{"links":{"self":"https://petitions.parliament.scot/petitions.json","first":"https://petitions.parliament.scot/petitions.json","last":"https://petitions.parliament.scot/petitions.json?page=3","next":"https://petitions.parliament.scot/petitions.json?page=2","prev":null},"data":[{"type":"petition","pe_number":"PE1869","links":{"self":"https://petitions.parliament.scot/petitions/PE1869.json"},"attributes":{"title":"Make it law for all railway stations to have step free access","summary":"Calling on the Scottish Parliament to urge the Scottish Government to introduce legislation that requires all railway stations to have step free access.","previous_action":"I have contacted the Scottish Government but received no reply.","background_information":"People who have disabilities and are unable to walk up steps  are appalled that the Scottish Government is not doing anything to make sure they can access ALL Railway Stations in Scotland. This means that some people who can’t drive are unable to get on a train either.\r\n\r\nThe Scottish Government NEEDS to do more so that people are not disadvantaged due to their disabilities.\r\n","petitioner":"Dillon Crawford","status":"collecting_signatures","signature_count":1,"created_at":"2021-05-18T15:15:56.080Z","updated_at":"2021-05-20T10:39:43.854Z","rejected_at":null,"opened_at":"2021-05-20T10:39:43.843Z","under_consideration_at":"2021-06-17T22:59:59.999Z","closed_at":null,"archived_at":null,"submitted_on_paper":false,"submitted_on":null,"creator_name":"Dillon Crawford","rejection":null,"topics":[]}},{"type":"petition","pe_number":"PE1868","links":{"self":"https://petitions.parliament.scot/petitions/PE1868.json"},"attributes":{"title":"Support for working single parents","summary":"Calling on the Scottish Parliament to urge the Scottish Government to provide support to single parents by—\r\n*increasing the council tax discount available to single parents from 25% to 50%; and\r\n*lobbying the UK Government to create a working single parent tax allowance and a household income-based child benefit.","previous_action":"I have contacted MSPs Rona Mackay, Neil Bibby, Ross Greer and Jamie Greene.\r\n\r\nI have also emailed Nicola Sturgeon. ","background_information":"I believe that single working parents face financial discrimination from the Scottish and UK Governments.\r\n\r\nThe Scottish Government should make a change to Council Tax, adding ‘Single parent’ to the 'disregarded' list, so that single parents are eligible for a 50% discount. This would help single parents by removing the extra 25% burden they pay from 1 salary vs households with two working parents.\r\n\r\nI am also petitioning the UK Government to change income tax and child benefits, to help single parents.\r\n\r\nTwo working parents can earn more as a household e.g. £40,000 from 2 salaries, and be taxed less, compared to a 'single parent', who earns more as an individual e.g. £25,300, but less as a household.  The same situation applies in child benefit eligibility. The availability of a married couple allowance again highlights more discrimination.\r\n\r\nI would like the Scottish Government to support my call for a working single parent tax allowance, and to lobby to the UK Government for this.","petitioner":"Laura McKain","status":"collecting_signatures","signature_count":79,"created_at":"2021-05-17T16:40:54.147Z","updated_at":"2021-05-21T17:08:30.000Z","rejected_at":null,"opened_at":"2021-05-20T08:48:44.490Z","under_consideration_at":"2021-06-17T22:59:59.999Z","closed_at":null,"archived_at":null,"submitted_on_paper":false,"submitted_on":null,"creator_name":"Laura McKain","rejection":null,"topics":[]}},{"type":"petition","pe_number":"PE1867","links":{"self":"https://petitions.parliament.scot/petitions/PE1867.json"},"attributes":{"title":"Establish a new national qualification for British Sign Language (BSL)","summary":"Calling on the Scottish Parliament to urge the Scottish Government to encourage the Scottish Qualifications Authority (SQA) to establish a National Qualification in British Sign Language (BSL) at SCQF Level 2.","previous_action":"I have contacted Collette Stevenson MSP who is supportive of my petition.","background_information":"Currently there is no SQA British Sign Language (BSL) at SCQF Level 2 unlike French, Spanish, German, Italian, Gaelic (for learners), Urdu, Mandarin and Cantonese.\r\n\r\nAs a result, BSL cannot be taught from Primary 1 as an \"L2\" language. It is currently an \"L3\" language which means it can only be taught from Primary 5 onwards. A BSL SCQF Level 2 qualification would allow for pupils to be taught signs while they are learning English, minimising the barrier of communication between hearing and non-hearing children and adults.\r\n\r\nThe Scottish Government BSL National Plan, established in 2017, encourages more students to learn BSL in schools. However, I do not think it takes enough action to support this. I think that establishing this new qualification would lead to a higher uptake of children learning BSL, in both Primary and Secondary education.","petitioner":"Scott Macmillan","status":"under_consideration","signature_count":0,"created_at":"2021-05-14T20:06:21.440Z","updated_at":"2021-05-21T09:49:37.947Z","rejected_at":null,"opened_at":"2021-05-20T08:21:23.293Z","under_consideration_at":"2021-05-20T08:21:23.293Z","closed_at":null,"archived_at":null,"submitted_on_paper":false,"submitted_on":null,"creator_name":"Scott Macmillan","rejection":null,"topics":[]}},{"type":"petition","pe_number":"PE1866","links":{"self":"https://petitions.parliament.scot/petitions/PE1866.json"},"attributes":{"title":"Introduce legislation to improve bus travel for wheelchair users\r\n\r\n","summary":"Calling on the Scottish Parliament to urge the Scottish Government to introduce legislation so that wheelchair users are able to face frontwards when travelling on a bus.","previous_action":"I have taken the issue to my local MSP, who just advised me to take it up with disability charities. I didn’t feel this response was adequate, or that the issue was really treated that seriously. \r\n\r\nAlso, as this is a travel issue, I tried to go through the transport minister's office but as I do not live within the local constituency, to my shock I got told they couldn't take it up.  \r\n","background_information":"Currently wheelchair users are required to face backwards on buses. This is unfair as other passengers have the option. It is not very dignifying facing everyone else on a bus and also for people who suffer from travel sickness, travelling backwards can make this worse. People like me are missing out as they can't travel on buses. Let's make it equal, give wheelchair users the same choice as other passengers.","petitioner":"Daryl Cooper","status":"under_consideration","signature_count":0,"created_at":"2021-05-13T21:59:10.461Z","updated_at":"2021-05-20T10:56:50.897Z","rejected_at":null,"opened_at":"2021-05-20T08:08:12.246Z","under_consideration_at":"2021-05-20T08:08:12.246Z","closed_at":null,"archived_at":null,"submitted_on_paper":false,"submitted_on":null,"creator_name":"Daryl Cooper","rejection":null,"topics":[]}},{"type":"petition","pe_number":"PE1865","links":{"self":"https://petitions.parliament.scot/petitions/PE1865.json"},"attributes":{"title":"Suspend all surgical mesh and fixation devices","summary":"Calling on the Scottish Parliament to urge the Scottish Government to suspend the use of all surgical mesh and fixation devices while—\r\n\r\n*a review of all surgical procedures which use polyester, polypropylene or titanium is carried out; and\r\n*guidelines for the surgical use of mesh are established. ","previous_action":"I have been in contact with my MSP, and Scottish Government officials who advised that the concerns of hernia and other mesh survivors would be heard along with those of TVT and pelvic mesh survivors.  