We Asked, You Said, We Did

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

We asked

We asked for your opinion on the Scottish Government’s proposed policy in relation to the content of the Enforcement Regulations.

You said

We received a total of 462 responses to the public consultation.  Of these, 16 were submitted by local authorities and 3 by Community Councils.  14 other respondents also identified their organisation, and 429 were listed as individuals.  All feedback received will help inform the content of the Enforcement Regulations.

We did

We have published non-confidential responses to the consultation and an analysis of the consultation responses (link below).  Preparations are now underway on the Enforcement Regulations and the feedback received from this consultation will help shape that process.

The full analysis report can be found here.

The original consultation can be found here.

We asked

We sought views on what Scotland’s National Events Strategy 2025-2035 should look like. The Scottish events sector, Scottish Government and VisitScotland are working together with trade unions and local authorities to do this. The related public consultation opened on 24 March 2023 and closed on 30 June 2023. In addition, VisitScotland delivered a series of nine workshops and a webinar to gather views.

You said

The online consultation survey received 102 responses from a mix of individuals (33%) and organisations (67%). In addition, a total of 222 participants attended the series of nine in person regional workshops and one virtual webinar in support of the consultation.

 

An independent analysis of the consultation responses has been undertaken. This is now available on the Scottish Government website.

 

The key findings of the analysis included:

 

General

 

  • 92% of respondents supported the proposed ambition of the strategy as set out in the consultation paper.

 

  • Boosting the economy and enhancing wellbeing and community engagement were considered to be the most important strategic priorities for events over the next 10 years. Promoting inward investment and a greater focus on equality, diversity and inclusion were also highlighted.

 

  • Priorities for mega events included ensuring legacy, clear benefits for local communities and maximising skills development opportunities.

 

  • Case studies could help measure event impacts and it was important to measure both the direct and indirect impact of events.

 

Wellbeing/Equality, Diversity and Inclusion

 

  • 83% of respondents agreed events are welcoming; 52% of respondents agreed that events in Scotland are inclusive (16% disagreed); 48% agreed that events in Scotland are accessible (12% disagreed) and 41% that events in Scotland are affordable (26% disagreed). A high proportion of respondents held neutral views regarding three of the four statements. This perhaps highlights a difficulty in answering this question in general terms given the variation in accessibility, affordability, inclusivity and the level of welcome across all events in Scotland.

 

  • Some respondents were keen to see the development of wellbeing measurement frameworks to enable consistent data collection and evaluation.

 

  • 55% of respondents agreed that event organisers involve communities in planning. Boosting community engagement and ownership were identified as particular opportunities. 28% neither agreed nor disagreed.

 

  • The majority of people responding to the survey indicated that the diversity of events in Scotland is very important. The barriers to diverse events were inadequate infrastructure ,an absence of suitable event spaces outside of cities, supply chain capacity and a funding.

 

Working in the sector

 

  • 61% of those responding to the survey think that the event sector is an attractive place to work.

 

  • The majority of respondents felt that better regulation of the sector on working hours, pay and conditions would boost Fair Work.

 

  • The majority of respondents did not think that there are sufficient opportunities to learn about what it is like to work in the event sector, to gain the relevant skills and experiences and to further a career in the sector.

 

Net Zero and Environmental Sustainability

 

  • More information and guidance would help event participants/attendees limit any negative environmental impacts.

 

  • Tools to help enhance environmental sustainability could be developed for event organisers.

We did

Working with VisitScotland, we are using the results of the consultation analysis to inform further engagement with stakeholders including: the events sector (including the Event Industry Advisory Group); the Convention of Scotland’s Local Authorities; Trade Unions; organisations representing Scotland’s communities; and other bodies with an interest in events.

 

The views and evidence gathered will then be used- alongside the findings presented in the public consultation analysis and responses themselves- to inform the drafting of the National Events Strategy 2025-2035. This will be led by VisitScotland with support from the Scottish Government and others listed above. We expect that the strategy will be published in the Spring of 2024.

 

 

Meantime, we would like to offer a Scottish Government response to some of the findings emerging from consultation. This is set out below:

 

  • We are encouraged that the majority of respondents to the survey supported the proposed ambition of the strategy. The more detailed content of the strategy will be developed on this basis.

 

  • Boosting the economy and contributing to enhancing wellbeing and community engagement were considered by respondents to be the most important strategic priorities for events. Work underway to build on this includes:

 

  • Further development of the partial Business and Regulatory Impact Assessment with lead partners. This will help to identify the costs, benefits and risks for businesses and will be published alongside the new strategy. Recent actions include discussions with regulators to hear their views on the opportunities and challenges.
  • An Equality Impact Assessment, Fairer Scotland Duty Assessment and Island Community Impact Assessment are also being developed for the strategy. Their findings will contribute to the strategy’s strategic outcome around the wellbeing, along with research funded by VisitScotland and the recently published Mental Health and Wellbeing Strategy’s ‘whole person approach’. Views that emerged from the Regional Engagement Workshop in Orkney and responses from island communities and organisations will be especially relevant to the development of the Island Community Impact Assessment. We also aim to build on this through further engagement with island communities.

