Justice and Law Officers
Police (Common Performance Management Platform)
The common performance management platform will bring together information from several different areas of policing, including crime, custody and road traffic collisions. My understanding is that some of that information will be available to all forces and to the Scottish Crime and Drug Enforcement Agency later this year, with other source systems being added during 2011 and early 2012.
As the cabinet secretary will be aware, it was generally accepted that the new platform would be operational by April 2009. What are the major problems that have caused the delay? What exactly is he doing to address those problems?
As Mary Mulligan no doubt understands, this extremely complex project aims to bring together information from eight different police forces and many different aspects of policing into one place. Such a complex and technical project is beyond the normal skills and resources of police forces and requires interaction with the Scottish Police Services Authority. I assure Ms Mulligan that all those who are in charge of the project, whether at the SPSA or at the Association of Chief Police Officers in Scotland, are doing everything that they can to bring it in as speedily as possible. When the system comes in later this year—albeit only in part—I am sure that it will add to the information that is available and will contribute to making Scotland a safer place.
Prison Officers (Prosecutions)
The Crown Office and Procurator Fiscal Service does not hold details of the occupation of those who are reported for prosecution on a particular charge, therefore the information requested is not available.
The cabinet secretary will be aware of Policy Exchange’s recent very disturbing research, which found that 85 per cent of prisoners in England and Wales reported that they could get hold of drugs if they wanted them. Almost half of all prisoners reported that drugs were easily available, with some saying that they were available from prison officers. What steps is the Scottish National Party Government taking to investigate the situation in Scottish prisons and to deal with any prison officers who might be involved in supplying drugs to prisoners?
We discuss such matters regularly with the Scottish Prison Service and, indeed, with the Prison Officers Association. I think that we are remarkably well served by the POA and the SPS in Scotland. I can confirm to Ms Smith that we have been advised that, since 1999, three prison officers suspected of supplying drugs to prisoners have been charged. Although those cases were investigated by the police and/or progressed to court, none resulted in a conviction, but all three prison officers were dismissed by the SPS.
There is no doubt that a central task in tackling drug usage in prisons is to stop the transfer of drugs into prison. What steps is the cabinet secretary taking to achieve that? What use is the Government making of modern technology in that regard, such as modern scanning chairs?
Two factors should be mentioned. On modern scanning chairs, yes, some new equipment is being introduced. Equally, sometimes the old-time religion works well: the sniffer dogs that the SPS employs do a remarkably good job not simply in finding drugs that prisoners possess but in tackling the problems that the SPS faces in dealing with visitors, suppliers and other workers.
Knife Offences (Sentences)
In 2008-09, 18 per cent of those convicted of handling an offensive weapon received a custodial sentence of six months or less.
I am sure that the cabinet secretary is aware of the blight that knives cause in our communities, and of their cost in terms of lives and the public purse, through the national health service and policing. Does the cabinet secretary agree that knife carrying is totally unacceptable? Will the Government reconsider its position and support the Scottish Conservatives’ amendment at stage 3 of the Criminal Justice and Licensing (Scotland) Bill that will ensure that those who carry knives will be under no illusion about the penalty that they will face, which will be two years in prison?
We must first consider the facts. More searches are being carried out than ever before—more than 250,000 in Strathclyde alone. Fewer people—albeit still too many—are carrying knives, and the system is dealing ever more severely with those who are. The system is working.
Does the cabinet secretary agree that the best outcome for Scottish communities with regard to knife carrying is not that there are short or long sentences but that there is less knife carrying? Will he join me in congratulating the police on their efforts, which helped to reduce the number of knife-carrying offences in Strathclyde by 16 per cent in 2009-10?
