Chamber and committees

The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 implemented the new Strategic Framework and came into effect on 2 November 2020.

The regulations enabled a levels based approach to applying protective measures at the local level according to the prevalence and pattern of infection across different parts of Scotland.

Decisions applying areas to levels build on the approach of the Framework for Decision Making, by assessing options for relaxation or restriction, specifically in relation to their impact on the four harms caused by the virus, their viability, and broader considerations including equality impacts, the impact on individual rights and consideration of measures, for example, for specific geographies and sectors. Further regulations to put all of Scotland in a national Stay At Home lockdown came into force on 5 January 2021 to respond to the serious threat posed by the new variant of covid-19 and the very real risk of NHS services being overwhelmed.

A series of Equalities Impact Assessments have been made available with each set of regulations under the Health Protection (Coronavirus) (Restrictions and Requirements)(Local levels)(Scotland) Amendment Regulations. These explore the equalities impacts of the Strategic Framework levels restrictions, including on older people and those who are shielding from the virus and are available at the series of links provided below.

These demonstrate the social harms caused by personal isolation from family and friends and loss of wider community connectedness associated with the protective measures, restrictions on visiting relatives in hospitals and residential care home settings.  The viability and effectiveness of these measures is assessed at each three week review point to ascertain whether they continue to be justified, necessary and proportionate. The approach seeks to minimise harm across all four of the harms.

The updated Strategic Framework published on 23 February describes a process of phased, prioritised national easings, out of the Stay At Home Level 4 lockdown and through the revised Levels, with indicative dates for further easings as published on 16 March.

In step with these changes, and in line with our legal duty to review all restrictions at least each three weeks, to ensure these remain justified, necessary and proportionate, we committed to undertaking a review of the state of the epidemic and our response to it, to establish whether it is safe to proceed with each new tranche of easings. Consistent with our commitment to transparency in decision making, we also committed to publishing the outcome of these reviews. To inform these reviews we explained our intention to adopt the six criteria recommended by the World Health Organisation in assessing whether it is safe to proceed. Each set of easings will be accompanied by EQIAs that identify new evidence of the cumulative impact of restrictions and the effect of their removal.

On 11 December we published evidence to illustrate how we used the four harms approach to support decisions about activities and restrictions through the Route Map process. A link to the publication is provided below. This included assessment of the impact by age – and on older age groups – as well as by those at greater clinical risk from covid19 as a result of health conditions.

The Scottish Government considered from the outset whether the lockdown provisions were consistent with the Equality Act 2010 and also considered whether the provisions could constitute indirect discrimination. In many cases, the provisions have applied to all persons irrespective of protected characteristic, although we acknowledge that the same provision may not have equal impacts. Equality Impact Assessments (EQIAs) have been carried out to consider the likely or anticipated impact of the measures contained in the Coronavirus (Scotland) Act 2020 and for the respective legislation thereafter.

The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 6) Regulations 2020 (legislation.gov.uk)

The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 (legislation.gov.uk)

Regulations+11+-+EQIA+8+Jan-+publication+regulations.pdf (www.gov.scot)

Coronavirus (COVID-19): evidence gathered for Scotland's route map - equality and Fairer Scotland impact assessment - gov.scot (www.gov.scot)

The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 3) Regulations 2020 (legislation.gov.uk)

The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 6) Regulations 2020 (legislation.gov.uk)

The Health Protection (Coronavirus) (Restrictions and Requirements) (Scotland) Regulations 2020 (legislation.gov.uk)

Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 11) Regulations 2021: impact assessments - gov.scot (www.gov.scot)

Coronavirus (COVID-19): evidence gathered for Scotland's route map - equality and Fairer Scotland impact assessment - gov.scot (www.gov.scot)

The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 (legislation.gov.uk)

The National Transport Strategy Delivery Plan details how we will support the research and development of hydrogen as alternative fuel across the various modes of transport in Scotland. For ferries it is recognised that hydrogen is some way from being cost competitive and the technology at this time does have its limitations. However, the Scottish Government is engaging with partners and stakeholders and monitoring progress in the development of both hydrogen and ammonia fuelled systems. For example we are aware of a recently commissioned vessel in Norway that will have a hydrogen fuel cell/battery hybrid propulsion system. Such technological advances will allow us to continue to provide our longer lifeline ferry services where electrification is not an option.

The Scottish Government is also supporting the Hydrogen Accelerator programme at St. Andrews University that is linking academic, public and commercial interests in the development and deployment of hydrogen technologies and projects. Transport Scotland officials have engaged with their counterparts both domestically and in other European countries to learn from their experiences so that when the time comes Scotland will not be left behind in achieving our zero emission objective.

