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

Step three - consultation

Is there are information already gathered through previous engagements?

Question 41 of the main consultation paper referred to above concerned island communities impact assessment and was as follows:

Do you have any comments on potential impacts of the proposals in Chapters 2 to 4 of this paper on people in rural or island communities?

• Yes I have comments on potential impacts
• No
• Unsure
• I have no view

If you have selected “Yes” please write your comments below. It would be helpful if you could refer to topics of particular interest to you with their topic codes.

179 respondents (of which there were nearly 3,000 in total) offered free text responses to this question. A full consultation analysis report is available via this webpage. As the consultation analysis report highlights, whilst many responses touched on general issues affecting island communities, such as ferry services, they did not on the whole address how particular proposals within the consultation paper affect islands communities. In response to this question Argyll and Bute Council commented, “[we] would highlight positive impacts of remote/online meetings, registration, electronic signatures, etc. which have been experienced to date by those living in our island communities, where many of the individuals living in these communities are generally older and/or have a lower than average income. Factors such as these in many cases can impact on ability to travel to carry out the aforementioned business in-person.”.

Education

Schools

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

Officials engaged with local authority representative bodies noted above during the consultation period inviting all local authorities, including those from the Island Communities to respond, of which Argyll and Bute Council provided a response.

Regulated childcare

Information about specific issues faced by island communities in the delivery of ELC provision was gathered through consultation for the Island Communities Impact Assessment carried out for the expansion of ELC (reinstatement of 1140 statutory duty) in January 2021. This information has been used to inform the Scottish Government’s understanding of the potential impact of the use of regulations to place restrictions on registered ELC settings in island communities due to a future public health crisis/pandemic.

Officials also engaged with the local authority and sector representative bodies noted above during the consultation period inviting all local authorities and representative bodies, including those from (or with membership from) the Island Communities, to respond.

Public Service Reform

Communicating by phone or online

In terms of Land registration provisions, ahead of the main consultation Registers of Scotland carried out a public consultation on behalf of Ministers between 22 December 2020 and 1 February 2021 on these proposals. This included inviting views on making digital submission the default to which the response was overwhelmingly in favour.

In terms of Freedom of Information: giving notice electronically provisions, the Scottish Information Commissioner is in regular contact with public authorities throughout the country, including islands authorities, and has not flagged any island- related issues.

Miscellaneous

In terms of Mental health: removal of need for witnessing of signature of nominated person provisions, in response to the main consultation, the Royal College of Psychiatrists indicated support of this proposal and stated that “ …..the requirement for written witnessed acceptance of the Named Person nomination can be impossible to achieve within an appropriate time frame. Examples of this include emergency situations or potentially when nominated Named Persons are living in remote and rural areas. Even where such barriers do not apply, there is inevitably a time delay between the patient's nomination and the witnessed acceptance of nomination that can impact the effectiveness of care and treatment, to the detriment of the patient”.

How will you carry out your consultation and in what timescales? Public meetings/ Local Authorities / Key Stakeholders

As mentioned, the full public consultation on the Bill has completed and a full consultation analysis report has been published.

The Government is carrying further formal consultation on a number of matters associated with Bill provisions including A New Deal for Tenants - draft Rented Sector Strategy consultation and Bail and release from custody arrangements in Scotland. These and other Scottish Government consultations are hosted at Scottish Government - Citizen Space (consult.gov.scot).

What questions will you ask when considering how to address island realities?

As mentioned, question 41 of the main consultation paper specifically invited respondents to consider the impacts of consultation proposals on island communities.

Separate consultation events for Island communities / Local Authorities?

Specific Scottish Government teams and public bodies with responsibility for implementing the Bill will carry out appropriate targeted consultation on islands issues.

Education

For example on provisions for Educational establishments etc. the Scottish Government would maintain links with key stakeholders, for example, local authority representative bodies and with individual Island community local authorities (as was done during the Covid pandemic) and that this will help ensure that the specific circumstances of these communities is taken into account when exercising the above powers. It is also the case that before the powers can be exercised that Ministers must have regard to the advice of the Chief Medical Officer to ensure that the powers are being used appropriately and to support the prevention of infection.

Public Service Reform

Communicating by phone or online

For example on Registration of births and Registration of deaths provisions, local authorities have responsibility for birth registration, under the direction of the Registrar General for Scotland at NRS. When implementing the provisions in the Bill on remote registration, NRS will discuss with local authorities, including the three island authorities and other local authorities with island communities, how birth registration services should best be configured in their areas.

Temporary Justice Measures

In terms of Courts and tribunals: conduct of business by electronic means etc. the operation of the Courts is a matter for the Lord President of the Court and Session and SCTS who will continue to engage locally when making operational decisions.