Coronavirus(Recovery and Reform) (Scotland) Bill Islands Communities Impact Assessment

Step two – gather your data and identify your stakeholders

What data is available about the current situation in the islands?

Evidence about internet access generally

Information on internet connectivity by urban/rural 6-fold classification is published in the Scottish Household Survey, which contains percentages of households that have internet access in accessible rural and remote rural areas in Scotland – see most recent data is for 2019 and is available via this this Data Explorer.Data from 2022, outlines that 90% of people in “remote rural areas” had some form of internet access.

In terms of superfast broadband specifically Ofcom’s Connected Nations 2020: Scotland report (ofcom.org.uk) discloses that in 2020 there was 72% superfast broadband coverage in “rural” areas; with only 43% of rural Scotland having 4G coverage from all operators. A superfast connection can be delivered through various technology types including fibre, fixed wireless, 4G and satellite.

Work is underway through the Reaching 100% (R100) policy to give everyone in Scotland (including on islands) access to superfast broadband. Similar work is underway on 4G mobile infrastructure and services at up to 55 mobile “notspots” in remote rural and island areas through the Scottish 4G Infill (S4GI) programme.

Further information is available in the ICIA for A changing nation: how Scotland will thrive in a digital world.

Public Health Protection

In terms of Arrangements for vaccination and immunisation provisions, the Scottish Government and its partner agencies, such as Public Health Scotland hold a variety of data regarding Primary Care services in the islands. This includes vaccination data.

A range of resources have been considered to a large extent to consider the impacts of vaccinations and immunisations on island communities. These include, but are not limited to:

• Shaping the Future Together: Report of the Remote and Rural General Practice Working Group (Scottish Government)
• COVID-19 vaccination in Scotland: Daily Update (Public Health Scotland)
• The Equality Impact Assessment (EQIA) for the COVID-19 and Flu Vaccination programme (Scottish Government)
• An EQIA to accompany this ICIA, considering the potential impact of removing certain vaccinations from core GP contracts on each of the protected characteristics (Scottish Government)
• Vaccination Transformation Programme in Remote and Rural Western Isles (NHS Western Isles)

Alternative delivery mechanisms include keeping vaccinations within GP practices, performed by GPs. For some areas, such as NHS Shetland, this may be the case for many directly run practices. However, it seems that a hybrid model of delivery involving some GP involvement will be the likely implementation method in island communities, due to their unique demographic and geographic nature.

For example, Scalasaig Medical Practice on the Isle of Colonsay (Argyll and Bute HSCP) only has 176 patients. Therefore, it would not be as challenging for the GP to provide vaccinations in their surgery when compared to a larger, mainland urban practice with tens of thousands of patients.

The successful integrated treatment room model of NHS Western Isles also shows how hybrid working can improve efficiency, as they combined the Vaccination Transformation Programme and Community Treatment and Care services, which led to an increase in schools flu vaccine uptake.

Therefore, it is appropriate to consider a range of delivery mechanisms to improve outcomes for island communities. This is further demonstrated by the high rates of Covid vaccination uptake and the successful rollout in these areas.

The resources required to improve outcomes for island communities are listed within the Shaping the Future Together: Report of the Remote and Rural General Practice Working Group:

• Workforce
• Digital and physical infrastructure
• Change management capacity.

Removing the requirement does not mean GP practices cannot provide vaccinations; it just allows Health Boards (or indeed GP practices) more flexibility in delivering vaccination programmes. There is sufficient mitigation and flexibility for island communities that need it. The Vaccination Transformation Programme will also ensure any new delivery model is achieved without any adverse impact on safety or sustainability of current and existing vaccination programmes.

Education

Schools

We are not aware of any data related to the impact of previous public health restrictions specifically on schools in island communities but we can assume that factors relating to restrictions on access to in-person learning will have had an impact on children and young people living in Island communities.

