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 views on two minor amendments to road works legislation. Firstly, we sought views on the proposal to revoke the Scottish Statutory Instrument,  “The “Scottish Road Works Register (Prescribed Fees) Regulations 2017” and replace it with a new Regulation to account for the running costs of £855,000 for the 2019/20 financial year. Secondly, we sought views on amending “The Road Works (Qualifications of Operative and Supervisors (Scotland) Regulations 2017”, by expanding the list of approved awarding bodies to include a fourth body, “Lantra” 

You Said

In total, nine responses to the consultation were received, from utility undertakers, roads authorities and one individual. Brief analysis of these responses is detailed below. Two additional responses were received after the closing date, and so do not feature in the analysis, but have been considered.

 

We Did

These responses have been fully considered. We will now amend/replace both Scottish Statutory Instruments as proposed.

We Asked

We asked for your opinion on proposals to permit motorsports events, such as stage rallies, hill climbs and trials of speed, on closed public roads in certain circumstances.  We sought your views on a proposed two stage regulatory process whereby an event organiser would be required to seek a motorsports permit from the relevant Motorsports Governing Body and then a Motorsports Order from the relevant Local Roads Authority.

You Said

We received a total of 3,788 responses to the public consultation.  There was clear support for the introduction of a two stage application process with 98% of respondents in support of that proposal.  There was also clear support (99%) for the proposals to give powers to Local Roads Authorities to close public roads for motorsports events in line with the powers they already have for other events.

We Did

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

The full analysis report can be found here.

We Asked

If you agree with this amendment to increase the higher age limit for persons eligible for continuing care from twenty to twenty-one years of age, from 1 April 2019.  This is the final in the agreed annual roll out strategy to ensure the initial cohort of young people (born after 1 April 1999) remain eligible until the duty to provide continuing care extends from 16 to 21 years of age.

You Said

The public consultation received 26 responses from 4 individuals and 22 organisations including from COSLA, local authorities, the Care Inspectorate, the third sector and individuals. Respondents all agreed with the intention of the Draft Order.  We have published the responses with respect to the handling permissions provided to us.

We also invited any others comments on the draft Order and the Continuing Care provision more broadly. Where respondents have offered comment we summarised the key points raised and, where appropriate, offered a response to these concerns in the Consultation Analysis Report which can be accessed here: 

The Continuing Care (Scotland) Amendment Order 2019; Consultation Analysis Report

We Did

Of the responses received there was universal agreement that extending the upper age limit of eligibility to twenty-one is the expected and welcomed course of action. As a result, no adjustments were requested or made to the drafting of the Order.  The Draft Order was laid in the Scottish Parliament on 25 January 2019 for scrutiny.  If approved by parliament, this Order will come into force on 1 April 2019 meaning that eligible young people will be entitled to remain in Continuing Care up to age twenty-one. 

 Links:

 The Continuing Care (Scotland) Amendment Order 2019; Consultation Analysis Report

Published Responses:

View submitted responses where consent has been given to publish them.

We Asked

We asked for views on a draft of Scotland’s Forestry Strategy 2019-2029: its vision, objectives and priorities, as well as the ways in which we could monitor progress.

You Said

We received a total of 442 responses to the public consultation. 102 (23%) of these were from organisations, with the remaining 340 (77%) submitted by individuals. 216 of the responses from individuals (49% of the total number of responses) were identical and generated as part of a campaign led by Woodland Trust Scotland.

There was general support for the draft Strategy and its content. However, there were also numerous, yet often conflicting requests for changes to be made to the detail, structure and presentation of the document.

We Did

We have published non-confidential responses to the consultation and an independent analysis of the consultation responses (links below). Alongside the final Strategy, a report outlining our approach to consultation and explaining how consultation responses informed the final content and structure of the Strategy is available at: https://www.gov.scot/policies/forestry/forestry-strategy-project/.

We Asked

This consultation set out the rationale for making it a requirement for all members of Boards of Health Bodies to be members of the Protection of Vulnerable Groups (PVG) Scheme. 

We asked you whether you thought the policy should apply to all Board members (both executive and non-executive) and across all Health Bodies.