We will also set out a framework by 2022 for enabling and delivering infrastructure to underpin Scotland’s move to a zero emission transport system, including working with partners to support and promote the development of hydrogen for public transport, including ferries.

Railway Safety is a matter reserved to the UK Government, and regulated by the UK Office of Rail and Road. The Scottish Government has funded the determination of the ORR for the current regulatory control period. The determination provides an increase in 21% in the funding available to Network Rail for the safe operation, maintenance and renewal of the Scottish Railway network.

Network Rail is therefore responsible for the operation, maintenance and renewal work of Scotland’s rail network and it is the role of the ORR to monitor expenditure and the delivery of outputs on Scotland’s rail network. As such Transport Scotland does not hold this information.

Railway Safety is a matter reserved to the UK Government, and regulated by the UK Office of Rail and Road. The Scottish Government has funded the determination of the ORR for the current regulatory control period. The determination provides an increase in 21% in the funding available to Network Rail for the safe operation, maintenance and renewal of the Scottish Railway network.

The Scottish Government did not receive any information regarding the area around the Carmont site being an area of concern prior to the derailment in August 2020.

Further detail on the accident was made public by Network Rail in their Interim Report in September 2020. A key recommendation from that Report was to establish two GB wide Task Forces to examine the implications and detail future mitigations in respect of extreme weather and management of earthworks. Both Task Forces published their findings on 17 March 2021 and the Scottish Government is considering their conclusions.

Discussions with all three parties have taken place and are ongoing, and have already yielded results. On the Northern Isles Ferry Service network, the MV Hamnavoe has been fitted with cold ironing equipment that allows the vessel to utilise shore side power rather than having to run off its own engine’s whilst berthed overnight. Once the shore side works have been completed by Orkney Islands Council, an estimated annual generation of over 2,600 tonnes of CO 2 will be prevented.

Working with CMAL and CalMac, our recently announced Small Vessels Replacement Programme for the Clyde and Hebrides Ferry Service network will explore the possibilities for full electrification of the new vessels where possible to do so as well as investigate alternative fuel options and the investigation into improving efficiency and performance via hull design has already begun within the new vessel for Islay project.

As part of the Island Connectivity Plan investigation of the opportunities and technologies available to the maritime sector will take place. Setting out pathways towards the delivery of vessels that will operate with zero or significantly reduced carbon emissions helping Scotland achieve its ambitious target of net zero emissions by 2045.

Railway Safety is a matter reserved to the UK Government, and regulated by the UK Office of Rail and Road. The Scottish Government has funded the determination of the ORR for the current regulatory control period. The determination provides an increase in 21% in the funding available to Network Rail for the safe operation, maintenance and renewal of the Scottish Railway network.

Transport Scotland has no information nor has Transport Scotland been updated on the progress of the work by these two taskforces other than what is known publicly.

Public consultation and engagement with stakeholders will be central to the development of the Islands Connectivity Plan and will be undertaken to assist with determining each island’s needs for future transport connectivity. This is anticipated to take place during 2021 and into 2022, with a view to finalising the Plan by the end of next year.

The Scottish Government has not held specific discussions regarding this matter, however we are in regular contact with the UK government to ensure that we can continue to support the sector. For example,the Oil and Gas and Energy Transition Strategic Leadership Group (SLG) which I co-chair has continued to be updated on the progress of the Energy Services Agreement by Trade Unions and industry at these meetings, most recently in December where I welcomed the progress by UNITE, RMT and GMB and the 15 employers on the Energy Services Agreement, noting that the number of signatories demonstrates the value of this agreement. I also directly encouraged businesses to discuss this with those who have signed up with a view of becoming part of the ESA recognising its longer term value to the UKCS in terms of providing transparency, certainty and stability for operators, supply chain companies and employees. A further update to the Group was provided at the last meeting of the SLG in February.

The £1 billion cuts decision was taken by the UK Government for its funding of enhancements in England. This decision was taken without consultation with the Scottish Government and will therefore have no effect on current plans for protecting Network Rail infrastructure assets from weather-related impacts in Scotland.

Railway Safety is a matter reserved to the UK Government, and regulated by the UK Office of Rail and Road. The Scottish Government has funded the determination of the ORR for the current regulatory control period. The determination provides an increase in 21% in the funding available to Network Rail for the safe operation, maintenance and renewal of the Scottish Railway network.

Network Rail is therefore responsible for maintaining and renewing the rail network in Scotland and as such Transport Scotland has no locus in these matters and does not hold information relating to the proportion of inspections and works undertaken in this regard.