Meeting of the Parliament

Meeting date: Wednesday, May 1, 2013

Official Report 772KB pdf

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Portfolio Question Time

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Rural Affairs and the Environment

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Carbon Emissions (Transport)

1. To ask the Scottish Government what discussions the Cabinet Secretary for Rural Affairs and the Environment has had with the Cabinet Secretary for Infrastructure, Investment and Cities about action to reduce carbon emissions from transport. (S4O-02045)

I led discussions about emissions reductions and the draft second report on proposals and policies at meetings of the Scottish Cabinet earlier this year. During the discussions, I agreed with the Cabinet Secretary for Infrastructure, Investment and Cities a package of measures to help to reduce carbon emissions from transport.

I am sure that the cabinet secretary agrees that if we are ever to meet our transport carbon emissions reduction targets we need significant modal shift from the private car to public transport.

Most public transport journeys, especially in rural areas, are undertaken by bus, and bus passenger numbers continue on trend to fall. If we are to achieve a significant modal shift towards buses, we need more bus services, in which passengers can have more confidence. Will the cabinet secretary consider my proposal for a bus regulation (Scotland) bill, the consultation document for which was published today? Will he support such a measure to improve our bus services?

The Government is always interested in ideas that might improve bus services and is looking at such ideas through the bus stakeholder group. In that context, we will study Iain Gray’s proposed bill in great detail. I hope that Scotland’s local authorities, which are largely responsible for delivering local bus services, are listening closely to his comments.

I am thankful that emissions from transport have reduced by 1 per cent per year for three years in a row since 2010. Things are going in the right direction, but there is a big challenge out there. As Iain Gray pointed out, the more people who use buses, the better, in terms of reducing emissions in Scotland.

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Owner-occupier Decrofting

2. To ask the Scottish Government when it will bring forward proposals to amend the Crofting Reform (Scotland) Act 2010 to allow owner-occupier decrofting. (S4O-02046)

The Scottish Government hopes to bring forward in the very near future proposed legislation to address owner-occupier crofter decrofting. I have been exploring the means by which we will be able to resolve, by the summer recess, the decrofting difficulties that owner-occupier crofters face.

I am grateful that the proposals mean that legislation will be passed by the summer recess, if I understood the minister correctly. This morning I had a communication from constituents in Shetland, who pointed out that they cannot get a mortgage deal that expires in August this year because they have no title to the plot that they need, as a result of the decrofting shambles. Is not it time that the matter was resolved? My constituents are not alone; many other people in the crofting counties face the problem, which goes on and on.

I recognise the difficulties that people such as Tavish Scott’s constituents are suffering at the moment. The Government has set out its desire to resolve the issue and, with the will of Parliament and cross-party support, I think that we can do so by the summer recess.

We have had a clear steer from Registers of Scotland that title is not affected. There is an issue with standard securities—as, I am sure, Tavish Scott is aware—but title should not be affected at this stage.

I welcome the commitment to get legislation through Parliament before the summer recess. People are waiting to purchase ground on which to build; a constituent of mine is looking at a summer let option, about which I have written to the minister. Is it possible to proceed with such purchases—at least to a point at which missives are settled—before the legislation goes through, so that people can plan and make progress?

The particular circumstances that Rhoda Grant has outlined are difficult. Individuals have to proceed with caution, bearing it in mind that whether the legislation will be passed will be at the will of Parliament. I hope that we will have cross-party support for the measures that we will soon introduce.

I have asked the Crofting Commission to process as far as it possibly can the applications that have come in, so that when the legislative measures are in place it will be able to process the remaining applications as quickly as possible and minimise the delays that people might face.

Under the Crofting Reform (Scotland) Act 2010, crofters were told that they would have to pay around £90 or £100 for registration. It now transpires that they are being charged anywhere between £250 and £400 for global positioning system surveys, which is taking the cost nearer to £500. Will the minister comment on that, and can he offer any help to crofters?

That is a different issue to the one that has been raised by other members, but I am more than happy to discuss with Mr McGrigor any evidence that he has about the costs that people are facing.

The Government is using the voluntary registration process to encourage as many registrations as possible and has offered a discount until the register becomes mandatory in November. I would certainly welcome any evidence with which the member can provide me.