 

  • We are working with lead partners to develop the collective approach to the other three strategic priorities identified in the consultation- contributing to the drive towards net zero and environmental sustainability, making the event sector a better place to work and showcasing and promoting Scotland’s assets. Environmental Sustainability/Net Zero and Fair Work are key priorities for the Scottish Government.

 

  • We will continue to identify areas for collaboration with policy areas across the Scottish Government – including culture, education, historic environment, public health, trade, and tourism. Possible areas of alignment include with the Culture Strategy Action Plan (which is being refreshed), International Culture Strategy (which is under development) and Our Past, Our Future, the new strategy for Scotland’s historic environment sector, which was published earlier in 2023.

 

  • On ensuring a greater focus on equality, diversity and inclusion, we have been continuing to engage with organisations representing communities. For example, on 9 August 2023 the Cabinet Secretary for Constitution, External Affairs and Culture hosted a roundtable with lead partners to explore the opportunities and challenges to boosting Equality, Diversity and Inclusion via the national events strategy review. Further discussions and actions from this meeting will be progressed in advance of finalising the strategy with developments recorded in the Equality Impact Assessment.

 

  • The analysis highlighted the importance of accessibility, inclusion, and affordability in terms of creating an excellent event experience. Less than half of respondents to the survey felt that Scotland’s events were accessible and affordable, although a high proportion of respondents held neutral views. These aspects will be a priority for further discussion with lead partners during the remainder of the strategy review. VisitScotland’s inclusive and accessible tourism programmes already provide a range of tools, advice and guidance to boost social tourism, inclusion and accessibility, and we will explore any opportunities to build on this approach in future.

 

  • It is encouraging that most respondents to the consultation agreed that event organisers involve communities in planning and set out how the event will affect them. Meaningful community engagement and secure community ownership were identified by the analysis as key. Building on this, we will ensure that learning from previous events of all sizes is fed into the strategy review process.

 

  • 61% of those responding to the survey think that the event sector is an attractive place to work. However, there was a call for better regulation of the sector in terms of working hours, pay and conditions. Employment law is reserved, however,   we will continue our discussions with lead partners as part of a broader discussion around Fair Work, skills development and attracting and retaining talent within the sector, and discuss with the UK Government as appropriate. We continue to encourage the use of the Volunteer Charter which sets out 10 principles that provide the foundations for a good volunteer experience.

 

  • Just transition to net zero is a strategic priority for the Scottish Government as a whole. In response to the feedback for more guidance around environmental sustainability to help events and those attending them make the step changed needed to achieve Net Zero, we are currently reviewing the resources and tools available to assist businesses on their Net Zero journey and how these fit with the needs of the event sector. We are also exploring what measures/indicators might be best to showcase the event sectors broad progress towards Net Zero for further discussion and agreement with the sector as part of the new strategies wider measurable outcomes.

 

  • Securing sponsorship or working towards diversifying event organisers revenue streams were identified as financial opportunities for events. Concerns around the availability of public sector funding support for events was a headline theme emerging from the regional engagement workshops in support of the strategy review. While there are significant constraints on public funding, we will continue work with partners to agree and target public support. For example, events that help us deliver a wellbeing economy which works for individuals and communities and supports the transition to net zero. For the Scottish Government, this is expected to include refining the Strategic Alignment Framework which is used to consider mega event opportunities and delivery of these.

 

  • In response to feedback on measuring event impacts, including the use of case studies, we will continue work with analysts and partners to explore these and other measures further, building on the current Event Impacts. Work on improved measurement is also expected to consider measurement of societal and environmental impacts.

We asked

On 17 March 2023, the Scottish Government published a consultation on the draft legislative clauses to introduce a proposed relief from Land and Buildings Transaction Tax (LBTT) for Green Freeports. Views and comments were sought on key aspects of the draft legislation in order to identify any proposals for legislative amendments which could address any issues of concern.

You said

The consultation closed on 12 May 2023. Submitted responses have been published where permission has been given.

We did

The Scottish Government has published its response to the consultation.

The responses, along with evidence from accompanying stakeholder roundtable discussions and available data, have informed the published legislation. The Scottish Government has published The Land and Buildings Transaction Tax (Green Freeports Relief) (Scotland) Order 2023.

We asked

The draft Energy Strategy and Just Transition Plan was published for consultation on 10 January 2023 and set out our vision for an energy system that delivers affordable, resilient and clean energy supplies.

The consultation provided an opportunity for communities, workers, citizens and businesses to engage in the process of designing Scotland’s energy transition. The purpose of the consultation was to:

1. seek views on our vision and the actions we are taking to transition to an affordable, resilient and clean energy system; and

2. understand how we secure the maximum social and economic benefits from the energy transition for Scotland.

