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Chamber and committees

Plenary, 03 Sep 2009

Meeting date: Thursday, September 3, 2009


Contents


Question Time


SCOTTISH EXECUTIVE


Justice and Law Officers


District Courts (Ayrshire)

To ask the Scottish Executive what further consultation has taken place regarding the future of district courts in Ayrshire. (S3O-7665)

In the sheriffdom of south Strathclyde, Dumfries and Galloway, the Scottish Court Service has consulted further with the sheriff principal and local authorities as prescribed by the Criminal Proceedings etc (Reform) (Scotland) Act 2007.

Cathy Jamieson:

Given that when the cabinet secretary introduced proposals to close courts, including those in Cumnock and Girvan, he was sent homeward to think again, does he think that it would be better to address the legitimate concerns that have been raised by local justices and East Ayrshire Council rather than simply make the same proposal again?

Kenny MacAskill:

I am not making the same proposal again, because I have not received further submissions or recommendations from the Scottish Court Service. When I do, what Cathy Jamieson suggests might be the case, but I cannot confirm whether it will be, because I have received no submissions.

I am surprised by the criticism of the procedures, because, after all, the procedures that I follow are those that are laid down in the 2007 act, which was introduced not by me as the Cabinet Secretary for Justice or by my Government, but by yourself, Ms Jamieson, when you were the Minister for Justice. If you do not like the legislation, you should have thought about that before you implemented it.

Elaine Murray (Dumfries) (Lab):

The Justice of the Peace Courts (Sheriffdom of South Strathclyde, Dumfries and Galloway) Order 2009, which proposed the closure of the district courts at Annan, Cumnock and Girvan, was rejected by the Scottish Parliament's Justice Committee only in May this year. Does the cabinet secretary agree that it is somewhat arrogant of the Scottish Court Service to reintroduce exactly the same proposal after only four months?

Kenny MacAskill:

It has not done so. No recommendations have reached me and until such time as they do, no decision can be taken. I cannot comment on whether the SCS is being arrogant, but I can give you the factual position that no further decision has been made, because no recommendations have reached me.

I remind all members that remarks should be directed through the chair and not made directly to each other.

Question 2 was not lodged.


Police (Funding)

3. George Foulkes (Lothians) (Lab):

To ask the Scottish Executive how it reconciles freezing council tax with its guarantee to increase police numbers and maintain law and order, when Scotland's biggest police force is reporting a cash shortfall of up to £34.7 million. (S3O-7660)

The Cabinet Secretary for Justice (Kenny MacAskill):

The council tax freeze and the commitment to 1,000 additional police officers are both priorities for the Scottish Government and have been agreed with the Convention of Scottish Local Authorities as part of the concordat. Accordingly, they are both fully funded by the Scottish Government. That is why earlier this week I was able to announce that in June 2009, there were 17,278 police officers employed by Scottish forces—the highest number ever recorded. For the first time, we have passed the milestone of 1,000 additional police officers, well ahead of our pledge to do so by the end of this parliamentary session, with an increase of 1,044 since March 2007.

Strathclyde police authority has considered the potential impact of spending decisions that have not yet been made. The Scottish Government will publish the draft 2010-11 budget later this month, which will be subject to parliamentary scrutiny and debate in the usual way. We await the next spending review, which we expect to be delayed until after the next general election.

With all those extra police officers, why was it not possible to keep al-Megrahi in a safe house in Strathclyde?

Kenny MacAskill:

It would have been possible; the deputy chief constable said that his force would have risen to any challenge. However, it was made clear that there would have been significant operational difficulties—48 officers would have been required simply to monitor him in the house. To move him to hospital or elsewhere would have required additional policing above and beyond that.

As I have said before, I find it ludicrous and grotesque that we should have imposed—I heard the word "impose" used by some speakers in the chamber—Mr al-Megrahi on a Scottish hospice. People go to a hospice to die with dignity, surrounded by friends and family in their dying moments, not to have Mr al-Megrahi, an international press corps and, indeed, a police camp there. I say to Mr Foulkes that that would have been unacceptable and I stand by my decision.