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Agricultural Workers (Melanoma Screening)

3. To ask the Scottish Government what discussions the Cabinet Secretary for Rural Affairs and the Environment has had with the Cabinet Secretary for Health and Wellbeing regarding establishing melanoma screening programmes for people working in agriculture. (S4O-02047)

The United Kingdom national screening committee, which advises all four UK Administrations on health screening programmes, does not recommend that a specific melanoma screening programme should be implemented. The Scottish Government is, however, determined to address all forms of cancer and although farm workers are not singled out, they would be covered by wider initiatives including Cancer Research UK’s sunsmart campaign and the Scottish Government’s detect cancer early programme.

We know that people in agricultural industries and other outdoor workers are much more at risk because of their high levels of exposure to the sun. Tomorrow, following an initiative by a constituent, Hazel Carnegie, the NFU Scotland and NHS Grampian are joining forces to host a molewatch event at Thainstone mart in Inverurie. Does the cabinet secretary agree that much more could be done to raise awareness among farmers about prevention and early detection? Will he work with the Cabinet Secretary for Health and Wellbeing and the NFUS to build on that initiative? In particular, will he look at the scope for developing an information roadshow that could tour the summer agricultural shows?

I thank Alison McInnes for raising such an important issue in the chamber. I agree with the sentiments behind what she says, despite the fact that there is no specific evidence that agricultural workers are at increased risk. I also congratulate the NFUS and NHS Grampian on their initiative, and acknowledge that Alison McInnes has an interest in the issue. If I can do anything to help to raise awareness among agricultural workers of the general issue, I would be happy to do that.

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Bees (Health)

4. To ask the Scottish Government what steps it is taking to safeguard the health of the bee population. (S4O-02048)

We are taking a number of steps to safeguard the health of the bee population in Scotland. I have announced £200,000 to support restocking by bee farmers, following this winter’s heavy losses. I will also work with stakeholders on the European Commission’s decision to ban the use of neonicotinoids and support further research into pesticide use and the health of bee populations in Scotland and elsewhere.

We have also carried out the first Scotland-wide honey bee health survey to give us a better understanding of diseases and husbandry factors that affect honey bee health in Scotland, and we continue to work closely with the honey bee sector to implement Scotland’s first ever honey bee health strategy, which the Government published in 2010.

In his answer, the cabinet secretary has more or less replied to the next question that I was going to ask. He will be aware that bee farmers estimate that around 4,000 colonies were lost during the prolonged winter weather. What further support will the Scottish Government give on top of the money he has just spoken about?

We can all accept that there is now an increased focus on the health of bee populations in this country and across Europe. The issue is of concern to us all, especially given its implications for biodiversity, food and the wider environment.

The beekeepers and others whom I speak to who have an interest in the issue say that the biggest factors that have affected bee populations in recent years are disease—a lot of work, to which I have referred, is being done on that—and the weather, which is perhaps outwith our control. We are trying to deal with the consequences. The role of pesticides must also be analysed.

The Rural Affairs, Climate Change and Environment Committee has been keeping a close eye on the issue. I ask the cabinet secretary to ensure that the public gets sight of scientific evidence of the effects on bees and other pollinators, of the chemicals that were used before the introduction of efficient neonicotinoids, so that a solution to the pesticide effect on pollinators can be found.

I have referred to the fact that we want to carry out more research. One of my concerns is that although beekeepers accept that the science on the impact of neonicotinoids is inconclusive, they are expressing concern to me that some alternatives that may be used could be worse. That justifies greater focus on the science by Parliament, by me as a minister, and by my ministerial colleagues throughout Europe, in order to gain a better understanding of the factors that impact on bee populations and of what we can influence and do constructively to address that.

I appreciate that it is an emotive debate for many people, but I hope that we all accept that there is wide concern among all parties in Parliament about the health of bee populations. We must ensure that the public are made aware of the factors and that the parliamentary committees work together on the issue.

With regard to neonicotinoids, the Scottish Government was unwilling to adopt the precautionary principle, which states:

“Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.”

What steps will the Government take to ensure that Scotland is in a position to impose a ban from December 2013, in accordance with this week’s European Union decision?

I suspected that Alison Johnstone might stand up and try to sting me on this issue.

