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

Step four - assessment

Does your assessment identify any unique impacts on island communities? (Further detail in the Guidance)

• Demographic
• Economic
• Gaelic
• Social

Education

As per Modifications of the Public Health etc. (Scotland) Act 2008, this section of the Bill contains only enabling powers, the provisions themselves have no immediate impact on island communities; any such impact would come at the point of regulations being made under the powers contained in the Bill. While it is more challenging at this stage to identify potential impacts of regulations in relation to the public health powers (as it is impossible to predict which protective measures would be required for a future public health threat), and although it is not possible to predict the nature of a future health emergency or pandemic and what effects that would have on educational provision, it is not unreasonable to assume it could involve use of restrictions similar to those used during Covid and therefore the potential impact of future regulations can be explored further.

Schools and regulated childcare

The Scottish Government has considered whether the use of regulations to place any restrictions on access to, or experiences within, schools and regulated childcare settings is likely to have an effect on island communities that is significantly different from its effects on other communities (including other island communities) in Scotland.

The Scottish Government has identified the following issues which may flow from the use of regulations which may be more acute for island communities:

• Continuity of services – It is possible that the continuity of school and regulated childcare services within island communities may be impacted more acutely than in other parts of Scotland if regulations were introduced. For example, there are generally fewer and smaller schools and childcare settings available across island communities, and any staffing or supply chain issues may therefore be more acute for these communities.
• Transportation – When considering restricting access to school and regulated childcare settings in island communities, transportation for staff delivering critical childcare (if appropriate to the health crisis) would need to be taken into consideration. This may be a particular issue for island communities where staff have to commute inter-island to get to their school or setting, particularly if there are wider restrictions on public transport.
• Digital Connectivity - If restrictions were placed on access to schools and regulated childcare settings through the use of regulations, island communities may be impacted more by lack of digital connectivity. Digital connectivity is a key enabler for parents to access support for learning for their children and young people, and the National Islands Plan recognises that access to good quality digital infrastructure for all is essential to improving the educational outcomes for children and young people on the islands. Good digital connectivity is increasingly vital for education and would be particularly important should access to schools and regulated childcare be restricted by regulations.

Further Education/Higher Education

The Scottish Government believes there is a strong possibility of increased isolation for rural communities, poorer outcomes in terms of post-graduation employment and students suffering during home study due to poorer digital connectivity. As noted above however, there would be difficulties in providing data to support this.

Given the focus in this ICIA on the Bill themes “Online meetings and hearings” and “Communicating by phone or online”, which are considered to potentially impact differentially in the islands, the following geographic/social impacts are considered to be most relevant:

• Some island communities are geographically disconnected from registration offices, tribunal buildings or other public bodies’ premises.
• Broadband and mobile internet coverage in some island communities is not always as robust as in other parts of Scotland.

School Consultation provisions

These proposals would give Ministers power to relieve education authorities, in the event of a public health emergency, from the requirement to hold in-person public meetings and to make available paper copies of relevant consultation documents. This may be of benefit to some in island communities given the significant distances and reduced access to transportation that may affect travel to public meeting venues. In addition, making consultation materials usually available in hard copy at council offices via alternative means would help Island communities in particular where travel is more difficult especially during a possible health crisis. Those with an interest will still be able to access documents where restrictions are in place.

It should also be noted that during the Covid pandemic there were periods where fewer restrictions were in place due to the remoteness of the communities and reduced prevalence of the virus. Therefore, it may be the case that 2010 Act consultations can proceed with “in-person” public meetings or not have to rely on making paper copies of consultation documents via alternative means. In such cases Island authorities will not be able to successfully apply to be able to access the planned flexibilities which could be available to other local authorities in other parts of Scotland

Public Service Reform

Online meetings and hearings

In terms of Bankruptcy: remote meetings of creditors provisions, the ability to hold virtual meetings of bankruptcy creditors virtually would improve efficiency and reduce the costs (for example, the costs of creditors and the trustee travelling to attend a meeting in a physical environment and costs involved in hiring a venue) – potentially increasing the returns paid to creditors.

In terms of Requirements of writing: Disapplication of physical presence requirements provisions, the Bill would allow greater access, convenience, and flexibility to those who may require such legal services, whilst facilitating a move to a more digitalised justice sector. The provisions may be of particular benefit to the on island communities as they may improve efficiency and reduce the costs associated with travel.

Communicating by phone or online

In terms of Registration of births and Registration of deaths provisions, the island authorities, and other authorities with island communities, may have more interest in providing remote registration than urban authorities as people may have to travel further, at greater inconvenience and expense, to physically attend a registration office.

