The Scottish
Government has published a document, "Renewing Scotland: The
Government's Programme for Scotland 2011-2012",
which outlines what the Scottish Government hopes to achieve within
its first year of the new Parliamentary term, and also in the
longer term up to the next Scottish election. The First
Minister, Alex Salmond MSP, states that the aim of the Scottish
Government is to "focus government and public services on creating
a more successful country, with opportunities for all of Scotland
to flourish, through increasing sustainable economic growth." Much
media attention has focused on the Legislative Programme included
in this Programme for Government and as announced by the First
Minister on 8 September 2011. However, there is content
within the Programme for Government which may be of interest to
Scottish Churches, but which may not have been subject to much
coverage. This Briefing Paper is therefore in 2 parts: Part
One covers the Legislative Programme, giving an overview of the
Bills which the Scottish Government plan to introduce (or have
already introduced) in the 2011/12 session of Parliament; Part Two
highlights some of the other policy announcements which have been
made in the Programme For Government.
Part One: The Legislative
Programme
The annual Budget Bill will this year offer the first
opportunity for the SNP with an overall majority to allocate
resources to fund its priorities for Scotland. The focus of
the draft Budget for 2012/13 has been announced as the "allocation
of resources to our strategic objectives and supporting progress
towards our vision of a more successful country, with opportunities
for all of Scotland to flourish through increasing sustainable
economic growth."
Building on a Government consultation on this last year, this
Bill will establish Scotland as a Hydro Nation, and will ensure
that Scotland's extensive water resources are sustainable in the
long term.
This legislation will establish a single service for police and
a single service for fire & rescue. The Labour and Conservative
parties have indicated that this is something that they can
support, but the Lib Dems have strongly opposed this proposal.
The Bill will introduce minimum pricing, but the detail of what
the minimum price will be will not be contained in the Bill itself:
it will be in secondary legislation. After initially opposing
this proposal in the last Parliament, the Lib Dems are now
supportive; Labour are resigned to this measure being driven
through by an SNP majority, but still seek additional measures to
tackle Scotland's alcohol problem.
The Social Care (Self-directed Support) Bill will help to
underpin new models of support, placing greater control and
responsibility in the hands of citizens and thereby enhancing
people's independence and wellbeing.
- Council Tax on empty homes and Housing Support
Grant
This is a bill to improve funding and support for housing, and
will specifically enable Local Authorities to charge an additional
levy on the Council Tax on long-term empty properties.
- Offensive Behaviour/Football Disorder/Sectarian
Abuse
Introduced in June 2011, and now at Stage 2 of the legislative
process, the Offensive Behaviour at Football and Threatening
Communications (Scotland) Bill was introduced to tackle what was
perceived as an upsurge in sectarian behaviour culminating in some
high-level incidents in the football season 2010/11. The bill
will criminalise behaviour which is threatening, hateful or
otherwise offensive to a reasonable person and incites disorder at
a regulated football match - this includes offensive singing or
chanting - but covers a wider range than purely sectarian
behaviour, also covering hatred based on colour, race, nationality,
ethnic origin, sexual orientation, disability and transgender
identity. The Bill also criminalises the communication of threats
of serious violence and threats intended to incite religious
hatred, whether sent through the post or posted on the
internet. The bill was originally meant to be passed using
emergency legislation procedures, but due to pressure applied to
the Government by opposition parties and civil society
organisations, the bill has now been afforded more time for
Parliamentary consideration.
- Rights of Children and Young People
The Government intends to establish in law a requirement that
the Scottish Government pays due regard to the UN Convention on the
Rights of the Child when carrying out its functions.
This bill is intended to update the Land Registration (Scotland)
Act 1979, to take account of new developments, including
technological updates to the way in which conveyancing is carried
out.