Absolutely. It was a pleasure to be with Chief Constable House in Dundee yesterday, because his statistics show not only a 16 per cent reduction in knife carrying last year but a 12 per cent reduction in serious assaults. The hard work of officers in Strathclyde Police has resulted in a 32 per cent reduction in the number of handling an offensive weapon crimes in the force’s area since 2006-07. We should remember that that is against a backdrop of the lowest recorded levels of crime in Scotland in almost 30 years, the lowest homicide rate in Edinburgh in 20 years and the lowest homicide rate in Glasgow in 10 years. There is a problem, but things are working. Further, as I said, it is not simply about tackling the blade; it is also about tackling the booze.
Why has the cabinet secretary lodged an amendment to delete the provisions for minimum mandatory sentences for knife crime that were passed by the Justice Committee at stage 2 of the Criminal Justice and Licensing (Scotland) Bill? That is particularly puzzling, given that the president of the Association of Scottish Police Superintendents, Chief Superintendent David O’Connor, has said:
I have done so because I take the advice of Chief Constable David Strang, Chief Constable Stephen House and Chief Superintendent John Carnochan of the violence reduction unit, all of whom have argued that the proposal by Mr Baker and others would not work. We do not need an unseemly bidding war, with six months from Mr Baker, two years from Mr Brocklebank and four years from Mr Bain, the member of Parliament for Glasgow North East—yes, four years he said, simply for carrying a knife. Why not add a zero to that or two zeros and let us get on with it? We have to support the measures that are working—tough enforcement, more stop and searches, visible enforcement in the courts and ploughing money back into diversionary activities to ensure that kids are given the opportunity to be all that they can be. Members can say what they like, but the record speaks for itself. In Strathclyde and elsewhere, progress is being made.
Policing (Scottish Government Responsibilities)
The Police (Scotland) Act 1967 sets the legislative framework for policing in Scotland. It defines governance arrangements for policing, and those are carried out through the tripartite agreement. The Scottish ministers set the strategic direction for policing and provide a share of the required resources through police grant; police authorities set the overall budget, monitor performance and hold their chief constable to account; and chief constables are responsible for managing their budget and delivering operational policing for their force area.
The cabinet secretary has claimed repeatedly that he has no responsibilities whatever with regard to the deployment of Tasers and that that is an operational matter for chief constables. Will he therefore comment on one of the key points in written evidence to the Justice Committee from Her Majesty’s chief inspector of constabulary for Scotland in 2007, which states:
The Scottish ministers do not have legislative powers to direct the police on operational matters. We have no competence to issue guidance on the use of firearms, including Tasers, since the matter is reserved to Westminster. For the same reason, the Scottish Parliament has no power to legislate on that.
Does the cabinet secretary agree that the problems that are associated with Tasers have been exaggerated, and that if anyone wishes to avoid coming into conflict with police officers armed with Tasers, they simply have to refrain from acting violently?
Absolutely. We must realise that much of the argument by Amnesty International on the issue is based on information from the United States of America. I admire a great deal of things in that country, but I do not admire many of its law and order approaches. If we are to have a study and to criticise the police, that should be based on what takes place here and not on routine firing in Phoenix, Arizona or anywhere else. The argument is predicated on misinformation.
Naloxone
I believe that naloxone has the potential to save lives. That is why I asked the national forum on drug-related deaths to develop a national protocol and guidelines on naloxone provision. The forum has approved and submitted to the Scottish Government the final protocol and guidelines, along with a report of its investigations. My officials are examining the report’s recommendations, which will inform the roll-out of the national naloxone programme. We intend to work with partners in the sector, offering appropriate central resource, to roll out the national supply of naloxone across Scotland.
I am interested to hear that. I know that the roll-out of the naloxone programme has been welcomed across the country.
Anne McLaughlin is right to say that naloxone is a prescription-only medicine. The supply of such medicines is governed by the Medicines Act 1968. The current legal position is that only named patients can be supplied with naloxone, despite an amendment to the 1968 act that allows anyone to administer naloxone to save lives. That said, in the roll-out of naloxone across Scotland, we will provide a national training resource to health boards and alcohol and drug partnerships, so that they can provide training to key workers, as well as the families and friends of those who are at risk. I will seek to ensure that the provision is extended to people who are in charge of hostels and homeless accommodation, where the risks of death may be higher than elsewhere. In the near future, I will raise with the United Kingdom Government the issue of naloxone’s status as a prescription-only drug.