During the Covid pandemic an ICIA is maintained and updated to reflect the changing position regarding schools and the impact of Covid. The August 2021 version is available here.

The Scottish Government recognises that travel arrangements to regulated childcare settings and schools can be less flexible in island communities (along with other very remote communities), particularly where a family or pupil requires a ferry or plane to get to the setting or school.

Some island authorities operate hostel accommodation for school pupils who cannot travel to school every day. This means that any restriction on the transport relied on by these pupils or on their hostel accommodation could impact particularly on island communities. There may be circumstances, e.g. an outbreak of a serious infection, where the provisions that relate to boarding school accommodation may have to be exercised. It is important to note that these powers have not been used during the Covid outbreak though their use cannot be ruled out for such accommodation.

Island communities may have poor digital connectivity which may affect children’s/pupils’ ability to access remote learning.

Regulated childcare

Data sources relied on relate to the impact of previous public health restrictions on regulated childcare settings within communities across the whole of Scotland. In addition, the Scottish Government has reviewed the Island Communities Impact Assessment carried out for the expansion of Early Learning and Childcare (“ELC”) (reinstatement of 1140 statutory duty) in January 2021, to understand potential island specific impacts.

Further Education/Higher Education

Although the scope of the powers being sought are such that they could be implemented in different ways, as circumstances demand them, in order to answer this question (and others listed) in a meaningful manner, the Advanced Learning and Science Directorate drew upon available information from the recent Covid pandemic.

The Scottish Government’s Advanced Learning and Skills Analysis Division have access to Higher Education Statistics Agency and National Records of Scotland (“NRS”) data. This may be able to measure the number of island based students: both students at island based colleges (including Sabhal Mòr Ostaig) and those who have been studying from home during lockdown, but would otherwise be based in a non-island university or college. This can be demonstrated by the number of university students who have a home PC on an island or their term-time address.

The Scottish Government’s Coronavirus (COVID-19): Advisory Sub-Group on Universities and Colleges gives detailed consideration to how public health and related scientific advice can be applied to operational implementation. The meeting papers of the Group are available on the Scottish Government website.

The Group has considered various evidence about negative impacts that have been experienced by students, as a result of the current Covid pandemic, many of which are likely to have been exacerbated by the geographical circumstances of island communities. Loneliness and social isolation, for example that can accompany re- location to commence a programme of study, and financial concerns are listed amongst the key factors. Given the isolated nature of island communities it is possible that a prolonged period of online only learning could exacerbate social isolation and loneliness among students within island communities.

As there are 5 colleges based in island communities, students could face disadvantages compared to peers living elsewhere in completing online learning due to poor digital connectivity caused by low quality internet connection (see section “Evidence about internet access generally” below). Students from island communities who study at non-island institutions but are not able to attend in-person learning as a result of online only learning being put in place could also be disadvantaged by an inadequate quality of digital connectivity. This may mean that these students are unable to complete learning at the same pace as other learners or in some cases may not be able to access learning at all.

School consultation provisions

In the six Island education authorities there are currently 395^[1], schools of which 294^[2] are classified as rural for the purposes of the 2010 Act (which confers additional requirements on education authorities when taking forward proposals to close a rural school).

A total of 102 2010 Act proposals have been consulted upon in these education authority areas under the 2010 Act since it came into force in 2010. These proposals consulted upon have covered a range of issues including school closures and changes to catchment areas.

Key stakeholders include the six Island communities education authorities who conduct the 2010 Act consultation process, the National Parent Forum for Scotland who represent the views of parent councils and have representatives for each local authority area and the Scottish Rural Schools Network, which is a campaigning organisation on behalf of rural schools in Scotland.

There are no quantitative or qualitative data/evidence sources that explore participation in public meetings or requests for paper copies of consultation documents. It is therefore not possible to identify any specific differential impacts in the Island communities.

