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This information is not held centrally by the Scottish Government.

Skills Development Scotland collects information on disability as part of the initial registration of a Modern Apprentice. Disclosure of disability is self- declared by Modern Apprentices through their response to a disability monitoring question which asks if individuals have impairment, health condition or learning difficulty. This is aligned to the question wording recommended by the Equality Challenge Unit (ECU) after extensive consultation with disability partners, modern apprentices, training providers and employers.

Skills Development Scotland also asks the question: ‘Do you have a social/communication impairment such as a speech and language impairment or Asperger’s syndrome/other autistic spectrum disorder, or cognitive impairment, which would include individuals with learning disability.

In 2016-2017 the number of Modern Apprentices self-declaring a learning disability was 92, which is 0.4% of the total Modern Apprenticeship starts for that year.

In addition 1,098 of the 2016-17 Modern Apprenticeship starts self-declared a learning difficulty such as dyslexia, dyspraxia or ADHD which is 4.3% of the total Modern Apprenticeship starts for that year.

Skills Development Scotland will publish 2017-18 Modern Apprenticeship Quarter 4 Statistics in June 2018.

The Scottish Government has committed to seek to reduce by at least half the employment gap between those with disabilities and those without. Helping more people with learning disabilities into work will be key to achieving this ambition.

Since the publication of in December 2016, we have taken action to support more people with learning disabilities into work. This includes:

• improved MA funding for disabled people;
• a successful media campaign aimed at SMEs promoting the employment of disabled people, including promoting case studies (including people with learning disabilities), and sign posting information, support and advice for employers, which ran during the summer of 2017;
• implementing the transitional devolved employment service Work First Scotland and, from April this year, Fair Start Scotland – disabled people are priority group for access to these services, and
• delivering a disability internship programme together with Inclusion Scotland.

We have also committed to developing a Learning Disability Employment Programme. Skills, training and employability will be key themes in the next phase of The keys to Life strategy.

We recognise that we need to build on this work and since last Autumn we have engaged with key stakeholders, including disabled people to hear their views on further action Government can take. On 30 April, the Scottish Government will hold a major congress on disability, employment and the workplace where we will set out our findings and future plans.

The Scottish Commission for Learning Disability is a key partner in this work. Scottish Government officials are working with them as part of a short life task group on employment and they are supporting the development of the programme for congress.

I have asked Colin McConnell, Chief Executive of the Scottish Prison Service (SPS), to respond. His response is as follows:

SPS does not routinely screen prisoners for learning difficulties or disabilities (LDD).

As SPS fully recognises that LDD is a significant issue amongst the prisoner population, it is developing and piloting an assessment tool supported by specialist partners to determine the best care pathways for individuals within SPS care who require additional forms of support. It is anticipated this work will be completed by July 2018.

Thereafter, SPS will evaluate the outcomes from the pilots and work towards the implementation of a standard assessment approach across the prison estate.

Information on length of court orders that are applied to people with learning disabilities is not held centrally.

Scottish Courts and Tribunals Services are unable to differentiate between people with or without learning disabilities.

The Scottish Government is committed to ensuring a fair and effective justice system that is accessible to all. We recognise that people with learning disabilities may require additional support to enable them to secure that access.

There are a number of specific measures in place to support vulnerable people, including people with learning disabilities, to access the justice system.

This includes the provision of Appropriate Adults who facilitate communication between the police and vulnerable adult victims, witnesses and suspects - including those with communication difficulties arising from a learning disability. We are currently working with stakeholders to develop a model for delivery of these services across Scotland on a statutory footing.

The Victims and Witnesses (Scotland) Act 2014 requires the main justice agencies to have regard to certain principles when carrying out any statutory functions. These principles include ensuring that victims and witnesses have access to appropriate support and, so far as is appropriate, they are able to participate in investigations and proceedings. Provisions in the Act also require that relevant authorities take appropriate measures to ensure that victims can understand the information given to them and be understood.