They never were.  \r\n\r\nI also met with the Cabinet Secretary for Health and Sport.","background_information":"Information on polypropylene and polyester mesh and stitches clearly states the potential complications of their use and titanium protacks carry a cancer warning.\r\n\r\nWe understand mesh must be used in life or death situations, but we want to ensure that—\r\n\r\n*mesh is only used when essential; \r\n*patients have alternatives to mesh; and \r\n*mesh is only used with the fully informed consent of the patient. \r\n\r\nWe want the use of mesh devices and stitches to be suspended while a review of all surgical procedures which implant any form of polyester, polypropylene or titanium products – for example hernia mesh, rectomesh, mesh used in hysterectomies – is carried out and guidelines for the use of surgical mesh are established. \r\n\r\nWe are also calling for suspension of the use of titanium protacks that are used with hernia mesh, as these carry a cancer warning. \r\n\r\nWhile we recognise and support women with TVT or pelvic mesh implants, the mesh that we are talking about is not the same. It is put into the body differently and used for different purposes. ","petitioner":"Roseanna Clarkin, Lauren McDougall and Graham Robertson","status":"under_consideration","signature_count":0,"created_at":"2021-05-13T15:54:40.482Z","updated_at":"2021-05-20T15:54:41.345Z","rejected_at":null,"opened_at":"2021-05-17T13:11:10.654Z","under_consideration_at":"2021-05-17T13:11:10.654Z","closed_at":null,"archived_at":null,"submitted_on_paper":false,"submitted_on":null,"creator_name":"Roseanna Clarkin, Lauren McDougall and Graham Robertson","rejection":null,"topics":[]}},{"type":"petition","pe_number":"PE1864","links":{"self":"https://petitions.parliament.scot/petitions/PE1864.json"},"attributes":{"title":"Increase the ability of communities to influence planning decisions for onshore windfarms","summary":"Calling on the Scottish Parliament to urge the Scottish Government to increase the ability of communities to influence planning decisions for onshore windfarms by—\n\n- adopting English planning legislation for the determination of onshore wind farm developments;\n\n- empowering local authorities to ensure local communities are given sufficient professional help to engage in the planning process; and\n\n- appointing an independent advocate to ensure that local participants are not bullied and intimidated during public inquiries. \n","previous_action":"We have written to Jamie Greene MSP, Brian Whittle MSP and Willie Rennie MSP. We have also written to Kevin Stewart MSP in his role as Minister for Local Government, Housing and Planning.\n\nScotland Against Spin has been a member of the Directorate for Planning and Environmental Appeals (DPEA) Stakeholders’ Forum since 2013. It has been raising issues to which this Petition relates since 2019.\n","background_information":"In 2020 the UK Government announced its intention to allow onshore wind farms to compete for subsidies in the next round of Contract for Difference (CfD) auctions which would allocate market support for projects coming forward towards the middle of the decade. This news was followed by a rapid rise in the submission of onshore wind farm planning applications, particularly in Scotland where National Planning Policy is very supportive of development compared to the rest of the UK.\n\nOnshore wind development is considered, by some, to be particularly lucrative for developers, owing to lower development costs. Some areas of rural Scotland are, we believe, at saturation point with large scale industrial wind power station proposals and developments which have been built or are currently going through the planning process.\n\nIn Scotland, wind energy schemes with generating capacity of 50MW or less are determined by Local Planning Authorities (LPA). Local Community Councils are statutory consultees for such planning applications. A refusal of planning permission regularly leads to an appeal by the developer. That appeal, delegated to the Directorate for Planning and Environmental Appeals (DPEA) by Scottish Ministers is often very costly to the LPA, particularly if a Reporter decides that an appeal should be determined by means of a Hearing or Public Inquiry.\n\nLarger wind farms exceeding 50MW are determined at the outset by Scottish Ministers under the Electricity Act 1989, section 36 (s.36) rather than by the LPA. However, the LPA remains a statutory consultee for each s.36 planning application submitted to the Scottish Government’s Energy Consents & Deployment Unit. Should an LPA formally object to a s.36 application, a Public Inquiry is automatically triggered. This results in significant expense to the LPA, in order for them to defend their objections. In the majority of cases, the objections of these LPAs and the Community Councils are overruled by the Scottish Ministers, acting on Reporters’ recommendations.\n\nIn contrast, wind energy schemes in England are determined by the LPA, irrespective of size. LPAs are directed to only grant planning permission if:\n\n- the development site is in an area identified as suitable for wind energy development in a local or neighbourhood plan; and\n\n- following consultation, it can be demonstrated that the planning impacts identified by affected local communities have been satisfactorily addressed and therefore the proposal has community backing.\n\nWhether a proposal has the backing of the affected local community is “a planning judgement for the local planning authority.”\n\nIf an LPA rejects a planning application, then a developer has a right to appeal to the Secretary of State via the Planning Inspectorate.\n\nThis difference in legislation makes it significantly more difficult to obtain planning permission in England, and has led to an influx of developers seeking sites in Scotland, because they believe that the Scottish Government will overrule local decision making and grant consent for planning applications for onshore windfarms.\n\nThis has resulted in Scottish rural communities facing multiple applications simultaneously or consecutively. They are left simply overwhelmed and unable to manage, either in terms of the manpower required to scrutinise large technical documents and/or to fundraise in order to employ professional help. In turn, this leaves them particularly disadvantaged in a Public Inquiry situation where they face teams of professionals and the applicant’s consultants, who are well able to present windfarm applications in their most favourable light, and at the same time seek to marginalise the evidence from public witnesses.