Public Service Reform

Online meetings and hearings

In terms of Bankruptcy: remote meetings of creditors provisions the facility to host virtual meetings of creditors has been highlighted as a positive development in encouraging creditor participation in bankruptcy proceedings resulting in meetings taking place that would otherwise not have been arranged in a physical environment.

In terms of Alcohol/Civic licensing: how hearings may be held provisions, a licensing solicitor may be based on the mainland as opposed to the Island on which his/her client’s licence hearing will be heard. Bad weather, flight cancellations for technical reasons are examples of scenarios which could prevent a licensing solicitor from physically attending a scheduled hearing. This would mean the hearing needing to be rescheduled and the applicant may face a potential loss of income depending on the nature of the hearing (i.e. application for a taxi driver licence) and the length of time before the hearing could be rescheduled.

In terms of Custody at police stations: Custody officers’ functions provisions, the Scottish Government recognises that travel arrangements between places of detention, such as police stations, and the court estate can be less flexible in island communities (along with other remote communities), particularly where ferries or planes are required. There are currently no virtual custody hubs operating from police stations on the islands.

Communicating by phone or online

In terms of Care services: giving of notices by SCSWIS provisions, a recent Digital Inclusion study, undertaken by the Scottish Government, which focussed on the digital inclusion of care home residents, also highlighted that every care home that the study connected with, had an internet connection. This was also true of remote areas, though a small number of care homes said that connection could be “weather dependent”. Although this study was specifically on care home and not all care service providers, it demonstrates the wide range of internet/email accessibility including in remote areas.

Scottish Government Officials have consulted with the Care Inspectorate and since the introduction of the provision in April 2020, it has not served any enforcement notices on to Island based Care Services and therefore there is no evidence of this having an impact on island communities. The Scottish Government will, however, keep this under regular review and make changes where necessary.

Miscellaneous

The Mental health: removal of need for witnessing of signature of nominated person proposal seeks to remove the requirement for a nominated person to have their acceptance signature witnessed by a prescribed person. There is no specific data available on whether island communities are currently impacted by their location and subsequent access to a “prescribed person”.

Temporary Justice Measures

In terms of Courts and tribunals: conduct of business by electronic means etc. provisions, data is available through the Scottish Courts and Tribunals Service monthly workbook which details the throughput of criminal cases in Scotland’s courts. This shows the volumes of cases being progressed each month in the High Court, Sheriff Court and Justice of the Peace Courts from April 2020, compared against the monthly averages for 2019/20 (pre-Covid).

Geographical statistics have been provided by the Scottish Courts and Tribunals Service (“SCTS”) in order to identify any potential concerns that geographical location may impact users accessing Civil Online (the website for accessing online court notices). These statistics do not indicate any concerns or issues. A Sheriff Clerk from one remote court has confirmed this point.

In terms of Fiscal fines provisions, it is likely that in general terms fewer people reported to the Procurator Fiscal for an alleged offence will be offered a fiscal fine as an alternative to court action in the islands overall than elsewhere in Scotland, though data is not available on proportional comparisons across the country. The impact for those who are offered a fiscal fine is likely to be the same as elsewhere in Scotland. General data on the use of fiscal fines as an alternative to court action is available in Justice Analytical Services Coronavirus (COVID-19) Data Report: September 2021: Justice Analytical Services Coronavirus (COVID-19) Data Report: September 2021 (www.gov.scot)

In terms of Failure to appear before court following police liberation provisions, Police Recorded Crime statistics for 2020/21 (see Recorded Crime in Scotland, 2020-2021 (www.gov.scot)) shows that levels of recorded crime are lower in the three island local authorities than anywhere else in Scotland. As such, in terms of these provisions it is likely that in general terms fewer people are released on undertakings to appear in court for an alleged offence in the islands overall than elsewhere in Scotland, though data is not available on proportional comparisons across the country. The impact for those who are released on an undertaking is likely to be the same as elsewhere in Scotland. This provision was expired at the end of November 2023.