Bill Kidd (Glasgow) (SNP):

Is the cabinet secretary aware that Strathclyde police authority has applied to fund 60 new trainee police officers at the Scottish Police College in addition to the trainees who are funded by the Scottish Government? The SPA is doing that at a cost of £2 million, which rather flies in the face of the claim of a possible shortfall in funding.

Kenny MacAskill:

Absolutely. I pay great tribute to the chief constable of Strathclyde. It is to his enormous credit that he is not only delivering the Government's commitment to provide additional officers to Strathclyde but is, through his own actions, and supported by every officer of whatever rank in his force, ensuring that additional recruits are taken on, that officers are retained and that officers who are behind desks are redeployed.

When the convener of the SPA referred to the potential problems and the difficulty that it may face in terms of recruitment, he did not point out that, for the first time, the SPA has recruited a press officer.

Bill Aitken (Glasgow) (Con):

Will the cabinet secretary accept my genuine congratulations on implementing Conservative policy in ensuring that the appropriate number of police are in place? Can I look forward to receiving the same degree of co-operation from him in future when budgetary matters are discussed?

Kenny MacAskill:

I accept that in the spirit in which it was given. The Scottish Government is delighted to deliver the additional 1,000 officers. We are happy that the Scottish Conservatives have supported us on the matter. I will seek to work with Mr Aitken where I can on other financial matters, albeit that—in many instances—that work will be done by our colleagues who cover the finance portfolio.


Legal Aid (Eligibility Criteria)

To ask the Scottish Executive whether it is considering bringing forward proposals for changes to the eligibility criteria for receipt of legal aid. (S3O-7680)

We are currently considering whether any changes to the eligibility rules for civil legal aid are desirable.

Elaine Murray:

As the cabinet secretary may be aware, last month, the convicted rapist and former police officer Adam Carruthers lost his appeal against the removal of employer contributions to his police pension. It has been estimated that the appeal cost the taxpayer more than £100,000 in legal aid fees. Moreover, he received legal aid for his appeals against sentence, at least one of which was abandoned. Will the cabinet secretary give an assurance that he will consider curtailing the use of legal aid for repetitive or vexatious appeals? On some occasions, including the example that I have raised, such appeals are tantamount to harassment of the victims of crime.

Kenny MacAskill:

I am aware of Dr Murray's concerns on the issue—concerns that she has raised on previous occasions. Many in the chamber will share those concerns. Indeed, I discussed the matter with the chief executive of the Scottish Legal Aid Board.

It is important to bear in mind two points. First, there are the legal aid regulations, which we seek to monitor—indeed, we are happy to review them and change them if and when it is necessary to do so. In many instances, primary legislation may be required to do that. I assure Dr Murray that I hope that frivolous and vexatious appeals will be precluded by the Legal Aid Board. The legislation that is in place is subject to interpretation by the board.

Secondly, and without reference to any specific case, it is important to bear in mind the fact that we require to have cognisance of the European convention on human rights. Simply because someone may have done something reprehensible should not necessarily mean that, in other matters, they should not be eligible for legal aid. That is part of our strength as a democracy. It is also part of an obligation that is contained in the legal aid rules and regulations that were brought in on an all-party and non-party basis.

Dr Murray is correct to raise the issue, which is a matter of concern. As I said, the Legal Aid Board is aware of her constituents' concerns—concerns that I am sure are felt by others elsewhere. The matter is under constant review.


Quasi-judicial Matters (Scrutiny)

To ask the Scottish Executive whether it plans to change the scrutiny process for quasi-judicial matters. (S3O-7606)

The Cabinet Secretary for Justice (Kenny MacAskill):

Ministerial decision making in cases involving offenders was examined by the late Sheriff Principal Gordon Nicholson QC, to whom the First Minister gave testament at First Minister's question time. Sheriff Principal Nicholson undertook that examination at the request of the previous Administration. His report was published last year, and made no recommendations for change in relation to the process for compassionate release.

Yesterday, you came under a great deal of criticism—

Through the chair, please.

