The Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 (“the Act”) makes it easier for child and vulnerable witnesses in the most serious cases to pre-record their evidence. The phased implementation plan for the Act builds in periods of evaluation to ensure that the roll out of its provisions is undertaken in a managed and effective way.

To date the Act has been commenced in relation to child complainers and witnesses giving evidence in the High Court in relevant cases. An evaluation of the operation of the Act in those cases has been conducted and a report of that evaluation is being finalised.

The Scottish Government established a cross-sector implementation group to monitor roll out of the Act. Once the evaluation report has been considered by the group it will be published on the Scottish Government's website with an aim to publish before the end of the year.

These recommendations are for the judiciary to progress and the terms of recommendation four of Lady Dorrian’s Review, Improving the Management of Sexual Offence Cases, were clear that these were matters that should be considered by the Jury Manual Committee. The Judicial Institute for Scotland has advised that the Jury Manual Committee is comprised of a number of experienced senators and sheriffs. It is clerked by secretariat staff of the Judicial Institute. The Jury Manual is publicly available and is kept under constant review. The Committee meets quarterly to agree revisions to the content of the Manual. It was most recently updated on 15 August 2023, when an important new chapter on rape myths and misconceptions was added. Detailed perusal of the Manual will disclose how the authors have dealt with Lady Dorrian’s recommendations. Further changes will be published on a regular basis.

The Scottish Government remains committed to implementing the provisions of the Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 to ensure that the presumption in favour of pre-recorded evidence extends to children and adult deemed vulnerable witnesses.

While the presumption does not currently apply beyond children giving evidence in specified cases in the High Court, the Court does have the power to, upon application of either the prosecution or the defence, direct that the evidence of other children and vulnerable adult witnesses should be pre-recorded. This is provided for in the Criminal Procedure (Scotland) Act 1995 and in 2017 the High Court issued a practice note to give guidance around the use of evidence by commissioner hearings. Evidence by commissioner hearings are therefore regularly being conducted to pre-record the evidence of a wider cohort of witnesses that are not yet covered by the statutory presumption.

The Climate Change Committee has previously written to the Scottish Government setting out a series of recommendations for the reform on Energy Performance Certificates (EPCs). In response to this advice, the Scottish Government published a consultation on EPC reform on 25 July 2023. This consultation highlights proposals to revise the information displayed on EPCs by expanding the current suit of metrics and reporting other relevant information. This would provide a more holistic view to current and potential homeowners for all types of buildings. The consultation on EPC reform does not cover Scottish Government proposals to ensure homes reach a particular standard of energy efficiency or decarbonise their heating systems. This will be subject to a separate consultation on proposals for a Heat in Buildings Bill planned for later this year.

An EPC assessment for existing buildings is a non-intrusive survey and so the methodology makes assumptions based on the age and characteristics of the building. Our consultation highlights that we are reviewing the assessment and quality assurance processes to enhance the accuracy of EPCs.

The Scottish Government does recognise it may be more challenging for some homes and buildings to meet the proposed energy efficiency standards than for others. We will work with stakeholders, including Historic Environment Scotland, to develop approaches and solutions to transition Scotland’s traditional buildings, where it is technically feasible and cost effective, to achieve a good level of energy efficiency and transition to zero direct emissions heating while respecting and preserving the special characteristics of our historic buildings.

The Climate Change Committee has previously written to the Scottish Government setting out a series of recommendations for the reform on Energy Performance Certificates (EPCs). In response to this advice, the Scottish Government published a consultation on EPC reform on 25 July 2023. This consultation highlights proposals to revise the information displayed on EPCs by expanding the current suite of metrics and reporting other relevant information. This would provide a more holistic view to current and potential homeowners for all types of buildings.

An EPC assessment for existing buildings is a non-intrusive survey and so the methodology makes assumptions based on the age and characteristics of the building. Our consultation highlights that we are reviewing the assessment and quality assurance processes to enhance the accuracy of EPCs. It is a legal requirement that a valid EPC is made available whenever a building is advertised for sale or for let, or when a new building is completed. Listed buildings are not exempt from this requirement, as set out in the Energy Performance of Buildings (Scotland) Regulations 2008.

