SCOTTISH EXECUTIVE
Justice and Law Officers
Rape and Sexual Offences (Legislative Change)
To ask the Scottish Executive what further progress has been made by the Scottish Law Commission on its work on rape and other sexual offences. (S3O-507)
The Scottish Law Commission is working on its final report on rape and sexual offences. It is expected that it will submit its report and recommendations to ministers later this year.
I welcome the Government's commitment to continue the work of the previous Executive in this area. Does the minister share my concern that essential improvements to the prosecution process could highlight the obvious gaps between the law and public opinion? Is the minister aware of an ICM Research poll commissioned by Amnesty International, which indicated the existence of a "sexist blame culture", whereby 34 per cent of those people who were polled believed that a woman is to blame for her rape if she is perceived to be acting flirtatiously, dressed inappropriately or drunk? Is he aware that a recent survey by the Scottish Executive revealed similar worrying attitudes? How does the Government intend to tackle widely held societal attitudes that seem to hold women responsible for sexual attacks that are inflicted upon them, whereas in fact rape is never a woman's fault?
I pay tribute to Elaine Smith's involvement in this area. She correctly pointed out the role of the previous Administration in pursuing the problem. The percentage of people cited in the poll is cause for concern, although we must recognise that the overwhelming majority of people in Scotland do not hold such views. The fact that such a large minority hold those views, however, is clearly a matter of concern. Speaking for the Government, I assure the member that it will never be a defence that somebody was dressed attractively or, I dare say, provocatively. Such a defence is simply unacceptable.
I am particularly concerned about sexual offences against children, and specifically about the low rate of custodial sentences that are being given out for such crimes. In recent years, barely more than half of those who have been convicted of sexual offences against children have spent time in prison. I appreciate that prison can only ever be part of the solution, but does the Cabinet Secretary for Justice agree that the protection of our children from such offenders is paramount? Will he examine closely how we can protect children from convicted sex offenders, and will that include consideration of setting up a sentencing commission?
I am grateful for the member's intervention on the matter. I am aware that she has commented and written on the subject—I have seen some documentation on it. It is a matter of concern. We must remember that, although such instances are horrendous, they are thankfully rare in Scotland. That said, they are still far too common and the consequences—of the incident itself and the long-standing effects on the individuals who have been abused—are significant.
The Cabinet Secretary for Justice is aware of the highly successful domestic abuse court in Glasgow, which I hope he will continue to support and fund. Does he think that a place may exist for special courts to deal with rape, given the well-known difficulties in the past with the mainstream courts' procedures and processes?
Specialist courts were touched on in this morning's debate on drugs. We support specialist courts. Those that have been rolled out in relation to youth and drugs have been of benefit, as has been the court to which Malcolm Chisholm referred.
Antisocial Behaviour (Legislation)
To ask the Scottish Executive whether it intends to review the legislation on antisocial behaviour. (S3O-510)
We will review the national antisocial behaviour strategy to see where it can be strengthened and improved. As part of that review, we will consider the effectiveness of the key elements of the antisocial behaviour legislation.
I hope that, when the minister and his colleagues undertake the review, they will resist any attempts to reduce the budget for dealing with antisocial behaviour.
I thank the member for his question and confirm that we are absolutely committed to continuing to tackle antisocial behaviour. We want to hear the fullest range of opinions in the review that is ahead. As I said in my initial answer, that will include a review of the legislation.
Will the minister confirm that the review will pay particular attention to the effectiveness of antisocial behaviour orders? There is no public confidence that those orders are in any way effective and people who receive them treat them with contempt, as I confidently predicted they would at the outset. Does he agree that considerable toughening of the system will be necessary if the use of the orders is not to end up in disrepute?
I confirm that the review will, of course, cover the efficacy of ASBOs. We are all aware of the relative infrequency with which ASBOs have been granted, and of the long process that is needed to persuade a local authority to apply for an ASBO, during which time the victims continue to suffer from antisocial behaviour. I am happy to confirm to Bill Aitken that that will form part of the review. We want a new strategy that will be more effective in tackling antisocial behaviour.
Question 3 has been withdrawn.
High Hedges (Legislation)
To ask the Scottish Executive when it will bring forward legislation to deal with high hedges. (S3O-527)
No decision has yet been taken on whether to introduce legislation to deal with high hedges. The Scottish Government is considering whether to deal with the issue as part of the review of the national antisocial behaviour strategy, which is in its early stages.
