New guidance issued for the festive period

Restrictions tightened due to spread of new variant of COVID-19.

Scotland will significantly tighten protections against Coronavirus (COVID-19) to prevent the spread of the new, highly contagious strain of the virus.

Following confirmation that the new variant of COVID-19 spreads substantially more quickly, the First Minister announced that Scotland needs to act now.

To keep people safe, the First Minister announced:

  • the planned easing of restrictions around Christmas will be limited to Christmas Day itself, and not the previous 5 day window that was planned
  • legal household limits will still apply – a maximum of 8 people from 3 households – however advice is to minimise the numbers. Where possible, people should celebrate the festive period at home in their own household and meet with others outdoors
  • other than for specific exemptions, travel between Scotland and the rest of the UK will not be legal
  • travel within Scotland will be allowed on Christmas Day
  • from Boxing Day, all of Scotland will have Level 4 restrictions applied, including the closure of non-essential retail and hospitality. The only exceptions will be Orkney, Shetland and the Western Isles, and the other island communities where restrictions have been reduced in recent weeks, who will be placed in Level 3
  • from Boxing Day, in line with existing law, travel across local authority boundaries between areas in Level 3 or 4 will not be legal other than for specific exempt purposes

The First Minister also set out new plans for the return of schools in the New Year. Teachers will return to work as planned and children of key workers and the most vulnerable children, will return to schools as planned.

For the majority of pupils the holiday period will be extended until 11 January and learning will begin online from then until at least 18 January.

All these measures will be kept under regular review.

The First Minister said:

“Last week it was confirmed that a new variant of the virus had been identified in the UK, and I advised Parliament that a small number of cases of it had already been identified in Scotland.

“While further analysis is required to establish this one way or another, we already have a concern that this strain may be driving what appears to be faster transmission in some hospitals and care homes.

“That’s why we have decided to act and to act firmly.

“Firstly, we are asking everyone to redouble your personal efforts in sticking to the rules and following FACTS.

“Secondly, we intend to maintain a strict travel ban between Scotland and the rest of the UK. This will remain in place throughout the festive period. We simply cannot risk more of this strain entering the country if we can possibly avoid it.

“Thirdly, we now intend to change the law to allow mixing indoors in a bubble on Christmas Day only. The household limits will still apply – a maximum of 8 people from 3 households  – is the law. But the advice will be to minimise numbers as far as possible.

“My message is stay home, stay safe and enjoy Christmas. That is in your own interest and the interest of everyone you love.”

Speaking about beyond Christmas, the First Minister said:

“To limit, as far as we can, the risk of this strain spreading further than it has within Scotland, we intend to apply Level 4 measures to all of mainland Scotland for a period of three weeks from one minute after midnight on Boxing Day morning.

“The only exceptions will be Orkney, Shetland and the Western Isles, and the other island communities where we have reduced restrictions in recent weeks, who will go into Level 3 but with strict restrictions on who can travel to and from those islands.

“The situation the new strain presents means that until we are sure it is firmly under control – until we are sure we are not facing the same situation as the south of England today faces, we must slightly change our plans for the way our schools work.

“Schools still open next week will close as planned – we are not changing that. They were then due to reopen from 5 January with all councils areas back by the 7.

“Instead of that, here is what we are ow going to do – for the children of key workers – such as nurses in our hospitals – schools will open and stay open as normal. They will also open as normal for the most vulnerable children. All teachers will also return to work as scheduled and planned. For the majority of pupils, however, the holidays are being extended until 11 January. Starting on that date, learning will be online until at least 18 January.

“After that, assuming we are confident we have the virus under control we will aim to reopen schools more fully but at least until then, schools will go online only other than for the children of key workers and the most vulnerable.”

Background

The First Minister’s statement.

Scottish Government Short-Term Let Regulation: The Next Steps

The Scottish Government recently published their response to their consultation on short-term let regulation.

Despite the volume of correspondence questioning the timing of the regulations due to the impact of Covid-19, not to mention the concerns from local authorities about the pressures they will face from a financial and resourcing perspective, the Scottish Government will take forward their regulations to introduce a licensing scheme and control areas.

The Scottish Government therefore laid the regulations, known as draft Scottish Statutory Instruments (SSIs), before parliament this week – the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2021 and the Town and Country Planning (Short-term Let Control Areas) (Scotland) Regulations 2021.

In terms of the next steps in parliament, the Delegated Powers and Law Reform Committee will review these SSIs for any technical or drafting issues and then the Local Government and Communities Committee will scrutinise them from a policy perspective. The Local Government Committee have today issued a call for evidence on the regulations, open until 22 January 2021, which asks the following questions of affected stakeholders:

  1. Do the proposed changes strike the correct balance between protecting the long-term sustainability of local communities and promoting tourism and strong local economies?
  2. Has the Scottish Government’s defined short terms lets in a clear and correct way in the legislation?
  3. Will local authorities have adequate resources, powers and expertise to make a success of their new powers and duties?

These SSIs are not amendable and MSPs can only vote to accept or reject them. If the Scottish Parliament approves the SSIs, they will come into force on 1 April 2021. Local councils will have until 1 April 2022 to establish a licensing scheme and existing ‘hosts’/operators will have until 1 April 2023 to apply for a licence.

The Association of Scotland’s Self-Caterers has a number of concerns about the draft SSIs and will continue to make representations on your behalf to both the Scottish Government, the Short-Term Let Delivery Group as well as the parliamentary committees, and we will keep you updated with relevant developments.

The ASSC submitted the following evidence to the Committee following the publication of the BRIA on 10th December:

ASSC written evidence for LGC Committee – December 2020

ASSC Notes on BRIA – December 2020

We are yet to comment on the SSIs themselves.

Andy Wightman quits Scottish Greens over transgender row

In a tweet published just a few minutes ago, Andy Wightman has announced he’s leaving the Scottish Green Party and will sit as an independent MSP.

His letter to co-leaders Lorna Slater and Patrick Harvie says: 

For some time now, since I was admonished for attending a public meeting at Edinburgh University in June 2019, I have been saddened by the intolerance shown by some party members to an open and mature dialogue about the tensions and conflicts around questions of sex and gender in the context of transgender rights and women’s rights. On Thursday last week it was made clear to me that if (as I was minded to), I voted for amendment 28 to the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Bill, I would face complaints and disciplinary action leading to possible suspension, deselection or expulsion. On the evidence of the reaction to my attendance at the June 2019 public meeting, I took this prospect seriously.

I understand that the Scottish Green Party has a strong commitment to equalities and trans rights. However, some of the language, approaches and postures of the party and its spokespeople have been provocative, alienating and confrontational for many women and men. It has become evident to me that the sort of open-minded public engagement I would like to see take place on this topic is incompatible with a party that has become very censorious of any deviation from an agreed line. Put simply, I cannot operate in this kind of environment and Thursday’s vote and the discussions that took place around it were the final confirmation of that.

I remain committed to Green politics and will endeavour to work constructively with the Green Group in Parliament until dissolution. I also have important work to do on tenants’ rights, the climate crisis, land reform, local democracy and taking forward my European Charter of Local Self-Government (Incorporation) (Scotland) Bill.

Motion of no-confidence

In a separate development, Scottish Labour has lodged a motion of no-confidence in public health minister Joe FitzPatrick.  It has the support of Scottish LibDem MSPs so far.