Alison McInnes:

Sorry. Yesterday, the cabinet secretary came under a great deal of criticism for his mishandling of the al-Megrahi decision. Mr MacAskill and his officials misdirected themselves about the basis of their decision by not giving proper legal consideration to the guidance, and to the balance of considerations in it. Parliament has highlighted that, in that decision, the powers were judicial but were exercised poorly in a way that no judge would entertain.

Given the enormous power wielded, scrutiny should apply to quasi-judicial matters as well as to more regular policy matters.

Question, please.

Will the Government therefore support our calls for the Parliament's Justice Committee to commence an inquiry to allow genuine scrutiny of the decision and the manner in which it was taken?

Kenny MacAskill:

I made it clear previously in Parliament and I make it clear again that it was my decision and my decision alone, and I stand by it. It might have been more appropriate if those who are throwing brickbats around had taken a view before the decision was taken, but there we go.

We do not rule anything in or out. The late Sheriff Principal Nicholson—who did the Parliament and the country a great service with the licensing reforms, and with his service as a sheriff principal, and a sheriff before that—carried out a review. That review was instructed not by my Administration but by the previous Administration. He reviewed compassionate release and felt that it was appropriate that it should remain a ministerial matter.

If members want to have an inquiry, the Government is prepared to consider one. If they want to press the issue further, we have nothing to hide, although perhaps others must answer for their bit.

When were the compassionate release rules first established and where are they derived from?

Kenny MacAskill:

The legislation that we operate under dates from 1993. It provides that it is for ministers to take the decision. Parliament looked again at the arrangements for compassionate release in section 27 of the Custodial Sentences and Weapons (Scotland) Act 2007, which was introduced by the previous Liberal Democrat-Labour Administration. It replicated the Prisoners and Criminal Proceedings (Scotland) Act 1993, leaving the decision in the hands of ministers. Sheriff Principal Nicholson was asked to consider the issue. He did so, and that is the current position.

If members wish to make other suggestions, we would be more than happy to consider them. On the issue relating to Mr al-Megrahi, we have nothing to hide and we stand by our decisions.


Knife Crime (Paisley)

To ask the Scottish Executive what steps it is taking to address knife crime in Paisley. (S3O-7648)

The Minister for Community Safety (Fergus Ewing):

The Government is working with the national violence reduction unit, the Association of Chief Police Officers in Scotland and other partners to reduce knife crime wherever it occurs in Scotland. The collective effort is considerable, with the Government doing its part.

We have committed more than £13 million to the cashback for communities programme, which is giving young people meaningful things to do and keeping them away from knives. We are investing a total of £3 million in the VRU and its innovative project to tackle gangs and knives in the worst-affected areas of Glasgow. In March this year, we launched no knives, better lives—a £500,000 investment over the next two years to communicate the risk of knife crime to young people.

In relation to Paisley, I commend the considerable efforts of Strathclyde Police's KA division, which already this financial year has seen reductions in serious assaults of 18.5 per cent and in robbery of 51.4 per cent, and a 69 per cent increase in stop and searches.

Ms Alexander:

I am hoping for an explanation of the Scottish Government's decision to abandon a national ban on the public display of knives and the requirement to have closed-circuit television. How can it be right to propose a national ban on the public display of tobacco, and then cancel the planned national ban on the similar display of knives, which are responsible for more murders than any other weapon in this country?

Fergus Ewing:

The Scottish Government believes that circumstances in different parts of Scotland require different approaches. I am sure that the member agrees that what may be appropriate in the areas where gangs operate in Glasgow, or in Paisley, in her constituency, would simply not be appropriate in places such as Orkney, rural parts of Scotland or small villages and towns. That is why we allow local forces a measure of autonomy to determine the measures that apply in their areas.

We are persuaded that CCTV, which the member mentioned, plays an extremely useful role in assisting the police in the detection and prosecution of crime. As the member will be aware, there are instances of CCTV evidence being used to bring to book people who have committed the most serious of crimes, including murder. I hope that members throughout the chamber appreciate the role and importance of CCTV. It has recently been the subject of analysis, and I expect that its role will continue, as appropriate, with local input as to how it is best employed.