- Legal Aid and Civil Justice Council
This Bill will make provision for the levying of financial
contributions in criminal legal aid, ensuring that those who are
able to pay a contribution to the costs of their defence do so. It
will also establish a Scottish Civil Justice Council to replace the
existing civil rules councils and support improvements to the civil
justice system.
- Scottish Criminal Cases Review Commission
This Bill will enable the Scottish Criminal Cases Review
Commission to determine whether it is appropriate to release a
statement of reasons in the event that an appeal has been
abandoned. In practice, this is to enable the release of a document
which contains the statement of reasons for referring Abdelbaset
Ali Mohmed al-Megrahi's conviction for the Lockerbie bombing back
to the Court of Criminal Appeal in Edinburgh.
This Bill will encourage the letting of farms to tenant farmers,
and widen the eligibility for inheriting tenancies to
grandchildren. This bill has been proposed as a result of
recommendations made by the Tenant Farming Forum.
The Government will reintroduce this Bill, which fell in the
last Parliamentary term due to running out of time. The Bill will
implement a report by the Scottish Law Commission and will simplify
and clarify land tenure in Scotland.
- Aquaculture and Fisheries
The Government promises a consultation to inform legislative
proposals on "management measures for farmed fish and wild salmon
and freshwater fisheries".
- National Library of
Scotland
This bill will allow the National Library of Scotland to reform
some of its services. The Bill also addresses the composition of
the Board, making fewer places on the Board, which will be
appointed through the Government selection process for public
appointments.
The Freedom of Information (Amendment) (Scotland) Bill will
propose amendments to the Freedom of Information (Scotland) Act
2002 "intended to add strength and clarity to the Act". There is no
further detail on what these changes may entail.
Part Two: Other Policy Announcements in the
Programme for Government
In addition to the legislative programme, the Government makes a
number of policy announcements which do not directly relate to
legislation in the 2011/12 Parliamentary session. These are
arranged as they are presented in the Programme for Government;
firstly focusing on the overarching goal of Economic Recovery, and
then priorities within the 5 Strategic Outcomes designed to achieve
the Government's "purpose": Wealthier and Fairer, Smarter,
Healthier, Safer and Stronger, and Greener. Public Sector Reform
will also briefly be covered. This is not an exhaustive list, but
gives a sense of some of the key issues that the Government will be
focusing on for the rest of the Parliamentary term.
Independence referendum
Throughout the Programme for Government, reference is made to
the fact that "constitutional constraints" tie the hands of the
Scottish Government in a number of matters over which the UK
Government has control, not least the initial allocation of funding
to the Scottish Parliament, as well as reserved policy issues,
including tax and benefits.
In the Foreword to the Programme for Government, First Minister
Alex Salmond states: "we strongly believe that the case for
independence is overwhelming and rests in our capacity to build a
better society and a stronger economy". Establishing the ability of
the Scottish Government to fulfil these objectives is therefore the
context in which this Programme for Government should be
viewed.
Despite pressure both at Holyrood and from MPs at Westminster to
call an early independence referendum following the SNP victory in
the Scottish elections, the Scottish Government confirm in this
document that they promise to hold a referendum on Scottish
independence in the second half of the Parliamentary term.
The earliest this could be, therefore, is 2013 but an exact date
has not yet been specified.
Economic Recovery
Described as the government's "top priority" in the Programme
for Government, this section deals with ambitions to stimulate
economic recovery in Scotland. Through accelerating capital
investment by shifting some resource spend into capital spend, the
Government anticipate stimulating the economy through
infrastructure projects, including the new Forth Crossing, M8
improvements, the Aberdeen bypass and a schools building project.
The Government have also announced 30,000 new affordable homes over
the course of the Parliament, although Shelter Scotland have
questioned whether this is going to be achievable, since the
housing investment budget has had a 50% cut, which they describe as
a "devastating blow".