The consultation ran between 31 August and 23 November 2018.

You Said

We received a total of 34 responses from a range of different organisations and individuals.  85% of the responses offered full support of the policy – that all members of Boards of all Health Bodies should be required to be members of the PVG Scheme. 

The Commissioner for Ethical standards in Public Life in Scotland did not give a view on the policy but noted that he would be supportive of the policy as long as it was implemented in a way that remained consistent with the Code of Practice for Ministerial Appointments to Public Bodies in Scotland.

NHS Health Scotland responded that as the organisation will soon cease to exist they did not think the policy should be applied to their Board members.

3 other respondents indicated that they didn’t think that it was necessary to implement this policy for all members, only those who have unsupervised contact with vulnerable groups.

We Did

We are now working with Disclosure Scotland to make changes to the relevant legislation which will mean that members of Boards of all Health Bodies will be required to be members of the PVG Scheme.

We are also developing new learning packages for Board Members to raise awareness about the PVG Scheme.

We Asked

We asked for views to help inform and further refine how the Scottish National Investment Bank will operate, how its relationship with Ministers and the wider population will develop and how its strategic direction will be set by missions.

Respondents were asked to give their views on the proposed objectives and purposes of the Bank, and share views on the statement of the Vision for the Bank. Responses generally fell within 5 broad themes identified across all 16 questions:

  • The opportunity and the Bank’s objectives and purpose
  • The focus for investment activities
  • Operating model, classification and capitalisation
  • Governance and relationship with Ministers
  • The Bank’s staffing and employment arrangements

The consultation was open from 5 September to 31 October 2018. In addition, nine stakeholder workshops and twelve bilateral meetings were held with key stakeholders.

You Said

The consultation received 1,443 responses comprising of 40 responses from organisations, 1,383 responses as part of a campaign from Friends of the Earth Scotland and a further 20 responses from individuals. We published the responses on 28 November 2018.

Overall respondents supported the creation of the Bank, the Bank’s objectives and purpose, seeing it as an opportunity to support and grow Scotland’s economy. A range of perspectives were provided, with many supporting the Bank’s vision to move to a low carbon, high-tech, connected, globally competitive and inclusive economy.

A significant number of respondents were supportive of the Bank’s proposed investment activities, with many advocating the Bank’s mission-based approach, the investment strategy and ethical commitment. There was very strong support for the Bank’s proposed mission to support Scotland’s transition to a low carbon economy.

While a range of views were expressed, the overarching opinion was that the Bank’s culture, governance, approach to businesses and individuals must be different to that of other financial institutions.

Several respondents were supportive of the Bank’s operational approach. A significant number of respondents supported the Bank’s governance arrangements and the fact that the Bank should be accountable to Scottish Ministers, while maintaining operational and administrative independence.

Some respondents raised concerns over whether the proposals for capitalisation were sufficient to support the Bank but there was recognition that the proposed level of capitalisation was ambitious and achievable. Others remarked that it would be important that the Bank was not subject to political pressure.

On remuneration, there was recognition that the Bank will operate within the financial services sector and to succeed will need to be competitive to attract the right skills and expertise. However, respondents also felt this needs to be balanced with the Public Sector Pay Policy.

We Did

We commissioned an independent analysis of the consultation responses, including views gathered during the stakeholder workshops and bilateral meetings. You can read this here.

The Scottish Government will be introducing legislation to support the establishment and capitalisation of the Bank in late February 2019. The responses are being considered carefully to help inform the content of the legislation and shape the structure of the new body.

We will continue to engage with stakeholders as we develop the proposals to ensure we build an institution with the right values, vision and purpose.

We Asked

We asked for views on the introduction of electronic invoicing to the Scottish public sector and held a public consultation which was open for 12 weeks from 1st August 2018.

You Said

In total 21 responses to the consultation were received: 13 from local authorities; 1 from NHS; 2 from central government; 2 from trade organisations; 2 from suppliers; and 1 from an individual.

All bar one respondent agreed that the introduction of eInvoicing was a positive step and 80% of respondents highlighted some procedural barriers or challenges in the implementation of eInvoicing.