Swift Justice
As the First Minister said to the chamber on 20 May 2010, the Government has provided record levels of funding to strengthen the system of community service and to speed up start and completion times. That is the right preparation for the new community payback order, which has been welcomed by the Convention of Scottish Local Authorities and is having an impact. The audit of community sentences that was carried out in November 2009 showed that 286 offenders commenced their work placement within seven days in that month, compared with only 85 offenders in the same month the year before.
People south of the border will be pleased that the UK Government is now focusing on reducing reoffending, as the Scottish Government has done for some time. What is the Scottish Government doing to ensure that a robust community service system contributes to meeting that aim?
We are working with partners and stakeholders in the Association of Directors of Social Work, local authorities and community justice authorities. As I said in my initial answer, the latest statistics show that offenders are being sent out to repay their debt to the community more quickly than ever before, with the majority starting manual labour within seven working days. The figure has risen to 63 per cent in 2009, from just 19 per cent in 2008. More are also finishing within the 12-month time limit, with 62 per cent of all local authorities in 2009 ensuring that offenders completed their community service orders within 12 months, compared with 50 per cent in 2008.
Guilty Pleas (Sentence Discounts)
Sentencing decisions in individual cases remain a matter for the sentencing judge, who has heard all of the facts and circumstances of the offence and the offender and is able to take into account any factors that he or she considers to be relevant. We believe that Government has a responsibility to ensure that the appropriate framework is in place in Scotland to promote fairness and justice in sentencing. In light of that, we are taking forward work on the creation of a Scottish sentencing council, which will be tasked with creating a system of sentencing guidelines for Scotland. Those proposals are being taken forward in the Criminal Justice and Licensing (Scotland) Bill.
Is the cabinet secretary aware that a one-third discount off a sentence, although not mandatory, is almost invariably applied by the courts irrespective of the circumstances that surround a guilty plea? Does he think it right that a full discount should be given to an accused person who is plainly bang-to-rights guilty, as opposed to an accused person in a case where guilt is less easily established and where justice would indeed be served by the candid and early admission of guilt?
Absolutely. I can also advise Mr McLetchie that consideration of the matter is continuing in the High Court. In a recent appeal case—Her Majesty’s Advocate v Graham, which might not be known to Mr McLetchie because it took place only on 27 May—the advocate depute for the Crown invited the court to issue guidance on the sentences that are appropriate for offences involving indecent images of children. That related to the giving of a significant discount. The member will be glad to know that the court widened the scope of the appeal in the light of the Crown’s request that it should provide guidance on the matter, and the Lord Justice Clerk confirmed that he entirely agreed with the view that judicial guidance on sentencing for such offences is now opportune.
Rural Affairs and the Environment
Wildlife Corridors
We have taken measures to improve the promotion and protection of wildlife corridors through the planning system. In 2009, the Scottish Government published the second national planning framework, which identifies the central Scotland green network as a national development. The aim is for a strategic network of woodland and other habitats, active travel routes, green-space links, watercourses and waterways that provides an enhanced setting for development and other land uses and improved opportunities for outdoor recreation and cultural activity.
I thank the minister for her interesting reply, which I will pass on to the people who asked me to raise the question.
The member will be aware that it would be inappropriate for me to comment on the merits of an individual planning application. On the question of what steps the residents might be able to take to trigger an environmental impact assessment, I point out that the Scottish ministers are empowered to make directions in relation to the need for an EIA in certain circumstances. It is open to members of the public or other third parties to write to officials with information suggesting why they consider that a proposed development requires an EIA, even though neither the planning authority nor the applicant takes that view. Scottish planning circular 8/2007 provides further guidance and information. The member might wish to read that.