Though many of the economic levers relating to employment are in
the hands of the UK Government, the Scottish Government promise a
training or education place for all 16-19s, as well as 250,000
Modern Apprenticeship places. There will be no compulsory
redundancies for Scottish Government or NHS staff, although this is
accompanied by a further pay freeze for anyone earning over
£21,000.
More generally, the Government state that they are "meeting core
economic and social commitments through the delivery of a 'Social
Wage'." This is the term coined for the package of universal
benefits and services available in Scotland, including the Council
Tax freeze, the Living Wage for public sector workers, free
prescriptions, concessionary travel scheme and free personal
care.
Wealthier and Fairer
The key focus in this section is on the shift towards
preventative spending. This was recommended by both the
Christie Commission on the Future Delivery of Public Services and
the Finance Committee in the last Parliament, which held an inquiry
which demonstrated that preventative spending was crucial both in
terms of securing long term sustainability of public service
delivery, and in giving all Scots the best chances in life.
Within the ambit of preventative spending, the Government
pledges to "improve outcomes, deliver considerable future savings,
allow individuals and areas to realise their economic potential,
and break the inter-generational transmission of poverty and
inequality. We are also committed to step up efforts to end child
poverty by 2020 through our new Child Poverty Strategy for
Scotland."
The Government also highlight the transition to a low carbon
economy, which incorporates emission reduction obligations under
the Climate Change (Scotland) Act 2009, renewable energy generation
and a focus on job creation within the 'green' sector. The
Government also envisage the transition to a low carbon economy as
being an important aspect in tackling fuel poverty in Scotland:
"The transition to a low carbon economy and away from reliance on
world markets for fossil fuels for power generation will reduce our
exposure to variations in energy costs, particularly for our most
vulnerable individuals."
Also, as recommended by the Christie Commission, the Government
will "explore the potential of the Bill to improve community
participation in the planning and delivery of services and to
consider how to build community capacity". They have promised to
consult on this in the autumn, although this proposal has not
featured in the Legislative Programme for 2011/12.
Smarter Scotland
In this section, the Government highlights their ambition as
wanting "children, young people and families to receive the support
they need when they need it and for our nation to be recognised as
the best place to bring up children."
Starting with early intervention, which is a recurring theme
throughout this Programme for Government, there will be an Early
Years Change Fund which will cover aspects of early intervention
work including establishing family centres across Scotland, and
support for families in crisis. A national parenting strategy
will be developed to provide support for those who need it.
This work will be led by a new Early Years taskforce, which will
promote early intervention across all aspects of public sector
work.
Higher education for Scottish students will remain free, while
Scottish universities are able to set their own fees for other UK
students. The Government is committed to reform of post-16
learning, and has already started a consultation process on
this.
Healthier Scotland
At the centre of a "Healthier Scotland" is the commitment "to
enable people to live longer, healthier lives, to ensure that
children have the best possible start in life, and to provide
everybody with high quality care when they need it. This is
essential if we are to deliver strong economic growth and be the
country to which we aspire."
Within this, tackling health inequalities in Scotland is at the
forefront, and the Government will convene a task force to review
progress made on implementing Government programmes such as
Equally Well, which aimed to tackle Scotland's health
inequalities.
In common with other sections of the Programme for Government,
the focus on preventative spending is evident, with a national
roll-out of the Family Nurse Partnership programme to first time
pregnant teenagers across Scotland (this had been a pilot in
Lothian health board area), and the re-introduction of the 24-30
month review for all children also being announced.
Prevention in other areas of healthcare are also mentioned here,
including tackling tobacco and alcohol abuse, but also the early
detection of cancer, with a goal of increasing the number of
cancers detected at the first stage of the disease by 25% over the
Parliamentary term.
On older people's care, the Government has announced that health
and social care will be better integrated, and there will be better
partnership working between statutory bodies and the voluntary
sector.