However, she raises a serious subject. If she looks closely at my comments from over the past few days, she will see that I differentiated the Scottish Government’s position from the position of the UK Department for Environment, Food and Rural Affairs, and said that the lack of conclusive scientific evidence is not a reason for not implementing the necessary restrictions. There was a debate about the implementation date of such restrictions, but my position was different from the hard-line position that DEFRA adopted. That is an important point, especially given the wide representations that I was receiving from all sectors, which I had to take into account.

However, we have the date of 1 December by which time the ban must be implemented, and we are willing to implement that. It gives us a wee bit of a breathing space, which we can, I hope, use for better science. A wide range of other factors must be taken into account.

We will ensure that the ban is put in place and we will support the necessary science to ensure that we address the wider issues at the same time.

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Ash Dieback

5. To ask the Scottish Government whether it will provide an update on ash dieback in Scotland. (S4O-02049)

We wrote to the Rural Affairs, Climate Change and Environment Committee with an update about recent developments regarding tree health in Scotland, including Chalara—or ash dieback, as it is known—on 18 April. A copy of that letter is available on the Parliament’s website, in the committee’s general correspondence section. Since then, we have announced that financial support will be available to help to meet the costs of removal and destruction of infected recently planted ash trees in the sheltered and buffer areas of north-west Scotland that have been identified in the Chalara action plan for Scotland. Support will also be provided for replanting such sites with alternative tree species.

The minister will be aware of research that was published last week by the University of Edinburgh that shows that 90 per cent of trees in the United Kingdom will be infected by the disease. There are real concerns that it will aggravate the effects of climate change. It has been reported that experts at a recent Scottish Government summit proposed the introduction of protection zones. Is that a policy that the Government will pursue? Given the potential impact of the loss of trees on climate change, and given concerns about other fungal diseases, is that being taken into consideration in redrafting the report on policies and proposals?

On the first point about the research evidence from Edinburgh university, it is worth stating that people are portraying the situation as being the end of the ash tree in Scotland. That is not the case. Numbers will diminish over the next couple of decades and the disease may affect up to 90 per cent of ash trees—a figure that has been misinterpreted by some newspapers, although I appreciate that Claire Baker has not got it wrong in that sense. Mature trees can survive for 10 to 20 years and may not die at all. Some will also be resistant to the disease. We are using this phase to try to identify the trees that are naturally resistant so that we can take seeds from them and develop new strains of ash tree that may be more resistant.

The Chalara disease often does not kill mature trees at all. It is the secondary fungal infections that kill the tree, so that is an area that we will consider.

As I said in my original answer, we are implementing the buffer zone and sheltered areas in the north-west of Scotland. We have announced funding to help to remove infected trees from those areas, in order to ensure that we keep those areas free of infected sites, which will give us time to do the research to try to develop other strains. The tree health strategy is looking at other fungal infections and other pathogens—Dothistroma and Phytophthora ramorum, in particular.

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Carbon Emissions (Glasgow)

6. To ask the Scottish Government what action it is taking to reduce carbon emissions in Glasgow. (S4O-02050)

The Scottish Government’s second climate change report on proposals and policies was published in draft in January and sets out how Scotland can deliver its statutory annual targets for greenhouse gas emissions reductions, including carbon dioxide, for the period 2013 to 2027. Action throughout the public sector, investment from the private sector and steps taken by households and individuals will all be important in meeting our emissions targets, as will the contributions from our rural communities and urban centres such as Glasgow.

For example, through the zero waste Scotland programme, we are providing support to Glasgow City Council to increase recycling rates and reduce landfill-related emissions. In particular, we are supporting a roll-out of food waste collections to 40,000 Glasgow households this year with a view to city-wide roll-out before 2016. We are also supporting Glasgow City Council, through sustainable Glasgow, to roll out a heat map for the city and have provided funding to support demonstration district heating projects, including £1.5 million to extend Cube Housing Association’s district heating scheme at Wyndford estate to over 200 private owners.

I thank the minister for that response, most of which was welcome.

I congratulate Glasgow City Council on the progress that it has made in reducing the carbon emissions from its buildings. In 2011-12, it reduced those emissions by 16,000 tonnes. However, I am keen to learn what private industry is managing to achieve across Scotland, and what support the Scottish Government is providing in that area. Given that the Government failed to achieve its targets last year, what extra emphasis has been laid on helping private industry to achieve those targets?

To correct Mr Malik, the target was missed in 2010, not last year—we do not have last year’s data yet.

