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Chamber and committees

Meeting of the Parliament

Meeting date: Thursday, June 2, 2011


Contents


Scottish Executive Question Time


General Questions


Crown Estate



1. To ask the Scottish Government what progress has been made regarding the transfer of powers from the Crown Estate commission to the Scottish Parliament. (S4O-00001)

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

The transferring of responsibility for the administration of the Crown estate and control of the revenues to the Scottish Parliament is a priority for the Scottish Government. It is our firm belief that we must reform the outdated and outmoded arrangements for management of the Crown estate to help Scotland to realise the massive potential of our enormous offshore renewable energy resources and our sea bed.

Rob Gibson

In the light of rumours that the Crown Estate intends to base its administration of marine and tidal developments in London, not Scotland, and the consensus in Parliament that we should return those powers here, how does the cabinet secretary view the negative response from the Secretary of State for Scotland, the Liberal member who has said no?

Richard Lochhead

On the member’s point about the location of that post, I agree that it would be absurd if the post relating to our offshore renewables were to be based in London and not in the north of Scotland, where many of the resources are. That highlights a lack of transparency and the Scottish Parliament’s lack of control over the Crown Estate’s activities. I hope that the Crown Estate makes the right decision—I know that it is being lobbied hard by interests from the north of Scotland, the member’s constituents and the member himself.

On Michael Moore’s handling of the Scottish Parliament’s call for the devolution of the Crown estate, it would be seen as a breach of faith if he did not support an issue that his party has been campaigning for north of the border. The Parliament and Scotland will be aware that intense negotiations are going on between the First Minister and the United Kingdom Government in which the top priority is devolution of the Crown estate, so that this country and no one else will benefit from the exploitation of the natural resources on our doorstep.


Waste Incinerators (Planning Regulations)



2. To ask the Scottish Executive whether it plans to review planning regulations regarding waste incinerators. (S4O-00002)

The Minister for Local Government and Planning (Aileen Campbell)

There are no current plans to review planning regulations regarding waste incinerators. Modernisation of the planning system includes Scottish planning policy and the Scottish Government’s zero waste plan, which provide a waste and planning policy framework that includes restrictions on inputs to energy-from-waste facilities.

Michael McMahon

I welcome the minister to her new post. I did so in her absence yesterday, but I take the opportunity again today.

I ask the minister to confirm whether the Government supports the production of energy from incineration and considers such technology to be desirable. Will she confirm that the Scottish Government has accepted South Lanarkshire Council’s decision to approve the incinerator at Dovesdale and will not call in that planning application? Can she explain why the Government of which she is a member has accepted the reporter’s judgment and overturned North Lanarkshire Council’s decision to reject a similar plant in Coatbridge when she was opposed to the plans for one in her own area? I ask the minister to instigate a consultation on a new national framework relating to the production of energy from waste so that all concerned will know what contribution the Government wants that technology to make and that the imposition of such plants on communities against their wishes will be prevented.

Aileen Campbell

The Government is committed to recycling, reusing and preventing waste. The production of energy from waste is part of that. As the member knows, each planning case is considered on its merits and at a local level. The appeal decision on the Carnbroe application is final, subject to the right of any party to appeal to the Court of Session within six weeks of the date of notice, therefore it would not be appropriate for me to comment on the merits of that development at this stage. As the member knows, I made representations relating to Dovesdale in my previous role as an MSP for the South of Scotland. However, in my new position as the Minister for Local Government and Planning, it would not be wise for me to comment further on that issue.

Christina McKelvie (Hamilton, Larkhall and Stonehouse) (SNP)

The minister will be aware that I have already communicated with the Cabinet Secretary for Finance, Employment and Sustainable Growth regarding Dovesdale, which is in the Stonehouse area of my constituency. Does the minister agree that the creation of national guidance on dealing with planning applications for waste incinerators and waste-to-energy plants would help local planning authorities that are facing decisions about proposed developments and the communities that would be affected by them—there are 25,000 objectors in my constituency alone—to be apprised of the full range of issues involved? Will the Scottish Government actively consider my request that the development of such guidance be sought?

