Plenary, 28 Jun 2007

Meeting date: Thursday, June 28, 2007

Official Report 682KB pdf

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Question Time

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SCOTTISH EXECUTIVE

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General Questions

Question 1 was not lodged.

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Forth and Clyde Canal (Kirkintilloch)

I confess that I lodged my question because I was unsure which minister is responsible for canals.

To ask the Scottish Executive what action is being taken to develop and improve the canal network, in particular the Forth and Clyde canal at Kirkintilloch. (S3O-445)

Stewart Stevenson will put the member out of his agony.

I am indeed the minister who has the great pleasure of being responsible for canals.

British Waterways is working with local authorities and other partners to take action to develop and improve many parts of our canal network. Kirkintilloch provides a very good example of a community that is capitalising on the rebirth of the Forth and Clyde canal. More than £15 million is being invested there in canalside developments.

Well, now we know—that is very nice.

In a spirit of good will, I invite the minister to come in the summer to Kirkintilloch in the heart of my constituency—as he knows, it is the canal capital of Scotland—for the Kirkintilloch canal festival on 25 and 26 August. There, he can see for himself how that investment has been put to good use.

After the hurly-burly of trams and train links, I recommend that the minister focus on the more sedate mode of travel that canals provide, which can make a big contribution to the Scottish economy through tourism and trade. Canals carried freight before railways were invented and they could still carry freight today.

The member needs to get to the end of his question.

I hope that the minister has read "Scotland's Canals: an asset for the future". Will he ensure that canals continue to benefit from a share of Government spending in their infrastructure investment?

I thank the member for the invitation. I have communicated with British Waterways, whose annual general meeting is on 27 September, and I certainly hope to receive an invitation from it to visit a canal in the summer. Now that the member has given me the appropriate dates—25 and 26 August—I may encourage it to consider inviting me to Kirkintilloch.

Canals are an important part of tourism, travel and sustainable development. The member may care to know that in the most recent year, the Scottish Executive provided its highest level of funding to British Waterways Scotland for a considerable number of years. I have no reason to believe that the future will carry anything different but, of course, because of the comprehensive spending review, I am in the hands of the Cabinet Secretary for Finance and Sustainable Growth.

What plans does the minister have to ensure that there is a fixed link over or under the Caledonian canal at Tomnahurich in Inverness, so that there is a free flow of canal and road traffic at all times?

I am aware of local concerns about that issue. I understand that a working group that Highland Council heads and which is working closely with British Waterways is seeking to identify options. Because I am the minister with responsibility for planning, too, I do not wish to make a specific comment at this stage. However, I hope that the matter will be resolved speedily.

I have no wish to disrupt the consensual attitude in the chamber these days, but I must take issue with my colleague Dave Whitton. Maryhill is of course acknowledged as the capital for the canal in Scotland. Maryhill lock is a scheduled historic monument and we in Maryhill are particularly proud of it.

Joking aside, when the minister discusses such issues with British Waterways, will he take up the regeneration of the area around the Forth and Clyde canal in my constituency? The prospects for regeneration are huge, and the opportunities are immense for the communities that live around the canal, but progress has been very slow. There seems to be movement now, but I would be grateful if the minister took the issue up with British Waterways.

I am happy to do that. One of my favourite books used to be "Para Handy", so Bowling—which is, at least, near Glasgow if not in Maryhill—is close to my heart. I will raise the point that the member makes when I meet British Waterways.

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Spousal Witnesses (Compellability)

To ask the Scottish Executive what plans it has to ensure the compellability of spousal witnesses during trials. (S3O-411)

The Executive consulted last summer on the options for reform in this area of the law but drew very few responses. Under the law as it stands, one spouse cannot be compelled to give evidence against the other spouse who is accused of a crime but can be so compelled when the offence is committed against them. The law is set out in section 264 of the Criminal Procedure (Scotland) Act 1995. I will consider the issue in more detail before deciding whether it should be included in any future legislation.

Does the minister agree that there is evidence of partners marrying each other simply to avoid giving evidence in some of the most serious criminal cases? If he gives the issue consideration, will he also have regard to the fact that legislation exists south of the border to compel spouses to give evidence? That is an example that we should follow.