On the more substantive point, the 2020 group is working with Government and other partners across Scotland to identify ways in which business can address its emissions. That is leading to positive developments by a number of our major companies. Business is only one of a number of sectors in RPP2, but it is one in which there has been a good degree of progress.

I am happy to meet Mr Malik to discuss any ideas that he might have for a lowering emissions in Glasgow, as I recognise the significant issues that that presents.

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Assistance to Farmers (Cold Weather)

7. To ask the Scottish Government what assistance it is providing to farmers adversely affected by the recent cold weather. (S4O-02051)

In the past few weeks, I have been keeping Parliament informed of the Scottish Government’s efforts on behalf of farmers who have been affected by the extreme weather. We have delivered practical help during and after the worst snowstorms, including £500,000 of financial help towards the cost of fallen stock disposal.

Last week, I told Parliament that I was looking into what other support might be possible, and I am delighted to announce today a further weather aid package of £6 million. Clearly, the priority for that package will be the farms in the south-west that were most affected by the extreme weather of late March. However, I am aware that many farmers across Scotland have been affected by the poor weather of 2012 and early 2013. Some have potentially suffered substantial loss of income, and we know that the number of fallen stock collections for sheep is up by 50 per cent in April compared to April last year, and up by 25 per cent for cattle.

I intend to set up a Government-industry group to set the eligibility criteria, and I hope that the first meeting will take place in the next few days.

I hope that that demonstrates that the Government is willing to stand by our farmers in their hour of need and help them to cope with the aftermath of what was some of the worst weather in living memory.

I welcome that answer. This past year has brought record rainfalls, record low yields of foraging grain and a long, cold spring, resulting in little grass and heavy, drifting snowstorms in my region, and sandstorms in the cabinet secretary’s constituency, both of which have resulted in the tragic loss of livestock.

The cabinet secretary mentioned that the support would be available in certain areas. Will he expand on that? Will it be targeted by parish or by need? There have been extreme cases where there have been tragic losses on particular holdings but there has not been an impact at a parish level.

I welcome Jim Hume’s welcome for the investment that I announced. His question highlights the complexity of the situation. As the severity of the impact of the weather is different in different parts of the country, the priority is to help those who are most affected by the severe weather, which will be in a few areas of Scotland. I will ask the working group that we are setting up with the industry—which, I hope, will meet in the coming days—to consider how we can help the rest of the sector. The budget is only £6 million and the cost of the impact of the weather may well be tens of millions of pounds throughout the country, but we are still measuring that cost and the industry is helping us with that.

I am grateful to the cabinet secretary for his announcement. My constituents will greatly welcome it.

I have received a number of calls from the wives and partners of farmers and shepherds in my constituency raising concerns about their partners’ mental wellbeing in the wake of the devastating impact of the recent snows on sheep flocks in particular throughout Galloway and other parts of Scotland. Is the cabinet secretary liaising with, or, if he is not, will he liaise with, his ministerial colleagues and the relevant charities and agencies to ensure that the necessary support is available to those people whenever and wherever a need for it is identified?

Alex Fergusson raises an important issue, which is the social and health impact of the weather on the lives of farming families throughout Scotland. It is taking its toll in terms of the stress that many people are going through currently. He will also remember that we gave £50,000 assistance to one of the key charities working on that issue back in February. We continue to work closely with the charities that are most able to help the families who are affected in the farming communities. I will make a point of speaking to health colleagues in the Government to ensure that they, in turn, speak to the health authorities in the areas that are most affected.

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Justice and the Law Officers

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Police Officers (Numbers)

1. To ask the Scottish Government whether it plans to reduce the number of police officers in order to meet budget savings targets. (S4O-02055)

We are committed to maintaining 1,000 additional police officers in Scotland, with the figure of 17,436 officers as at 31 December 2012 surpassing the 1,000 extra officers pledge. That has helped to deliver a 37-year low in recorded crime: violent crime has decreased by 17 per cent in the past year to a 30-year low; the number of recorded crimes of carrying offensive weapons is at an 18-year low; and gun crime is at its lowest level for 34 years, having decreased by 21 per cent in 2011-12.

On 4 February, Stephen House told Aberdeen’s Evening Express:

“I do not think we can keep the number of officers the same and meet the budget savings.”

Who should we believe: Stephen House or Kenny MacAskill?