Aileen Campbell

National guidance already exists in the shape of the national planning framework, Scottish planning policy and the zero waste plan, and the Scottish Environment Protection Agency provides a level of scrutiny and regulatory functions. There is a commitment to provide further planning guidance on waste management, but there are no plans at present to develop further policy guidance.

Elaine Smith (Coatbridge and Chryston) (Lab)

With regard to the proposed pyrolysis incinerator in Coatbridge that was—astonishingly—granted planning permission on appeal by the Scottish Government reporter despite massive community objection, will the minister consider recommending a review and a possible fresh application, given that the inquiry was interrupted due to a sudden change of Government planning policy, which resulted in presubmitted precognitions having to be rewritten overnight?

In relation to Carnbroe, as I have already said to Mr McMahon, the decision is subject to the right of any party to appeal to the Court of Session, and unfortunately I cannot comment on the merits of the development at this stage.


Affordable Housing



3. To ask the Scottish Executive what funding it is making available for the development of new affordable housing. (S4O-00003)

The Minister for Housing and Transport (Keith Brown)

In 2011-12, we are providing £50 million for the new innovation and investment fund, £8 million for the new supply shared equity with developers scheme and around £188 million to fund commitments from developments that were approved in previous years. In addition, we are providing £98 million to the City of Edinburgh Council and Glasgow City Council for affordable housing.

Fiona McLeod

I am sure that everyone in the chamber will welcome those figures.

My constituency, Strathkelvin and Bearsden, faces a particular pressure in that it has the fastest-growing elderly population in the country. I know that the Scottish National Party manifesto made a commitment to consider the issue of housing for older people. Will the minister consider a request by an all-party group of councillors in East Dunbartonshire to meet and review the situation?

Keith Brown

The member might be aware that we are developing the strategy for housing for older people, and the Government will be consulting on it over the summer. Given that that is the case, I will be delighted to take the chance to meet representatives from East Dunbartonshire, as she suggests, and to discuss the affordable housing needs of that area.


Gourock to Dunoon Ferry Service (Tender)

David Stewart (Highlands and Islands) (Lab)



4. To ask the Scottish Executive what progress has been made on the Gourock to Dunoon ferry tender. (S4O-00004)

The Cabinet Secretary for Infrastructure and Capital Investment (Alex Neil)

On Wednesday 25 May, we announced that the preferred bidder for the Gourock to Dunoon ferry service tender is Argyll Ferries, a subsidiary of David MacBrayne. Subject to a statutory standstill period, the contract to run the service is due to be signed on 7 June. The new passenger ferry service will then start by 30 June.

David Stewart

The Gourock to Dunoon ferry tender has had more twists and turns than a trip over the Rest and be thankful. The minister does not need to take my word for that; he need only read the letters page of any edition of the Dunoon Observer and Argyllshire Standard over the past 12 months. Does the minister accept that the route from McInroy’s point to Hunter’s Quay on the Clyde is eligible to be treated as a public service route under the European Union’s maritime cabotage regulations of 1992, should Scottish ministers deem it appropriate? Will the minister support my call to refer the matter to the Office of Fair Trading for a full, comprehensive and independent inquiry?

Alex Neil

Not everyone agrees with David Stewart’s assessment, including those who write to the local newspaper. Indeed, before I came into the chamber this morning, I received an unsolicited letter from a member of the public in Argyll—

Members: Mike Russell!

Alex Neil

The letter said:

“I was delighted to read that the Dunoon - Gourock Ferry saga has reached conclusion. It is a decision which I am certain will be welcomed by the vast majority of ferry travellers on the Cowal peninsula.”

I am sure that that sentiment is shared by the local member, as well as many others.

I recognise that there is a need in general terms to consider the issues of competition and the co-ordination of ferry services. As I indicated when I announced the outcome of this contract award, we are seriously considering the possibility of establishing a ferry regulator.