Police Officers (Numbers)

To ask the Scottish Executive how many police officers are on the streets of Scotland compared to May 2007. (S3O-7624)

The Cabinet Secretary for Justice (Kenny MacAskill):

On Tuesday, official statistics revealed that there are 17,278 police officers in Scotland, the highest number ever on record. That means that the Scottish Government has reached its target of having 1,000 more police officers in Scotland—compared with the 16,234 officers when we came to power—well ahead of our pledge to do so by the end of this session. For the fifth quarter in a row, the number of police officers serving Scotland's communities has increased. There are now 1,044 more officers than there were in March 2007.

Bob Doris:

I am sure that the minister agrees that the increase in police numbers has had a positive impact on policing in Glasgow, and that it has been given added value in Glasgow through Chief Constable Stephen House's reform of community police shift patterns, to ensure that the maximum number of community police officers are on the streets when they are most needed. In some places, that has more than doubled their presence. Will the Scottish Government continue to work with our police forces to ensure not just that there is a greater number of police but, more important, that there is more effective policing?

Kenny MacAskill:

Absolutely. I pay tribute to Chief Constable Stephen House, who has done an excellent job. We are delighted to fund the 1,000 additional officers, ensuring that Strathclyde gets its share. It is our largest force, and it faces many of the greatest difficulties with regard to recorded crime. It is clear that the chief constable is doing a fantastic job, as is each and every officer, whichever force in Scotland they serve in. It is appropriate to ensure that we have adequate numbers of police officers. We must also ensure that they are appropriately and properly used, and are not stuck in court twiddling their thumbs, having been cited to give evidence in cases that are never called.

The progress that is being made on summary justice reform is a great credit to the Solicitor General, the Lord Advocate and the Crown Office. It is a credit to chief constables throughout Scotland that they are getting officers out from behind desks to do work elsewhere. A visible police presence reassures good citizens and deters those of evil intent.

Richard Baker (North East Scotland) (Lab):

Is it not vital that welcome additional police recruits can be retained in the future? Can we take it from the cabinet secretary's earlier answers that he will ensure that there will be no shortfall in the budget of Strathclyde Police, so that the promised officers are not just recruited but retained?

Kenny MacAskill:

We are committed to funding the 1,000 additional officers. Two years ago—and even more recently—the member did not think that it could be done, but it has now been delivered.

The Government obviously has to prepare a budget, and we have to do so in the knowledge that we face £500 million-worth of cuts from the UK—they are coming down the line, and those are London-enforced cuts. That will impact on Scotland.

Ah!

I hear a sedentary input from Mr Foulkes. As well as that £500 million, the Government is also paying—as am I, as a constituent and a representative of the city of Edinburgh—for the folly of a tram scheme that has cost a further £500 million.


Kafeel Ahmed

To ask the Scottish Executive how many police officers were required to guard Kafeel Ahmed in a Glasgow hospital from 30 June to 2 August 2007. (S3O-7591)

That is an operational matter for Strathclyde Police.

Alex Johnstone:

I am extremely disappointed—that answer reflects some of the comments that have been made over the past days and weeks. Given that experience, is it reasonable to suggest that it would have been impossible for the chief constable of Strathclyde Police to organise the guarding of Abdelbaset al-Megrahi in similar circumstances, had he been released into hospice or home care?

Kenny MacAskill:

As I said to Bob Doris, I have great faith in our police and I have no doubt that whatever challenge is presented to Strathclyde Police, whether it is guarding an individual or reacting to a serious terrorist incident such as we had at Glasgow airport, the force rises to the challenge and shows that it is capable of dealing with it.

I repeat that I find grotesque the suggestion that we should have sought to impose on a hospice the situation that the member proposes. I have yet to hear from the Conservative party which hospice was to have taken Mr al-Megrahi. I am not aware that any hospices were queuing up to accept him. In my experience, people are queuing up to get into hospices because of the difficulties that we face in palliative care.