We Did

All responses have been fully considered and all non-confidential responses received have been published. The EU Directive 2014/55/EU on Electronic Invoicing in Public Procurement will be implemented through amendment to the Public Contracts (Scotland) Regulations and will come into force 18 April 2019.

We Asked

For your views on two proposals intended to create independent oversight of the acquisition, retention, use and disposal of biometric data for criminal justice purposes: the establishment of a new independent Scottish Biometrics Commissioner; and the creation of a draft Code of Practice for the collection, use and disposal of biometric data.  As part of our consultation we set out a draft high level Code of Practice describing the legal framework and proposed general principles; and a note describing the possible general functions and powers of  a new Biometrics Commissioner, for your views. 

The key aim was to seek your feedback on our proposals which aim to ensure an effective, proportionate and ethical approach to the use of biometric data, particularly with regard to children under the age of 18, which will in turn enhance public and professional confidence in the use of such data.

These proposals follow recommendations from an Independent Advisory Group (IAG) which reported to Scottish Government in March 2018.  The full IAG report is available to read at https://www.gov.scot/publications/report-independent-advisory-group-use-biometric-data-scotland/.

You Said

Our consultation on these proposals ran from 13 July to 1 October.  We received a total of 89 responses. The largest number (88%) were from individuals, with a small number from public sector organisations (7%); third sector organisations (4%) and a professional body (1%).  We also held four consultation stakeholder events (Scottish Youth Parliament; Equalities Groups; Police Workforce; and a mixed event including academics).  These were attended by a total of 44 individuals. 

Respondents were broadly supportive of the two key legislative proposals included in the consultation: 89% being in favour of the establishment of a Scottish Biometrics Commissioner; and 83% of respondents supporting the need for a Code of Practice. Some respondents were in favour of extending the scope of the Code and the Commissioner beyond Justice, to include other public authorities and the private sector.

We Did

We published the 40  submitted responses to the consultation where consent had been given to publish the response, on our consultation webpage available at https://consult.gov.scot/safer-communities/use-of-biometric-data/consultation/published_select_respondent.  

We also commissioned and published an independent analysis of our consultation responses.  The full report was published on 26 November 2018 and is available to download at https://consult.gov.scot/safer-communities/use-of-biometric-data/results/biometricsdata-finalconsultationanalysis.pdf.

We announced our intention to introduce a Biometric Data Bill in the  Programme for Government published in September 2018. The Bill will provide a legislative basis for the creation of an independent Scottish Biometrics Commissioner and a Code of Practice, as proposed in the consultation document. 

We will carefully consider findings from your responses and continue to engage with key stakeholders to further refine the policy and shape the content of legislation.  Subject to the wider parliamentary timetable, we expect the Bill to be introduced in the first half of 2019.

We Asked

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

You Said

You were broadly content with the proposed documents.  However, there was disagreement with the proposal to alter the single occupant status discount.

We Did

Further engagement will be undertaken with the affected demographics and relevant interest groups before any amendments are made to the existing household discounts.

We Asked

We sought your views on the best approach to deliver a deposit return scheme for Scotland that would achieve the following principles:

  •  increase the quantity of target materials captured for recycling
  • improve the quality of material captured, to allow for higher value recycling
  • encourage wider behaviour change in the use of materials
  • deliver maximum economic and societal benefit for Scotland.

 The consultation sought feedback on eleven components that will comprise a well- designed and effective system:

  •  What materials will be collected
  • What types of products will have a deposit on them
  • Where you will be able to get the deposit back
  • How the scheme will be paid for
  • How the scheme is communicated so everyone understands it
  • How to prevent fraud in the system
  • How much the deposit should be
  • What infrastructure to put in place, and the logistics involved
  • How to create additional benefits from the scheme
  • Who owns the system
  • How the system is regulated

You Said

The consultation received 3,215 responses. This comprised responses from 159 organisations, 2,008 individuals and 1,048 campaign respondents.