During the past seven years, like many other members, I have received many representations on the matter. I will quote briefly from the most recent letter, which I received this morning:
There is a long history of action—or inaction—on the issue, but we prefer to look forward and not back.
Rape and Sexual Offences (Conviction Rates)
To ask the Scottish Executive what measures will be taken to address the issue of low conviction rates in court cases involving charges of rape and other forms of sexual assault. (S3O-481)
As the Cabinet Secretary for Justice indicated, the Scottish Government remains committed to tackling the problems associated with rape cases. It is expected that the Scottish Law Commission will report to ministers later this year and, as the First Minister announced yesterday, a bill will be introduced next year to reform the law on rape and sexual offences in light of the SLC's recommendations.
I welcome the Executive's decision to reform the law on rape. However, the process must not be rushed because the matter is complex and sensitive, and there must be no downgrading of crimes against women.
On the jurisdiction of rape cases, rape, along with murder, is one of the few crimes that must be indicted in the High Court. Any change in that regard would be a matter entirely for the Parliament. Rape is one of the most serious crimes that can be committed in society. It is a crime of real violence, and I would be concerned at any suggestion or inference that it should be downgraded in any sense.
This question might be more for the Cabinet Secretary for Justice. In response to a written question lodged by Trish Godman, which requested information on the number of victims of human trafficking who have been freed, the former Minister for Justice responded:
Some of those issues are for my colleague the Cabinet Secretary for Justice, who I understand attended a meeting down south on human trafficking.
Police Officers (Training Cost)
To ask the Scottish Executive what the average cost is of training police officers. (S3O-476)
The average cost of induction training for new police officers at the Scottish Police College is £7,427. Extensive training programmes are also delivered in-force, but details of those costs are not held centrally.
I am surprised by the cabinet secretary's answer, but I thank him for it. I am advised elsewhere by police professionals in Scotland that the cost of recruiting and training a police officer is nearly £44,000—the figure that the cabinet secretary gave does not resemble that sum. If my arithmetic is right, an additional £44 million needs to be planned for in the first budget.
Please be brief.
Any reasonable thinking person would say that the First Minister's pledge is not unreasonable. However, it is not what the SNP manifesto said. The manifesto commitment—
What is the question, Ms Eadie?
The SNP said in its manifesto that it would put "1,000 more police" on the streets. Will the cabinet secretary say whether that was smoke and mirrors? Has he got his sums wrong? Will there be 1,000 more police officers in Scotland in 2011 than there are now?
If Ms Eadie wants to challenge the figures, she can certainly write to me and I will investigate. However, the cost of training a police officer at the Police College is as I said. Obviously there are a variety of schemes in relation to how police forces train officers, and other training happens after people have gone through the initial induction period.
Finance and Sustainable Growth
Business Rates (Small Businesses)
To ask the Scottish Executive what progress has been made since June 2007 in relation to the abolition and reduction of business rates for small businesses. (S3O-512)
I have already made it clear that the Scottish Government shall announce our proposals for removing or reducing business rates for small businesses in Scotland following the comprehensive spending review. It is our intention to help the smallest businesses for which this will make the biggest difference.
Given that the proposal was included in the Scottish National Party's manifesto "A new approach: Our first steps", I was hoping for further and better particulars on the matter.
The member raises an interesting issue. The small business bonus will increase overall vibrancy in towns, which will bolster existing players. However, I am always keen to engage with business and to see more self-nominating clusters. If a self-nominating cluster of small retail businesses in that band wants to engage with me, my officials, the enterprise agencies and the Economy, Energy and Tourism Committee, I am more than happy to see what we can do to move things forward.
City of Edinburgh Council (Grant Allocation)
To ask the Scottish Executive whether it will make a special grant allocation to the City of Edinburgh Council to cover the financial deficit incurred by the previous administration. (S3O-453)
As a distinct corporate body, it is for the City of Edinburgh Council to decide how best to allocate all the resources that are available to it based on its local needs and priorities.
When I lodged the question last week, little did I know that the SNP group on the City of Edinburgh Council would do such a rapid U-turn on the council's school closure plans. In essence, those councillors are now going to come trooping to the cabinet secretary's door, asking him exactly the same question. If the City of Edinburgh Council is no longer going to make savings in its education budget, and the cabinet secretary is not going to allow the council to increase council tax rates, how can it deal with its inherited budget problem without cutting other council services—unless, of course, Mr Swinney stumps up? Given that it appears that the Scottish Government wants to tell SNP councillors in Edinburgh what to do about our schools, will the cabinet secretary tell them—and us—precisely how he proposes that they should square that financial circle?
