Seòmar agus comataidhean

The Scottish Government continues to make progress in delivering its legislative programme in this parliamentary session with 38 Government Bills already passed since 2021. I have set out below the 14 Government Bills which parliament is currently scrutinising and we will set out the Bills which will be included in our Year 5 programme as part of the next Programme for Government. There are two Scottish Government Bills from the Year 4 programme which will be introduced before summer recess which are the Building Safety Levy Bill and the Crofting and Scottish Land Court Bill.

In addition, the Government remains committed to taking action in a number of policy areas but will not be in a position to bring forward three Bills in this parliamentary session. The reasons for that are set out below.

The Scottish Government consulted between July and October 2024 on proposed changes to the Adults with Incapacity (Scotland) Act 2000, with more than 160 responses received. During that engagement, risks relating to European Convention on Human Rights non-compliance in relation to deprivation of liberty cases emerged. As a result, there is the need for a more detailed approach to be developed to ensure we can bring forward a solution consistent with ECHR legislation.

We will therefore establish an Adults with Incapacity Expert Working Group to work with government on the additional policy and operational development required. The Minister for Social Care, Mental Wellbeing and Sport will also chair an Adults with Incapacity Ministerial Oversight Group to ensure that pace and progress is maintained, with a view to bringing forward a future Bill early in the next parliamentary term. I expect invites for both groups to be issued in June 2025, with initial meetings to take place in September 2025.

The Scottish Government is committed to ensuring people are protected from misogynistic abuse and we had previously committed to the introduction of a Misogyny Bill. This is a complex area of policy and law, and it would be necessary that any Bill which brought misogyny into criminal law contained clear and unambiguous provisions in regard to the circumstances in which they apply. This would include the implications of the recent Supreme Court Judgment. Given the short time left in this parliamentary session, there is insufficient time for a Bill to be finalised and introduced in this session, therefore the Scottish Government has decided not to proceed with this Bill in this parliamentary session.

To ensure there are protections for women and girls in law, we will therefore lay an SSI by September to add the protected characteristic of sex to the Hate Crime and Public Order (Scotland) Act 2021 so that they have the same protections as other groups protected by that Act. This SSI is subject to super affirmative process and will therefore be subject to consultation.

We recognise the gendered nature of the harm caused to women and girls and will also take forward further work and engagement on the harms caused by misogyny including what more could be done to tackle the underlying attitudes that lead to misogyny and gender based abuse.

The Scottish Government is committed to ending conversion practices. We will continue to develop our draft legislation and policy towards ending these harmful practices in Scotland. Engagement will continue with the UK government for a Bill covering England, Wales and Scotland. However, if this approach cannot be agreed, then we commit to publishing our own Bill in Year 1 of the next Parliamentary session.

Scottish Government Bills currently in Parliament

• Care Reform
• Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty)
• Community Wealth Building
• Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews
• Education
• Housing
• Land Reform
• Leases (Automatic Continuation etc.)
• Natural Environment
• Regulation of Legal Services
• Scottish Languages
• Tertiary Education and Training (Funding and Governance)
• UEFA European Championship
• Victims, Witnesses, and Justice Reform

Scottish Government Bills passed this session

• Aggregates Tax and Devolved Taxes Administration
• Agricultural and Rural Communities
• Bail and Release from Custody
• Bankruptcy and Diligence
• Budget
• Budget (No.2)
• Budget (No.3)
• Budget (No.4)
• Carer’s Allowance Supplement
• Charities (Regulation and Administration)
• Children (Care and Justice)
• Circular Economy
• Climate Change (Emissions Reduction Targets)
• Coronavirus (Discretionary Compensation for Self-isolation)
• Coronavirus (Extension and Expiry)
• Coronavirus (Recovery and Reform)
• Cost of Living (Tenant Protection)
• Fireworks and Pyrotechnic Articles
• Gender Recognition Reform
• Gender Representation on Public Boards (Amendment)
• Good Food Nation
• Housing (Cladding Remediation)
• Hunting with Dogs
• Judicial Factors
• Miners' Strike (Pardons)
• Moveable Transactions
• Non-Domestic Rates (Coronavirus)
• Patient Safety Commissioner for Scotland
• Police (Ethics, Conduct and Scrutiny)
• Post Office (Horizon System) Offences
• Prisoners (Early Release)
• Scottish Elections (Representation and Reform)
• Scottish Local Government Elections (Candidacy Rights of Foreign Nationals)
• Social Security (Amendment)
• Transvaginal Mesh Removal Cost Reimbursement
• Trusts and Succession
• Visitor Levy
• Wildlife Management and Muirburn

Since 1 April 2009, Scottish Ministers have declined to accept their full salary entitlement, freezing it at 2008-09 levels.

Between the start of the pay freeze on 1 April 2009 and 31 March 2025, this has resulted Scottish Ministers making over £2.2 million available for public spending from their own pay packets.

The freeze of the Ministerial element of pay at 2008-09 levels will remain in place for 2025-26, recognising the wider economic and fiscal pressures as well as the restraints placed on public sector pay.

The Ministerial element of pay will therefore remain at 2008-09 levels as shown in the following table:

The Scottish Government is committed to transforming holistic family support in local communities through the Whole Family Wellbeing Funding. That is why we have agreed with COSLA that the funding for Children's Services Planning Partnerships, who are driving the transformational change at a local level, will increase from £32 million to £38.1 million in 2025-26 and in 2026-27.

I have today published a new, strengthened Scottish Ministerial Code which sets the very highest standards of propriety and integrity.

The changes I have introduced mark the most fundamental developments to the Code since the introduction of Independent Advisers in 2008.

The Code has been restructured into three distinct sections: Ministers' Standards of Conduct; Ministers' Interests; and Ministers and the Procedures of Government. This brings ethical standards and public service values to the forefront, while ensuring that they are supported by the governing rules and procedures that underpin guidance to Ministers.

My 2024 edition of the Code provides an enhanced role for my Independent Advisers on the Code, who can now:

• Launch investigations into alleged breaches without a referral from me;
• Provide me with advice on the appropriate sanctions for a confirmed breach of the Code;
• Recommend to me improvements to strengthen the Code at any time; and
• Play a role in reviewing the processes in place to support Ministers to avoid any conflicts of interest between their private interests and their public duties.

I announced the appointment of my three new Independent Advisers on the Ministerial Code on 6 December and I have published their Terms of Reference alongside my new Code for the first time. These Terms of Reference set out the detail of my Advisers strengthened role and the process of independent scrutiny and advice they can provide to me.

My new Code has been updated throughout to support the highest standards of transparency, integrity, accountability and honesty. For example, the Seven Principles of Public Life have been brought into the body of the Code and updates have been made to ensure that the Code reflects existing rules, guidance and procedure on the use of corporate communication channels and on Ministerial travel and engagements.