SCOTTISH EXECUTIVE
Rural Affairs and the Environment
Power Stations (Environmental Impact)
To ask the Scottish Executive what recent discussions it has had with the Scottish Environment Protection Agency regarding the environmental impact of power stations. (S3O-7986)
The Scottish Government has regular discussions with the Scottish Environment Protection Agency on a range of environmental issues, including the environmental impact of power stations.
The minister will be aware of proposals to build a 1,600MW coal-fired power station at Hunterston in my constituency. Does she accept the need for Scottish Government policy to be more ambitious than the somewhat cautious approach of Westminster in delivering carbon capture and storage technology to any new power station that may be built? Has SEPA yet expressed a view on how it would ensure that such a facility was delivered to the highest possible environmental standards?
As Kenneth Gibson knows, the Scottish Government is extremely ambitious about the future for Scotland, including in relation to carbon capture and storage. It is extremely important that we take forward that technology. There is work, including work with the European Union, to be done to increase the likelihood of delivering carbon capture and storage. SEPA is well aware of what is required and is a serious player in its development.
Flooding (Moray)
To ask the Scottish Executive what progress is being made to assist people who have been affected by the recent flooding in the Moray area. (S3O-8037)
It is normally the role of local authorities to lead the recovery process following an emergency. I take this opportunity to commend Moray Council on its hard work and continued support and assistance to residents over the past three weeks. The council provides on-going assistance, including temporary accommodation, the packing of possessions in preparation for storage and the circulation of regular newsletters with information and updates. In addition, the Lord Lieutenant of Moray has set up a flood-relief fund to assist the victims of the flooding event. Moray Council is providing support to administer the fund.
The minister will be aware that Moray Council has a £5 million excess on its flood insurance, which is due primarily to previous flooding events. Given that there is already pressure on council budgets, does the minister believe that Moray Council has sufficient financial reserves to cover the costs of the clean-up operation? If not, will funding be made available from the Belwin scheme?
The Belwin scheme is available to Moray Council, should it wish to make a claim for emergency financial assistance. I do not think that the council has made such a claim, but it has said that it may wish to do so, so a claim may be in the offing. We will continue to liaise with the council. A decision on whether to trigger the Belwin scheme will be taken following receipt of full details of the emergency.
The recent flooding in Moray has generated interest in how the Scottish Government is funding flood-related activities. Will the minister outline the present funding situation for flooding in general and set that within the historical context of the past decade?
Bill Wilson raises an interesting issue, because we no longer ring fence the money that is given to local authorities—it is for them to make decisions about to spend it. However, I advise Parliament that, in its first eight years, from 1999 to 2007, average spending on flooding each year was £5.5 million. In this Government's first year in office, the figure was £32.4 million; thereafter we moved to the new funding scheme. The Government's record on the issue is excellent.
I join the minister in commending Moray Council for the actions that it has taken. The council is looking to make savings of £16 million in the next few years and now needs an estimated additional £3 million to assist with clear-up costs in Rothes, Fochabers and Elgin. As the minister said, many families face a wait of six months in temporary accommodation before they can return to their homes. Further to her response to Rhoda Grant's question, how will the Scottish Government help Moray Council to cover the additional costs arising from the third major flood in 12 years?
As I said, the council has notified the Scottish Government that it may wish to make a claim under the Belwin scheme. When full details of any such claim are before us, the Cabinet Secretary for Finance and Sustainable Growth will make a decision on the matter. That is what will happen if the council makes an application for any further capital grants that it considers to be appropriate. Of course, all councils are being tasked with finding savings over the coming years. The position of Moray Council is no different from that of any other council in that regard.
Question 3 has been withdrawn.
Food and Drink Industry (New Markets)
To ask the Scottish Executive what steps it has taken to promote new markets in the food and drink industry. (S3O-8040)
Individual companies can be supported to develop markets by Scottish Government grants, direct assistance from the enterprise agencies and the work of Scotland Food and Drink.