The consultation included 58 open-format questions and considered the following key themes: preparing Scotland for a just energy transition; scaling up renewables and reducing our reliance on other energy sources; energy demand; and ensuring that we create the conditions for a net zero energy system. We also asked for views on just transition outcomes, potential impacts of the strategy and for feedback on the Strategic Environmental Assessment of the draft plan.

During the consultation period, a series of engagement events also took place to encourage discussion on a just energy transition. This included open, online workshops, specific industry-led events, thematic and sector specific engagement and awareness raising sessions open to everyone.

You said

The consultation on the draft Energy Strategy and Just Transition Plan closed on 9 May 2023 and received 1,598 responses; 242 of these came through Citizen Space and 1,356 were submitted by email.

71% of respondents were organisations and 29% of respondents were individuals.

We commissioned independent, qualitative analysis of the consultation responses and the analysis report has been published on the Scottish Government’s website. The report presents the findings of the consultation and explains the methodology used to analyse the responses. We have also published the consultation responses in accordance with respondents’ preferences.

We did

We are fully considering stakeholders’ views and the responses to the consultation will inform the final Energy Strategy and Just Transition Plan. The consultation responses will also provide useful feedback and evidence for the associated impact assessments, helping to identify and address unintended consequences.    

We are continuing to work through the details of the analysis and plan to publish the final version of the Energy Strategy and Just Transition Plan by Summer 2024. Reflecting our ongoing commitment to a fair transition for all, we will continue to engage with a range of stakeholders as we work towards the final publication.

We asked

We asked you whether further regulation of independent health care services in Scotland is needed. Additional information was asked about whether independent health care services offered by pharmacists and pharmacy technicians, which are not provided from a registered pharmacy or under the terms of an NHS contract, should be regulated by Healthcare Improvement Scotland (HIS). We also asked whether independent medical agencies where services are provided by a medical practitioner, dental practitioner, registered nurse, registered midwife, dental care professional, pharmacist or pharmacy technician, along with unregulated independent medical agencies that are headquartered in Scotland and operate entirely online, should be regulated by Healthcare Improvement Scotland (HIS). We also asked you, should HIS be able to cancel the registration of any independent health care service that fails to pay its continuation fees after a certain period of time.

You said

After the removal or reconciliation of duplicate responses, we received a total of 67 responses to the consultation. 47 responses were from individuals and 20 from organisations. The responses showed strong public support for further regulation of independent health care services in Scotland, as well as for independent healthcare services provided by pharmacists and pharmacy technicians, which are not provided from a registered pharmacy or under the terms of an NHS contract, to be regulated by Healthcare Improvement Scotland, and for independent medical agencies, including those that are headquartered in Scotland and operate entirely online, to be regulated by HIS in the same way as other independent healthcare services. There was also a consensus of support towards HIS being able to cancel the registration of any independent health care service that fails to pay its continuation fees after a certain period of time.

We did

We have published all non-confidential responses to our consultation and the analysis of these responses. Direct links to these publications can be found below.

We asked

Prior to Adult Disability Payment being introduced on 29 August 2022, we gave commitments to both conduct an independent review a year after national launch and undertake work to consider potential alternative approaches to the mobility component.

We held a public consultation seeking views on the eligibility criteria for the mobility component of Adult Disability Payment. The consultation ran from 31 January 2023 to 25 April 2023. Six remote and in-person events aimed at a variety of audiences, including disabled people and stakeholders, supplemented the online consultation.

This consultation did not set out or advocate a preferred Scottish Government position or policy. Instead, this consultation was an opportunity for the people of Scotland and our stakeholders to provide views on the evidence presented on the mobility component.

You said

A total of 210 responses were received. Of these, 108 responses were received via a survey tool created, launched and promoted by MS Society Scotland. People with lived experience of Multiple Sclerosis were asked six questions, and their responses were automatically entered into Citizen Space. The tool automatically answered ‘yes’ to two further questions on behalf of respondents. Whilst some of these questions were different to the consultation questions, we have considered the responses as part of the consultation analysis.

Most formal consultation responses were from individuals, with 37 responses from organisations. A range of organisations responded including third sector organisations, local authorities and representative bodies.

During the consultation events, attendees also shared their views of the eligibility criteria for the mobility component of Adult Disability Payment. Their insights were considered alongside the formal consultation responses.

We did

We commissioned an independent research company, The Lines Between, to conduct the analysis of the consultation responses and we have published the analysis report as well as an Easy Read version of the report on the Scottish Government website. The report presents the findings of the consultation and explains the methodology used to analyse the responses. We have published the consultation responses, where permission has been given to do this, on Citizen Space.

Your responses to the consultation and the outcomes of the research will help to inform the independent review of Adult Disability Payment when it commences later this year.

We are continuing to work through the details of the independent review and are taking the time needed to get decisions right. We will provide further details as soon as we are in a position to do so.

We asked

We asked for views on a proposal to change the index for pitch fee uprating under the Mobile Homes Act 1983 from Retail Price Index to the Consumer Price Index, and the impacts of moving away from the current index.