I am aware of the member's interest in the matter, which she has pursued with vigour. As I said in answer to her first question, I will consider the issue carefully, although I need to prioritise it along with many other competing issues. It is my view that the principal parental duty is to protect the child from harm, whatever vows someone may have taken in a church or civil ceremony and that there is therefore merit in considering the legal changes that have been implemented south of the border.

Notwithstanding the genuine points that Helen Eadie makes, does the minister agree that, in general, the matter will have to be considered deeply because such legislation could bring with it more problems than it resolves?

Absolutely. That is one of the reasons why the previous Administration was rather despondent at the failure to receive sufficient responses. Nevertheless, this is a matter that we are happy to consider.

I agree that there could be problems if we made the spouse compellable in every situation. Also, we live in a society that is changing and we must balance this issue with other competing legislative claims. However, I have sympathy with the point that Ms Eadie makes. The primary duty of a parent is to protect their child from harm, irrespective of who has perpetrated the harm. There is something manifestly wrong and unjust when somebody marries to evade their responsibility. That is an area that we will consider. One of the options that was consulted on—as Ms Eadie correctly states—is the situation that exists south of the border. However, we do not have a blanket provision under which a spouse is not compellable, as we have opened it up to deal with domestic violence and other such matters.

We must consider how we protect our children. There is something manifestly wrong in someone seeking to evade justice by marrying the principal witness, whose principal duty should be to protect the child from harm.

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Northern Ireland Agreement

To ask the Scottish Executive how the recently signed agreement between the First Minister and representatives of the Northern Ireland Assembly will benefit Scotland. (S3O-394)

Scotland's relationship with Northern Ireland is already good. It is the Government's intention to strengthen and develop our links for mutual benefit and common interest.

What work is under way to meet those objectives?

Senior officials in Scotland and Northern Ireland have been asked to draw up proposals for developing our co-operation as a matter of priority. On the basis of our discussions and the terms of our agreement, we will work together to raise awareness of each other's history and culture and to encourage education programmes that build on existing links between our universities and colleges. We will collaborate on tourism through the tourism group of the British-Irish Council. Renewable energy and its effects on the environment are of interest to us all. We also want to strengthen co-operation between the devolved Administrations. We have agreed that we will review progress in all those areas by the end of the year.

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Island Councils (Funding)

To ask the Scottish Executive whether it will review the allocation of funding for the three island councils. (S3O-371)

The allocation of funding for all councils is kept under constant review. I am always open to suggestions for possible improvements to the distribution formula.

Given that Shetland Islands Council and Western Isles Council receive respectively £600 and £700 more per head of population than Orkney Islands Council, does the cabinet secretary agree that, rather than just a constant review or a quick glance, we need a root-and-branch review of that historical disparity in local government funding?

I assure Mary Scanlon that there will be no quick glances by this Administration. The issues are kept under constant review.

Mary Scanlon correctly identifies the disparity in per capita funding between the £3,118 that Orkney Islands Council receives and the funding that Shetland Islands Council and Western Isles Council receive, which is more than £3,700. There has been an increase in funding for Orkney Islands Council that has reached 5 per cent more than that for Shetland Islands Council and Western Isles Council over the period from 2005 to 2008. Nevertheless, there is still a disparity. As I said in my earlier answer, we are always happy to consider such issues. I expect to visit the Orkney Islands over the summer recess, and I suspect that the issue will be raised with me then.

In the light of that question and answer, and in the light of the Government's enthusiasm for vertical integration and co-operation between services, does the Government intend to take advantage of the coterminosity of many agencies in the islands to pursue its agenda of reducing clutter in government in Scotland?

There is a helpful suggestion in Alasdair Allan's question. There are great advantages in all the island authorities bringing together the ways in which public services are delivered and drawing together the sharing of services and the design of the delivery and management of public services. I have approved an interesting project in Orkney, which involves collaboration on sharing services between Orkney Islands Council and NHS Orkney. I will observe with interest the progress of that initiative, which identifies a number of relevant issues for all the island authorities.

I know from my discussions with the cabinet secretary that he is aware of the great concern that is felt in Orkney about the disparity in per capita funding between the three island authorities, all of which face the same challenges in delivering vital public services across a large number of islands. Will he urge his officials to make early contact with Orkney Islands Council to prepare the ground ahead of his visit to my constituency, so that progress can be made towards a more equitable solution as quickly as possible?