Stephen House has made his position quite clear: the financial challenges are significant for the police. After all, they come from the coalition Government south of the border imposing huge and swingeing cuts on the Scottish budget. Of course, Ms Dugdale and her colleagues prefer to campaign in the better together campaign with the Tories and Liberal Democrats than to preserve fundamental services such as police.

I assure the member that Chief Constable House is confident that we will be able to maintain the police numbers pledge and that the police will continue to do the outstanding job that they have done throughout their existence, as I am certain they will.

I welcome the cabinet secretary’s commitment to maintaining police numbers despite the United Kingdom Government’s cuts. He will be aware of the Home Office’s refusal to commit to funding the policing costs of the Liberal Democrat conference that will take place in Glasgow in September despite funding such costs when conferences take place in England. I find that quite bizarre. Does the cabinet secretary agree with me that all parties should support calls for the Home Office to treat Scotland equally in that matter?

Yes. I wrote to the Home Secretary on 11 March about the funding arrangements for the Liberal Democrats’ annual conference in Glasgow this September. This morning, I received a reply from Theresa May, who has declined to meet the full policing costs of the conference. The Police Service of Scotland should not face an additional funding pressure because a national party conference is taking place in Scotland. I do not propose to let the matter rest, and I will be taking it up with the UK Government. That is not how such matters are treated if the conference is in Bournemouth, Brighton or Blackpool, and I think that the council tax payers and citizens of Glasgow are entitled to parity.

Question 2, from James Kelly, has been withdrawn, for understandable reasons.

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Cashback for Communities

3. To ask the Scottish Government what support Dumfries and Galloway has received from the cashback for communities scheme. (S4O-02057)

Since 2007, the cashback programme has invested more than £50 million from the proceeds of crime throughout Scotland, which has benefited more than 600,000 young people. Young people from communities in Dumfries and Galloway have benefited from more than £1.1 million of that investment, which has provided a broad range of activities for young people as well as new and improved sporting facilities, including a new, state-of-the-art 3G pitch at Annan Athletic Football Club and Dumfries’s first 3G football and rugby pitch, at Dumfries high school, which I had the pleasure of opening last month.

Could the cabinet secretary provide us with a breakdown of the amount that has been confiscated from criminals on a yearly basis? Does that show an upward trend from 2007, when the Scottish National Party Government introduced cashback?

It does show an upward trend, although sometimes the figures can be skewed by particularly large amounts that come in. In 2007-08, the amount was £5.6 million; in 2008-09, it was £6.3 million; in 2009-10, it was £5.5 million; in 2010-11 it was almost £26 million—although one particular matter added to that figure; in 2011-12, it was £10.5 million; and in 2012-13 it was £12.15 million. I pay particular tribute to the Crown Office and Procurator Fiscal Service—the Solicitor General is present in the chamber—and to the Police Service of Scotland. It was a pleasure to attend a briefing from Police Scotland at St Leonards police office this morning, where more than £170,000 of cash was taken from eastern Edinburgh.

Who decides the allocation of cashback funds? What criteria are applied in deciding on the allocation? Do the criteria ensure proportional allocation across Scotland or allocations to the areas that are most affected by organised crime, or are some other criteria used?

We have always taken the view that areas that are significantly impacted, whether by organised crime or by poverty and deprivation, should receive some additional funding. However, the Administration has never taken the view that some people have—not Mr Pearson, but perhaps some of his colleagues, who seem to suggest that some areas should be deliberately excluded.

I have been more than happy to attend, for example, the opening of a 3G pitch in Brora. I was told that the crime rate there was one of the lowest in Scotland, but I pointed out what a perverse world we would be living in if a community where children do not misbehave should be precluded from obtaining funds to allow them to improve their life chances. We take such factors into account, and we provide an appropriate balance between those areas that are most affected and others, ensuring that every child in Scotland, no matter what their postcode, should be able to achieve their full potential.

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Quad Bikes (Seizure)

4. To ask the Scottish Government how many quad bikes have been seized by police under the Antisocial Behaviour etc (Scotland) Act 2004. (S4O-02058)

Figures on the Scottish Government website detail the numbers of vehicles that individual police forces seized under the provisions of the Antisocial Behaviour etc (Scotland) Act 2004. Those figures cover the period from October 2004 to March 2008, although they do not detail the types of vehicles that were seized.