That is a curious position for David McLetchie, as a Conservative, to adopt. I thought that he believed in the right of local authorities to take their own decisions and in the importance of public authorities such as the City of Edinburgh Council operating their services efficiently and sustainably. It is perfectly in order for the City of Edinburgh Council to come to its conclusions within its own financial arrangements.
Voluntary Sector Youth Groups (Funding)
To ask the Scottish Executive how it is supporting voluntary sector youth groups. (S3O-533)
The Scottish Government provides more than £3.5 million of funding annually to national voluntary youth work organisations to support their core costs. As a result of the youth work strategy, youth organisations have had access to an additional £8 million during 2007-08 for improving facilities and new projects.
I thank the minister for ably stating the good work that the previous Administration was doing in this field.
Before I answer the member's question, perhaps he will join me in congratulating Mrs Margie Moffat who, along with her husband, co-founded the travel chain AT Mays. She is reported in today's edition of The Scotsman as giving some £50 million to charity, which puts her in a leading philanthropic role in Scotland. It is reported that the charitable trust in question focuses on the area in which the member is interested:
Forth Crossing
To ask the Scottish Executive on what date a decision will be forthcoming about a replacement Forth crossing. (S3O-503)
Transport Scotland has been working over the summer to consider both the bridge and tunnel options. It has also been holding some very successful public information exhibitions. In parallel with those, further work on environmental and geophysical surveys, funding and legislative and procurement options is continuing. That work will inform a decision by ministers on the type and location of the crossing in the autumn.
In May, the Executive announced plans to remove tolls on the existing crossing. Immediately after that decision, the minister was contacted by both the Transport and General Workers Union and me, as we were interested to find out whether he would meet workers' representatives to discuss the issue. To date—this is very disappointing—he has refused to meet the union. In my experience, that lack of dialogue with workers' representatives is unprecedented since devolution. My question is simple: will he commit to meeting those workers in the near future to discuss their views on the future safe operation of the bridge, or will it be a lot quicker for the trade unions to buy a fringe ticket for the SNP's conference in October?
At the meetings that I had with both bridge boards, the agenda included the issue of the staff who are employed in collecting tolls. As employers, it is the boards' responsibility—and our urgent need—that they deal humanely and properly with the situation in which the employees find themselves.
This question has excited a lot of interest, so I cannot promise to call all members who want to ask a supplementary.
John Park's question refers to a "replacement" Forth crossing, presumably based on the assumption that the existing crossing might be closed to heavy goods vehicles at some point in the future. If the minister's intention is not simply to replace the crossing, will he endeavour to describe his proposals more accurately in future by referring to it as an additional Forth crossing?
It is a replacement crossing. We cannot allow unconstrained growth in traffic over the Forth. Our aim is to maintain traffic at 2006 levels for all modes.
I am very concerned that little recognition seems to have been given to the impact of a new crossing in West Lothian. Will the minister say when he last met representatives of West Lothian Council? Did they raise with him my concerns about the impact, which I know he will recognise, of a new crossing on villages such as Philipstoun, Newton and Winchburgh? The minister will be aware that I have written to him about the matter. Will he say how he intends to ensure that those villages are not affected badly, both during the construction phase and once the new crossing is open?
I agreed earlier this week to meet representatives of West Lothian Council and, indeed, the other councils that have an interest in any new crossing. I expect to deal appropriately with the matter that the member raises at that time.
In reaching a decision about whether to have a bridge or a tunnel, will the minister bear in mind that the number 1 priority for business in Fife and Tayside is that the gap must be closed between the possible closure of the bridge to HGVs in 2013 and the opening of a new crossing, which should happen in 2016? Will he make that the number 1 priority so that we can somehow telescope the timescale left to us as a legacy by the previous Government, which refused to take any action on the matter in November 2005?
Earlier this week, I met the Road Haulage Association and, in a separate meeting, the Freight Transport Association. They made clear their concerns about the choice of crossing and their input will form an important part of the decision-making process.
I thank the minister for his earlier explanation of the decision-making process on the physical nature of a new Forth crossing, but is he giving any consideration to the fiscal mechanisms that will be necessary to fund such a crossing? When will any decision on that be made?
The financing of the crossing is part of the overall consideration. I refer the member to my original answer, in which I spoke about further work on funding as part of the work that must be done before the decision can be taken to Cabinet and thereafter brought to Parliament.