\n\nLive streaming and archived video footage of Inquiries visible on the DPEA website, has resulted in prospective public and lay participants witnessing what they perceive to be personal and vicious attacks on local objectors by experienced lawyers employing aggressive cross examination techniques. Whilst such techniques might be suitable in a criminal court setting, in those circumstances, the witness would have the protection of counsel or intervention by a judge if there was irrelevant and intimidating questioning. No such protection is provided for a public witness at a planning Public Inquiry; it is seen as a ‘no holds barred’ arena for the appellant’s legal team. Many bona-fide people, giving of their best in the local interest feel they cannot cope with the psychological or financial strain of becoming involved in such a combative and unequal process. It seems to us that the appellant’s legal team frequently seeks to discredit a public witness on a personal basis and, as a consequence, their opinions and evidence before the Inquiry are diminished and ignored. Some Community Councils and members of the public will simply withdraw their representation.\n\nWe believe that this is a one-sided process which acts as a barrier to effective public engagement in the planning process; the opposite result to that which the Scottish Government is seeking to achieve.\n\nWe believe that the adoption of planning legislation such as that in England where there is strict adherence to local development plans which have previously been the subject of public consultation, would direct developers to suitable sites where there is less likelihood of objection from local planning authorities and communities. Any community which had not had its concerns fully addressed could be confident that proposals would be justifiably refused and an appeal would be unlikely. This would encourage developers to have longer, more meaningful consultation with local communities before finalised plans are submitted. At present, the required community engagement exercise in Scotland seems to be largely a one-way consultation which we believe is regarded by many developers as simply a ‘tick box’ exercise. All parties would benefit as only plans likely to succeed and gain consent would progress to being formally submitted to LPAs.\n\nWe call on the Scottish Government to bring planning legislation for the determination of wind farm developments in line with that of England. We also call on the Scottish Government to find a way to restore “equality of arms” in the planning process by equipping LPA’s to give positive assistance in the form of professional help to local communities, and to appoint someone to act as an independent advocate or adviser in public inquiries to ensure that local participants are not bullied and intimidated, and that their voices are heard.\n","petitioner":"Aileen Jackson  on behalf of Scotland Against Spin","status":"under_consideration","signature_count":0,"created_at":"2021-03-24T11:57:00.000Z","updated_at":"2021-05-12T16:06:43.571Z","rejected_at":null,"opened_at":"2021-03-24T12:20:00.000Z","under_consideration_at":"2021-03-24T12:20:00.000Z","closed_at":null,"archived_at":null,"submitted_on_paper":false,"submitted_on":null,"creator_name":"Aileen Jackson  on behalf of Scotland Against Spin","rejection":null,"topics":[]}},{"type":"petition","pe_number":"PE1863","links":{"self":"https://petitions.parliament.scot/petitions/PE1863.json"},"attributes":{"title":"Mandatory annual cancer blood test from the age of 55","summary":"Calling on the Scottish Parliament to urge the Scottish Government to provide mandatory annual blood tests from the age of 55 to detect cancer.\n","previous_action":"I have contacted Alasdair Allan MSP and Angus McNeil MP.\n","background_information":"Every year people get contacted to book in for a flu vaccination. I believe we need a similar system for people to get blood tests for detecting cancer.\n\nThis could enable people to have a better chance of treatment and a better quality of life. It would also save the NHS millions of pounds a year.\n\nDuring the last year and half of the pandemic there has been a lack of testing for cancer. Yearly tests give people the best chance to detect cancer early resulting in a better chance of cure or treatment that can prolong life.\n\nThere are 2.5 million people in the UK living with cancer. The treatment alone is costing millions. With blood tests in place this could save money as if detected early the treatment process would be massively reduced and place less constraint on the NHS and staff.\n\nThe number of people in UK living with cancer grows 3% every year. In Scotland alone last year roughly 260,000 people were living with cancer. The number of people in the last five years over the age of 65 living with cancer has grown 23%. Over 360,000 people in UK are diagnosed with cancer every year.\n\nTreatments on the NHS for alcoholism and drug addiction costs millions a year and that is a life choice. Cancer is not a life choice and I believe people should have the right to get blood tests for this once a year as routine.\n","petitioner":"Michael Campbell","status":"under_consideration","signature_count":624,"created_at":"2021-03-16T14:39:00.000Z","updated_at":"2021-05-12T15:58:04.492Z","rejected_at":null,"opened_at":"2021-03-19T10:30:00.000Z","under_consideration_at":"2021-03-24T00:00:00.000Z","closed_at":null,"archived_at":null,"submitted_on_paper":false,"submitted_on":null,"creator_name":"Michael Campbell","rejection":null,"topics":[]}},{"type":"petition","pe_number":"PE1862","links":{"self":"https://petitions.parliament.scot/petitions/PE1862.json"},"attributes":{"title":"Introduce community representation on boards of public organisations delivering lifeline services to island communities","summary":"Calling on the Scottish Parliament to urge the Scottish Government to introduce community representation on boards of public organisations delivering lifeline services to island communities, in keeping with the Islands (Scotland) Act 2018.\n","previous_action":"Raised issue with the MSPs Beatrice Wishart, Liam McArthur and Alasdair Allan.\n","background_information":"One of the strategic objectives of the National Islands Plan is designed to empower island communities and strong local partnerships.\n\nWe believe that public organisations delivering lifeline services to island communities, such as the Highlands and Islands Airport Ltd (HIAL), should have representation from those communities on their boards. We also believe that this is in line with the National Islands Plan.\n\nWe believe this change will empower our communities based on a cohesive, place-based and holistic approach to policy. It will build economic, social and environmental considerations in an integrated approach to strategy for the infrastructure and services that support our lifeline services. We believe that local knowledge should be viewed as an essential skill for the Boards of organisations accountable to the Scottish Government. Such knowledge would bring an appreciation and understanding of local community needs relevant to the service which is being delivered. In particular, we believe that local knowledge will bring insight to boards into economic and infrastructure development, local investment and planning, employment, housing, education and health and social care and how these relate to the service the public organisation provides.\n\nThis petition comes in the spirit of delivering active change as the communities have overseen community ownership transfers such that much of our land ownership and decision-making is now made in the islands and Caithness by communities themselves. We make this petition in the same belief that our communities should have ownership, through our place on boards, appointed on merit, over assets which are there to serve us. We want to create more local resilience in our communities through the decentralisation of strategic planning and decision-making.