We Asked, You Said, We Did

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

We Asked

For views on a list of Scottish Bodies that the Scottish Government is considering adding to Schedule 7 (debt powers) and Schedule 8 (fraud powers) of the Digital Economy Act 2017. We also asked whether there were any other Scottish Bodies that should be considered.  

You Said

We received responses from 18 organisations and 7 individuals. The majority were supportive of the proposals. Some asked to be included in them. Three individuals said that the Scottish Bodies listed should not be added to the Schedules.

We Did

We published a further consultation https://consult.gov.scot/digital-directorate/public-authorities-sharing-data-2 on certain additional Scottish Bodies being considered for inclusion in the Schedules.

We Asked

We sought your views on a proposal to postpone the determination of the period of the bathing season for 2020 and of the designation of any bathing waters, in light of the on-going COVID-19 pandemic, and to keep the matter under review throughout the summer months in line with the Scottish Government’s COVID-19 framework for decision making.

You Said

The consultation received 551 responses. 36 were from organisations and 515 from individuals.

60 responders agreed to the proposal to postpone the 2020 bathing water season and keep it under review over the summer in line with the Scottish Government COVID-19. 23 of these were organisations including key public bodies such as local authorities and regional NHS Boards, the Scottish Environment Protection Agency, and other relevant public bodies. 37 responders who agreed were individuals.

Objections to the proposal were received from 491 responders. 13 of these were from organisations such as the Marine Conservation Society, Surfers Against Sewage, sailing and water sports clubs and associations, and two community councils. 478 responders who disagreed were individuals.

We Did

Scottish Ministers have considered the responses to the consultation. In light of the on-going pandemic, particular recognition was given to the responses from local authorities, regional NHS Boards, the Scottish Environment Protection Agency, and other relevant public bodies.

Scottish Ministers have determined that the bathing water season will be postponed and bathing waters will not be designated during Phase 1 of lockdown easing. This decision will be kept under review throughout the summer of 2020 in line with the Scottish Government’s phased approach to easing lockdown restrictions as set out in the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020, the Scottish Government’s COVID-19 Framework for Decision Making and associated guidance.

It should be understood that postponing the bathing season does not imply that beaches are closed. They remain open for local individuals to enjoy in line with the above-noted Regulations and guidance.

We Asked

In January 2020, the steering committee overseeing the development process published a scoping document setting out proposals for Scotland's AI strategy.  A consultation on these proposals ran from 17 February to 22 May.

You Said

Over 80 responses were received, Alongside broad support for the proposals, the desire for more dialogue and case studies on AI, skills and training, people-centeredness and the need for an ethical approach were highlighted. 

We Did

We’ll consider these and other issues that emerged as we move forward. We will also draw on the outputs from the public engagement programme and working groups that took place over summer 2020. 

We Asked

We sought views on the final investment priorities and charging principles for the period 2021-27.

You Said

You were broadly content with the proposed documents.

We Did

Final versions of the documents will be published shortly to allow the Water Industry Commission for Scotland to publish its Draft Determination.

We Asked

We asked for views on what parts of the body should be listed in regulations as exempt from deemed authorisation for organ and tissue donation under the new ‘opt out’ law.

It is proposed that deemed authorisation will only apply to certain organs and tissue which are commonly donated for transplantation from deceased donors in Scotland. 

More novel or rare transplants, for example involving limbs, are carried out very infrequently across the UK. However it is necessary to set exclusions out in regulations in order to provide certainty and reassurance about what is included in the new system.  These types of transplants will only be able to be carried out with explicit authorisation.

You Said

Overall, 13 responses were submitted, including 8 from organisations. Responses were primarily from those directly involved in the deceased donation and transplantation pathway across NHS Scotland. Two responses were submitted via e-mail following the closure of the consultation, and were accepted.

The majority of respondents considered that the proposed content accurately reflected current practice and was comprehensive, though some raised questions around the inclusion of trachea in Group 1 as an excepted part, the inclusion of some tissue types in Group 2 and whether some body parts should be in different groups. There were also requests for future legislative guidance to be clear on the effect of these regulations.

A number of responses also addressed wider points about the ongoing implementation of the Human Tissue (Authorisation) (Scotland) 2019 Act, such as on public information and awareness raising.

We Did

The responses to this consultation have informed and shaped the content of the Human Tissue (Authorisation) (Excepted Body Parts) (Scotland) Regulations, which have now been laid before the Scottish Parliament on 23 September 2020. This can be viewed here: https://www.legislation.gov.uk/sdsi/2020/9780111046562/contents

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

An analysis of the responses to the consultation has been published on the Scottish Government website and can be viewed here: https://www.gov.scot/publications/human-tissue-authorisation-excepted-body-parts-scotland-regulations-analysis-consultation-responses/

We Asked

We sought your views on the proposal for the Scottish Government to seek the Parliament’s approval to extend the duration of part 2 order making powers in the Public Services Reform (Scotland) Act 2010 for a further 5 year period from June 2020 to June 2025.  