Safer and Stronger
Scotland
This section identifies "bigotry, knives and alcohol abuse" as
three of the most common problems to blight Scottish society. The
Government has committed to taking action on sectarianism, and this
has been demonstrated by the fact that the only piece of
legislation currently being considered by the Scottish Parliament
is the Offensive Behaviour at Football and Threatening
Communications (Scotland) Bill. Forthcoming legislation on the
minimum pricing of alcohol will also be classed as action in this
area. The "No Knives, Better Lives" scheme which had been a pilot
scheme during the last Parliament, and which encourages young
people to think and talk about how carrying a knife can affect
their future and the lives of their family and friends, will be
rolled out nationwide.
In the criminal justice system more generally, the Government
pledges to continue the focus it gave in the previous Parliament to
reducing reoffending by encouraging the development of community
alternatives to short term prison sentences. Related to this,
action will be taken to improve the outcomes for female offenders,
pending the work of the recently established Commission on Women
Offenders, chaired by former Lord Advocate Elish Angiolini. The
Government also promise to bring forward legislation to support the
rights of victims of crime, but this has not been included in this
year's legislative programme.
Again, the common thread of preventative spending is evident in
this section, with the establishment of the Reducing Reoffending
Change Fund. There is also a promise of greater support for
organisations who work towards the prevention of domestic abuse,
including Zero Tolerance and the White Ribbon Campaign.
Greener Scotland
At the heart of the Government's strategy for economic growth is
the ambition for Scotland to shift to being a Low Carbon Economy,
stating "Our vision is for a greener Scotland, which is low carbon
and zero waste."
The Low Carbon Economy encompasses the carbon emission reduction
targets as set out in the Climate Change (Scotland) Act 2009,
targets relating to renewable energy generation, such as the
renewable energy electricity target for 2020 to be 100%, and
supporting both job creation and academic expertise within this new
sector. Funding to engage communities through the Climate Challenge
Fund will be continued, but will be extended with the establishment
of a Junior Climate Challenge Fund too. However,
environmental groups have expressed concern that the rhetoric which
calls for a shift to a Low Carbon Economy does not reflect the
reality that much of the transport and infrastructure projects
being proposed for the forthcoming Parliamentary term are
road-building projects.
The Zero Waste Strategy will continue to be implemented over the
course of the Parliament, with targets of 70% recycling and a
maximum of 5% of waste being sent to landfill by 2025.
On rural matters, key policy areas for the Government in this
term are the harnessing of natural resources, empowering local
communities, and ensuring rural connectivity, including the
upgrading of access to broadband internet. Food producers will also
be supported, as they provide the raw materials for the successful
Scottish food and drink sector.
Better Public Services
The Government states in its introduction to this section that
"Excellent public services are essential for a productive and
equitable society…. the quality of those services is the bedrock on
which our society and future prosperity depend."
In addition to efficiency savings across the public sector, the
Scottish Government are keen to reform the mode of operation of
many of our public services. A greater emphasis on partnership
working is advocated here; partnerships with local government, and
Community Planning Partnerships will be strengthened, but the
Government also pledge to more fully involve the public, local
communities, third and private sectors in the design of public
services. This forms part of the Government's response to the
Christie Commission's recommendations on the reform of public
services in Scotland.
Within public services, the Government therefore pledge reform
built on "four pillars":
1. the decisive shift towards prevention
2. improved partnership working, collaboration and local service
delivery
3. "enhanced workforce development and effective leadership"
within our public services
4. "a more transparent public service culture which improves
standards of performance".
A spokesman for the Scottish Council of Voluntary Organisations
was generally positive about the Government's attempts to reform
public services, particularly welcoming the move towards
preventative spending, but cautioned: "To make this happen the
third sector must be given a role to play in decision making around
the allocation of Change Funds. We also must ensure that sufficient
emphasis is given to genuinely preventative approaches which reduce
demand rather than redirecting it to different patterns of service.
Scotland cannot afford to miss out on this opportunity of doing
things differently by allowing the funds to be hijacked by acute
services or local government structural reform."
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