\n\nHIAL is one example where this change could be applied. Its board meets regularly to provide strategic direction for the Company and is responsible for the determination of the company's strategic plan and direction. In particular, the board reviews safety, security, risk management, corporate governance, operational matters, financial management, business and commercial strategy, route development, pay, pensions and human resources.\n\nIt is the role of the HIAL board to challenge the senior management team on its strategy for the business and to provide guidance and support on aviation and non-aviation issues. The board is entrusted to provide leadership, direction, support and guidance to ensure that HIAL delivers and is committed to delivering its functions effectively and efficiently and in accordance with the aims, policies and priorities of the Scottish Ministers. The board is also responsible for appointing, with the approval of the Scottish Ministers, the Managing Director.\n\nMajor policy decisions are made at board level, drawing on information provided by the management team, the Scottish Government and other appropriate sources. There is, however, currently no specific requirement to draw on information from the Councils or communities that the decisions potentially affect.\n\nUsing HIAL as an example, we have set out how our petition aims could be achieved to increase community participation—\n\n1. Reserving a place on the selection panel for the Chair of HIAL, for either the chair (or substitute) of the HITRANS or ZetTrans boards, and include island local authorities in the selection process;\n\n2. Assigning three of the seats on the HIAL board to people who live in the communities served by the HIAL airports (we suggest a preference for island residents, on the grounds of air services being lifeline to islands, but commercially desirable for mainland areas); \n\n3. One of these seats should be retained for a co-opted member from the HITRANS/ZetTrans Board. It is noted that this member while sitting on the HIAL Board would act only in the best interests of the HIAL ‘company’; and/or\n\n4. At least one Council allocated a place on the board, from either Western Isles Council, Orkney Islands Council or Shetlands Islands Council. Local authorities should not, however, be excluded from other appointments or limited to involvement just with these appointments, and again while sitting on the HIAL Board the member would act only in the best interests of HIAL, as is the case with members of NHS Boards drawn from local authorities.\n\nWe believe that this approach is in keeping with the principles of public appointments, namely appointed on merit, and committed to diversity and equality, with a board that is representative of the community that the organisation seeks to provide services for.\n\nWe believe that by having community and island representation on this, and other, boards will increase accountability and participation. This is consistent with principles of accountability, inclusion and community empowerment, and a more human rights-based approach. This would create ownership, monitoring and accountability, a fair and inclusive approach which is consistent with the Scottish Government’s Purpose and National Outcomes.\n","petitioner":"Rona MacKay, Angus Campbell & Naomi Bremner on behalf of Uist Economic Task Force","status":"under_consideration","signature_count":466,"created_at":"2021-02-25T23:41:00.000Z","updated_at":"2021-05-12T16:00:03.901Z","rejected_at":null,"opened_at":"2021-03-19T10:30:00.000Z","under_consideration_at":"2021-03-24T00:00:00.000Z","closed_at":null,"archived_at":null,"submitted_on_paper":false,"submitted_on":null,"creator_name":"Rona MacKay, Angus Campbell & Naomi Bremner on behalf of Uist Economic Task Force","rejection":null,"topics":[]}},{"type":"petition","pe_number":"PE1861","links":{"self":"https://petitions.parliament.scot/petitions/PE1861.json"},"attributes":{"title":"Use teacher assessed grades to award national qualifications in 2021","summary":"Calling on the Scottish Parliament to urge the Scottish Government to use teacher assessed grades rather than exam like assessments in awarding national qualifications in 2021.\n","previous_action":"I have contacted several MSPs including the Cabinet Secretary for Education and Skills. To date, no response has been received from the Cabinet Secretary.\n","background_information":"Many children are feeling overwhelmed due to the disruption of Covid-19 and the prospect of exam-like assessments. In England, Northern Ireland and the Isle of Man, the authorities have adopted \"teacher assessed grades\" in order to make it fair for all children. I believe that Scotland should too.\n\n4,091 children and young people started treatment at Child and Adolescent Mental Health Services (CAMHS) in Scotland between October and December 2020. This is an increase of 59 (1.5%) patients from the previous quarter, and an increase of 207 (5.3%) patients from the same quarter the previous year.\n\nNearly three quarters (73.1%) of children and young people were seen within 18 weeks, compared to 60.6% for the previous quarter and 66.4% for the quarter ending December 2019. The Scottish Government standard states that 90% of children and young people should start treatment within 18 weeks of referral to CAMHS.\n\nThe statistics are contained in Public Health Scotland's latest waiting times report, which shows that 1,560 youngsters had waited 52 weeks or more for a CAHMS appointment.\n\nIn total 11,166 children and young people were waiting to be seen by the service by the end of last year. \n\nDuring a meeting of the Education and Skills Committee, Ross Greer MSP highlighted concerns of some teachers that both teachers and pupils will face an “intense” period of exam-like assessments on their return to school.\n\nI believe that the prospect of exam-like assessments is increasing the levels of mental health issues in children which, if it continues, more children in Scotland will be affected. I believe that \"teacher assessed grades\" is the best alternative due to the fact that students cannot be de-graded due to various scenarios such as bereavement etc. Teachers can judge students based on classwork, homework and their performance which children won't be at an unfair advantage due to this not being their own fault.\n\nThis will also put a stop to full content papers, despite the fact children have had a lack of time to revise due to the disruption and on a whole it would be much beneficial towards them.\n","petitioner":"Oliver Smith","status":"under_consideration","signature_count":86,"created_at":"2021-03-09T13:08:00.000Z","updated_at":"2021-05-12T15:57:21.086Z","rejected_at":null,"opened_at":"2021-03-15T14:43:00.000Z","under_consideration_at":"2021-03-24T00:00:00.000Z","closed_at":null,"archived_at":null,"submitted_on_paper":false,"submitted_on":null,"creator_name":"Oliver Smith","rejection":null,"topics":[]}},{"type":"petition","pe_number":"PE1860","links":{"self":"https://petitions.parliament.scot/petitions/PE1860.json"},"attributes":{"title":"New legislation for Prescription and Limitation Act","summary":"Calling on the Scottish Parliament to urge the Scottish Government to amend the Prescription and Limitation Act to allow retrospective claims to be made.\r\n","previous_action":"I have raised this issue with Shirley-Anne Somerville MSP and the Law Society of Scotland.