You Said

You provided us with 15 responses to the question in our consultation. The responses came in from 10 organisations and 5 individuals.

With regard to the proposal to seek Parliaments approval to extend the part 2 order making powers for a further 5 years, our analysis of the responses found that 12 were in agreement, 3 advised they were unsure and no objections to the proposal were received. 

We Did

As the responses received clearly supported the proposal to seek Parliaments approval to extend the order making powers for a further 5 year period we have taken the necessary action to allow Parliament to consider and scrutinise the request to extend the powers.

 

We Asked

We asked for views on draft Mainstreaming Equality Outcomes for Social Security Scotland.

We are currently developing our first Equality Strategy to ensure equality is at the centre of all our activities. The consultation sought feedback on five draft outcomes as well as on activities to help achieve each outcome and on ways to measure progress on achieving each outcome. 

You Said

A public consutlation was held between 7 November 2019 and 6 February 2020 using the Scottish Government's online consultation hub. This was supported by nine events across Scotland. A total of 81 responses were received online and a total of 108 people attended an event. The events were open to the public but places had to be booked in advance. The events gave individuals and stakeholder organisations the opportunity to receive more information about the Equality Outcomes and participate in group discussion. 

There was broad consensus in the feedback received and this will be used to rework the outcomes and clarify the approach we will take.

We Did

An external company was commissioned to undertake the analysis of the responses made online and at the events. This report presents the findings from the public consultation and the events and explains the methodology that was used to analyse responses.

These findings have been discussed by our Executive Team and Executive Advisory Body. We are re-writing the outcomes and will be more explicit in the ambition we have and how we will measure our progress. We will also establish a Network of critical friends to inform our approach.


https://www.gov.scot/isbn/9781839607998

We Asked

We sought views on a proposed work programme and sustainability appraisal on reviewing and extending permitted development rights (PDR) in Scotland.  The consultation ran from 5 November 2019 and closed on 28 January 2020. PDR remove the need to apply for planning permission in certain circumstances as set out in the Town and Country Planning (General Permitted Development) (Scotland) Order 1992.  The sustainability appraisal covered 16 development types with the proposed work programme set out over several phases.

You Said

A total of 113 submissions were received - 61 responses from group respondents and 52 from individuals.  Comments were received on the proposed work programme, accuracy and scope of information, predicted effects and on mitigation and monitoring,

We Did

We Asked

We asked for views on a minor amendment to road works legislation. We sought views on the proposal to revoke the Scottish Statutory Instrument,  “The “Scottish Road Works Register (Prescribed Fees) Regulations 2019” and replace it with a new Regulation to account for the running costs of £911,000 for the 2020/21 financial year.

You Said

In total, twelve responses to the consultation were received, from utility undertakers, roads authorities, one contractor and one individual. Brief analysis of these responses is detailed below. 

There was overall support for the proposal: six responses gave full support; and two gave support with a note that over the long term either the costs or the supporting cost sharing model should be reviewed. Of the four remaining responses, two were not content with the agreed cost sharing matrix developed by the Roads Authority and Utility Committee (Scotland). One response objected to any kind of cost sharing, noting that the costs should not be borne by local government. One response discussed a lack of clarity over how the monies raised are spent. It should be noted that this information is available at a high level through the Scottish Road Works Commissioners annual account, and can be made available in more detail through information access regimes. 

We Did

The consultation responses have been carefully considered. The majority of respondents supported the proposal to replace the 2019 Scottish Statutory Instrument. As a result, we will now revoke the Scottish Statutory Instrument, “The “Scottish Road Works Register (Prescribed Fees) Regulations 2019”, and replace it with a new Regulation as proposed.

We Asked

The Human Tissue (Authorisation) (Scotland) Act 2019 (‘the 2019 Act’) provides a framework for the authorisation and carrying out of pre-death procedures.  When the 2019 Act is implemented in autumn 2020, pre-death procedures must be specified as either Type A or Type B in order for them to be carried out

We asked for views on whether a proposed list of medical procedures that will form the content of the Human Tissue (Authorisation) (Specified Type A Procedures) (Scotland) Regulations was both accurate and comprehensive. It was explained that pre-death procedures are the routine medical procedures normally completed in an intensive care unit to assess the suitability of organs and tissue for transplantation, or to increase the likelihood of successful transplantation for the recipient.

