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The Planning and Environmental Appeals Division (DPEA) arrange hearings and public local inquiries for certain planning appeals, called in planning applications and other non appeal type casework. The vast majority of DPEA work is carried out by, or through, written representations.

During Phase 2, Hearings and Public Local Inquiries cannot take place in an oral form where parties are present and oral sessions have taken place via audio and video conference. During Covid-19 restrictions, the DPEA and appointed Reporters have, as far as possible, and in discussion with parties involved in each case, shown flexibility and innovation when devising new ways of working to allow work to progress.

The precise arrangements applicable to alternatives to face to face oral sessions will be dependent on the subject matter, size and nature of proceedings and DPEA and Ministers overarching obligation to secure a fair hearing. Whatever the process for any appeal or case type, core principles of fairness and robust decision making will be at the heart of it.

DPEA has published guidance on how planning appeals and other casework will be handled during the current coronavirus outbreak, including detailed procedures surrounding inquiries taking place virtually and this can be viewed at the following link : https://www.gov.scot/publications/planning-appeals-reporters-guidance/.

This guidance is based on guidance contained within Coronavirus (COVID-19): framework for decision making - Scotland's route map and the Chief Planners letter of 29 May which can be found at https://www.gov.scot/publications/coronavirus-covid-19---planning-procedures---chief-planner-letter-may-2020/

The Planning and Environmental Appeals Division (DPEA) arrange hearings and public local inquiries for certain planning appeals, called in planning applications and other non appeal type casework. During Phase 2, Hearings and Public Local Inquiries will not take place in oral form where parties are present. During this phase oral sessions such as these will be organised to take place by either written representations or a virtual meeting/inquiry (or combination of both).

The Scottish Government published the Coronavirus (COVID-19): Scotland's Route Map through and out of the crisis on 21 May 2020, which sets out the criteria to be met for progressing through the route map phases. The “route map" allows a working indoor meeting, such as a planning inquiry, to occur, so long as the protective measures relevant to Phase 3 are applied. In this light face-to-face public inquiries can therefore, in principle, resume in phase 3, subject to the advised health protection measures being in place

DPEA has published guidance on how planning appeals and other casework will be handled during the current coronavirus outbreak and this can be viewed at the following link: https://www.gov.scot/publications/planning-appeals-reporters-guidance/. Work by DPEA is continuing in terms of the detailed processes for face to face hearings and inquiries and DPEA will publish a further update to their website in this respect as Phase 3 approaches.

Some of the approaches considered may include DPEA working with venues to ensure that layout, signage and floor markings are adequate for physical distancing during any hearing or inquiry. The DPEA will also consider, with the venue, the availability of suitable hand washing and other appropriate hygiene measures. DPEA will work with participating parties by discussing, in advance of any hearing or inquiry, the specific detail of health protection measures required including, but not limited to, the wearing of face coverings and travel to the venue.

The Scottish Government has received advice regarding school activities, including choirs and contact sports. The COVID-19 Advisory Sub-Group on Education and Children’s Issues are currently finalising their advice on physical distancing in schools ahead of it being published.

Toxicological analysis is required in the case of fatalities where the cause of death is not immediately clear, and when that analysis is required by the pathologist for preparation of the final post mortem report.

The University of Glasgow (GU) under contract with the Crown Office and Procurator Fiscal Service (COPFS), currently provides most of the toxicology services in Scotland, with the exception of deaths that are reported to the Procurator Fiscal from Grampian, Highland and Islands where there are other providers.

Since early 2019, there has been delay in the provision of toxicology reports by the University. COPFS has undertaken a number of steps with the University to resolve this issue, including additional investment in the contract. These measures led to significant improvement in the weekly output of toxicology reports by the University.

Working restrictions brought in as a response to the Coronavirus outbreak have set back the progress made to recover the backlog in reporting of GU cases. COPFS has remained in close consultation with the University as they review and develop working practices for their toxicology department to be able to work safely.

Table A indicates the numbers of sudden, unexpected and unexplained deaths reported per month to the Procurator Fiscal from 1 January to 31 May 2020. Included within this table (at Row (ii)) is the number of deaths where the Procurator Fiscal instructed that a post mortem examination be held.

Row (iii) indicates from the number of post mortem examinations held (in row (ii)), those where the Procurator Fiscal instructed a toxicology report from the University of Glasgow.

Row (iv) indicates from the numbers of post mortem examinations held (in row ii)) those where the death occurred within Grampian, Highland and Islands and where from information held centrally by COPFS it is known that toxicology was instructed.

Table A *:

The Scottish Funding Council has estimated that in research subjects where access to labs or equipment is required, such as general medicine, research activity during lockdown was at roughly at 20-30% of normal levels. The Scottish Government is expecting this to be improving now that non-essential research activities on campus have restarted as part of Phase 2 of the COVID-19 route map. The Scottish Government does not hold any other information on the impact of the COVID-19 pandemic on current cancer or other medical research projects at Scottish universities.

All dental practices in Scotland are entitled to financial support in some form as part of the public response to the COVID-19 outbreak. NHS dental contractors qualify for the NHS financial support measures announced by the Chief Dental Officer on 30 March during the lockdown period. These financial support measures have remained in place during the initial phase 2 of the reopening of dental practices to see patients in need of urgent dental care. We are also working with the profession on ensuring that as we progress through the remobilisation plan for NHS dentistry we have satisfactory financial support measures in place for each phase of recovery.

Private dental practices are entitled to access Scottish and UK Government funding available to support businesses in the private sector. Where a practice carries out a mixture of NHS and private work, receipt of NHS financial support is not a bar to receiving support under those other schemes more appropriately aligned with private dentistry.

We are in discussions and preparing guidance with sport scotland, Community Leisure Scotland, the Scottish Leisure Networking Group, Local Authorities, Leisure Trusts, Hospitality Sector, Trade Unions, Scottish Governing Bodies of Sport and other partners in the sporting system to assist us in understanding the needs of facility operators in the sector whilst adhering to social distancing and hygiene measures and where additional guidance will be required for indoor sports facilities to open safely, no earlier than 23 July.

The latest guidance on the return to school for those shielding is provided within the re-opening of schools guide, which is available from https://www.gov.scot/publications/coronavirus-covid-19
-re-opening-schools-guide/ . This provides a range of guidance in relation to the circumstances where pupils themselves are shielding, or are living with someone who is shielding.

In my statement to Parliament on 23 June, I stated that our central planning assumption should now be to prepare for nearly all pupils to return full-time in August. I recognise that there may continue to be exceptions, including those who have prior health concerns, and this would be in line with the position outlined in the guidance above.

For those children and young people, we may need to retain blended learning as an option if there is a risk to their health.

The First Minister has also committed to provide further advice to those who are shielding before the end of July. Our ambition is to move away from the current position of blanket guidance for all shielding people to much more tailored advice about risk and how to mitigate it.

We have recently established a sub-group to our COVID-19 Advisory Group that specialises on education and children’s issues. The group will provide advice to support and inform the development of operational guidance for providers of learning, childcare and children’s service. As part of a range of work addressing health and safety issues, the sub-group will look at the evidence for face coverings and other protective barrier mechanisms such as visors, both in school and on school transport.

Guidance on this will be published in full in advance of schools reopening.

We have recently established a sub-group to our COVID-19 Advisory Group that specialises on education and children’s issues. The group will provide advice to support and inform the development of operational guidance for providers of learning, childcare and children’s service. As part of a range of work addressing health and safety issues, the sub-group will look at the evidence for face coverings and other protective barrier mechanisms such as visors, both in school and on school transport.

Guidance on this will be published in full in advance of schools reopening.