I assure Mr McArthur that there is no need to embark on discussions with Orkney Islands Council on the subject, as the chief executive of the local authority spoke to me on Tuesday at a major public service event that was addressed by the First Minister. He spoke to me about this and several other issues, and I look forward to discussing the matter further.

There are no easy answers. The funding arrangements operate according to different formulae, and if we amend different parts of the formulae, there will be consequences in different parts of the country. I assure members that the issue is being actively examined.

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Land Management

To ask the Scottish Executive whether it will examine the Title Conditions (Scotland) Act 2003 and other legislation as appropriate to ensure that home owners have protection and recourse from land management companies that have sole rights to manage land. (S3O-397)

It is clearly important for the amenity of housing developments that common areas of land are well managed and maintained. The Title Conditions (Scotland) Act 2003 provides a legal framework for the conditions found in title deeds, but house purchasers and their legal advisers should ensure that there are adequate arrangements in the title deeds for the management and maintenance of common areas when buying property. Similarly, home owners should seek legal advice as to whether land management companies are meeting their obligations under the title deeds or other contractual arrangements.

I thank the minister for his answer but, with respect, I press him to state today or undertake to consider further what he can do to assist the 1,000 residents throughout West Lothian whose title deeds bind them indefinitely to the land management company Greenbelt, which, according to my constituents, is woefully failing to deliver a service for which they are forced to pay. Neither the law nor their title deeds appear to offer any easily identifiable, accessible or affordable solution. Perhaps the minister will agree to meet me to discuss the issue further, given that it is complicated.

I am grateful to Angela Constance for raising the issue—she is quite right to do so. Although the Scottish Government cannot intervene in matters of private contract dispute, it is nonetheless absolutely clear from Angela Constance's representations and from sporadic complaints that the previous Scottish Executive received from members of various parties that the problem is serious. The Scottish Government recognises that poorly managed or neglected open spaces not only fail to meet the needs of communities but can inhibit regeneration and development. I would be happy to meet the member to hear more specific details. If any other member of any party wants to make representations to me about Greenbelt, I would be happy to meet them.

The minister might be aware that I have written to the Cabinet Secretary for Finance and Sustainable Growth about this matter—I look forward to his reply. When decisions on land management are being made, can house builders be made to accept their responsibility to home buyers such as my constituents in Armadale and Bathgate, who are the customers of Greenbelt, by ensuring that home buyers have some say over who the land management company is and by creating a contract that ensures that home owners have redress should the company not fulfil its obligations?

As the member knows, those are, in essence, matters to be dealt with between the purchasers of properties, their lawyers and the developers. Mary Mulligan, like Angela Constance, highlights an issue of concern throughout Scotland. Therefore, although the Executive cannot intervene in individual cases, I am extremely concerned to explore exactly what the company is doing to discharge its obligations. The fact that two members of different parties have raised the issue indicates the strength of feeling about it. I will ensure that the company is made aware of this discussion and that the matter is taken forward.

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Broadcasting

To ask the Scottish Executive whether it intends to meet BBC Scotland and the ITV companies to discuss future plans for broadcasting in Scotland. (S3O-369)

I declare an interest as a shareholder in the Scottish Media Group.

I intend to meet representatives from BBC Scotland and SMG in the near future.

Although I accept that broadcasting is reserved, will the minister ask BBC Scotland and ITV why they have slashed budgets for current affairs television programmes in Scotland by 40 per cent between 2001 and 2006 against a 10 per cent cut in the United Kingdom as a whole? Will she also get answers as to why, two years after it was first announced, there is still no launch date for the new Gaelic television channel, which she will be aware is partially funded by the Scottish Executive?

The full details of what I intend to discuss at those meetings have not been finalised, but I will be pleased to raise those issues, which would be raised anyway, and any others that members would like to raise. On the first part of the question, I am aware that the Office of Communications report showed that Scotland's contribution to the UK network originations has fallen by half over the past three years by both value and volume. I am concerned about that, so I will certainly raise the issue as well as pointing out the importance of the dedicated channel for Gaelic.