 

Type A procedures are those medical procedures which are currently routinely carried out and which Scottish Ministers consider are appropriate to be carried out in accordance with the provisions of the 2019 Act and not requiring any further restrictions or requirements.  They include procedures such as the taking of a blood sample, taking of a urine sample and other routine procedures such as an electrocardiogram (ECG).

You Said

19 responses were submitted, including nine from organisations. Responses were primarily from those directly involved in the deceased donation and transplantation pathway across NHS Scotland.

In response to consultation questions on the proposed list of procedures, a number of respondents highlighted two procedures that they recommended for removal as a Type A pre-death procedure (which were computerised tomography (CT) scan and magnetic resonance imaging (MRI)). A number of other potential amendments were variously put forward to more accurately reflect current practice and also to suggest inclusion of a variety of other medical procedures which are less common, in the context of facilitating deceased donation and transplantation.

We Did

The responses to this consultation have informed and shaped the content of the  Human Tissue (Authorisation) (Specified Type A Procedures) (Scotland) Regulations 2020, which have now been laid before the Scottish Parliament on 03 February 2020. This can be viewed here: http://www.legislation.gov.uk/sdsi/2020/9780111043981/contents

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

An analysis of the responses to the consultation has been published on the Scottish Government website and can be viewed here: https://www.gov.scot/publications/human-tissue-authorisation-specified-type-procedures-scotland-regulations-analysis-consultation-responses/ 

We Asked

We asked for feedback on our draft 2020-23 Corporate Plan to make sure our final Plan fully reflects views from all of Scotland.

The consultation covered activity related to rural estates, coastline, seabed, investing in built development and more.

Helping attract offshore wind investment, supporting new ways of growing food and closer working with communities – particularly on the coastline – are just some of the proposals we asked for views on.

A Strategic Environmental Assessment (SEA) was undertaken to assess the likely environmental effects of the draft Corporate Plan. An Environmental Report, detailing the findings of the SEA, was also consulted on.

You Said

The consultation was open online from 31st August to 9th December. In total 44 responses were received. The responses have provided constructive views and suggestions to questions asked on the draft Plan and the Environmental Report. 

The non-confidential responses to the consultation are now published and available on this consultation summary page.

The overall response to the direction of the Draft Plan was positive. Most respondents agreed with strategic direction outlined in the Plan and supported the proposed investment strategy as well as our focus on partnership working.

Respondents also highlighted some areas we could improve on, including simplifying the Plan structure and language, further embedding community engagement and making clearer our role in helping create a net zero economy.

We received a total of 18 responses to the Environmental Report prepared as part of the Plan’s Strategic Environmental Assessment.

Responses received by Consultation Authorities were generally positive with comments focussing on additional baseline information sources, providing a more detailed explanation of the Screening process and flagging supplementary mitigation and enhancement opportunities we could engage with.

Wider consultation responses focussed on potential ways the Plan could maximise positive environmental effects and flagged additional information sources to inform the assessment findings.

We Did

The consultation responses were considered by an independent agency who put together a consultation analysis report, highlighting key themes and findings from the responses. This report can be found on this consultation summary page and on the Crown Estate Scotland website.

We will also be publishing a Post-Adoption Statement, detailing how we have included the feedback on the Environmental Report in the final Plan and how we plan to monitor it’s continued environmental impacts.

The Post-Adoption Statement will be published on our website, alongside the final 2020-23 Corporate Plan and a note detailing how we have responded to points raised through the consultation and through the additional impact assessments (Island communities; equalities and children’s rights and wellbeing).

We will be launching the final 2020-23 Corporate Plan in April 2020.

We Asked

In 2019, the Scottish Government consulted on the principles of a visitor levy. The consultation sought views on: the balance between local autonomy and national consistency; the activities a visitor levy should apply to; the design of a visitor levy, including the basis of charge, rate and exemptions; administration and compliance; and local decision making.

You Said

A total of 1,701 responses were received from a diverse range of organisations and individuals. Of these, 1,202 were based on a campaign response that did not address any of the questions set out in the consultation. Of the remaining 499 responses, 275 were from individuals and 224 were from organisations.

We Did

The independent analysis of the responses, now published online, presents the range of views held by those that responded. The Scottish Government recognises the range and strength of views held by those that responded. Where consent was given, individual responses have been published and are available on Citizen Space. 

The Scottish Government has announced that, as a result of COVID-19, work to introduce a visitor levy has been halted. However, in line with research guidance, we are required to publish the analysis of the consultation responses. We are grateful to all who took the time to respond to this consultation.