You said

We recieved 171 responses to the consultation, with a particularly strong response from residents of mobile homes. There was a substantial consensus from residents and local authorities in support of the proposals. Views from the smaller number of site operators who responded were mixed. Analysis of the consultation responses is in the Consultation Report on Pitch Fee Uprating Under the Mobile Homes Act 1983. 

We did

We have taken account of the evidence gathered in the consultation and intend to bring forward legislation at the earliest opportunity to change the presumed basis of pitch fee uprating under the Mobile Homes Act 1983 from RPI to CPI for both existing and future contracts. We also propose to make a further change to the Mobile Homes Act 1983 so that the statistical basis for uprating pitch fees can be amended by secondary rather than primary legislation in the future. 

We asked

Following a judicial review hearing at the Court of Session, the Court issued a decision in the case of Ola Jasim v Scottish Ministers [2022] CSOH 64 on 9 September 2022.

At the time of the Court’s decision, Scottish Ministers gave an undertaking to review the residency eligibility criteria in advance of the 2023/24 Academic Year (AY) which commences on 1 August 2023.

We asked for views on the residency eligibility conditions that should be considered as part of any new Regulations for the 2023/24 AY.

The Consultation ran from 24th January 2023 to 31st March 2023.

You said

We received 131 responses. 31 were received from organisations primarily based in Scotland, 97 from individuals, and 3 from campaign groups.

Respondents were generally supportive of eligible students requiring a relevant connection to Scotland, including asylum seekers.

The Consultation also highlighted that added flexibility should be considered to the current eligibility rules to enable students to become eligible for funding part way through a course. The current residency conditions determine eligibility at the start of a course.

There were a number of responses in the consultation in relation to armed forces personnel and/or their dependants. Several bodies representing various factions of the Armed Forces were critical of the current policies around access to home fee status and student financial support.

We did

The Scottish Government has published a comprehensive response to the consultation findings at https://www.gov.scot/isbn/9781805258445. This outlines the changes that are being made in legislation for the 2023/24 AY around the relevant connection to Scotland and support for some asylum seekers.

The Report also highlights some areas where it was not possible to reach a conclusion on and address in the current regulatory timescales. Scottish Government officials will consider these matters further and acknowledge that many of the stakeholder groups who responded to the consultation noted their willingness to engage in more detail on the matter. 

The Scottish Government would like to thank everyone who took the time to provide a written response to the consultation exercise and who took the time to meet with officials especially those individuals who had been adversely impacted by the previous long residence rules.

We asked

You to provide feedback on the draft Specification to help us to make improvements to it.

You said

There was a high level of support for the Specification. You asked for the outcomes to be clear, concise, appropriately described and defined, specific, measurable, and easily understood.

We did

We have worked to make the language easier to understand and presented the outcomes separately for service users and for those who deliver psychological therapies. This ensured that expectations were set out clearly to allow service users to understand what to expect and the workforce to know how to deliver against the Specification.  

We asked

What is good and what could we improve about the draft standards for adult secondary mental health services?

You said

You agreed with most of the standards but wanted the language to be clearer and the standards to apply more widely than just adult services.

We did

We have worked to make the language easier to understand and have expanded the scope of the standards so that they are now Core Mental Health Standards.

We asked

We asked for views on the Scottish Government’s proposed definition of ‘Gypsies and Travellers’ for the purposes of section 16B of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning (Scotland) Act 2019. This would be provided in Local Development Planning Regulations that will overall support the implementation of the future local development plan system, a system which manages the development and use of land in the long term public interest.

We asked 7 consultation questions. These sought views on our proposed definition of ‘Gypsies and Travellers’, how councils can better involve the Gypsy and Traveller communities in planning consultations and processes, and the impact this (or any) definition would have in businesses and protected characteristics (to inform the Business and Regulatory Impact Assessment and Equalities Impact Assessment).  We asked for responses by 15 February 2023, allowing 8 weeks for comments.

As part of this consultation, we also conducted four in-person engagement events with Travelling community members and have been considering the feedback from these events alongside the online responses.

You said

You provided us with 41 responses to our consultation questions. These included responses from 23 organisations and 17 individuals. Respondents included local authorities, housing services, Gypsy/Traveller representative bodies, Travelling Showpeople organisations, third sector organisations and other professional bodies, as well as communities and individuals.

Respondents were generally supportive a definition of ‘Gypsies and Travellers’ to provide clarity on the Evidence Report consultation stage of the local development plan. Key recurring issues with our proposed definition included:

  • The need to recognise ethnic Gypsy/Travellers as a distinct category to Travelling Showpeople
  • The acknowledgement that Travellers stop travelling for various reasons that cannot be pinpointed exactly and thus cannot be listed in one definition
  • The need to ensure that the definition is not so broad that it includes non-travelling people, as the proposed definition included ‘persons who require the provision of land for temporary or permanent living’ and this is not restricted to Gypsies and Travellers

We did

We have taken account of the responses which have informed the final definition to be included in Development Planning regulations, laid in Parliament on the 24th March 2023.  