We made the decision; and it was my decision. It was quite clearly made on the basis that I believe that people who go into a hospice to die should be able to do so with dignity and be treated with compassion, without having armed police in every nook and cranny and without the presence of an international media circus. The member might want to have imposed such a situation on a hospice in Scotland; I never will.


Rural Affairs and the Environment


Climate Change (Scotland) Act 2009<br />(Excess Packaging)

To ask the Scottish Executive when it intends to implement the provisions of the Climate Change (Scotland) Act 2009 that relate to reduction of excess packaging. (S3O-7616)

The Cabinet Secretary for Rural Affairs and the Environment (Richard Lochhead):

Although excess packaging is dealt with by the Packaging (Essential Requirements) Regulations 2003, which are a reserved matter, there is provision in the 2009 act that relates to targets for overall packaging reduction.

I launched the consultation on Scotland's zero waste plan on 20 August. The consultation refers to the draft strategy, "Making the most of packaging: a strategy for a low-carbon economy", which was agreed among the four United Kingdom Administrations and contains suggested actions to improve how packaging is dealt with. The consultation invites views.

Patrick Harvie:

I think that the Government previously suggested that it has faith in a voluntary approach in the first instance. Surely if we are to take a voluntary approach we must have a sense of the overall reduction in packaging, whether we call it excess waste or unnecessary or unwanted packaging, that we expect to achieve. At what point will we test the approach and decide whether a compulsory approach is required?

Richard Lochhead:

I agree, as I am sure all members do, that we have to tackle excess packaging.

The retail sector in Scotland is largely responsible for the amount of excess retail packaging that there is. Retailers have signed up to the Courtauld commitment, which is a voluntary commitment that applies throughout the UK. The 2008 target on halting growth in excess waste in the sector has already been met, and it appears that we are on target to achieve a reduction in excess waste packaging in Scotland by 2010.

I will listen carefully to the views of Patrick Harvie and others who contribute to the consultation on the draft zero waste plan. The member's argument is reasonable. We might want to have an idea of the level that we want to achieve in Scotland. However, whether there should be a statutory basis for the approach will depend on the outcome of the consultation.

What approaches have been made to supermarkets, for example through the supermarket summit, on how to progress a reduction in packaging?

Richard Lochhead:

The member makes a good point. The Scottish retailers forum, which we set up with Scotland's leading retailers, is delivering dividends on waste issues as well as on many other issues of importance to Scotland, such as the buying of Scottish produce. For example, Marks and Spencer recently replaced the plastic tray that protected its beef with a thin skin pack, which is wrapped tightly around the product. The approach cut packaging by 69 per cent while extending the product's shelf life by four days, thereby helping to reduce food waste. Retailers in Scotland are taking action and a number of their actions have resulted from discussions with the Scottish Government during the past two years.

Elaine Murray (Dumfries) (Lab):

The Climate Change (Scotland) Act 2009 enables ministers to regulate on a number of waste prevention issues. A draft statutory instrument on data collection on waste is required to be laid within 12 months of the enactment of the relevant section. Is the cabinet secretary considering making further regulations during this session of the Parliament?

Richard Lochhead:

The consultation still has a few weeks to go and, as I said before, we will listen carefully to the views that we hear during it. Under the 2009 act, we are able to introduce a number of regulations to help tackle Scotland's waste problems. The extent to which we introduce them and the order in which we do so will depend on the outcome of the consultation, and we will listen carefully to the Parliament's views.


Derelict Land (Urban Areas)

2. Bill Kidd (Glasgow) (SNP):

To ask the Scottish Government what support the Cabinet Secretary for Rural Affairs and the Environment provides to local authorities to allow local residents to make use of unused derelict lands in urban areas for the purpose of community growing projects, gardens and orchards. (S3O-7631)

The Minister for Environment (Roseanna Cunningham):

Our national food and drink policy supports the development of allotments and grow-your-own-food projects. We want to encourage people to work together legally to take advantage of the opportunities that unused derelict lands present for community growing projects. We will produce practical advice and guidance that will encourage public bodies, communities and individuals to work together.