We Asked

For views on the detailed design of a redress scheme for survivors of historical child abuse in care which included:

  • Defining eligibility of who would be able to apply to the scheme;
  • The structure of payments and what the evidence requirements should be;
  • Arrangements for making an application and the length of time the scheme should be open for applications;
  • Provision for next-of-kin;
  • How those responsible should make financial contributions to the scheme and wider support; and
  • How the redress scheme might be delivered.

You Said

280 responses were received from a wide range of interested parties including individual survivors, survivor representative organisations, local authorities, current and previous care providers, the third sector and the legal sector.

We Did

Analysis of the consultation responses was carried out by a team of independent analysts.  The final report was published on 23 March 2020, an Executive Summary is also available. 

The findings from the consultation are helping to shape the content of legislation which will be introduced to the Scottish Parliament later this year. 

We Asked

We asked for views on our draft Strategic Management Plan for the Scottish Crown Estate.  The Plan outlines a vision and a set of objectives, priorities and policies for the future management of the assets to deliver wider and long term social, economic and environmental benefits.

You Said

The consultation opened on 30 August 2019 and closed on 22 November 2019.  A total of 34 responses to the Strategic Management Plan were received.  Overall, respondents agreed with our proposed vision, objectives, priorities and policies. 

We Did

An external researcher was commisioned to undertake the analysis of the consultation responses.  This analysis has now been concluded and can be found here .

Scottish Ministers are considering the responses which will inform the development of the final Strategic Management Plan for the Scottish Crown Estate. 

We Asked

We sought your views on the appointment and functions of an Independent Child Trafficking Guardian (ICTG); and also on some of the wider operational issues concerned with the provision of a new ICTG service that will support children and young people who are, or vulnerable to becoming, victims of trafficking.

You Said

You provided us with 40 responses to our consultation questions.  These included responses from 19 organisations, 18 Individuals and 3 who wished to remain anonymous.

With regard to the appointment and functions of ICTG’s, our initial analysis of the responses found that a majority were in agreement with the proposed functions of the new role.  A number of helpful suggestions, references and requests for clarification were provided to ensure that the support provided by the new service is robust. 

On the broader issues we asked you about regarding additional support for victims, measures to prevent re-trafficking, data sharing and conduct, you have provided some really helpful suggestions that will inform the design of the new service and any supporting guidance we develop. 

We Did

Responses to the consultation have now been published where permission has been obtained to do so.  Analysis of the responses is ongoing and we will publish a full and more detailed analysis report on the responses we received to this consultation by February 2020.

The responses received will inform the development of the new Independent Child Trafficking Guardian role.  It is anticipated that the role will be fully implemented in 2021 to allow sufficient time to draft regulations and guidance and complete a tendering exercise for the new role.

We Asked

Following the fire at Grenfell Tower in 2017, the Scottish Government Ministerial Working Group (MWG) on Building and Fire Safety commissioned three reviews, including the Review of the Fire Safety Regime in Scotland for High Rise Domestic Property. Whilst the review concluded there were no gaps in legislation, it made Recommendations to strengthen fire safety in high rise domestic properties and to introduce Scottish guidance concerning “Fire safety in specialised housing”.

A public consultation ran from 31 July – 22 October 2019 to gather information and views on draft Guidance.  This helped shape and improve the content.

The Scottish Government Fire and Rescue Unit also engaged with key groups in a number of consultation events throughout the summer of 2019 to discuss the key elements, promote participation in the consultation and to seek early views to help shape the structure and content of the Guidance.

You Said

The consultation received responses from a total of 38 respondent organisations. The responses came from local authority housing providers (8), Housing associations (6), Care and support providers (1), Scottish Fire and Rescue Service (1), Advice agencies (15), Consultants/contractors carrying out fire safety risk assessments (2) and people with views on the subject, including those with relatives living in Specialised Housing (3), Managing agents or facilities managers (1). Independent/private sector housing providers (1). No residents or tenants responded to the consultation.

Based on the consultation responses, the Guidance has been welcomed by stakeholders and interested parties. It was acknowledged that there is a need for enhanced fire safety measures for many in Specialised Housing, due to the vulnerability of some residents.

Most comments sought further clarification e.g. on the types of dwellings in scope or to use less technical language. Further editorial suggestions included providing weblinks to relevant legislation and a succinct description of landlord/housing provider responsibilities. Some professional bodies made specific suggestions for changes or additions to the technical content.

Similarly, participants in the consultation events welcomed the introduction of the Guidance and of the person-centred and premises based approaches.  Issues raised included:

  • presentational format of the Guidance. 
  • clarity with regard to fire safety responsibilities between multiple organisations.
  • scope of the Guidance ie. range of premises covered .
  • impacts on budgets.