 There was widespread agreement amongst both organisational and individual respondents that a well-run and appropriately targeted DRS could provide opportunities in relation to improving the environment, changing people’s attitudes to recycling and littering, and building the circular economy. In relation to the design and operation of the scheme, there was a range of areas in which respondents (both organisations and individuals) expressed a large degree of consensus, and other areas where there was some divergence.

 A key point is that there was support for a scheme that included the widest range of materials possible. However, organisations (and especially food and drink producers, retailers, and recycling and waste management organisations) were much more likely than individuals to favour a scheme which targeted a more limited set of materials – PET plastic, metal cans and, to a lesser extent, glass. Furthermore, there was widespread agreement that the scheme should use either a model based on take-back to a place that sells drinks, or a mixture of take-back and designated drop-off.  Responses indicated support for a deposit in excess of 15p to ensure the system is effective and provides the right incentive to encourage recycling.  A number of cross-cutting themes were identified, including the need for the scheme to be as accessible as possible, including strong communications; that it should be seen as part of wider work on producer responsibility; and that any design developed should be evidence based.

We Did

We have commissioned independent analysis of the consultation responses, and have published the final report of the analysis here: https://www.gov.scot/publications/deposit-return-scheme-scotland-analysis-responses/

 We have also published those responses where consent has been given to publish, which can be found here:

 The feedback and evidence from the consultation has been fed into the on-going design work of a deposit return scheme for Scotland. We will announce next steps on this shortly.

We Asked

For your views on setting a long-term standard for domestic buildings; phasing of private rented and owner occupied sectors towards reaching the long term domestic standard; our proposal for setting benchmark standards for non-domestic buildings; access to EPC data; and on what legislation may be needed more widely to support the Programme.

You Said

We received 130 respondws of which 94 were from groups or organisations and 36 were from individual members of the public.

For meeting the long-term standard, respondents made a broad statement of support for the proposal. However, approvals were frequently accompanied by caveats, primariliy that the targe date should be earlier than 2040 - most frequent suggestion being 2030.

a number of respondents expressed concern that the proposals were unrealistic or potentially too ambitious, espicially for properties with older traditional/stone built construction.

Concerns were raised around the use of EPC methodology. The need for accurate EPCs in which consumers had confidence was highlighted.

We Did

We published the analysis of the responses on 22 November.

A consultation will be published in March 2019 which will ask for views on the impact of bringing forward the target date for domestic properties. Further details on our intended approach to legislating for Energy Efficient Scotland will be set out in March

 

We Asked

For your views on proposals to maximise the number of homes in the social rented sector attaining Energy Performance Certificate (EPC) Energy Efficiency (EE) Rating Band B by 2032.   We also asked for your views on proposals for: air quality and environmental impact requirements to be included in the 2032 milestone (from 2025); a floor of EPC Band D as the minimum energy efficiency standard for a house to be let, along with views on when this minimum standard should come into force; a vision for 2040 for social housing’s contribution to realising our fuel poverty, energy efficiency and climate change ambitions; and a review in 2025 to assess progress and confirm any additional requirements of the 2032 milestone or 2040 vision.

You Said

We received 66 consultation responses.   In general, there was support in principle for the proposal to maximise the proportion of social housing meeting EPC band B by 2032.   However, these were qualified by strong concerns, particularly from social landlords, with a number of challenges identified, including:

  • difficulty and cost associated with making improvements to some houses
  • value for money of investment and cost effectiveness of some improvements
  • cost implications and landlord’s ability to access funding streams
  • gaining tenant support for improvements and potential impact on rent levels
  • concerns around the recognition of new technologies within the new milestone  

Most respondents were content with the proposal for landlords to provide a narrative explanation to the Scottish Housing Regulator (SHR) for stock that cannot be brought up to the 2032 milestone. There is a call for clear Scottish Government guidance on what will be expected of landlords by the SHR.

Most respondents supported the principle of a minimum standard for EPC Band D for social housing from 2025, with a range of responses round the consideration of additional requirements of the 2032 milestone regarding air quality and environmental impact, and the view to including these in the target from 2025. There is also support for the next EESSH Review to take place in 2025.

We Did

We published the analysis of the responses on 22 November 2018 

https://www2.gov.scot/Publications/2018/11/3023.