We recognise that some witnesses may find it difficult to give evidence in court. They may be particularly vulnerable because of their circumstances, for example, due to a learning disability, or the nature of their evidence. Where it is considered that someone may be vulnerable, an application can be made to the court for special measures to help them give the best evidence they can. This can include giving evidence from outwith the court room via a live TV link or having a supporter sit with them while giving evidence.

People with disabilities, including learning disabilities, are statistically more likely to experience civil justice problems. The Scottish Government has maintained wide access to publicly-funded legal assistance through Legal Aid for both criminal and civil justice matters.

In addition to the above measures, the Scottish Government currently provides grant funding for the Supporting Offenders with Learning Disabilities Network (SOLD). SOLD’s primary aim is to reduce offending and improve support. There are over 330 members of the SOLD Network from a broad range of sectors including: voluntary sector providers, Police Scotland, NHS, Social Work, academic institution, Scottish Courts, Scottish Government and procurator fiscals office. SOLD is led by a partnership between and the Association for Real Change (ARC) Scotland.

Both the Justice Board and the Justice Board’s Equality and Diversity Sub-Group works collaboratively across the justice sector to help to ensure that the justice system does not discriminate against anyone.

Disability is one of the nine protected characteristics listed in the Equality Act 2010. Public bodies have a general duty (known as the public sector equality duty) to:

• eliminate discrimination, harassment and victimisation;
• advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not; and
•  foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

The Scottish Government supplemented this general duty through the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012, which imposes specific duties on Scottish public bodies to help them to meet the general duty. The Scottish Government reports on these specific duties, biannually, in the Equality Outcomes and Mainstreaming Reports. In addition Scottish Ministers have published their ‘proposals to enable the better performance of the public sector equality duty 2013-2017’ and the ‘Making Progress report’.

Scotland’s Learning Disability Strategy, the ‘Keys to Life’ was published in 2013. This is a ten year strategy which embraces a human rights approach and includes a strong focus on reducing inequalities for people with learning disabilities. To help to achieve transformational change in attitudes, behaviours and experiences for people with learning disabilities in Scotland, the Keys to Life will now be closely aligned with the ‘Fairer Scotland for Disabled People Delivery Plan to 2021 for the United Nations Convention on the Rights of Persons with Disabilities’, which was published in 2016. This plan has five long-term ambitions aimed at changing the lives of disabled people in Scotland, this includes the Protected Rights ambition and associated action that, ‘Scotland’s justice system is equipped to meet the needs of disabled people in a fair and inclusive way. Disabled people are confident that their rights will be protected and they will be receive fair treatment at all times’. The plan sets out the 93 actions which will be taken forward during the current parliamentary term to achieve this and the other ambitions and actions.

Business births are measured using new business VAT/PAYE registrations, sourced from the Office for National Statistics Business Demography publications. Table 1 shows business births in each year from 2011 to 2016.

Table 1: Business Births (VAT/PAYE registrations), Scotland, 2011-2016

Source: Business Demography 2016, Office for National Statistics

Note that VAT/PAYE registrations do not represent a complete picture of start-up activity as only businesses with an annual turnover above the VAT threshold or who have employees on a Pay As You Earn (PAYE) scheme are required to register.

The Businesses in Scotland 2017 publication provides a breakdown of enterprises into those that are registered for VAT and/or PAYE, and those that are not (so called unregistered enterprises). Unregistered enterprises are the smallest businesses that are not large enough to be VAT registered (have an annual turnover below the VAT threshold - £83,000 as at March 2017) and are not PAYE registered (i.e. do not employ others). The Businesses in Scotland 2017 publication is available on-line at:

Table 1 shows the level of self-employment in Scotland in each year from October 2010–September 2011 to October 2016-September 2017 from the Annual Population Survey (APS). The October 2016-September 2017 is the most recent data available from the APS.

Table 1: Level of self-employment, Scotland, 2011-2016

Source: Annual Population Survey, Office for National Statistics