I refer the cabinet secretary to the situation at the Vion Food Group's plant in my constituency and the importance of attracting further investment in the facility to protect existing jobs and expand the jobs base. He will be aware of the discussions between the company, unions and Scottish Enterprise officials. Can he say whether the Government would look favourably on a grant package being put forward for the Vion plant to help with investment?
Yes. Within our powers, we certainly will. We recognise the enormous contribution that Vion makes to the Scottish economy, particularly to the food sector in this country. Over the past few months, we have had many constructive meetings with the company—those discussions are on-going, and I know that James Kelly has also been involved in a number of discussions. It is certainly the case that we look favourably on working closely with the company so that it can continue to play a role in Scotland—we hope, an expanding role—in the future.
The cabinet secretary is well aware of the weakness of the pound against the euro and the opportunity that that offers to exporters of food and drink to the European market. What new initiatives, if any, is he involved in that support the Scottish food and drink industry in the light of that opportunity? Does he feel that he is giving sufficient support to our meat sector at this time?
I feel that we are giving sufficient support to the meat sector at this time. Scottish meat exports have increased substantially over the past 12 months. Scottish Development International is, of course, involved in a lot of good work in that regard and is planning 12 events, in which 100 companies are involved, over the next 12 months. The events are expected to deliver an extra £60 million for the sector, which is an indication of how seriously SDI takes the export opportunities for the food and drink sector over the next year. SDI is already investing £1.6 million in such activities and plans to invest a further £250,000 over the course of the next year. This is a big opportunity; Scotland should take advantage of it.
Rural Development (Support)
To ask the Scottish Executive what steps it is taking to support rural development during the economic downturn. (S3O-7979)
Support is available through the Scotland rural development programme for the modernisation and diversification of farming, forestry and other rural businesses. Since last year, around £154 million of funding has been approved under the rural priorities delivery mechanism. At the last round in August, around £29 million of funding was approved for direct capital investment in a wide range of projects to support rural life in Scotland. That includes around £5 million of extra projects that are being supported through the reprofiling of the SRDP programme budget, which I announced in June to assist with the economic recovery.
I welcome the Government's decision to invite representatives from all rural areas in Scotland, including Clydesdale in the South of Scotland constituency, to last week's rural gathering. How will the outcomes of the event help rural communities to fight the recession?
I thank the member for referring to last week's very successful rural gathering at Perth racecourse, where about 300 stakeholders, including many grass-roots community activists from our rural communities, gathered to share best practice, discuss the future of rural Scotland, learn about the support that is available, and hear about case studies from various parts of rural Scotland that are proving to be successful in contributing to the rural economy. Representatives from Aileen Campbell's constituency attended the event.
The cabinet secretary might be aware that farmers in Clydesdale are concerned that they are not receiving the appropriate level of funding through particular sections of the SRDP. Will he meet me to discuss those concerns and consider how to allay them?
I would be delighted to meet Karen Gillon to discuss the concerns. I would be surprised if the farming community in Scotland thought that it was not getting a fair share of the SRDP. Of course, that funding is on top of the £430 million that farmers get from the single farm payment, which I understand is about to be boosted by the exchange rate and could deliver tens of millions of pounds extra for Scotland's farmers when it is paid in December.
Will the minister say how the near 50 per cent reduction in Highlands and Islands Enterprise's budget is compatible with supporting rural development at a time of economic downturn?
As Peter Peacock knows, the activity of Highlands and Islands Enterprise has been refocused and many of the agency's former functions have been transferred to local authorities, including the Highland Council, in order to support rural businesses. If the member considers rural Scotland, I am sure that he will find that a number of businesses have started up during the past 12 months. In sectors including food and drink, many companies are going from strength to strength and are supporting the rural economy. That is not to mention that our farming communities in the Highlands—the member's region—and elsewhere are currently experiencing much better market conditions.