Howat Review (Recommendations)
To ask the Scottish Executive whether it will provide an update on which of the Howat recommendations have been accepted. (S3O-485)
As I informed Parliament on 24 May 2007, the Government is considering the budget review recommendations as part of our preparations for strategic spending review 2007.
When Mr Swinney commented before on the Howat recommendations, he said that the Government would consider every recommendation in the report and he ruled out any change to the structure of Scottish Water. Will he confirm today that there will be no change to the age at which senior citizens can travel for free on buses throughout Scotland?
Mr Henry invites me to speculate on the contents of the Howat report, which, I remind him gently, was commissioned by the Labour Administration in the previous session. The Government will consider all the conclusions and recommendations in that report. I also gently remind him that one of the accusations levelled at us earlier this week by the Labour Party was about a potential budget choice that the Government might look at—namely, the future of fire control rooms. I do not need to remind him of his deep involvement in the possibility of a reduction in the number of fire control rooms, given that he said that a report was
I have already heard someone say today that we should look to the future, not to the past. I encourage the minister to do the same.
Recommendations in the Howat report refer to this subject. As I explained to Parliament some time ago, I put the report into the public domain to allow everyone, not just the Government, to be involved in the discussion about the choices that the report sets out. The Government will not proceed with many, many parts of the report—
Tell us which.
I say—again, gently—to Mr Henry that he will be told, but, like any orderly, efficient and responsible Government, we will make our decisions clear when the spending review is published. He would be the first to jump up and down if we did not do that.
Council Tax Freeze
To ask the Scottish Executive whether it will fully fund its intended council tax freeze. (S3O-496)
The Scottish Government's commitment to freeze the council tax at 2007-08 levels will be taken forward as part of the spending review, the outcome of which is expected to be announced later in the autumn.
Given that there is no timetable for a bill to abolish the council tax, will the cabinet secretary tell us whether he intends to pay for the council tax freeze every year until his proposed local earnings tax comes before Parliament?
As Mr McMahon knows, the Government will very shortly publish its consultation paper on the introduction of the local income tax, and all members—and, indeed, wider Scotland—will be able to respond to it and contribute to the debate. The issue that he raises is a material part of the implementation of this policy position—which, of course, will be subject to Parliament's agreement to the legislation.
The cabinet secretary has referred to his constructive discussions over the summer with COSLA and 18 local authorities. Did he share with them the commitment that the First Minister made yesterday that they would be expected to reduce to 18 class sizes in primaries 1 to 3 during this parliamentary session? If they are expected to deliver such a commitment, I wonder whether, given his desire for a council tax freeze, the cabinet secretary has in his discussions undertaken to fund fully such a reduction.
Those points will be very material in the settlement that we will reach with local authorities and, in fact, are quite central to the discussions about the policy changes that we wish to introduce.
So you did tell them.
The Government's commitment to reducing class sizes will come as no surprise; for months, everyone has been saying that it has brought a breath of fresh air into the debate. These issues all form part of our discussions with local authorities. Our focus is on ensuring that outcome agreements are in place so that we are aware of and can make judgments on the services that local authorities are taking forward on behalf of the Government.
Rail Service (Shotts)
To ask the Scottish Executive what steps it is taking to improve the rail service between Glasgow and Edinburgh via Shotts. (S3O-509)
Transport Scotland is leading work to provide firm proposals for the most cost-effective ways to improve reliability, bring down journey times and provide capacity for the expected continuing growth in rail passenger numbers between Edinburgh and Glasgow, including the Glasgow to Edinburgh via Shotts line. The results of that work will be reported to Parliament later this month and will be considered as part of the strategic transport projects review.
I am grateful to the minister for his response and I look forward to reading Transport Scotland's report next month. However, is he aware of the concerns of my constituents in Shotts who want to access the rail service? Does he agree that it is simply not good enough that residents in Shotts with physical disabilities are denied access to the rail service because their station is not disabled accessible? Will he confirm that work will be undertaken to end that situation?
Three for one.
That brings us to the end of themed questions.
On a point of order, Presiding Officer. During First Minister's questions today, I attributed a quote in error to Alan Meale MP, when the words concerned were actually those of Jason Rathbone, a gulf war veteran and campaigner. As this is the only way in which I can amend the record, I am seeking to do so at the earliest opportunity. However, Jason Rathbone's comments were fully endorsed by Alan Meale MP, whom I now appropriately quote as saying that our treatment of veterans is "a national disgrace".
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