We Did

We published an analysis of the consultation responses on 30 January 2020.

https://www.gov.scot/publications/consultation-practical-fire-safety-guidance-existing-specialised-housing-similar-premises-analysis-responses/

Based on feedback from the consultation, the following revisions were made to the Guidance:

  • Redrafted Introduction with clarified Purpose and Scope.
  • Restructure of the Guidance to place person-centred guidance at the beginning of the document to allow easy reference for non-specialists.
  • Simplification of the language used, wherever possible.
  • Further detail on how responsibilities and funding for fire safety should be managed between multiple organisations.
  • Additional information on a range of fire safety issues .
  • Improved links to other fire safety guidance, related information and legislation.

We Asked

We asked for views on six draft Strategic Police Priorities.

You Said

Overall the draft Strategic Police Priorities were positively received.  There were some areas where respondents felt they could be further developed.

We Did

We have strengthened the priorities in the areas of engaging with local communities, working in collaboration with partners, and supporting the development and wellbeing of the police workforce.

We Asked

We asked for feedback on our draft Energy Efficiency (Private Rented Property) (Scotland) Regulations 2020 and associated draft Guidance.

The consultation set out the intentions of the regulations to require landlords of privately rented homes to meet minimum energy efficiency standards from April 2020.

The consultation sought to raise awareness of the standards proposed and the means by which they will be introduced. We also sought views on the accompanying guidance to support the Regulations to ensure that users have sufficient information to begin implementation of the standards required.

You Said

The consultation was opened online from 17 June to 13 September 2019. A total of 40 responses were received. The responses have provided constructive views and suggestions to the questions asked on the Regulations and Guidance.

We Did

Responses to the consultation have now been published where permission has been obtained to do so. Analysis of the responses has now been completed and you can access the full report through the link below. These responses will inform the development of the associated Guidance.

We Asked

We sought your views on whether or not the proposed extension of the Power of Direction in Section 57 of the EPA 1990 is:

(A) Necessary to ensure full compliance with EU obligations and:

(B) Appropriate to prevent damage to human health and harm to the environment in circumstances where no other mechanism is available.

You Said

The consultation received 10 responses. 7 were from organisations and 3 from individuals.

There was agreement that the extension was necessary from 5 respondees.

Of the remaining 5 respondees, 4 provided comment on the format of the regulations whilst supporting the need for the extension.

The comments received centred around 3 main themes.

  • The lack of a right to appeal;
  • That extensive consultation with SEPA and waste operator take place before the power of direction was issued’ and
  • Account be given in the legislation to the changes to waste permits and licenses in the upcoming Integrated Authorisation Framework.

The remaining respondee commented on the general need for the extension.

No formal objection to the proposed extension was received.

We Did

We responded to the five respondees who made comment on (a) the format of the regulations and (b) the need for them and provided answers to their comments as follows:-

We explained that there is no appeal mechanism in respect of Ministerial powers of direction as the direction may only be used where immediate action is to prevent environmental harm or protect human health. A right of appeal would potentially delay action being taken, thus defeating the purpose of the provision.

We advised that consultation with SEPA would be standard practice, and we would consult with SEPA and the operator to explore whether agreement could be reached without having to use the power of direction, which we see as a last resort. We consider it would not be appropriate to add those steps to the legislation, as this could also potentially delay action being taken, thus defeating the purpose of the provision.

We confirmed that the drafting would work to include authorisations under the Integrated Authorisation Framework, once waste is included in that regime. Further, should that give rise to a need to make consequential amendments, powers are available to make those amendments.

We confirmed that notwithstanding existing EU obligations, Scottish Ministers consider it appropriate and necessary in the interests of protecting human health and the environment, to extend the current power of direction to all operators which accept, keep or dispose of waste.

 We have published those responses where consent has been given to publish.

As there were no formal objections, arrangements have been made to lay the draft regulations before the Scottish Parliament.

We Asked

We consulted on which households should have an enhanced heating regime applied when calculating whether they were in fuel poverty or not.   We have now published an analysis of the responses to the consultation and this can be accessed on the Scottish Government website - http://www.gov.scot/ISBN/9781839604461

 

You Said

We are grateful for the responses and the feedback and carefully considered all the suggestions that were made.   We have set out our response to the consultation and this can be accessed on the Scottish Government website -http://www.gov.scot/ISBN/9781839604478 

We Did

The responses have shaped The Fuel Poverty (Enhanced Heating) (Scotland) Regulations which were laid in Parliament on 17 December 2019.  The draft regulations can be found at http://www.legislation.gov.uk/