We are committed to ensuring that EESSH will support the Energy Efficient Scotland vision for homes and buildings that are warmer, greener and more efficient, with a housing sector that helps to establish a successful, low carbon economy across Scotland.

The EESSH Review Group will now reconvene to consider the consultation analysis and the development of EESSH2, with confirmation of a new standard expected in early 2019.  

We Asked

With the Welfare Foods having been devolved to Scotland through provisions in the Scotland Act 2016, the Scottish Government consulted on proposals to help develop an effective and proportionate Welfare Foods package for Scotland.

You Said

The responses to the consultation provided a range of contrasting perspectives on what the Welfare Foods package should deliver and what requirements should be included. Overall, respondents were supportive of the proposals included in the consultation.

We Did

The Scottish Government is currently considering the content of the responses.  This will help shape policy development, and we are engaging with stakeholders throughout this process.

We Asked

For your views on the proposed model for a statutory Appropriate Adult service.

You Said

Out of 109 responses there was broad support for the proposals outlined in the consultation document.

We Did

Work to develop the statutory service continues and it is scheduled to go live during 2019.

We Asked

We asked for views on a new enterprise agency for the South of Scotland. We held a public consultation, which was open for 12 weeks from 15 March 2018. During this period we also worked with the South of Scotland Economic Partnership to hold a series of 26 public events across the South of Scotland, where people could share their views and ask questions about the Government’s proposals.

You Said

We received a total of 268 responses to the public consultation. 153 came from individuals (57%) and 115 from organisations (43%).  Most responses were supportive of our plans to create a new enterprise agency in the South, and for the Scottish Government’s vision for the South of Scotland.  We also received many suggestions about areas of priority and focus for the new agency, including infrastructure, good employment opportunities, the creation of a skilled workforce, and more opportunities for young people.

We Did

We commissioned an independent analysis of the consultation responses, including views gathered during the 26 public events.  You can read this at https://www.gov.scot/Publications/2018/10/9556.

The Scottish Government will be introducing legislation to create the new enterprise agency in the coming months.  The responses are being carefully considered to help inform the content of the legislation and shape the structure of the new body.

We Asked

We asked for your views on

  • Proposals to ask for additional information about compliance with legal duties relating to letting houses;
  • Options for amending the landlord registration fee structure.

You Said

  • We received 239 responses to the consultation, of which 80 were from organisations, 95 from individuals and 64 from those who identified themselves as landlords.
  • Responses indicated broad support for requiring landlords to provide more information about compliance with specific legal duties, in particular relating to property condition and safety. 
  • Concerns were expressed about the cumulative financial impact of all the proposals for amending landlord registration fees (the rate of inflation calculated since landlord registration was introduced in 2006) coupled with removing discounts for joint applications, online applications and applications across multiple areas. 

View the analysis report on responses to the public consultation on changes to fee structure and required prescribed information for landlord registration here

 

We Did

We published the 207 non-confidential responses to the consultation and an analysis report.  Based on the responses received we will implement changes to the prescribed information within the application process towards the middle of 2019.  Regulations have been laid in Parliament to end the 10% discount for on-line applications made on or after 1 December 2018.  We will also introduce the ability for Scottish Ministers to apply a rate of inflation increase to the application fees, subject to an annual review of the Consumer Price Index (CPI).  This will not be backdated to 2006 as suggested in the consultation.  We will work with local authorities to improve consistency in the way applications are processed before considering whether further changes to fee levels are needed.

We Asked

The Scottish Government consulted on the Update of The Licensing (Procedure) (Scotland) Regulations 2007, seeking views, in particular, regarding the sections of the Regulations which related to the public notification process. Feedback was also sought from respondents on other sections of these Regulations and for examples of good practice.

You Said

There were 50 responses to the consultation received, which provided a range of contrasting perspectives on what should be included in the Regulations. A number of suggested amendments were of a detailed and technical nature.

We Did

We published the non-confidential responses to the consultation and a summary of the responses. We are currently considering representations made about the Procedure Regulations as a result of this consultation. The findings will be used alongside other available information and evidence to inform our consideration on the update of these Regulations.