\r\n","background_information":"Prescription sets time limits after which legal obligations (and associated rights) will be extinguished. Prescription and limitation are very similar, both containing time limits which courts must consider.\r\n\r\nWhere rights are thwarted for no fault of any petitioner a safety net in terms of legislation would be humane and serve justice.\r\n\r\nIn my own experience, lawyers failed to serve a writ in time and such a delay stopped my rights. Many Scots may benefit from the action being proposed in my petition, as I hope to, if new law allows.\r\n\r\nOthers may also benefit by extension of rules, especially if circumstances out of their control unjustly thwarts their rights.\r\n\r\nA good outcome for others in Scotland enduring similar deprivation to mine, is also my hope.\r\n","petitioner":"Jennifer Morrison-Holdham","status":"under_consideration","signature_count":3,"created_at":"2021-03-03T09:57:00.000Z","updated_at":"2021-05-12T15:57:07.385Z","rejected_at":null,"opened_at":"2021-03-03T14:00:00.000Z","under_consideration_at":"2021-03-24T00:00:00.000Z","closed_at":null,"archived_at":null,"submitted_on_paper":false,"submitted_on":null,"creator_name":"Jennifer Morrison-Holdham","rejection":null,"topics":[]}},{"type":"petition","pe_number":"PE1859","links":{"self":"https://petitions.parliament.scot/petitions/PE1859.json"},"attributes":{"title":"Retain falconers rights to practice upland falconry in Scotland","summary":"Calling on the Scottish Parliament to urge the Scottish Government to amend the Animals and Wildlife Act 2020 to allow mountain hares to be hunted for the purposes of falconry.\r\n","previous_action":"I have written to MSPs Murdo Fraser, Andy Wightman and Alison Johnstone.\r\n","background_information":"The heritage art of falconry has been practiced around the world for at least 4000 years and is recognised by UNESCO as an intangible cultural heritage of humanity. The wider concept of falconry has many disciplines within its scope, and these are in many ways controlled by both the species of bird of prey being flown, and the land that you have permission to fly it over.\r\n\r\nFor example, the spectacular Golden Eagle, one of only two species of eagle native to Scotland, needs extraordinarily vast, wide open spaces to be allowed to express itself and its flying style in a natural way.\r\n\r\nTo be conducive to the very high soaring flight in strong winds and among its natural home of the mountains, vast mountainous regions are where this bird can be flown at its very best. Bouncing backwards and forwards in field is really not what this species has evolved for millions of years to do.\r\n\r\nEagles are apex predators, and the result of flying them in these areas is that they will hunt their natural quarry. In the Scottish mountains, that quarry base is the mountain hare (Lepus Timidus), that has evolved side by side with eagles for millions of years. The predator will be successful in its attempt at hunting hares just frequently enough to survive, and the hare almost always evades the predator, assuring its survival and the proliferation of the species.\r\n\r\nPeople and falconers travel to Scotland from around the country and the world to witness this age-old wild dynamic play out in front of them.\r\n\r\nA captive bred Golden Eagle, enjoying the safety net of Veterinary care when illness or injury arises (that would likely lead to the death of its wild counterpart) can live to 50 years old. Many, if not most, in this country are bred, kept and trained with the ultimate aim to be flown over those high mountains each winter, and perhaps catch a mountain hare. In doing so, it fully expresses its nature and purpose and helps to keep the eagle stimulated, balanced, and ensures that it is a better contributor to captive breeding projects – It fully understands that it is an eagle and not an ornament.\r\n\r\nNew legislation comes in to force on March the 1st (with no mechanism for licensing), that makes it illegal for these birds with their falconers to continue to exhibit their natural instincts and behaviour within the reasonable framework of the law and principles of sustainable hunting as they have through time immemorial. The sustainable use of wild species is a key and proven strategy upheld by the International Union for the Conservation of Nature (IUCN) in order to promote the preservation and restoration of endangered species.\r\n\r\nThe purpose of the legislation was to prevent mass culls of tens of thousands of hares in Scotland each year on organised shoots. This petition is NOT aimed at this, rather its aim is to allow the continued practice of falconry in Scotland and her mountainous places, without risk of prosecution.\r\n\r\nIt seems unfair and unjustifiable that a piece of legislation brought into law to address a totally different issue, has the side effect of making the sustainable and legitimate branch of falconry illegal.\r\n\r\nUnaddressed, this legislation will condemn hundreds upon hundreds of trained birds of prey to enclosed aviaries for the rest of their long lives, and therefore, I believe, presents an intolerable animal welfare issue of itself which the government does not appear to have anticipated.\r\n\r\nIt will end the dreams of hundreds of falconers and rob us of our heritage and right to properly fly our birds.\r\n\r\nBusiness too will suffer. Substantial fees are paid by falconers to rent ranges to fly over, cottages to stay in, restaurants to eat in etc. \r\n\r\nFilm and production companies come to Scotland to film this wild behaviour (using trained birds of prey so wild eagles are not disturbed) for movies, documentaries and science.\r\n\r\nThe filming and broadcast of natural history documentaries showcasing the natural hunting behaviour of eagles and other birds of prey in Scotland is key to helping both a whole generation of youths and the public as a whole to value, cherish and understand nature. Additionally, such filming of eagles and other birds of prey hunting in their native habitat portrays some of Scotland’s most unique and beautiful facets and thus contributes to the promotion of the truly unique ecological heritage of Scotland to a domestic and international audience. These film makers will now have to go elsewhere and thus promote other destinations.\r\n\r\nFalconry based companies eke out an income during their lean winters by taking guests out to see this amazing spectacle. Those companies’ futures are jeopardised by the sudden and unjustified loss of income and trade.\r\n\r\nFinally, licences are to be made available to land owners to shoot the hares in a bid to protect habitat, crops and forestry. Currently, many estates do not shoot hares to ensure there is a realistic population to attract falconers trade to their doors. If falconry is to be lost as a legitimate pastime in the mountains, I believe, the hares will almost certainly be shot on many estates in far greater numbers than would be accounted for in falconry.\r\n\r\nThis petition requests an amendment to the legislation, exempting the taking of mountain hares in the practice of Falconry.\r\n","petitioner":"Barry Blyther","status":"under_consideration","signature_count":2979,"created_at":"2021-02-25T14:15:00.000Z","updated_at":"2021-05-12T15:56:53.898Z","rejected_at":null,"opened_at":"2021-02-25T11:52:00.000Z","under_consideration_at":"2021-03-24T00:00:00.000Z","closed_at":null,"archived_at":null,"submitted_on_paper":false,"submitted_on":null,"creator_name":"Barry Blyther","rejection":null,"topics":[]}},{"type":"petition","pe_number":"PE1858","links":{"self":"https://petitions.parliament.scot/petitions/PE1858.json"},"attributes":{"title":"Provide free face masks for everyone in Scotland","summary":"Calling on the Scottish Parliament to urge the Scottish Government to to provide free face masks for everyone in Scotland during the COVID-19 pandemic.