Duncan McNeil (Greenock and Inverclyde) (Lab)

Just last week, the First Minister delivered his promise of no public service compulsory redundancies, while his new minister for broken promises, Alex Neil, was announcing such redundancies for CalMac Ferries workers on the existing vehicle route between Gourock and Dunoon. Will the cabinet secretary explain why CalMac workers are not covered by the First Minister’s promise to the public sector of no compulsory redundancies?

Alex Neil

The origin of the contract and tender was essentially the European Commission. The Scottish Government had no option other than to tender the service. We had to take decisions on the basis of the tenders that were returned, and we took the option that involved the absolute minimum number of redundancies. Had we taken any other option, the number of redundancies involved would have multiplied by four. I take it that all members in the chamber will welcome the Government’s policy of minimising redundancies in such situations.

Stuart McMillan (West Scotland) (SNP)

I have a personal interest in the matter as my wife is currently a CalMac employee on the Gourock to Dunoon route. Does the cabinet secretary think that the proposed new working hours and shift patterns are sustainable, especially given that no part-time opportunities are available on the route? In addition, there will be only one person to do the pier work, which particularly concerns me with regard to late-night travellers on Fridays and Saturdays.

Alex Neil

In awarding the contract, two considerations arose that are relevant to the question. First, we wanted to ensure that there was adequate staffing. We are absolutely satisfied that under the successful contract bid adequate staffing will be made available on the service at all times.

Secondly, one of the welcome aspects of the service is that the hours will be extended substantially. On the weekends it will run from 5.40 in the morning through to 1 am the following morning, and the regularity will be every half hour. No one has provided that range and quality of service on the Gourock to Dunoon route in living memory, and it is a huge improvement on what has gone before.


National Forestry Treasures



5. To ask the Scottish Executive what steps it is taking to ensure the safeguarding of national forestry treasures as set out in the Scottish forestry strategy. (S4O-00005)

As we stated in our manifesto, we will keep the Forestry Commission as a publicly owned body and our forestry estate as an asset for the nation.

Jim Hume

The minister may be aware of a recent Sunday Times article in which a land agent who works closely with the Forestry Commission in Scotland was quoted as saying:

“There are forests run by the commission in which nobody has set foot for years.”

I imagine that the minister will be concerned to hear that areas of our £1 billion forest estate are allegedly being neglected. It has even been suggested that the lack of attention given to the Glen Shira estate, which was sold off by the Government, led to 2,500 acres of wind-blown and stunted trees, which may have cost the taxpayer £5 million in lost revenue from that forest alone.

Does the minister agree that an audit of our forestry estate—

Order, Mr Hume. It is a question, not a statement.

Okay. Does the minister agree that an audit of our forestry estate is required as soon as possible to determine whether there are other areas of neglected forest that are devaluing the Scottish people’s £1 billion estate?

Richard Lochhead

I am aware of the case in Jim Hume’s region, although I tell him not to believe everything that he reads in the papers. Wind blow in Scotland’s forests is of course nothing new; we are one of the windiest countries in the world and the forestry sector deals with that on an on-going basis. Although I respect the fact that the handsome majority that the SNP achieved at the election gives us a mandate to deal with a range of matters, even this Government cannot stop the wind blowing in Scotland.


Grade-separated Junction (Laurencekirk)



6. To ask the Scottish Executive whether it plans to build a grade-separated junction on the A90 at Laurencekirk. (S4O-00006)

The Minister for Housing and Transport (Keith Brown)

On 25 January, I announced a cost refinement exercise to identify the potential level of cost that is likely to be involved in constructing a grade-separated junction at Laurencekirk.

That study will result in a more informed preliminary estimate of the scale of investment that may be required and will be completed later this summer. That will provide the opportunity for a general discussion of options and costs in taking the matter forward.

Alison McInnes

I had been hoping for an unequivocal answer.

I remind the minister that there have been four fatalities and many serious accidents at this junction. With Jill Campbell at the helm and very ably assisted by Mike Rumbles, the MSP for the area in the last parliamentary session, local people have been campaigning for this road safety measure for many years and action is long overdue. The new local member for Angus North and Mearns, Nigel Don, was quick to align himself with the campaign during the election, promising that it would be a priority. Will the minister honour that pledge and commit to taking urgent action to prevent further loss of life at this junction?