The consultation on EPC reform does not, however, cover Scottish Government proposals to ensure homes reach a particular standard of energy efficiency or decarbonise their heating systems. This will be subject to a separate consultation on proposals for a Heat in Buildings Bill planned for later this year.

The Scottish Government does recognise it may be more challenging for some homes and buildings to meet the proposed energy efficiency standards than for others. We will work with stakeholders, including Historic Environment Scotland, to develop approaches and solutions to transition Scotland’s listed buildings, where it is technically feasible and cost effective, to achieve a good level of energy efficiency and transition to zero direct emissions heating while respecting and preserving the special characteristics of our historic buildings.

Funding for energy efficiency measures is only paid once an installation has been completed. Therefore, the number of properties that have installed energy efficiency measures through funding from the Private Rented Sector Landlord Loan Scheme is the same as the number of properties that have received funding for energy efficiency measures.

As such, I refer the member to the answer to question S6W-21234 on 26 September 2023. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

The Scottish Government provided an update on implementation of the Children (Scotland) Act 2020 (the 2020 Act) during March of this year in a response to the Citizen Participation and Public Petitions Committee on Public Petition PE1968: https://www.parliament.scot/-/media/files/committees/citizen-participation-and-public-petitions-committee/correspondence/2022/pe1968/pe1968_c.pdf

The Scottish Government is working with the Care Inspectorate with a view to the Care Inspectorate becoming the regulator of child contact services.

We are also considering what other provisions of the 2020 Act we can commence in the next year, but will need to take full account of current budgetary constraints.

Section 23 of the Children (Scotland) Act 2020 (the 2020 Act) requires the Scottish Ministers to set up an assistance scheme to fund the costs of alternative dispute resolution for individuals in relation to any matters under section 11 of the Children (Scotland) Act 1995 (the 1995 Act), such as child contact and residence cases.

Section 24 of the 2020 Act requires the Scottish Ministers to arrange a pilot scheme of mandatory meetings to provide information to individuals involved in proceedings under section 11 of the 1995 Act on the alternatives to court for resolving disputes.

Until the Scottish Ministers have fulfilled these duties there is a requirement under sections 23(7) and 24(4) of the 2020 Act to lay before the Scottish Parliament six-monthly reports explaining why the duties are not yet implemented and stating when they are expected to be fulfilled.

To date four such reports have been laid and published:

• First Report - Scottish Government website (PDF)
• Second Report – Scottish Government website (PDF)
• Third Report – Scottish Government website (PDF)
• Fourth Report – Scottish Government website (PDF)

The fifth report will be laid in due course.

The Scottish Government plans to produce guidance for individuals, who are considering seeking an order under section 11 of the 1995 Act, on alternatives to court.

The introduction of Air Departure Tax (ADT) was deferred due to state aid issues raised in relation to the Highlands and Islands exemption. In January 2023, the UK Government replaced EU state aid rules with its own subsidy control regime.

We continue to explore all options to implement ADT in a way that protects Highlands & Islands connectivity and complies with the UK Government’s subsidy control regime.

The Scottish Government recognises the critical role air connectivity plays in the lives of residents and communities in the Highlands and Islands, and in the promotion of sustainable economic growth across the region.

Once a solution to the Highland & Islands exemption has been identified, we will review the rates and bands of ADT prior to the implementation of the tax, to ensure they are aligned with our world-leading climate ambitions.

The UK-wide Air Passenger Duty will continue to apply in Scotland until ADT is implemented.

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

The suspension of Throughcare Support Service suspension 2019, was a temporary measure in response to operational pressures within establishments which necessitated the need to redeploy operational prison staff.

Commitment was made at the time that this position would be kept under regular review, and this has as not changed. However, the rising prison population, together with the increasingly complex needs of those in the care of the SPS, means that it is unlikely that SPS will be able to resume a Throughcare Support Service whilst these pressures continue.

SPS will therefore look to continue to complement the distinctive throughcare support roles of third sector and community partners in order to meet the needs of those in our care, whilst transitioning from custody back into their communities.