Although we have not collected figures since 2008, Police Scotland has advised that the former Strathclyde Police seized a total of 23 vehicles from April 2011, including one quad bike and three off-road bikes, using the provisions of the 2004 act.

I draw the minister’s attention to the large number of complaints that I have received in my constituency concerning off-road quad bikes. I recognise the challenges that the police face in detecting the individuals who use them. Will the minister consider introducing an off-road quad bike register, which would assist the police in detecting the individuals who own the bikes and help to deal with the concerns that a number of community members have raised with me in connection with the antisocial use of quad bikes?

I am well aware that the member has a particular interest in the matter; I know that he has been pursuing issues related to the misuse of quad bikes for some time.

I would be happy to take on board the suggestion that the member has made. We would possibly have to check whether we could do what he suggests, because the information would have to come from the Driver and Vehicle Licensing Agency and I am not quite sure how that would work. However, I am happy to discuss the matter with the member if he wishes.

I am also aware that Police Scotland is developing a city-wide initiative to tackle the issue ahead of the summer holidays because, for obvious reasons, the misuse of quad bikes tends to be a seasonal issue. However, I am happy to discuss any suggestion that the member may have in respect of the behaviour in question.

Question 5, in the name of David Torrance, has not been lodged. The member has provided an explanation and I am satisfied with it.

Question 6, in the name of Colin Keir, has not been lodged. The member has provided an explanation and I am not happy with it.

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Police (Civilian Staff)

7. To ask the Scottish Government what steps it is taking to prevent the backfilling of civilian staff posts by police officers. (S4O-02061)

The deployment of officers is a matter for the Police Service of Scotland. Chief Constable House is clear that backfilling will not routinely happen, and indeed it would be counterproductive. As Chief Constable House has repeatedly said, there is no strategy predicated on support staff roles being backfilled by police officers. He and I want as many officers as possible to be on the streets in operational roles.

In the cabinet secretary’s answer to Kezia Dugdale, he mentioned the 1,000 extra police officers, but he will be aware of the 977 fewer police staff in the past two years. George McIrvine, Unison branch secretary, said:

“We have been told for two years by the employers and the Scottish Government that they are not backfilling posts, but they are. There is backfilling in control rooms, in custody and in project work ... the veneer of effective policing is cracking.”

Just a few weeks ago, Unison members told members of this Parliament, including SNP back benchers, the same thing in a committee room of this Parliament. Were those Unison members confused about what is going on in police control rooms or were they fibbing?

First of all, let us deal with some of the hypocrisy that comes from Labour. [Interruption.]

Order.

Labour supports a single police service in Scotland. Indeed, despite the sedentary comments from Ms Marra, Labour actually supported a single service even before this Government came to that position. The consequence of having a single service has always been that we would not be able to continue having eight chief constables or the duplication in back-office matters that has gone on across not just eight but 10 police organisations.

The Government has given a clear view that we are grateful for the service that has been given. We accept that not everybody can be provided with a job, whether as a chief constable or in back-room services such as human resources or anything else. However, we have made sure that there is a voluntary redundancy scheme and that there are no compulsory redundancies.

It is about time that Labour recognised that its support for a single service has had consequences. It should be grateful that this Government, unlike the one that it campaigns for with the coalition south of the border, does not impose compulsory redundancies.

On matters related to backfilling, maybe Mr Smith should go and meet Chief Constable House so that he can personally reassure him regarding his pledge, his commitment and what is happening on the ground.

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Illegal Drugs (Seizure)

8. To ask the Scottish Government what progress it is making on seizing illegal drugs. (S4O-02062)

Recent statistics that were published on 23 April demonstrate that our law enforcers are making good progress on seizing illegal drugs in Scotland. The statistics show that, during 2011-12, officers in Scotland’s police forces carried out 29,509 drug seizures, which represents an increase of 10.5 per cent on the previous year.

I welcome the progress that has been made. Will the minister set out what progress has been made specifically on tackling the illicit trade in methadone?

Methadone poses a particular problem. As members will probably be aware, it is not subject to importation issues in the way that many other illegal drugs are, and there are no thefts of methadone from pharmacists and carriers. Most of the illicit methadone trade appears to take place between individuals.

One issue that will be considered by the chief medical officer’s expert group, which was set up towards the end of last year, relates to concerns about the prescribing of methadone and the extent to which that is robust as a result of the decisions that are made about how individuals can access it. We hope that, when the report is published, there may be some pointers to the way ahead in respect of the illicit use of methadone.