Bill Kidd:

Is the minister aware of the case in north Kelvin meadow in the west of Glasgow where local residents have grassed over, and planted flowers on, a long-derelict site to beautify and enhance their community but have found themselves evicted from the area by Glasgow City Council although there is no immediate plan to develop the ground?

Roseanna Cunningham:

Given the extent of the media coverage, I guess that few people will be unaware of the current situation in Glasgow—and, indeed, of the advent of guerrilla gardeners throughout the country.

The Government is working, alongside various public bodies, to examine potential further provision of allotments and community gardens. We know that there is great unmet demand for both. Ultimately, local authorities are responsible for deciding on priorities for their land. However, we hope that Glasgow City Council, which is the decision-making body in the north Kelvin meadow case, would have regard to the work that the national health service is doing to support a number of projects on health board land and, similarly, Scottish Natural Heritage's support for such initiatives.

Cathy Jamieson (Carrick, Cumnock and Doon Valley) (Lab):

I am glad to hear the minister's support for community gardens and other such projects. Does she acknowledge that, in many communities, the problems of derelict buildings and sites are real issues for local people? Will she press, with her fellow ministers, for councils to be given additional powers to deal with the irresponsible landowners who simply abandon sites in towns and villages, and encourage those sites to be brought back into the good use about which we have heard?

Roseanna Cunningham:

I suspect that that issue is a little beyond my remit, as it is a local authority responsibility. I hope that all members will join us in having discussions about the future of such derelict land and point to the examples in which good progress has been made, such as on some otherwise unused health board land that has now been turned over to such projects. It often helps to point to examples.

Nanette Milne (North East Scotland) (Con):

My question might sit better on the back of Jim Tolson's later question.

In view of the fact that demand for allotment land increasingly outstrips supply, will the minister consider organising an allotments summit that would bring together all the local authorities, the Scottish Allotments and Gardens Society and other interested parties to draw up a strategic plan to develop additional allotment space throughout the country?

Roseanna Cunningham:

We are aware that some 3,000 people are on a nationwide allotments waiting list and that 70 per cent of the currently allocated allotments are owned by local authorities. That leaves 30 per cent that are not, so there is also capacity to grow—that is a bit of a pun, of course—the numbers of allotments outwith local authority land.

Nanette Milne will be happy to know that an allotments summit is under active consideration at the moment. We are aware of the enormous pressure on allotments and that we will have to try to find some way to resolve it.


Sheep (Electronic Identification)

To ask the Scottish Executive what recent discussions it has had with the farming industry regarding the introduction of electronic identification for sheep in December 2009. (S3O-7598)

The Cabinet Secretary for Rural Affairs and the Environment (Richard Lochhead):

The Scottish Government has held regular meetings with the farming industry to discuss electronic identification for sheep. The most recent joint Scottish Government-industry working group met on Friday 21 August 2009. Prior to that, officials met formally with industry representatives on 19 August, 16 July and 23 June. In addition, I am in frequent contact with industry representatives, as are my officials, on this important issue.

Jackson Carlaw:

The Cabinet Secretary for Rural Affairs and the Environment will be aware that sheep farmers across the country argue that there really is no need to tag electronically any sheep—any more than there is a need to tag politicians, some of them tell me—until they leave their holding of birth. What steps is the Government taking to ensure that the reasonable voice of those in the industry is heard, with a view to more significant improvements being sought and written into the forthcoming rules?

Richard Lochhead:

I think that the member said that we do not have to tag politicians until they leave their place of birth. I am not sure whether that was the point that the member made.

The current situation is challenging for the sheep sector in Scotland. It has been an uphill struggle within Europe for Scotland to try to inject some common sense into the proposed regulations, given the substantial impact that they will have, particularly on sheep farms on Scotland's hills, and given that the principle of electronic identification and the current regulations were signed up to by the United Kingdom Government in 2003, with the support of the previous Scottish Administration. We therefore very much face an uphill struggle.