Fisheries (European Union Talks)
A dh'fhaighneachd do Riaghaltas na h-Alba airson na naidheachd as ùire mu staid nan còmhraidhean Eòrpach air iasgaich.
I hope that Alasdair Allan will forgive me if I reply in my native language.
Tha mi taingeil dhan rùnaire airson na freagairt sin.
Although the regulation that was imposed on the west coast of Scotland at last year's negotiations was better than the original proposal, which would have closed down the west of Scotland fisheries, it has led to particular difficulties for the sector. A west of Scotland task force is working to present a much more sensible alternative to the current restrictive regime. The member is right to say that we should ensure that our fishermen, who are pioneering many fisheries conservation measures in Europe, are rewarded for that effort and are given the opportunity to present their alternative plans for conserving stocks on the west coast of Scotland.
Will the cabinet secretary ensure that the concerns of our nephrops fishermen are adequately expressed and heard in Brussels? Despite being committed to sustainable fisheries, our fishermen question the International Council for the Exploration of the Sea's statistics on nephrops, which are behind the proposed cuts to the prawn fishery.
I thank Jamie McGrigor for mentioning that important sector. As he may be aware, there is a proposed cut to the west of Scotland prawn TAC. However, as the current quota is underfished, a cushion is available to the fleet, irrespective of the proposal from Brussels to cut the quota.
Last December, the cabinet secretary claimed that fishermen and their families would "sleep easier this Christmas" after the deal that was struck in Brussels. What appeared to be optimistic at that time appears now to be borderline delusional, given what has happened since. Does he accept that further reductions would have a devastating effect on the Scottish fleet, particularly in Orkney and Shetland, from where fishermen tend to have to travel further to reach their fishing grounds? Will he commit to resisting any moves by the Commission that would almost certainly trigger piecemeal dismantling of our fishing industry?
If we had allowed the west of Scotland's fishing grounds to be closed down completely last year, Liam McArthur would be complaining that we had not stopped the closure. The situation at the negotiations last year was not ideal and I fully accept that the restrictions on the west of Scotland were particularly difficult to put in place and for the industry to live with, but they were better than complete closure of the fisheries.
Animal Welfare Groups (Meetings)
To ask the Scottish Executive when the Cabinet Secretary for Rural Affairs and the Environment last met representatives of animal welfare groups. (S3O-8055)
I most recently met Stuart Earley, the chief executive of the Scottish Society for the Prevention of Cruelty to Animals, on 16 September, when we jointly launched specially selected pork approved by the Scottish SPCA.
Is the minister aware of the real concerns that animal welfare groups have about licences for shooting seals that are proposed for introduction in the Marine (Scotland) Bill? The bill creates an offence of killing seals intentionally or recklessly but goes on to create a list of purposes for which licences to kill will be granted, which causes particular concern in respect of dependent seal pups. Will the minister consider amending the bill to consolidate the closed seasons and make it clear that licences to shoot seals will not be granted under any circumstances during the breeding seasons?
I assure Irene Oldfather that the proposed new arrangements for seals under the Marine (Scotland) Bill are much more stringent than the current arrangements. Under all circumstances, anyone who wishes to shoot seals will have to apply for a licence: there will be no exemptions. The new proposal is a lot stricter because we want to protect the seal populations in Scottish waters, which are unique in Europe.
Meat Inspection System<br />(Food Standards Agency)
To ask the Scottish Government what recent discussions it has had with the Food Standards Agency regarding the meat inspection system. (S3O-7973)
Policy on meat inspection is devolved to the Scottish ministers, who are advised on it by the Food Standards Agency. There are frequent and continuing discussions at ministerial and official level. Meat inspection was one of the subjects that I discussed when I met the director of the FSA in Scotland on 21 September.
What measures is the Government considering to reform the regime and reduce red tape in order to help the industry and ensure that it is not placed at a competitive disadvantage, compared with other European Union nations?