Keith Brown

If the member thinks back to the discussion that we had with her, Mike Rumbles, Nigel Don and others, she will remember that what not only members but petitioners wanted were more definite costings, and I have responded to that by announcing the cost refinement exercise. There is no point in committing to a grade-separated junction in advance of that exercise if that is not what comes out of it. My answer is not equivocal—I am unequivocally saying that we have announced the cost refinement exercise. We will await the results of that exercise and take decisions when it is complete.

Nigel Don (Angus North and Mearns) (SNP)

I am grateful to the minister for reiterating what I think we all knew. Does he agree that we need to find some way of ensuring that something is built here? If so, will he agree to meet me and Transport Scotland to explore the options, which might include not a grade-separated junction but merely a bridge, and to explore with the local council funding arrangements for whatever is done? After all, I am aware that we might need to get funds from more than one source to make it happen.

Keith Brown

The member has identified the different elements at play, including the council’s local plan and, following on from that, the possibility of a public inquiry that might apportion responsibilities and costs or give direction in that respect. As part of the debate that I mentioned in response to Alison McInnes, I am more than happy to discuss with the member other options that might help to improve safety at this junction.


Animal Health and Welfare (Scotland) Act 2006 (Regulation)



7. To ask the Scottish Executive whether it plans to introduce secondary legislation under the Animal Health and Welfare (Scotland) Act 2006 and, if so, what regulation it is considering. (S4O-00007)

Existing animal welfare legislation is under consideration and the Government will announce its intentions about whether to replace some of the older animal welfare acts and make new regulations under the 2006 act later in the year.

Elaine Murray

The cabinet secretary will be aware of the disappointment in the last session that expected secondary legislation did not materialise. Is he considering the regulation of animal sanctuaries and livery stables, the protection of racing greyhounds and a ban on the use of wild animals in circuses and electric canine collars?

Richard Lochhead

As I have indicated, we are considering our next steps for promoting animal welfare in Scotland. The member has raised a number of important issues and I am open to representations from her, other colleagues and, indeed, outside organisations. Of course, many of the issues that she has raised are not as clear-cut as one might think on first impression; for instance, evidence on the treatment of wild animals in circuses is, as she will be aware, inconclusive. However, we are paying close attention to what is happening south of the border, as it might have implications for what happens north of the border. I guarantee to the member that we have an open mind on these matters.


Local Authorities (Duty of Care and Responsibility)



8. To ask the Scottish Government whether it considers that local authorities have a duty of care and responsibility to the most vulnerable in society. (S4O-00008)

The Deputy First Minister and Cabinet Secretary for Health, Wellbeing and Cities Strategy (Nicola Sturgeon)

Local authorities are required through a range of legislative duties and powers to ensure that the most vulnerable people in our society are cared for and protected. Those duties and responsibilities exist in respect of child protection, mental health, adult support and protection and social work legislation.

James Dornan

Does the cabinet secretary share my disappointment at Glasgow City Council’s decision to scrap the concessionary rent scheme, which has benefited hundreds of charities across the city? The move leaves many of them facing the possibility of closure. Will she join me in urging the council to put a moratorium on the decision until its own grants integration scheme comes into force next year to give these charities, which deal with the most needy in our society, a chance to put in place an alternative funding mechanism to ensure their survival?

Nicola Sturgeon

I very much share James Dornan’s concern and agree with the thrust of his question. I am sure that all members recognise and value the hugely important work that is done across a whole range of areas by charities in Scotland, without which statutory agencies, including local authorities, would find their job much more difficult and expensive to do.

Obviously, the rent concession scheme in Glasgow has played an important part in allowing a number of charities to operate sustainably and I hope that Glasgow City Council will engage with the affected charities to come to a solution that allows them to continue to do their good work. Perhaps it would be in the best interests of everyone concerned if some time were taken to consider alternative solutions.