\r\n","previous_action":"I have contacted Bob Doris MSP.\r\n","background_information":"As a result of the COVID-19 pandemic there are thousands of people losing their jobs who can't afford to make ends meet. They are having to choose between feeding their families or paying the electricity and gas. They cannot afford to pay for even cheap masks such as those priced at 10 for £5.\r\n\r\nThis is also an issue for the homeless. In city centres and towns these poor souls can't afford a cup of tea never mind face masks. I also know a great deal off people on benefits that can't afford face masks.\r\n\r\nAccording to scientists, disposable face masks are no longer effective after wearing for around 35 minutes, or until wet.\r\n\r\nI'm calling on the Scottish government to have a bit off empathy and make these masks free. It is in the public interest to eradicate this virus. We must all play our part but this is not possible when you have to pay for a face covering.\r\n\r\nI think the Scottish Government should show the rest of the world what we can do for the poorest in society. Please make these masks free for everyone in Scotland. This will stop the spread of this fatal virus.\r\n","petitioner":"Alex Wallace","status":"under_consideration","signature_count":26,"created_at":"2021-02-18T08:57:00.000Z","updated_at":"2021-05-12T15:56:39.812Z","rejected_at":null,"opened_at":"2021-02-18T14:15:00.000Z","under_consideration_at":"2021-03-24T00:00:00.000Z","closed_at":null,"archived_at":null,"submitted_on_paper":false,"submitted_on":null,"creator_name":"Alex Wallace","rejection":null,"topics":[]}},{"type":"petition","pe_number":"PE1857","links":{"self":"https://petitions.parliament.scot/petitions/PE1857.json"},"attributes":{"title":"Regulate the role of curator ad litem","summary":"Calling on the Scottish Parliament to urge the Scottish Government to regulate the curator ad litem and ensure historical claims of malpractice of curators ad litem in Scotland are investigated.\n","previous_action":"I have contacted George Adams MSP, Michael Mathieson MSP, Humza Yousaf, Cabinet Secretary for Justice and Clare Haughey, Minister for Mental Health. I have also contacted the Mental Welfare Commission, the Law Society (Scotland), the Scottish Legal Complaints Commission, the Scottish Courts Tribunals Service, the Crown Office and Procurator Fiscal Service, the Lord Advocate and the Police.\n","background_information":"A curator ad litem is a legal representative in Scots law, appointed to present the wishes and preferences of a person who lacks the legal capacity to make decisions.\n\nCourts have a power at common law to appoint a curator ad litem in any case where a person does not have legal capacity. The decision to determine if someone lacks legal capacity should be based on medical evidence, however, a Sheriff can decide a curator ad litem is required, which removes decision making from the person and onto said curator ad litem. This is often done without any medical assessment. Also, the judgement to assume someone has a mental health problem should not translate to the person lacking in legal capacity.\n\nIn Scotland, a curator ad litem does not need to be a solicitor, but most are. The amount of curators ad litem is unknown, by some estimations there are around twelve in Scotland.\n\nThe Convention on the Rights of Persons with Disabilities (the Convention) is intended as a human rights instrument, that all persons with all types of disabilities must enjoy all human rights and fundamental freedoms.\n\nThe UN Committee on the Rights of Persons with Disabilities (CRPD Committee) General Comment No. 1 on Article 12 (Equal recognition before the law) of the Convention includes the following statements:\n\n- Support in the exercise of legal capacity must respect the rights, will and preferences of persons with disabilities and should never amount to substitute decision‐making. (para. 17)\n\n- States parties must review the laws allowing for guardianship and trusteeship, and take action to develop laws and policies to replace regimes of substitute decision‐making by supported decision‐making, which respects the person's autonomy, will and preferences. (para. 26)\n\n- The denial of the legal capacity of persons with disabilities and their detention in institutions against their will, either without their consent or with the consent of a substitute decision‐maker… constitutes arbitrary deprivation of liberty and violates articles 12 and 14 of the Convention. (para. 40)\n\nThe CRPD Committee's position is that Article 12 of the Convention entails that all persons, regardless of their decision‐making capabilities, must enjoy “legal capacity” on an “equal basis with others”. Legal capacity involves the right to be recognised as a person before the law, as well as the right to legal agency, that is, to have one's decisions – for example, concerning health or social care, where and how to live, finances – legally recognised. “Legal capacity” is considered fundamental to personhood, equal human dignity, and full citizenship.\n\nThe CRPD Committee's interpretation states that “legal capacity” and “mental capacity” are distinct: the former is a legal concept, the latter a psychological one. Contrary to the virtually universal provisions in mental health law and capacity‐based law, they maintain that the existence of a disability (based on a physical, mental, sensory or psychosocial impairment) must never be grounds for denying legal capacity and the imposition of “substitute decision‐making” – that is, a decision made by another person in the place of the person with a disability (not appointed by the person, done against his or her will, and not based on his or her own “will and preferences”) for example, appointing a curator ad litem.\n\nThe CRPD Committee insists that the preservation of “legal capacity” means that we “must respect the rights, will and preferences of persons with disabilities”. With the appropriate support (strictly speaking for the exercise of “legal capacity”, and that the State is obligated to provide), people with disabilities will be able to express their “will and preferences”. Where a person has difficulty in communicating this directly, they state that one should achieve a “best interpretation” of the person's “will and preferences”, involving those who know the person.\n\nAn important background factor in the emphasis on legal capacity in the Convention is the widespread abuse of the rights of persons with disabilities. In many places this has amounted to a loss of nearly all civil rights, sometimes termed a “civil death”.\n\nAlthough there are clearly some excellent practices from curators ad litem in Scotland, there are claims that some are not representing the wills and preferences of the person which breaches, and removes the fundamental human rights the Convention tries to uphold of legal capacity.