We asked

For your views on Scotland’s current inspection, scrutiny and regulatory systems for social care support to inform the recommendations of the Independent Review of Inspection, Scrutiny and Regulation (IRISR). The IRISR was chaired by Dame Sue Bruce with Mr Stuart Currie as Vice Chair.

A stakeholder engagement programme for the IRISR took place between October 2022 and January 2023. This consisted of two main elements: a call for evidence and a series of engagement events. Twenty engagement events (both online and in- person) were held across Scotland. Both elements of the programme asked questions across five key themes:

  • Theme 1: A person-centred approach.
  • Theme 2: What needs to be inspected, scrutinised, and regulated?
  • Theme 3: How should inspection, scrutiny, and regulation be carried out?
  • Theme 4: How will we know systems are working?
  • Theme 5: How will systems of inspection, scrutiny, and regulation support the workforce?

You said

The consultation closed on 13 January 2023. A wide range of people participated including providers of social care support, representative bodies, regulators, local authorities, advocacy organisations, individuals, and others. 100 responses were received to the call for evidence, 60 were from organisations and 40 from individuals. 149 people attended the in-person and online events.

The IRISR heard that there is a gap between the intention of inspection, scrutiny and regulatory processes and what is often experienced by those who use and work in social care support and linked services. People told us that inspection, scrutiny and regulation should be extended to include areas that are not part of the current arrangements. The IRISR also heard that there should be a greater emphasis on people over processes, continuous improvement, valuing the workforce and collaboration.

We did

The responses to this consultation have informed the IRISR report and recommendations by Dame Sue Bruce, published on 27 September 2023. This is accompanied by an independent analysis of the consultation by Why Research, IRISR Call for Evidence Analysis Report.

We asked

For your views on Scotland’s education and skills system to inform the Independent Advisor, James Withers’ recommendations to Ministers regarding the future of the skills delivery public body and advisory landscape.  

The consultation, which was launched on 28 October 2022, asked 23 questions across 7 broad themes: 

  • Skills Delivery Landscape, 

  • Apprenticeships, 

  • National Occupational Standards, 

  • Upskilling and Reskilling, 

  • Sector and Regional Skills Planning, 

  • Careers and Young People, and 

  • Employer Support and Engagement.

You said

The consultation closed on 23 December 2022. A total of 164 responses were received from a variety of stakeholders and individuals, with views from across the wide range of topics presented.  

We did

The responses to this consultation have informed James Withers’ final report and recommendations, now published at: Fit for the Future: developing a post-school learning system to fuel economic transformation - gov.scot (www.gov.scot), which was accompanied by an independent analysis of the consultation. Where permission was granted, the consultation responses are also available to view.  

We asked

Our Wildlife Management in Scotland consultation sought views on a range of topics related to wildlife management, with sections covering grouse moor licensing, muirburn and matters relating to the use of traps and snares. The purpose of the proposals is to address raptor persecution and ensure that the management of grouse moors and related activities are undertaken in an environmentally sustainable and welfare-conscious manner.

The consultation opened on 26 October 2022 and closed on 14 December 2022.

You said

We received 4,863 responses to our consultation questions. These included responses from 129 organisations and 4,734 individuals. Respondents included animal welfare organisations, land management organisations, sporting organisations, conservation organisations, pest controllers and public bodies.

Respondents were generally supportive of the proposed introduction of a licensing scheme for grouse shooting, an expansion of the current muirburn licensing scheme, and the further proposed restrictions relating to wildlife traps. Respondents were also supportive of proposed ban on the use of glue traps.

A full analysis of the consultation is available on the Scottish Government website.

We did

The Scottish Government introduced the Wildlife Management and Muirburn (Scotland) Bill to address raptor persecution and ensure that the management of grouse moors and related activities are undertaken in an environmentally sustainable and welfare conscious manner. The Bill will do this by implementing the recommendations of the independent review of grouse moor management (the “Werritty” review). The Bill contains provisions to:

  • Ban the use and purchase of glue traps and introduce licensing and training requirements for certain other types of wildlife traps;
  • Introduce a licensing regime for land used for the shooting of red grouse;
  • License all muirburn; and
  • Introduce enabling powers to allow the Scottish Ministers to extend the role of inspectors appointed under the Animal Health and Welfare (Scotland) Act 2006 to investigate certain wildlife offence.

More information is available on the Parliament website.

We asked

We sought views on proposals for a new Agriculture Bill, “Delivering our Vision for Scottish Agriculture. Proposals for a new Agriculture Bill”. The consultation opened on 29 August 2022 and closed on 05 December 2022.

The consultation sought views on proposals which aim to deliver the Vision for Agriculture and transform how we support farming and food production in Scotland to become a global leader in sustainable and regenerative agriculture.