Rural Specialist Food Production
Information on specialist food production is not held centrally, but I can comment on food production more generally. The latest available figures show that, in 2007, the food and drink supply chain generated value added of almost £9 billion for Scotland’s economy. The member might be interested to know that Scottish food export sales rose by 20 per cent to £934 million in 2009 and that total international sales of Scottish food and drink increased by 6 per cent to £4.06 billion in 2009, which was an all-time high. I am sure that the Parliament welcomes that.
That is gratifying information.
I am sure that if the member attends the Royal Highland Show in a couple of weeks’ time, as other members no doubt will do, he will see on display at that major event the products of many successful food producers in rural Scotland. Many new companies that produce specialist foods in Scotland are, of course, doing very well. I am sure that members welcome the fact that, despite the very tough economic backdrop, demand for local food has been sustained and consumers are standing by local food producers in Scotland.
The minister will be aware that one of Scotland’s key exports is whisky. What proportion of Scottish whisky uses Scottish grain?
The member has raised what is an on-going concern for growers of malting barley in Scotland. My understanding is that around 90 per cent of the barley that is used for Scotch whisky originates in Scotland. I know that that is a concern to some producers, who think that the figure should be much higher. Whisky producers argue, of course, that they would not necessarily want to put all their eggs in one basket, in case Scotland suffered a bad harvest, for instance, which could lead to problems for the wider whisky sector. It is only right that all whisky producers in Scotland source as much of their barley as possible from Scottish producers so that we can make it clear that all the elements of a good bottle of Scotch whisky originated in Scotland.
European Union Agricultural Support Schemes (Penalties for Rule Breaches)
The Scottish Government is working at all levels to press the European Commission urgently for more proportionality in the penalty system under cross-compliance. Indeed, I directly raised the issue with the Commission in March this year and specifically raised it in recent conversations with the new Department for Environment, Food and Rural Affairs secretary of state and the new DEFRA minister of state. Scottish Government officials will meet European Commission officials on 9 June to press the matter further.
I appreciate the efforts that are being made in representations to the European Commission, and hope that they are successful.
Wales and Northern Ireland, for instance, are taking actions similar to those being taken in Scotland to increase the penalties that we believe must be enforced in order to protect Scotland’s wider single farm payment level. We have investigated what has been happening in some other countries.
The cabinet secretary will be aware that the revised guidance, informing farmers of rules that they had previously been inadequately made aware of by Government, concerning integrated administration and control system submissions, did not reach many farmers until after this year’s closing date for IACS submissions, which was 17 May. If those farmers, having completed their applications in good faith, are subsequently found to have made an incorrect IACS submission, will they be exempt from any penalties arising from mistakes made as a result of the Government’s lack of timeous clarification of the rules?
Land eligibility is at the core of the issue to which the member refers, and none of the regulations on that has changed as such. We held public meetings around Scotland, which many farmers attended, to update farmers on the exact eligibility criteria. In addition, we put information on our website and worked with the various farming associations to ensure that they were able to filter the information down to their members.
Crofting (New Entrants)
The Scottish Government is encouraging new entrants to crofting in a variety of ways. Financial support is available from specific crofting grants and the Scotland rural development programme. The Scottish Government arranged a modification to the SRDP in October 2009 to lower the amount of agricultural activity required to qualify for the support for new entrants to 25 per cent. Obviously, that is significant for crofting. At the same time, the Scottish Government agreed a modification to the crofting counties agricultural grants scheme to allow an extra 10 per cent assistance to be made available to those under 40 years of age. That will be the subject of secondary legislation in the near future.
I thank the minister for her detailed and thoughtful answer. The minister has lodged amendments to the Crofting Reform (Scotland) Bill, which has reached stage 2. In my view and that of my constituents, the acid test of the bill is whether it encourages crofters in going about their daily work, and whether it encourages or discourages new entrants. There is some controversy in the crofting community about certain aspects of the bill. Will the minister apply that acid test to the bill?
