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Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

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Question reference: S6W-30356

Asked by: Neil Bibby, MSP for West Scotland, Scottish Labour
Date lodged: Wednesday, 02 October 2024
Current Status: Answered by Kaukab Stewart on 29 October 2024

To ask the Scottish Government, further to the answer to question S6W-29171 by Kaukab Stewart on 3 September 2024, whether it will provide further details of the “restrictions related to legislative competence” that led to the decision to stop work on the proposed, and reportedly widely supported, new public sector equality duty on inclusive communication.

The content of any legal advice is confidential. By long-standing convention, successive Scottish and Westminster Governments have not disclosed the source or content of legal advice other than in the most exceptional circumstances.

However, we have sought to provide some further details of the relevant legal background. There are multiple constraints on the ability to legislate in relation to this matter. Firstly, the Scottish Parliament cannot make laws which relate to a reserved matter. The relevant reserved matter is Section L2 of Schedule 5 of the Scotland Act 1998 which reserves the subject matter of “Equal opportunities”. A proposed new duty relating to inclusive communications relates to this reserved matter and therefore falls within one of the limited exceptions to this reservation.

Further, in terms of section 29(2)(c) and schedule 4 of the Scotland Act 1998, the Scottish Parliament cannot make laws which modify the law on reserved matters. The Equality Act 2010 is a law on reserved matters and as such a new duty related to inclusive communications cannot modify any provision of it. Lastly, the enabling power for a new duty was limited to the following (as per section 153 of the Equality Act 2010): regulations which have the purpose of enabling the better performance of listed authorities of their public sector equality duty.

Question reference: S6W-30353

Asked by: Neil Bibby, MSP for West Scotland, Scottish Labour
Date lodged: Wednesday, 02 October 2024
Current Status: Answered by Kaukab Stewart on 29 October 2024

To ask the Scottish Government, regarding its commitments on inclusive communication, what alternative legislation or regulations were considered beyond any restrictions identified under the Equality Act 2010, and what the reasons were for any such alternative routes not being pursued.

Our commitment relating to inclusive communication was part of our work considering improvements to the operation of the Public Sector Equality Duty (“PSED”) in Scotland, which is contained in section 149(1) of the Equality Act 2010. The Scottish Government has limited competence to legislate in relation to equal opportunities including the PSED.

In relation to supporting public authorities to better comply with the PSED, the only available legislation making power Scottish Ministers have is to impose specific duties under the Equality Act 2010, therefore no other alternative legislative route is available.

Question reference: S6W-30357

Asked by: Neil Bibby, MSP for West Scotland, Scottish Labour
Date lodged: Wednesday, 02 October 2024
Current Status: Answered by Kaukab Stewart on 29 October 2024

To ask the Scottish Government whether it will specify the definition that it used to outline communities that could benefit from regulations on inclusive communication when determining its legal competence to introduce laws in this area.

This work related to a new duty related to inclusive communication in Scotland made under the Equality Act 2010. This means that the legislation could only relate to communities who have protected characteristics set out in that Act.

However, the Scottish Government’s policy understanding of inclusive communication, is as follows: “Inclusive communication is giving information in a way that is accessible to as many people as possible. It ensures people can receive information and express themselves in ways that best meet each individual’s needs.” Therefore we anticipate that many communities could benefit from activities to enhance the use and understanding of inclusive communication across the public sector.

Question reference: S6W-30355

Asked by: Neil Bibby, MSP for West Scotland, Scottish Labour
Date lodged: Wednesday, 02 October 2024
Current Status: Answered by Kaukab Stewart on 29 October 2024

To ask the Scottish Government, further to the answer to question S6W-29171 by Kaukab Stewart on 3 September 2024, how it plans to monitor the use of inclusive communication guidance, tools and resources and the impact of powers under Regulation 11 of the Scottish Specific Duties on listed public authorities.

The Scottish Government recognises the importance of accountability and seeks to ensure that it is built into everything that we do. Regarding monitoring arrangements, the responsibility for oversight of compliance with the Equality Act 2010, including compliance with the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 including Regulation 11, rests with the Equality and Human Rights Commission (EHRC), which has issued guidance on how the Regulations should be applied in practice.

Question reference: S6O-03871

Asked by: Neil Bibby, MSP for West Scotland, Scottish Labour
Date lodged: Wednesday, 23 October 2024
Current Status: Taken in the Chamber on 31 October 2024

To ask the Scottish Government when it last met with NHS Greater Glasgow and Clyde and what issues were discussed.

Question reference: S6O-03839

Asked by: Neil Bibby, MSP for West Scotland, Scottish Labour
Date lodged: Wednesday, 02 October 2024
Current Status: Taken in the Chamber on 10 October 2024

To ask the Scottish Government whether it will provide an update on its work on inclusive communication.

Question reference: S6O-04051

Asked by: Neil Bibby, MSP for West Scotland, Scottish Labour
Date lodged: Wednesday, 02 October 2024
Current Status: Taken in the Chamber on 10 October 2024

To ask the Scottish Parliamentary Corporate Body what it is doing to encourage the employment of more people with learning disabilities, autism and neurodivergence (LDAN) in the Parliament.

Question reference: S6W-29032

Asked by: Neil Bibby, MSP for West Scotland, Scottish Labour
Submitting member has a registered interest.
Date lodged: Wednesday, 25 September 2024
Current Status: Initiated by the Scottish Government. Holding Answer by me on 2 October 2024

To ask the Scottish Government Dughall BP test

Question reference: S6O-04022

Asked by: Neil Bibby, MSP for West Scotland, Scottish Labour
Date lodged: Tuesday, 01 October 2024
Current Status: Taken in the Chamber on 9 October 2024

To ask the Scottish Government TEST.

Question reference: S6W-29611

Asked by: Neil Bibby, MSP for West Scotland, Scottish Labour
Date lodged: Thursday, 05 September 2024
Current Status: Answered by Jenny Gilruth on 20 September 2024

To ask the Scottish Government how much it has spent on issuing pupils with free laptops and digital devices, and what evaluation it has carried out of the impact of this policy on the educational performance of the pupils who have received these devices.

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