As part of this consultation to gather views from a range of stakeholders and from members of the public across Scotland, we also undertook 9 in-person and 5 online engagement events.

You said

A total of 392 valid responses were received to the consultation, of these 225 were from individuals, and 167 were from organisations. The in-person and online engagement events were attended by approximately 600 people. We heard a range of views from members of the public and stakeholder organisations across Scotland. Overall, the consultation analysis shows that all proposals in the consultation received a higher level of support than opposition. Respondents were also given the opportunity to provide further feedback on each proposal. Following qualitative analysis, these views have been presented via emerging themes. It is important to highlight that many views and themes relate to the detail of future support and schemes, and therefore subsequent secondary legislation, which was not consulted on at this stage. These responses will be considered by policy leads during further policy development.

We did

We commissioned an independent research company, Diffley Partnership, to undertake an independent analysis of all responses and feedback received to the online consultation and during the consultation events. The consultation analysis report was published on 22 June 2023, and presents the findings from the public consultation and explains the methodology that was used to analyse the responses.

Where permission to publish consultation responses has been provided, the responses are now available to be viewed on Citizens Space.

The responses and the analysis report to this consultation have informed the development of the new Agriculture Bill. We have been using the responses to the consultation to help inform the new Agriculture Bill to reflect the feedback received during the consultation. The wide range of answers and evidence, which relate to future schemes and policy, will be taken into account to inform future policy development.

We asked

On 26 October 2022, the Scottish Government published a consultation on the NHSScotland Supporting Work Life Balance policies.  This consultation paper included:

  • Flexible Work Pattern Policy
  • Retirement Policy
  • Career Break Policy
  • Special Leave Policy
  • Maternity Policy
  • Shared Maternity and Shared Adoption Policy
  • Parental Leave Policy
  • Breastfeeding Policy
  • Adoption, Fostering and Kinship Policy

Views and comments were sought on the policies and proposed supporting documents in order to identify any gaps and policy amendments required.  The consultation also sought views on the potential impacts of each policy on equalities groups.

You said

Flexible Work Pattern Policy

  • Respondents requested clarification on terms and conditions be incorporated into the policy or supporting documentation.
  • A number of respondents felt that more information or tools to support employees in understanding the impact of amending working patterns would be helpful.
  • A number of respondents reflected that the policy had the potential to support employees and improve recruitment and retention within NHSScotland.

Retirement Policy

  • Respondents requested clarification on the use of annual leave during retirement.
  • A number of respondents asked for timescales regarding applications to the Scottish Public Pensions Agency (SPPA) to be incorporated into the policy.
  • Respondents requested further information on the appeals process in relation to retire and return.

Career Break Policy

  • A number of respondents requested clarification on the use of Keeping in Touch (KIT) days during a career break including whether these are paid.
  • Some respondents asked for the responsibilities of an employee whilst undertaking a career break to be emphasised.
  • Clarification was requested in the eventuality that an employee's post is no longer available following a career break.

Special Leave Policy

  • A number of respondents requested further information on entitlements and types of special of leave be included within the policy.
  • Respondents requested further examples of when special leave could be granted.
  • Respondents noted the challenge in assuring equitable access to, and application of, special leave.

Maternity Policy

  • Respondents requested clarification on eligibility for maternity leave and pay to be made within the policy.
  • Respondents requested clarification on accessing antenatal care appointments.

New Parent Support Policy

  • Respondents requested the policy outline the process following receipt of leave request.
  • A number of respondents requested clarification on the application of policy in relation to miscarriage.
  • A number of respondents requested clarification on the use of multiple policies to support new parents.

Shared Maternity and Shared Adoption Policy

  • Respondents requested further information on Shared Parental Pay (ShPP) arrangements.
  • Respondents requested additional signposting between policies to support parents and flexible working policies.

Parental Leave Policy

  • A number of respondents requested clarification on the use of parental leave for step-parents and also for kinship care arrangements.
  • A number of respondents requested more detail on the notice required, duration of leave and pay arrangements.

Breastfeeding Policy

  • Respondents requested further information on the facilities which should be available to staff who are breastfeeding or expressing be included in the policy.

Adoption, Fostering and Kinship Policy

  • Respondents requested further detail on the application of the adoption, fostering and kinship policy in respect of leave entitlements and pay arrangements.

We did

Consultation responses were analysed and carefully considered for policy amendment. Key themes from the consultation and suggested amendments to the draft policies were reviewed by the ‘Once for Scotland’ Workforce Policies Programme Board.   

Flexible Work Pattern Policy

  • Clarification provided by the Scottish Terms and Conditions Committee (STAC) have been reflected in the policy and supporting documents.
  • Calculator tool developed to support employees understand the impact of changing their working hours on their gross pay.
  • A standardised appeals process has been added.

Retirement Policy

  • Information on the use of annual leave during a phased retirement has been incorporated into the manager and employee guides.
  • Further detail has been added to manager and employee guides on timescales, considerations for retire and return and a new section on partial retirement.
  • A standardised appeals process has been added.