\n\nThere are some claims that curators ad litem are ignoring the fact that people already have legal capacity. With some claims they are removing legal capacity by taking on the role of substituted decision maker on the behalf of a person when they do not have the consent of the person or have an established legal contract agreed with the person. These alleged actions of some curators ad litem is undermining the virtue of the Scottish Courts and Tribunals Service and wider judiciary within Scotland.\n\nThere is a culture of some curators ad litem referring to themselves as “officers of the court”. This practice is deliberately misleading. If the role of the curator ad litem is to put forward the will and preferences of the ward (person), how can they be an officer of the court – there would be a conflict of interest.\n\nThere is a culture of some curators ad litem referring themselves as an officer of the court to third parties such as social work, health services and financial institutes. It is also claimed there are some that access personal information while assuming substituted decision making under the pretence of being an officer of the court.\n\nBoth the Law Society of Scotland and the Judicial Office have explained that a curator ad litem is not an officer of the court. Part of their explanation was due to the conflict of interest (hence the need for regulation), and secondly, they are not employed (on the payroll) through any judicial office.\n\nThere is no regulation of the curator ad litem role – no organisation oversees the profession. As there have been claims that some curators ad litem are adopting substituted decision making without regard for legal capacity, then it is quite concerning that there is no regulatory oversight. This why we need action from the Scottish Government.\n\nThe Scottish Courts and Tribunals Service, the Mental Welfare Commission, the Law Society Scotland, the Scottish Legal complaints Commission, the Lord Advocate and the Police have all stated they do not have any resource/responsibility to investigate claims of malpractice of the curator ad litem role.\n\nEven the Justice Minister has stated he doesn’t know who regulates the role of curator ad litem.\n\nAs it involves vulnerable people how can such a position not be regulated?\n\nIt is also essential that any new regulatory body must investigate historical claims of malpractice of curators ad litem. \n","petitioner":"Stephen Leighton","status":"under_consideration","signature_count":0,"created_at":"2021-01-23T10:30:00.000Z","updated_at":"2021-05-12T15:56:27.382Z","rejected_at":null,"opened_at":"2021-02-18T14:15:00.000Z","under_consideration_at":"2021-02-18T14:15:00.000Z","closed_at":null,"archived_at":null,"submitted_on_paper":false,"submitted_on":null,"creator_name":"Stephen Leighton","rejection":null,"topics":[]}},{"type":"petition","pe_number":"PE1856","links":{"self":"https://petitions.parliament.scot/petitions/PE1856.json"},"attributes":{"title":"Support the taxi trade","summary":"Calling on the Scottish Parliament to urge the Scottish Government to protect the future of the taxi trade by:\n\n* providing financial support to taxi drivers; \n\n* setting up a national stakeholder group with trade union driver representatives; \n\n* reviewing low emission standards and implementation dates \n","previous_action":"We have been in contact with MSPs to press for support and raised these issues in discussions with Scottish Ministers and Government officials. Questions have also been asked in the chamber.\n","background_information":"An online survey of taxi drivers has revealed the devastating impact on the trade with many harrowing stories from drivers who are struggling to financially survive. Many drivers are regularly working 16-17-hour days with a shift being determined as having been ‘good’ if £50 is cleared.\n\nUnite Scotland has highlighted ‘loopholes’ in a number of Scottish Government schemes which have led to drivers being unable to access financial support.\n\nThe Unite Scotland survey shows that 30% of drivers have been unable to access any financial help from government support schemes. For those that have been able to access financial help from government:\n\n37% report that it represents less than 25% of their average earnings; \n\n18% report that it represents between 25% - 50% of their average earnings; \n\n20% report that it represents between 50% - 75% of their average earnings; \n\n25% report that it represents over 75% of average earnings.\n\nThe COVID19 crisis continues to have a devastating effect on the cab and taxi trade. Our members are reporting a 90% reduction in income. This is unsustainable and means that many owners and drivers are unable to cover their costs, let alone make a living to support themselves and their families.\n\nWe feel our members are the forgotten spoke in our public transport wheel, too many of our members are excluded from the government help available. This is leading to savings being exhausted, families forced in to poverty, bankruptcy and a mental health emergency. In our opinion, promises have been made to the trade that have been broken. The Scottish Government must act now. We are asking parliamentarians to support taxi drivers across Scotland and to deliver financial support to save the trade.\n\nOur members demand:\n\n* Access to business support, grants and loans; \n\n* Additional funding for operators and drivers;\n\n* A national stakeholder group to be set up to safeguard the future of the trade with trade union driver representatives involved as a key stakeholder; \n\n* A review of Low Emission standards and implementation dates to give the trade additional time to adjust to Environmental targets.\n\nUnite Scotland is asking the Scottish Government to adopt targeted schemes similar to those in Northern Ireland and Wales to support the taxi trade.\n","petitioner":"Pat Rafferty on behalf of Unite","status":"under_consideration","signature_count":2521,"created_at":"2021-01-13T11:55:00.000Z","updated_at":"2021-05-12T15:56:12.727Z","rejected_at":null,"opened_at":"2021-02-18T14:00:00.000Z","under_consideration_at":"2021-03-24T00:00:00.000Z","closed_at":null,"archived_at":null,"submitted_on_paper":false,"submitted_on":null,"creator_name":"Pat Rafferty on behalf of Unite","rejection":null,"topics":[]}},{"type":"petition","pe_number":"PE1855","links":{"self":"https://petitions.parliament.scot/petitions/PE1855.json"},"attributes":{"title":"Pardon and memorialise those convicted under the Witchcraft Act 1563","summary":"Calling on the Scottish Parliament to urge the Scottish Government to pardon, apologise and create a national monument to memorialise those people in Scotland accused and convicted as witches under the Witchcraft Act 1563.\n","previous_action":"I have contacted local MSPs Joe Fitzpatrick and Jenny Marra. \n","background_information":"I launched the Witches of Scotland Campaign on International Women’s Day 2020. The campaign has 3 aims: to obtain a pardon for those convicted as witches under the Witchcraft Act 1563, to obtain an apology for all those accused and to obtain a national memorial to remember those killed as witches. Since March 2020, Zoe Venditozzi and I have been raising the profile of the campaign by our podcast which can be found on the website [www.witchesofscotland.com](https://www.witchesofscotland.com) which was set to support the campaign.