We are taking action to work with the sector to plot the best way forward to ensure that, if we have to implement the regulations, we can do so in a way that places the least burden possible on Scotland's sheep sector. We are actively discussing with the industry how we can do that, and we will launch our formal consultation on implementation of the regulations in the very near future. In the meantime, the UK Government offered at a recent European meeting not to seek any further concessions to the regulations for the rest of this year, which again leaves Scotland in a rather difficult position, given that it is the UK that holds a seat at the top table in the negotiations.

Dave Thompson (Highlands and Islands) (SNP):

The cabinet secretary will be aware of the posturing of Lib-Dem Member of the European Parliament George Lyon on the issue and that EID was agreed during a Lib-Dem watch in this Parliament. In contrast, can the cabinet secretary tell us a bit more about the possible European Union EID relief fund that was won by Scottish National Party MEP Alyn Smith and about how the Government's electronic research pilot is getting on?

Richard Lochhead:

The electronic identification research pilot, funded to the tune of £3 million by the Scottish Government, has made significant progress and has helped the industry greatly in recognising some of the difficulties and potential solutions for dealing with this challenging regulation. The pilot will continue to be useful for the rest of this year, as we look at a number of new dimensions of the regulation.

Alyn Smith has achieved a lot for Scotland in Europe in fighting for Scotland's farmers; I was delighted to see that being recognised a few months ago with a particular award from one of the organisations. We will continue to work in Scotland with our MEPs to try to inject some common sense into the regulations, whether that be in the run-up to the end of this year or beyond, once the regulations are implemented. However, the SNP Government has achieved four significant concessions for Scotland's farmers that will ease a lot of the pain and cut much of the potential cost. We accept that that does not remove the problem, but it achieves a big step forward for Scotland's sheep farmers.

Jim Hume (South of Scotland) (LD):

What recent meetings has the cabinet secretary had with other EU ministers who are responsible for rural affairs and EID in order to discuss electronic sheep identification? Which ministers were they and from which countries did they come? When will he next meet any of those ministers?

Richard Lochhead:

The member might be aware that one of the other challenges is that many of the other member states have been pressing ahead with the regulation over recent years, so they are not that keen for any further derogations to be given to Scotland. That does not remove the case for fighting for further derogation at an appropriate opportunity, but it puts the negotiations in Europe into context. We have had many discussions with representatives from other member states. There are concerns in a range of such states over particular aspects of the regulations. We will continue with those discussions in the coming months.


Scottish Agricultural Wages Board

To ask the Scottish Executive whether it has reached a decision on the future of the Scottish Agricultural Wages Board. (S3O-7682)

The Cabinet Secretary for Rural Affairs and the Environment (Richard Lochhead):

I can announce today that the Scottish Government will retain the Scottish Agricultural Wages Board. We believe that the board continues to carry out an important role in chairing discussions between employers and employees in agriculture. Over 80 per cent of agriculture workers are actually paid at above the minimum rates. The market is therefore clearly playing a decisive role in setting wage levels for the vast majority of workers. However, some can be vulnerable to low pay and poor conditions, particularly migrant workers. The board can provide a safety net for such workers.

The Government's consultation exercise showed that the main complaint from those who criticised the board was that it did not help employers to take on young workers. Therefore, I was pleased when the Scottish Agricultural Wages Board announced new apprenticeship wage rates last week that I hope will address that issue. With increased Government funding creating additional apprenticeships across the economy in 2009-10, it should now be much easier for young workers to gain a foothold in the farming sector. Over the next two years, the Scottish Government will monitor that new development closely prior to a further review in 2011.

John Park:

That is the first direct answer that I have had to a parliamentary question since I became a member of the Parliament in May 2007. I thank the cabinet secretary for his response and I encourage his colleagues to follow his lead.

I pay tribute to the union Unite for the campaign that it ran on the issue, and I am pleased that the Scottish Government has listened to the union's concerns. I hope that the culture of positive industrial relations that people have tried to foster through the Scottish Agricultural Wages Board continues into the future.

Richard Lochhead:

I thank the member for those comments. Clearly, the issue was difficult and some valid arguments were made by various sectors that contributed to the consultation. However, the matter was rather inconclusive so I hope that we have the best way forward for Scotland's agricultural workers, who play a vital role in supplying food to the nation and protecting our precious environment.