That is a fair question. It was on my agenda when I met Charles Milne, the new director of FSA Scotland a week or so ago. I am sure that Derek Brownlee accepts that it is essential that public confidence and trust in the meat supply be maintained, and that any future changes to the official controls on meat inspection must not undermine public health protection or animal health and welfare.
I ask Elaine Murray to be brief, and I also call for brief answers.
The cabinet secretary will be aware of the pressure that the very recent increase in meat inspection charges is having on Scottish abattoirs. Could he outline to us how he intends to support the existence and expansion of a network of local abattoirs, which is desirable on animal health, economic and environmental grounds?
As Elaine Murray will be aware, there are already exemptions from some of the regulations—at least, lower costs apply to some of the more rural abattoirs under the current regime. We welcomed that when it was announced by the FSA. It was confirmed by the agency in the past few months.
Justice and Law Officers
Sexual Offences (Scotland) Act 2009 (Implementation)
To ask the Scottish Executive what the reasons are for the delay in implementation of the Sexual Offences (Scotland) Act 2009. (S3O-7965)
There is no delay. After consulting the Crown Office, the Association of Chief Police Officers in Scotland and others on the work that they need to undertake ahead of implementing the 2009 act, we intend to commence its provisions in autumn 2010.
The cabinet secretary will agree with me that the Sexual Offences (Scotland) Bill was dealt with in a competent and consensual manner—and he contributed to that climate surrounding scrutiny of the bill. However, does he share my disappointment and that of the many members of the public who view the act as additional protection for the potential victims of sexual assault, who consider that the delay in its implementation—bearing in mind that the timing of royal assent could have been anticipated—is little short of scandalous?
No, I do not accept that. First and foremost, the Crown Office and the police could not make any arrangements to change their procedures until such time as the bill, with its various amendments, had been passed. They have clearly sought to ensure that they can make the relevant changes to implement the new legislation. Those changes are substantial. We are moving from common law to statutory provisions. The Parliament came together as one to pass the Sexual Offences (Scotland) Bill in order to address the problems that exist and the fact that far too many victims have been failed.
Does the cabinet secretary agree that when the act is implemented it must be backed by a package of measures that allow women to be more confident in reporting cases of rape, and also backed by concerted action to improve clear-up rates for crimes of rape and attempted rape, which have fallen?
Absolutely. That is why the Government has been working with Rape Crisis Scotland and other organisations to develop a package that includes an advertising campaign, in addition to the legislation. As with other aspects of Scottish society, it is important to have appropriate laws that are up to date for the 21st century and that protect victims; and to enforce those laws through our police and prosecution system.
Assisted Suicide
To ask the Scottish Government whether it believes that a person travelling abroad to assist a terminally ill person who is seeking to end their life should be charged with culpable homicide. (S3O-8015)
Whether anyone is prosecuted and the crime for which they are prosecuted are matters for the Lord Advocate, acting independently and in the public interest. Each case is considered on its own unique facts and circumstances. It is not appropriate to provide a definitive answer to a theoretical question.
In 1996, the then Lord Advocate, Lord Mackay, issued a statement that he would not authorise the prosecution of a doctor who was acting in good faith and with the assent of the Court of Session if they withdrew life-sustaining treatment from a patient with the result that the patient died. The minister has just said that every case is considered on its own basis without the need for any further guidance. That is clearly not correct if Lord MacKay's guidance is in place, which it is. If someone is looking to make travel arrangements abroad for a loved one who, knowingly, is using that travel to end their own life, what law are they breaking?
The member is alluding to various developments south of the border. I can state what the current Lord Advocate has already stated, both publicly and in a letter to the member: there exists in Scotland a very different legal landscape from that in England and Wales. The offence of assisted suicide in England and Wales does not exist in Scotland. The Lord Advocate has already published the prosecution code, which provides information on the general considerations that will be taken into account by prosecutors when they decide what action to take in any case. It is important to bear in mind what the Lord Advocate has made clear. She provides guidance, as her predecessors have done in the past, and that is fair and appropriate, but fundamentally laws are made not by the Lord Advocate but by those who are elected to this Parliament.