Career Break Policy

  • Policy has been updated to clarify use of KIT days and accrual of annual leave during a career break.
  • Employee responsibilities whilst on a career break have been included in the employee guide and within the career break agreement.  This includes the ability to work during a career break.
  • In instances where the employees post is no longer available following a career break, the policy and supporting documentation signpost managers and employees to access local redeployment policies.
  • A standardised appeals process has been added.

Special Leave Policy

  • Information on entitlements has been incorporated in the policy under types of leave, along with a clear signpost that this must be read in conjunction with the Manager Guide and Employee Guide.
  • The guides have been developed to assist managers in the decision-making process for whether special leave or another type of leave or arrangement is more appropriate whilst maintaining a person-centred approach.

Maternity Policy

  • Policy and supporting documents have been updated to clarify entitlements based on employment status, expected date of birth and evidence required to support access to antenatal care.
  • Calculator tool developed to support employees understand their maternity leave dates and when they may be entitled to statutory and occupational maternity pay.
  • Additional signposting between policies to support parents and flexible working policies incorporated.

New Parent Support Policy

  • Section added to the policy on next steps following receipt of an application.
  • Guides updated to reflect that only one type of leave can apply at one time.
  • Additional signposting between policies to support parents and flexible working policies incorporated.

Shared Maternity and Shared Adoption Policy

  • Calculator tool developed to support employees understand their maternity leave dates and when they may be entitled to statutory and occupational maternity pay.
  • Further detail added on the process for eligible employees to convert their maternity or adoption leave into shared parental leave, and how to apply for shared parental leave and shared parental pay.
  • Additional signposting between policies to support parents and flexible working policies incorporated.

Parental Leave Policy

  • The employee and manager guides contain further detail on the application of parental leave in respect of purpose, pay and notice required.
  • Additional signposting between policies to support parental responsibilities.

Breastfeeding Policy

  • The manager and employee guides expand on the facilities which should be made available to staff to support breastfeeding or expressing.

Adoption, Fostering and Kinship Policy

  • Additional signposting between policies to support parents and flexible working policies incorporated.
  • For fostering and kinship, the guides encourage a person-centred approach depending on the employee’s individual circumstances. Employees who need time off are signposted to request leave under other policies.

The Scottish Workforce and Staff Governance Committee (SWAG) formally approved on 29 June 2023 the full suite of NHSScotland supporting work life balance workforce policies.  These policies, and associated supporting documents, set the standard for employment practice for NHS Boards and can be accessed at https://workforce.nhs.scot/

We asked

The consultation paper ‘Land Reform in a Net Zero Nation’ sought views on several proposals for inclusion in a new Land Reform Bill. The consultation opened on 4 July 2022 and closed on 30 October 2022, asking a total of 51 questions. We also invited respondents to give us views on other ideas and proposals, which may or may not be included in the Bill.

The consultation sought to gather views from a range of stakeholders and from members of the public across Scotland. As part of this we also undertook five in-person engagement events across Scotland with a further event taking place online.

 

You said

We heard a range of views from members of the public and stakeholder organisations across Scotland. In total, 537 responses were received to the consultation, of which 375 were from individuals and 162 were from groups or organisations.

We did

Where permission to publish consultation responses has been provided, the responses are available on the Scottish Government’s consultation hub.

We also commissioned an independent research company, Craigforth, to undertake an independent analysis of all responses. The feedback from the six consultation events, which included comments and questions from those attending, was also included in the analysis.

The consultation analysis report was published on 2 June 2023, and presents a question-by-question analysis of answers to the closed questions and further comments at open questions. The report also explains the methodology that was used to analyse the responses.

The responses and the consultation analysis report will help inform the development of the proposals in the Land Reform Bill.

We asked

Independent advice was provided to the Scottish Government on aspects of education reform in Scotland in March 2022. We welcomed Professor Muir’s recommendation in relation to the creation of a shared framework for the inspection of early learning and childcare (ELC) and we committed to further consult the ELC and school aged childcare sector on the challenges raised regarding a dual inspection approach.

The consultation set out our vision for how inspection of ELC and school age childcare services will contribute to improving outcomes for children and families and the guiding principles that underpin that approach. It sought to gather views on the strengths of existing arrangements, where improvements can be made and on specific proposals to streamline and improve the inspection of ELC and school age childcare services through the introduction of a shared quality framework.

You said

254 responses were provided to the written consultation. Additionally, 11 events recorded comments provided by 380+ attendees. Feedback was received from a wide range of respondents, including local authorities, trade unions, ELC and school aged childcare representative and membership bodes, academic organisations, the Inspectorates, and parents/carers. The largest proportion of responses came from practitioners and childcare providers themselves.