John Wilson (Central Scotland) (SNP):

I welcome the decision of the Cabinet Secretary for Rural Affairs and the Environment to retain the Scottish Agricultural Wages Board. I seek assurances from him that the board's role and remit in the annual review of agricultural wages and conditions will remain unchanged under the Agricultural Wages (Scotland) Order (No 57) 2009, whose publication is awaited next week.

Richard Lochhead:

Clearly, those decisions lie in the hands of the Scottish Agricultural Wages Board, whose members are appointed to fulfil that duty. Of course, we monitor what the board does and the statements that it makes. I have every confidence that we will have a positive way forward for Scotland's agricultural workers.


National Food and Drink Policy

To ask the Scottish Government what action is being taken to implement measures contained in the national food and drink policy. (S3O-7641)

The Cabinet Secretary for Rural Affairs and the Environment (Richard Lochhead):

On 26 June this year, we published "Recipe for Success", which sets out the next steps to take forward our policy for food and drink. Although the Scottish Government has an important role to play in the policy's development, delivery requires action by all those who have an interest in food and drink to make Scotland a healthier, wealthier and more environmentally sustainable place in which to live.

Tomorrow, I will launch the Scottish food and drink fortnight—I hope that all members will support it—which will showcase many of the initiatives that will help us to deliver our vision for food and drink policy in Scotland.

Shirley-Anne Somerville:

As the cabinet secretary is aware, high-quality Scottish produce is well renowned and well respected throughout the world, yet Scotland has one of the poorest levels of diet-related illness within the developed world. Given that apparent contradiction between what we have at home and what we eat, what is being done to encourage major retailers, in particular supermarkets, to stock more local produce from our local suppliers?

Richard Lochhead:

It is important that we have the cross-cutting approach that will be delivered through our national food and drink policy. Of course the health dimension is important, too. I know that we will all be pleased that Scotland's berry sector—a very healthy food—has just come through another successful year, with a number of companies expanding in Scotland. We must continue to support such companies, which can contribute to our economy and our health record at the same time. The member will be interested to know that Scotland's grocery stores—not just the big retailers but our hundreds if not thousands of grocery stores—are participating in the Scottish Government's aim of bringing healthy food to shelves the length and breadth of Scotland.


Prawn Fishing (Western Isles)

To ask the Scottish Executive what recent discussions it has had with the Western Isles fishing community and processing industry on the future of prawn fishing. (S3O-7686)

The Cabinet Secretary for Rural Affairs and the Environment (Richard Lochhead):

I visited Stornoway in April and heard at first hand about the challenging economic circumstances that face those who are involved in prawn fishing. Despite the difficult market conditions at the present time, prawns remain the most valuable species that is caught and landed by the Scottish fishing fleet.

In April I celebrated the Marine Stewardship Council's certification of Stornoway prawns—strong evidence of the fishery's environmental credentials. I am determined that, through co-management, we will secure an equally strong profitable future for prawn fishing.

David Stewart:

The cabinet secretary is well aware of the relative fragility of the Western Isles economy and the important role that the fishing and processing sectors play in the area's economic prosperity. What assessment has he made of the revised total allowable catch quota for prawns? Will it be sufficient to allow the current fleet and processing industry to survive in the Western Isles?

Richard Lochhead:

The research that we have conducted so far suggests that low fish prices—which, in turn, relate to the global economic downturn—are the key factor that is impacting on the profitability of Scotland's nephrops fleet and the prawn sector. That is the number 1 issue, but the member is quite right to highlight the recent scientific advice on the future of nephrops quotas. The optimistic view is that the quota for prawns that will be made available to the west coast of Scotland will exceed this year's catch by the fleet. I hope that that will give some comfort to the sector. We are quite confident that if any reductions in quotas are required, we can secure much lower ones for the west coast, given that this year's catch is nowhere near the existing quota. The industry will take that on board when it discusses with the Scottish Government the level of quota that we should seek at this year's vital negotiations.