\n\nWhen standing in Princes Street Garden one day I reflected on the fact that there was no female visibility in the public space; no statutes to named women recording things that they had done. I then looked at the Nor Loch, which sits below the castle esplanade where 300 or so people were killed as witches. \n\nNot only is history not properly recording what positive things women do, but their history is also erased by not properly recording their story. I have a particular interest in Scottish legal history and the people who were caught up in accusations of witchcraft so I decided to start a campaign to restore these people, mostly women, to their correct place in history as women and men, not witches.\n\nBetween 1563 and 1736, the years when the Witchcraft Act was law, there were 4 relatively defined periods of “satanic panic” which resulted in approximately just shy of 4000 people being accused as witches. As with elsewhere in Europe, the vast majority of those accused, some 85%, were women. Confession to allegations of witchcraft were routinely obtained by torture, both physical and mental. The stripping and pricking of women was common, as was sleep deprivation. Most confessed and that was used as the basis for their conviction. Of all of those 4000, academics estimate that approximately 2500 were executed. The method of execution was by way of strangulation and then burning at the stake. In comparison to elsewhere in Europe, where witch trials also took place, Scotland had approximately 5 times the number of cases than elsewhere in Europe during this time. Alas, at finding and killing witches, we excelled.\n\nThe reason for each of the aims is separate but interrelated. Firstly, the aim of getting a pardon is to right, in so far as is now possible, the terrible miscarriage of justice that was suffered by the people who were convicted and executed as witches. It is universally accepted that such allegations and subsequent convictions ought not to have happened. We cannot overturn the convictions, but we can restore these people to history to remember them as people who were so wrongly dealt with by our criminal justice system, and not as witches.\n\nSecondly, the aim of getting an apology is to obtain a public statement of regret for all those who were accused, including those who were not convicted. A pardon can only be granted to those who were convicted, but many had their lives irrevocably damaged by the allegation of witchcraft. Scotland’s most famous accused woman, Lilias Adie was accused of witchcraft and died a month into her remand in custody, most likely having suffered greatly by torture in order to try and obtain a confession. She, and many others deserve acknowledgement and apology.\n\nThe third aim is to obtain a national memorial to all those affected by the witchcraft trials; throughout Scotland there are local memorials, raised by people in their area to memorialise women remembered by them. I believe that it is appropriate for a national memorial to be built to remember the history of all the people who were affected and to serve as proper reflection of the story of women and men in Scotland.\n\nIn passing the [Historical Sexual Offences (Pardons and Disregards) Act 2018](https://www.legislation.gov.uk/asp/2018/14/contents/enacted), the Scottish Parliament set a precedent for righting historic wrongs and for pardoning those who were convicted of offences, including when those affected were no longer with us, to benefit personally from the pardon. This petition has the same desires.\n\nRecently, the Scottish Parliament stated its intention to pardon miners convicted during the 1984 miners strike. The Justice Minister made it clear that the pardon was to affect not only the living, but those who had died suffering a miscarriage of justice – and the aim of that pardon is to issue a collective and posthumous pardon. Again, the same is sought for those convicted as witches.\n\nThe only (muted) criticism which has met the campaign is that what happened to those convicted as witches happened a long time ago, and that there is no need to pardon them or to memorialise them now. We do not think these criticisms bear any great weight. History still records these people as convicted witches – justice demands that this is put right. History should properly reflect what these people were – innocent, vulnerable people, caught up in time where allegations of witchcraft were widespread and deadly. Further, as the Black Lives Matter campaign has shown in particular the response to the removal of statutes, people passionately care that their history is properly recorded and they are properly represented in the world.\n\nAcademics have explained that the almost universal rationale for accusations of witchcraft having been and continue to be made against women in particular, is that women, as the weaker sex, would be more susceptible to the devil’s charms. The underlying rationale that women were inferior to men. Alas, women in Scotland and worldwide are still discriminated against – we have not yet achieved parity in many ways including the workplace, in wages etc. Misogyny remains an ever-present issue for women worldwide. Righting this wrong by pardoning and memorialising these women and men would be a mark against such views. As for the view that money could well be spent elsewhere, we do not think that the cost of an apology is significant; the work done in relation to previous pardons provide an immediately transferable template with which to legislate this pardon. Whilst a memorial may be of some cost it is in the most worthwhile cause, to record the history of Scotland’s women and men.\n\nOther countries have, over the years pardoned and/or memorialised those who were convicted of witchcraft, the following list not being an exhaustive one: Salem – who had a total of 19 convictions and executions (15 women, 4 men) have pardoned all those convicted and have a memorial garden which has a bench dedicated to each person who was killed). Norway has the beautiful and haunting large scale memorial in Finmark, which memorialises the 91 people killed as witches there. Germany has a significant number of memorials throughout the country.\n\nThe support for the campaign has been significant both at local and at international level. The Witches of Scotland campaign has engaged with groups who have obtained memorials, such as the Witches Trail in Culross. We have engaged in public discussion with the Edinburgh Civic Trust. Through the Witches of Scotland podcast we have reached thousands of people who have listened to the views of academics, writers (notably Sara Sheridan whose book “Where are the Women” inspired that same question in Princes Street Garden), artists who seek to memorialise women killed as witches, filmmakers who want to record the stories of women killed as witches, authors who have highlighted the need for memorialisation. The campaign has generated responses from artists and musicians who have begun their own memorialisation projects. We have significant support from the public online who have commented, shared, liked and listened to our campaign many thousands of times over.\n\nWe believe a pardon, apology and memorial are necessary as a reckoning for all those who suffered this terrible miscarriage of justice, and in this belief, we are supported by many.\n","petitioner":"Claire Mitchell QC","status":"under_consideration","signature_count":3414,"created_at":"2021-01-14T18:40:00.000Z","updated_at":"2021-05-12T15:55:52.048Z","rejected_at":null,"opened_at":"2021-02-03T10:30:00.000Z","under_consideration_at":"2021-03-17T00:00:00.000Z","closed_at":null,"archived_at":null,"submitted_on_paper":false,"submitted_on":null,"creator_name":"Claire Mitchell QC","rejection":null,"topics":[]}}]}