A strong desire for change was expressed with 78% of respondents in favour of the introduction of a shared framework to be used for inspection.  The consultation responses also confirmed the following:

  • The proposed vision and principles were supported by over 90% of respondents, but could be further improved;
  • That experiences of inspection varied across the country, with 39% having mostly positive experiences, but with 21% reporting largely negative experiences of inspection.  A huge range of rich examples of both types of experience were shared with us;
  • A number of respondents voiced their support for a single inspectorate with a single approach, despite the consultation not asking questions on this;
  • There is a need to recognise and reflect the differences between types of providers and settings;
  • Views were expressed that any new framework needs to provide clarity, consistency, a common language, streamline bureaucracy, be supportive and reduce burden and stress on practitioners;
  • There needs to be more communication, collaboration and joint working, and an equally valued input and role for both Inspectorates. 80% of respondents consider that more could be done by the Inspectorates to improve coordination and cooperation between themselves and only 13% agreed that they currently worked well together. 

We did

The Scottish Government has published a comprehensive response to the consultation findings. This outlines the work we will take forward in response to a number of the issues raised. The response also includes a joint statement from the Care Inspectorate and Education Scotland, which confirms their commitment to working together to develop a shared framework which will be ready to implement in 2024.

We will provide updates as this work develops.

We asked

We held a public consultation seeking views on proposals to inform the continuous improvement of the Scottish system of social security. The consultation ran for a period of 12 weeks from 4 August 2022 to 27 October 2022. Six remote and in-person events aimed at a variety of audiences supplemented the online consultation. 

In line with the Social Security Principles and Social Security Scotland's Charter, the measures proposed are principally intended to improve client experience and deliver increased value for money. 

You said

A total of 34 responses were received. Most consultation responses were from organisations, with five responses from individuals. A range of organisations responded including charities, local authorities, NHS boards, trade unions and solicitors.

During the consultation events, attendees also shared their experiences of the Scottish social security system. Their insights are being considered alongside the formal consultation responses.

We did

We commissioned an independent research company to conduct the analysis of the consultation responses and we have published the analysis report on the Scottish Government website. The analysis report is also available in easy read format. We have published the consultation responses, where permission has been given to do this, on Citizen Space.

We commissioned research to be undertaken with Social Security Experience Panel and Client Panel members focussed on certain consultation topics to supplement the feedback from engagement events and formal consultation responses. The findings have been published online and are available to view as a main report and a visual summary

Your responses to the consultation and the outcomes of the research will help to inform the Scottish Government’s social security policies as they are refined and developed, in line with the Scottish Social Security Principles. 
 

We asked

We sought views on the further development of the New Build Heat Standard, following an initial scoping consultation in 2020-2021. The purpose of the consultation was to seek views on a number of key areas relating to the introduction of the New Build Heat Standard in 2024. Questions related to the overall approach to regulation, use of specific technologies, conversions, equality and non-domestic concerns.

The focus on new buildings - and conversions (in certain circumstances) - is a significant step forward in meeting our future climate change targets and a crucial milestone in our broader Heat in Buildings Strategy.

As part of the consultation process we held three, two-hour long, online workshops. These provided an opportunity for stakeholders to engage directly with us and focused on the themes of equality and consumers, island communities, and the treatment of non-domestic buildings.

You said

We received 112 responses to the consultation, 91 from businesses and other organisations and 21 from individuals.

We have published the responses received on our consultation platform where the respondent has given permission for us to do so. 

The majority (62%) of respondents supported proposals introducing the New Build Heat Standard. The responses received to the consultation were, generally, supportive of both our intentions to introduce regulations around zero direct emissions heating. However, respondents did note there may be unintended consequences relating to the prohibition of bioenergy, non-domestic buildings with complex heat needs, and the provision of emergency back-up supplies.

We did

The Lines Between were 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.

The responses, together with the analysis report, helped to inform and shape the regulations laid in the Scottish Parliament on the week commencing 5 June 2023, prior to taking effect from 1 April 2024.

In summary, we propose that:

  • The NBHS will apply to all new buildings – both domestic and non-domestic - constructed under a building warrant which is applied for on or after 1 April 2024.
  • The NBHS will prohibit the use of heating and cooling systems, located within the curtilage of any new building, which produce more than a negligible level of greenhouse gas emissions at the point of combustion. This will help to ensure that new and developing technologies, which may produce insignificant or trace direct greenhouse gas emissions, are not inadvertently prohibited.
  • The NBHS will apply to the conversion of existing buildings where a) the conversion involves a change in occupation or use of the part of the building in which an existing direct emission heating system is located and b) it is reasonably practicable to do so. Further guidance will be provided on what the latter means in practice.
  • The NBHS will not apply to any emergency back-up heating system, which has been installed solely for use in the event of the failure of the heating or hot water service system which is designed and installed for use during the normal operation of the building.
  • The NBHS only extends to the provision of space heating, cooling and hot water. Any other ‘processes’ which use or generate heat or hot water for any other purpose are not within the scope of these regulations.

The standard will be introduced through building regulations and we intend to update the building standards Technical Handbooks later in 2023. A link to these Handbooks will be provided once published.