Title Conditions (Scotland) Act 2003<br />(Land Maintenance Companies)
To ask the Scottish Executive whether it will consider changing the Title Conditions (Scotland) Act 2003 with regard to land maintenance companies. (S3O-7981)
No specific and detailed written proposals for law reform of the act have yet been put to us. We are, of course, happy to consider any such specific proposals. We met the member and some proprietors yesterday to discuss land maintenance companies and I have a meeting with a land maintenance company next week. The Government will continue to monitor the issue closely.
I thank the minister for his answer and for the time that he took yesterday to meet me and campaigners. I therefore know that he is well aware of the tens of thousands of homeowners in my constituency and elsewhere in Scotland who have no practical recourse to measures to remove land maintenance companies. Given Lord Gill's report on the failings of our civil justice system and the length of time that the Consumer Focus Scotland test case will take, will the minister give a commitment that this Government will continue to seek a solution to the problem sooner rather than later?
I am aware from the member's representations that those whom she represents and others have obtained an opinion from an advocate that suggests that various provisions of the relevant legislation could provide a remedy with regard to dismissing a manager and do provide mechanisms for a majority of proprietors to act in various ways. Those provisions have not yet been tested in the courts, but we believe that they may well provide a remedy. We have yet to be convinced of the practicalities of alternatives.
Extradition (United States of America)
To ask the Scottish Government whether there has been an examination of the extradition treaty arrangements between the United Kingdom and United States of America in so far as they impact on Scotland. (S3O-7963)
Extradition arrangements are reserved in terms of schedule 5 to the Scotland Act 1998. However, as the Scottish ministers bear responsibility for the implementation of extradition obligations in Scotland, the impacts of all extradition agreements that are entered into by the UK Government—including the treaty with the United States—require to be carefully considered by Scottish authorities.
I thank the cabinet secretary for his reply but urge him to push for a review, with a view to the extradition treaty with the US being changed, as the current arrangements do not appear to follow the principles of natural justice.
The member makes the point that such matters must be kept under constant review, as times change. As a Government, we can say that extradition is a valuable tool. As well as extraditing people from this country, we occasionally seek to have people extradited from other jurisdictions. It is important for all jurisdictions to have a tool that enables them to work together to ensure that people who flee do not avoid being held to account and brought to justice. However, such matters obviously require to be kept under constant review.
Knife Crime (Glasgow)
To ask the Scottish Executive how many people were convicted of handling an offensive weapon or assault with a knife in Glasgow sheriff court and the High Court in Glasgow in July 2009. (S3O-8031)
Statistics on the number of convictions in Scottish courts covering July 2009 will not be available until spring 2011, but on the basis of statistics that were published this week, I can confirm that the number of offensive weapons offences in Glasgow fell last year by 6.3 per cent. That happened against the backdrop of violent crime in Scotland being at its lowest level since 1986 and crime overall being at its lowest level since 1980.
I argue that we have seen little progress on knife crime and point out that when it comes to crime, a postcode lottery exists in Scotland. Given that Glasgow has the highest level of recorded crime in Scotland, will the cabinet secretary provide Glasgow with any extra resources or introduce any extra measures to deal with knife crime in the city? Will he also explain why he accepted a cut in the community justice authority's budget, despite the rhetoric of the Scottish National Party and its apparent wish to provide thousands more community sentence places?
That is just not true. We are putting record amounts into ensuring that we deliver on community sentencing and community payback. The Government is delivering on that.
Glasgow City Council.
It is true that Glasgow City Council contributes. Great credit must also go to Chief Constable Steve House, who has radically transformed policing by ensuring that officers are used constructively and that we not only provide officers but get them out on the streets by lessening the requirement for them to stay behind desks.