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Stonehaven Sheriff Court (Closure)

9. To ask the Scottish Government what account it took of the local economy as well as access to justice in reaching the decision to close Stonehaven sheriff court. (S4O-02063)

The Government has indeed considered the local economy as well as access to justice in relation to the closure of Stonehaven and other sheriff courts.

Ministers are aware that there may be a limited economic impact in the area around Stonehaven sheriff court following the relocation of the six Scottish Court Service staff who are currently employed there, the sheriffs themselves and those attending court.

However, the proposals will not reduce the overall levels of activity in Scotland’s courts. As those will stay the same, the overall economic impact of the proposals at an all-Scotland level should be broadly neutral. In Stonehaven, the closure of the court will permit all or part of those premises to be put to other uses, which will provide the opportunity to offset, in part or completely, any local reduction in economic activity.

In making the decision to close Stonehaven sheriff court, why did the cabinet secretary discount the view that was expressed by the Federation of Small Businesses? It said:

“closing these ... courts will hit footfall and ... put ... pressure on existing businesses”.

Is it not the case that closing the court in Stonehaven means even more business for the court in Aberdeen, from which business has previously been transferred because of pressures on capacity?

We took on board the FSB’s views, as we do all the time. Equally, as I said in my answer to Richard Baker’s initial question—which he seemed to ignore—there will be a broadly neutral impact across the country because business is being relocated, in this case to Aberdeen.

The specific challenges facing Aberdeen were taken on board. However, the low volume of work coming from Stonehaven will not impact adversely on those arrangements. It may be of interest to Mr Baker that the volume that we are talking about comprises one summary criminal case, one ordinary action and two summary causes every day. That is perfectly capable of being accommodated in the larger sheriff court in Aberdeen.

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Kerb Crawling (Prosecutions)

10. To ask the Scottish Government how many men were convicted of kerb crawling under the Prostitution (Public Places) (Scotland) Act 2007 in the last year for which information is available. (S4O-02064)

Kerb crawling, as it is commonly known, is an offence and is prosecuted under section 1 of the Prostitution (Public Places) (Scotland) Act 2007. That act created two offences, of soliciting and of loitering in a public place for the purpose of obtaining the services of someone engaged in prostitution.

In 2011-12, 77 men were convicted of offences under section 1 of the act where that was the main offence for which they were convicted.

I thank the Solicitor General for that answer and for the detailed letter that she sent me on this and other matters. She will be aware of the concerns of some of my constituents that men who are clearly kerb crawlers are not being charged and convicted because of a lack of what is regarded as sufficiency of evidence.

Is the Solicitor General satisfied with the criteria for sufficiency of evidence in regard to kerb crawling? Can she tell us whether the new guidelines will be helpful in that regard, or whether anything else can be done to ensure that the intentions of the 2007 act are realised in practice?

I am well aware of the interest of Malcolm Chisholm and his constituents in the issue. Parliament’s intention to tackle the demand for prostitution and target the actions of purchasers was clearly demonstrated by the passage of the 2007 act and the subsequent introduction of the Prostitution (Public Places) (Scotland) Act 2007 (Disqualification from Driving) Order 2011.

Guidance to prosecutors reflects that intention, and instructions for offences under that act to prosecutors state that there is a presumption in favour of court proceedings. As Malcolm Chisholm is aware, in December 2012 refreshed guidance was issued to prosecutors to ensure that the parliamentary intention to tackle the purchasers of prostitution services was being enforced.

In relation to sufficiency of evidence, in every prosecution in Scotland the Crown must lead sufficient corroborated evidence to prove beyond reasonable doubt that an accused committed the offence alleged. As I have previously advised Malcolm Chisholm, I have had cases in the two major cities of Glasgow and Edinburgh analysed regarding circumstances and evidential requirements. There are no differences in relation to understanding of evidential requirements.

For the avoidance of doubt, I say that those evidential requirements can include direct evidence; eye-witness accounts from both police and civilians; admissions at interview; and circumstantial evidence, from which inferences can be drawn, surrounding the facts and circumstances—in other words the location of the prostitution zone, time of day and behaviours such as continually driving around an area.

I hope that that gives an assurance that the legislation was appropriate in the first place and is being enforced robustly by prosecutors.