In terms of Criminal procedure time limits provisions, it is likely that, given the lower levels of recorded crime in remote and island community areas when compared with Scotland as a whole, proportionately fewer people are directly affected as victims, witnesses or accused people by delays in criminal proceedings caused by the Covid pandemic, though the impact for those who are affected is likely to be the same as elsewhere in Scotland. Data on the increase in the number of scheduled trials outstanding in courts across Scotland between March 2020 and November 2021 indicates that the backlog of cases is, generally speaking, lower in courts located in the islands than elsewhere (an average increase of 63% compared to 140% for Scotland as a whole) and while specific figures for the islands for sheriff solemn courts are not available, the increase in the number of scheduled cases outstanding in the Sheriffdom of Grampian, the Highlands and Islands is 235% - marginally higher than the average for Scotland as a whole (221%)

In terms of Proceeds of crime provisions, there is no relevant data held centrally on the application of the Proceeds of Crime Act 2002 on island communities.

In terms of Prisons and young offenders institutions provisions, while the criteria for eligibility for early release process would not address geographical location, it is understood that individuals released from prison may face particular difficulties if they are travelling long distances to reach their home domicile after release. However, this would be applicable to all forms of prison release, and would not be specific to the early release process under this provision. The Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Early Expiry of Provisions) Regulations 2024 will expire this provision from the end of 29 November 2024.

Who are your Key Stakeholders?

Generally, local authorities are amongst the key stakeholders for the Bill. All local authorities, and COSLA, were made aware of the 12 week public consultation “Covid Recovery: a consultation on public health, public services and justice system reforms” and whilst several councils did send in responses, Argyll and Bute Council was the only islands local authority to send in a response. This response is available via the Scottish Government’s Scottish Government’s consultation portal, together with other responses where permission to publish was given.

Similarly, all territorial health boards were made aware of the consultation and whilst some boards sent in responses, boards covering island areas were not amongst them.

It is later mentioned in this ICIA that nearly 200 respondents offered free text responses to the islands impact question. It is likely that some of the respondents had experience of living in an islands community and these individuals are also key stakeholders.

Education

Schools

Officials engage regularly with local authority representative bodies COSLA, ADES and SOLAR whose membership include Island Community local authorities. Officials also engage regularly with Island Community local authorities and have set up strong links.

As mentioned above, during the Covid pandemic an ICIA is maintained and updated to reflect the changing position regarding schools and the impact of Covid.

Local authority managers of hostel accommodation were consulted on guidance relating to residential accommodation and when it was revised.

Officials also engage regularly with Island Community local authorities and have set up strong links. For example, the Director of Education for Shetland spoke at an Scottish Government event in October 2019 held for education authority officers who lead on 2010 Act consultations to give the Island communities’ perspective.

Officials also met with bodies representing children, young people and parents during the course of the consultation period in relation to the proposals in the Bill.

Officials met with the local authority representative bodies during the formal consultation held between August and November 2021 to discuss the proposals. In the main local authorities and organisations were supportive of the proposals in their formal responses to the consultation. Formal responses were received from Argyll and Bute Council who were supportive of the proposal though wished to go further and have the flexibility to hold such meetings virtually outside of periods where there is a public health emergency.

Regulated childcare

Officials engage regularly with local authority representative bodies COSLA and ADES Early Years Network, as well private and third sector representative organisations whose membership include island community local authorities and private and third sector settings (including Early Years Scotland, the National Day Nurseries Association, the Care and Learning Alliance, the Scottish Childminding Association and the Scottish Out of School Care Network). Officials also engage regularly with island community local authorities and have set up strong links.

How does any existing data differ between islands?

Public Service Reform

Online meetings and hearings

In terms of Registration of births provisions, NRS publish data on the number of live births registered in Scotland, split by local authority area^[3]. For the three island authorities in 2020:

• Na-h-Eileanan Siar: 183 births registered
• Orkney Islands: 183 registered
• Shetland Islands: 176 births registered

In terms of Registration of deaths provisions, NRS also publishes annual data on the number of deaths recorded across all Scottish local authorities.