Consultation on: The update of the Licensing (Procedure) (Scotland) Regulations 2007 - Summary of responses

We Asked

For your view on proposals to revise the arrangements for fees payable by developers to the Scottish Government for the determination of applications for electricity generating stations and overhead electric lines under sections 36 and 37 of the Electricity Act 1989. Revisions were proposed in order to more accurately reflect the costs of the resources required to determine the applications.

You Said

We received 38 consultation responses. The majority of respondents agreed that, in principle, application fees should be revised to maintain and improve our service levels. There was widespread disagreement with the level of increases proposed, however: the consensus from industry respondents was that the increases proposed were disproportionately high, although other respondents queried whether the increases were enough and how quickly they would become out of date. Comments were also received suggesting that the fee categories and bands should be reconsidered, service improvements should be made, and that greater remuneration should be given to Planning Authorities.

We Did

We published on 4 January 2019 the analysis of the responses to the consultation. https://www.gov.scot/publications/fees-charged-applications-under-electricity-act-1989-analysis-consultation-responses/
 
We published on 4 January 2019 the Scottish Government response to the consultation, setting out full details of the revisions which Ministers intend to implement. https://www.gov.scot/publications/fees-charged-applications-under-electricity-act-1989-scottish-government-response/
 
It is intended that the revised fees will be implemented by amendment of the Electricity (Applications for Consent) Regulations 1990. This would be subject to a negative procedure in the Scottish Parliament. Ministers aim to implement the revised fees by May 2019.

We Asked

Between 8 March and 30 April 2018 we asked for written feedback on a number of themes and draft actions being considered for inclusion in the Scottish Government’s next Suicide Prevention Action Plan. The themes and actions were developed through earlier conversations with a range of stakeholders, including individuals with lived experience.

You Said

The written engagement received 290 responses, with 196 from members of the public and 94 from organisations. Overall, there was general support among respondents for the main proposals:

  • 93% agreed that a “Knowledge Into Action” (KIA) group should be established to ensure better use of available evidence.  
  • 83% agreed that a new mental health and suicide prevention training programme should be developed.
  • 78% agreed that a Suicide Prevention Confederation should be established.
  • 93% agreed that an online suicide prevention presence should be developed across Scotland.

We Did

We considered all responses to the engagement and commissioned an analysis report: https://www2.gov.scot/Resource/0054/00543412.pdf.

We took responses into account when developing the final Suicide Prevention Action Plan, “Every Life Matters”, which was published on 9 August 2018. This action plan is aimed at continuing the downward trend in suicides in Scotland. We also appointed Rose Fitzpatrick, formerly of Police Scotland, to chair the leadership group to take forward the Actions in the Plan, with an additional £3 million funding.

 

We Asked

On 22 January 2018 the Scottish Government launched a full public consultation.  This covered the suite of Regulations required in order to set up a new chamber of the First-tier Tribunal for Scotland, and ensure necessary provision is made for the Upper Tribunal for Scotland when dealing with social security appeals for devolved benefits when they begin to be delivered by the new agency – Social Security Scotland.

The consultation document set out the regulations and sought views on six core sets of draft Regulations

You Said

There were 25 responses, 4 from individuals and 21 from representative organisations.  The Scottish Government is grateful to all who responded to the consultation and for the broad support for the draft Regulations.  Where permission was received, individual responses were published online on the Citizen Space website at:

https://consult.gov.scot/social-security/provision-for-social-security-appeals/consultation/published_select_respondent

These responses were analysed and the analysis of Consultation Responses on Draft Regulations making provision in relation to Social Security Appeals was published online at https://www.gov.scot/Publications/2018/09/5676

 

 

 

We Did

The Scottish Government’s full response

https://www.gov.scot/Publications/2018/09/3438 covers the views of all those who provided feedback during the consultation process and explains where the draft Regulations have been revised. In doing so it was necessary to balance the views of respondents, the judiciary and the Social Security Committee’s evidence gathering session, while ensuring that what is proposed does not lead to operational or other difficulties.  The final Regulations were laid in Parliament on 13 September 2018.