Jamie Stone will know that there is rarely unanimity among crofters about any proposal in respect of crofting. I do not suppose that we will achieve more unanimity than previous Governments on any aspect of what we are doing.
Food and Drink Promotion (North-east Scotland)
Through the national food and drink policy, the Scottish Government works with partners to deliver a wide range of actions that support the food and drink industries in Scotland. In particular, I was delighted to attend the Scotland food and drink excellence awards last month, which were hosted in Moray, and at which over a third of the winners were from north-east Scotland. On Saturday, I will attend the taste of Grampian festival and I look forward to sampling the best of the north-east’s larder. I urge all north-east MSPs to attend that magnificent event.
I thank the cabinet secretary for his encouragement. The food and drink sector is, of course, very important to my constituents, with some 45,000 people employed in the industry in the north-east. How will the £300,000 of extra funding that the Scottish Government is providing this year to promote Scottish food and drink be targeted in the north-east, and how will that money be used to protect jobs and to grow the sector in these challenging times?
The resource to which the member refers is only one of many made available to north-east food and drink companies. Since March 2008, 44 projects in the north-east have received awards of almost £9.5 million under our food processing grants. I can assure the member that not only the £300,000 but a range of other resources are being made available to help build Grampian and north-east Scotland’s already magnificent reputation for food and drink. I will be happy to send the member a list of some of the more successful projects to make him aware of the exciting things that are going on in respect of food and drink.
Obviously, one of the ways in which the Scottish Government could promote food and drink from the north-east, or from other regions of Scotland, such as Dumfries and Galloway, is by promoting the procurement of locally produced food by the public sector. What steps is the cabinet secretary taking to encourage Scottish Government departments, councils and health boards to procure food locally?
The member will be pleased to know that I recently launched an initiative—I will send her the details, in case she missed it—that is all about promoting local procurement, which we would all like to see in public authorities in Scotland. I launched the initiative at a high school in Perth, where some excellent work is taking place. I assure the member that the Government is pushing this agenda as hard as possible and that we share her view that our public authorities, hospitals, prisons, schools and so on should, as far as possible, when they legally can, serve up Scottish food and drink to their customers, their patients or whoever. That is one way of supporting the industry and, of course, helping our people to access good Scottish food and drink.
Waste Management (Infrastructure)
The Scottish Government has allocated £80 million from the zero waste fund direct to local authorities for 2008 to 2011 to deliver services and waste management infrastructure. That money is, of course, above and beyond the record levels of funding provided to local government over the period 2008 to 2011.
Given that food waste and other organic matter are 34 per cent of what we throw away, I am sure that the cabinet secretary agrees that such infrastructure is crucial. However, many of my constituents who live in tenemental properties and flats have nowhere suitable for the type of recycling that I am sure the Scottish Government would like to promote. Will the Scottish Government look at a joined-up approach with local authorities, the Scottish Environment Protection Agency and other agencies to ensure that the problem is not thrown on the scrap heap?
We do not like anything to be thrown on the scrap heap these days. That is, I hope, one of the objectives of the zero waste plan that we will launch next week. The member highlights a good issue. Some of our cities and larger communities face a big challenge to install recycling infrastructure to help tenement residents. There have been some trials, and I know that Glasgow, for example, as Scotland’s largest city, faces a big challenge and is looking into a number of solutions to tackle the problem. I give a commitment to the member that I will continue to urge local authorities, zero waste Scotland, SEPA and others to work together to address the issue.
What additional measures will ministers consider adopting to cut the amount of biodegradable waste that goes into landfill?
I guess that the answer is: watch this space. We will address the issue in our zero waste plan, which we will launch next week. The Parliament debated the plan in the chamber just over a couple of weeks ago. The member highlights the very good point that we should not send that kind of waste to big holes in the ground—in other words, to landfill. We cannot continue to waste resources that have a value.
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