Tenancies

Island communities have significantly less rental stock than other areas of Scotland and can often face supply issues that are impacted by wider issues such as the prevalence of second homes and short term lets. Therefore the extra layer of protection against eviction and homelessness afforded by the pre-action protocol and Tribunal discretion provisions may particularly benefit those living in the rental sector in island communities.

Temporary Justice Measures

In terms of National jurisdiction for callings from custody etc. provisions, an assessment has not identified any specific issues that will significantly differentially affect island communities relating to the operation of a national jurisdiction for custody cases as compared to the rest of the country. Providing for a national jurisdiction for custody cases allows custody courts to be conducted in a way which minimises unnecessary travel and congregation of people that could increase the spread of Covid. The measure also enables Police Scotland and SCTS to operate a smaller number of centralised police custody suites and court hubs in response to Covid as needed. As people may be held in a smaller number of designated police custody suites (as facilitated by these jurisdictional provisions) they may also require to travel greater distances than they ordinarily would to the centralised custody suite prior to their appearance in court. An example is where an individual is arrested in, for illustrative purposes, Stonehaven for a crime allegedly committed there and is then taken to a centralised custody facility in Dundee, for appearance the next day at Dundee Sheriff Court by live link. Conversely, as this measure supplements the approach taken in virtual court appearances more generally, it may reduce the overall time an individual spends in police custody by enabling all matters to be heard in one court, which prevents the accused having to be transported across the country to appear at different courts on a different days. Any issues that may arise relating to individuals who have difficulty travelling greater distances for custody hearings will be taken into account on a case-by-case basis, including those residing on island communities. In particular and in recognition of the remote nature of island communities, the move to a smaller number of centralised police custody suites did not change or affect any custody suites serving the island communities where existing provision was maintained.

Does your assessment identify any potential barriers or wider impacts?

Since broadband coverage in some island communities is as noted not as robust as in other parts of Scotland, online service provision under the Bill may not be as accessible to them.

On the other hand, as noted since some island communities are geographically disconnected from public bodies’ premises, phone or online means of accessing them may be beneficial in terms of minimising the need for unnecessary or burdensome travel.

Are there mitigations in place for these impacts raised?

The Government considers that appropriate mitigations, to the extent that they can be legislated for, have been included in the Bill. Principally this is that nothing in the public service reform provisions exclude traditional in-person ways of doing things – online or telephone service is not mandated.

Ongoing consideration will be given to what non-statutory mitigations might be appropriate. For example, in terms of Registration of births and Registration of deaths provisions, given potential costs of telephony for informants the intention is that, so far as possible, the costs of phone calls to obtain information to register a birth will be borne by the local authority (other than the small cost of a brief call to establish a telephone appointment). In some cases, it may be possible to use video conferencing.

Another example is that in terms of the Mental health: removal of need for witnessing of signature of nominated person provisions, the Bill ensures that patients still have the ability to choose their own named person, while minimising any delays in the process of nomination caused by the pandemic. This in turn will reduce any delays in having the patient involved in their care and treatment decisions. This change is not affected by location and has potential to speed up the process for those in island locations as there will be no need to seek out a prescribed person (an independent advocate; medical practitioner; arts therapist, dietician, occupational therapist, physiotherapist, practitioner psychologist and speech and language therapist; person employed in the provision of, or managing the provision of, a care service; registered nurse; social worker; and solicitor) to act as a witness.

Is a full Islands Communities Impact assessment Required?

You must now determine whether, in your opinion, your policy, strategy or service is likely to have an effect on an island community which is significantly different from its effect on other communities (including other island communities).

To form your opinion, the following questions should be considered:

• Are there mitigations in place for the impacts identified and noted above from stakeholders and community consultations? (further ICIA action not required, complete section below and publish)

Yes, both statutory and non-statutory mitigations (as described above).

• Does the evidence show different circumstances or different expectations or needs, or different experiences or outcomes (such as different levels of satisfaction, or different rates of participation)?

No; they are not markedly negative or unique to islands communities. There are intended and anticipated benefits to islands communities.

• Are these different effects likely?

No; they are not markedly negative or unique to islands communities. There are intended and anticipated benefits to islands communities.

• Are these effects significantly different?

No.

• Could the effect amount to a disadvantage for an island community compared to the mainland or between island groups?

No.

If your answer is No to the above questions, please complete the box below.

If the answer is Yes, an ICIA must be prepared and you should proceed to Step 5.

A Full Islands Community Impact Assessment is not required

In preparing the ICIA, I have formed an opinion that our policy, strategy or service is not likely to have an effect on an island community which is significantly different from its effect on other communities (including other island communities). The reason for this is detailed below.

Reason for not completing a full Islands Communities Impact Assessment:

A partial ICIA has been prepared and published, which satisfactorily addresses the islands communities impacts of the Bill in line with available evidence and consultation input.