. The Government’s future legislative programme will be set out in the Programme for Government. This consultation covers potential legislative reforms to promote and advance the rights of all children and people who have been harmed. In particular, the objectives of these proposals are to safeguard and support Scotland’s children towards positive outcomes and destinations, especially those who may need legal measures to secure their wellbeing and safety. The proposals have a particular focus on children coming into contact with care and justice services or who come into conflict with the law.

The consultation closed on 22 June 2022, receiving 106 responses to the consultation from a broad range of stakeholders.

The independent analysis commissioned by the Scottish Government has been published. 

The responses, along with accompanying workshops, discussions and engagement and other evidence, will inform the Children’s Care and Justice Bill, committed to in the Programme for Government. This Bill, for introduction this Parliamentary year, will help ensure that children who come into contact with the care and justice systems are treated with trauma-informed and age-appropriate support. This includes helping Scotland Keep The Promise by putting an end to placing under-18s in Young Offenders’ Institutions.

On 13 April 2022, the Scottish Government published a consultation seeking views on key aspects of the revised National Strategy for Community Justice, including proposals for four national aims and associated priority actions which the Scottish Government and community justice partners should seek to deliver. 

The current model for Community Justice came into operation on 1 April 2017, underpinned by the Community Justice (Scotland) Act 2016 (the Act), which places duties on a group of statutory partners to engage in community justice planning and to report against a set of nationally-determined outcomes.

The Act required Scottish Ministers to produce a National Strategy for Community Justice, which was published in 2016. As per section 16 of the Act, Scottish Ministers reviewed the current strategy by 24 November 2021. Following this review, the consultation analysis report was published and proposals for the revised strategy were developed and consulted on. Once published, the revised strategy will supersede the 2016 strategy.

There were 75 responses to the consultation. Of these the majority (57) were received from groups/organisations, and 18 were received from individuals.

Overall, respondents to this consultation generally supported the national aims for the revised National Strategy for Community Justice. In addition, the majority of respondents agreed or strongly agreed with all of the priority actions associated with the national aims. Just over half (56%) of respondents felt that the four national aims captured the most important aspects of community justice. Some respondents however felt that parts of the strategy required further clarity and that the aims could include more of a focus on victims of crime, and trauma-informed and person-centred approaches. Where applicable, respondents also provided suggestions for improving each priority action.

There were also several recurring themes mentioned by respondents including reflections on the need for collaborative work and resources to meet the aims of the strategy, and recognition of the need for consistency of access to services, but that flexibility is required for delivery in order to respond to local needs.

The Scottish Government's analysis of responses to the National Strategy for Community Justice: Revision Consultation has been published.

The responses, along with accompanying workshop discussions and engagement and other evidence, have informed the finalisation of the revised National Strategy for Community Justice. The Scottish Government will publish an accompanying delivery plan in due course.

We asked for your views on the Scottish Government's proposals on the Scottish Pubs Code for tied pubs. This included proposals for information to be provided to new tenants and tenants renewing their leases, proposals on rent reviews and rent assessments and proposals on fees and expenses for arbitration.

An earlier consultation sought views on Market Rent Only lease and guest beer agreement proposals as part of the code.

We received a total of 30 responses to the public consultation, with 14 individuals and 16 organisations responding. 6 responses were from tied pub tenants and 6 responses were from pub-owning businesses.

Respondents generally had mixed views on the proposals. There were some differences in views between pub-owning businesses and tied pub tenants.

There was general support for most of the proposals around providing information and advice to new and renewing tenants.

On rent review, pub-owning businesses had concerns about the proposed triggers for the proposed rent reviews, which they often felt were not well enough defined.

On fees and expenses for arbitration, there was broad acceptance on the proposed fee of £250 for arbitration. Some tied pub tenants had some concerns around the expenses for arbitration. The issue here was around striking the right balance between discouraging vexatious cases and encouraging genuine cases.

Progressive Partnership was commissioned to undertake an independent analysis of responses. The report presents the findings from the public consultation and explains the methodology that was used to analyse responses.

Where permission to publish has been provided, the consultation responses are now available to view online.

The responses, together with the analysis report, and responses from the first consultation, will inform and shape the final Scottish Pubs Code regulations.