Licensing (Scotland) Act 2005
To ask the Scottish Executive what steps it is taking to address problems associated with those parts of the Licensing (Scotland) Act 2005 that came into effect on 1 September 2009. (S3O-8059)
I acknowledge the huge amount of work that has gone into the transition to the new licensing act that was put in place by the previous Administration in 2005. As expected, the changeover has been a massive task and has not been without its difficulties in some parts of the country. The amount of hard work and effort that have been put in by all involved to get to the end of the transition period has been impressive.
Is the minister aware of the case of a constituent of mine from Braco, whose shelves were cleared of alcohol at great cost to him following errors that were made by the local Scottish National Party council and licensing board? Is he aware that, in some areas, 50 per cent of premises have not received their licence and that some individuals have had to wait 15 months for them after due process and payment? Is he aware that licences are not being posted by recorded delivery and that retailers are asked to pay their fees again when they are lost? What compensation is available to retailers such as those in my constituency to cover losses that have been caused by such errors? What additional resources were given to local licensing authorities and licensing boards to implement the act quickly and efficiently?
The member raises various issues. I do not know about the Braco case, but I would be more than happy to discuss it with him.
Rural Policing Priorities (Lothian and Borders)
To ask the Scottish Executive what discussions the Cabinet Secretary for Justice has had with Lothian and Borders Police about rural policing priorities. (S3O-7972)
I am in regular contact with Lothian and Borders Police to discuss matters relating to effective policing across the force. In July, I was pleased to visit Melrose, where I met the chief constable and local officers in the police station.
Does the cabinet secretary agree that, although crime in small rural communities is not on the same scale as it is in our cities, it can often cause just as many problems and be a real blight to the people who are affected by it? We all welcome the 1,000 extra police officers whom the Scottish Conservatives secured in last year's budget, but can the Government give a commitment that rural communities such as those in the Scottish Borders will not be deprived of those extra resources for the benefit of larger towns and cities?
Absolutely. We recognise that the needs and wants of rural communities are distinct and have to be dealt with. It is not simply a matter of ensuring that the police take on board their responsibilities. I met not only Chief Constable Strang but Sheriff Kevin Drummond, who made it clear to me that he acts appropriately, because it is clear that some matters in rural areas are of greater concern than they are in urban areas, and that some problems are significantly greater in rural areas than they are in urban areas. The Government must ensure that the needs and wants of every part of Scotland are catered for, whether in the fields of justice, health or education. We must especially recognise that there are sometimes difficulties in rural areas in Scotland. That must be taken on board in the justice and other aspects of government.
Questions 8 and 9 have been withdrawn.
Illegal Encampments<br />(Montrose and Bridge of Dun)
To ask the Scottish Government whether the Cabinet Secretary for Justice is aware of the problems being caused by illegal encampments in Montrose and the Bridge of Dun area and if he will consider whether further action is required to protect local communities. (S3O-8003)
Various civil and criminal legal powers are available to the police and local authorities to manage unauthorised encampments. Those include the powers under sections 61 and 62 of the Criminal Justice and Public Order Act 1994 and the Roads (Scotland) Act 1984. A summary of the legislative framework is provided in the Scottish Government's "Guidelines for Managing Unauthorised Camping By Gypsies/Travellers in Scotland". No further action is planned at this stage.
The provost of Angus created in Angus an official travelling people's caravan site. I draw to the minister's attention the distress and disturbance that are being caused to local businesses and communities by travelling people who deliberately camp in places with no facilities and leave both mess and problems behind them. Will he provide clear police guidance and powers for the authorities to take action to stop and remove such continuing and unacceptable antisocial behaviour?
I fully appreciate the distress and damage that is caused locally. Guidelines on the management of unauthorised encampments were published in 2004, and we will ensure that we keep them up to date.
Previous
First Minister's Question Time