Temporary Justice Measures

While recorded crime is lower in all three of the island local authorities than the mainland local authorities, it is higher in the Western Isles (205 crimes/10,000 people) and Shetland Isles (198/10,000) than the Orkney Isles (144/10,000). Updated numbers for 2022-23 (latest available data are) ^[4]:

• Na h-Eileanan Siar [Western Isles] (308 crimes/10,000 people),
• Shetland Isles (278/10,000), and
• Orkney Isles (228/10,000).
• The increase in the number of outstanding scheduled summary trials in Stornoway Sheriff Court has been notably higher than in the other island sheriff summary courts (with an increase of 106% between 2019/20 and 2023/34), it has reduced significantly since its peak and is not noticeably different from a number of other summary sheriff courts across the country.

Are there any existing design features or mitigations in place?

Public Health Protection

As noted for the Modifications of the Public Health Etc. (Scotland) Act 2008 provisions, the enabling provisions allow different provision to be made for different purposes, and that restrictions and requirements put in place under regulations need not be the same for all parts of the country. The power has the flexibility built in to tailor the public health response so as to take into account particular challenges faced by island communities. The extent to which restrictions and requirements could or may need to be tailored would be dependent upon the nature of the public health threat, the actions required to control it and the potential consequences of failing to mount an effective response.

Public Service Reform

Online meetings and hearings

Whilst this ICIA highlights the benefits to residents of island communities, or professionals serving island communities, of reducing the need for travel to and from the mainland for meetings or hearings, it is important to note that none of the provisions make virtual meetings and hearings the only option available.

In terms of Bankruptcy: remote meetings of creditors provisions it would be incumbent on the trustee to ensure that the meeting is conducted in a manner that is appropriate and convenient for the creditors to enable them to participate fully, to vote and be heard.

Communicating by phone or online

Whilst this ICIA highlights the benefits to residents of island communities of reducing the need for travel to and from the mainland to access public bodies’ buildings or to rely on the post, the provisions do not remove the option of an in-person or postal service where appropriate.

In terms of Bankruptcy: service of documents provisions electronic delivery is only permitted with the express agreement of the recipient and the ability for documents to be served in a non-electronic format will remain.

With regard to Registration of births and Registration of deaths provisions, registration operates in the same way across Scotland, and traditionally involved the informant visiting the local authority registration office. This option will remain but the option of registering remotely will be available.

In terms of Care services: giving of notices by SCSWIS provisions, if electronic delivery appears to have been unsuccessful, the Care Inspectorate will attempt to electronically deliver the notice a further two times before attempting an alternative method. The Scottish Government understands that this reflects the same efforts that would have taken place should the notice have been sent by the postal service. Care service providers are able to indicate an unwillingness to receive notices electronically, having previously been willing to receive documents in this way, and the Care Inspectorate can also provide notices in various formats and languages on request, to aid accessibility.

Temporary Justice Measures

In terms of Courts and tribunals: conduct of business by electronic means etc. the provisions will not remove the option of traditional means of communication.

For intimation of court documents in many cases online publication is only one option available to the courts and other options may already be permitted, for example the option of publication in a newspaper is also sometimes available. SCTS also provide a telephone service during court opening hours for anyone unable to access the SCTS website.

In terms of attending a court or tribunal - the court and tribunal in every case retains the power to make directions which take account of the specific circumstances affecting parties to the proceedings.

In terms of Prisons and young offenders institutions provisions, following normal practice for release, Scottish Prison Service will offer assistance to prisoners approaching release – including those who may face particular issues with travel e.g. long distance, or accessing public services immediately following their release. The Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Early Expiry of Provisions) Regulations 2024 will expire this provision from the end of 29 November 2024.