SCOTTISH EXECUTIVE
Justice and Law Officers
District Courts (Ayrshire)
To ask the Scottish Executive what further consultation has taken place regarding the future of district courts in Ayrshire. (S3O-7665)
In the sheriffdom of south Strathclyde, Dumfries and Galloway, the Scottish Court Service has consulted further with the sheriff principal and local authorities as prescribed by the Criminal Proceedings etc (Reform) (Scotland) Act 2007.
Given that when the cabinet secretary introduced proposals to close courts, including those in Cumnock and Girvan, he was sent homeward to think again, does he think that it would be better to address the legitimate concerns that have been raised by local justices and East Ayrshire Council rather than simply make the same proposal again?
I am not making the same proposal again, because I have not received further submissions or recommendations from the Scottish Court Service. When I do, what Cathy Jamieson suggests might be the case, but I cannot confirm whether it will be, because I have received no submissions.
The Justice of the Peace Courts (Sheriffdom of South Strathclyde, Dumfries and Galloway) Order 2009, which proposed the closure of the district courts at Annan, Cumnock and Girvan, was rejected by the Scottish Parliament's Justice Committee only in May this year. Does the cabinet secretary agree that it is somewhat arrogant of the Scottish Court Service to reintroduce exactly the same proposal after only four months?
It has not done so. No recommendations have reached me and until such time as they do, no decision can be taken. I cannot comment on whether the SCS is being arrogant, but I can give you the factual position that no further decision has been made, because no recommendations have reached me.
I remind all members that remarks should be directed through the chair and not made directly to each other.
Police (Funding)
To ask the Scottish Executive how it reconciles freezing council tax with its guarantee to increase police numbers and maintain law and order, when Scotland's biggest police force is reporting a cash shortfall of up to £34.7 million. (S3O-7660)
The council tax freeze and the commitment to 1,000 additional police officers are both priorities for the Scottish Government and have been agreed with the Convention of Scottish Local Authorities as part of the concordat. Accordingly, they are both fully funded by the Scottish Government. That is why earlier this week I was able to announce that in June 2009, there were 17,278 police officers employed by Scottish forces—the highest number ever recorded. For the first time, we have passed the milestone of 1,000 additional police officers, well ahead of our pledge to do so by the end of this parliamentary session, with an increase of 1,044 since March 2007.
With all those extra police officers, why was it not possible to keep al-Megrahi in a safe house in Strathclyde?
It would have been possible; the deputy chief constable said that his force would have risen to any challenge. However, it was made clear that there would have been significant operational difficulties—48 officers would have been required simply to monitor him in the house. To move him to hospital or elsewhere would have required additional policing above and beyond that.
Is the cabinet secretary aware that Strathclyde police authority has applied to fund 60 new trainee police officers at the Scottish Police College in addition to the trainees who are funded by the Scottish Government? The SPA is doing that at a cost of £2 million, which rather flies in the face of the claim of a possible shortfall in funding.
Absolutely. I pay great tribute to the chief constable of Strathclyde. It is to his enormous credit that he is not only delivering the Government's commitment to provide additional officers to Strathclyde but is, through his own actions, and supported by every officer of whatever rank in his force, ensuring that additional recruits are taken on, that officers are retained and that officers who are behind desks are redeployed.
Will the cabinet secretary accept my genuine congratulations on implementing Conservative policy in ensuring that the appropriate number of police are in place? Can I look forward to receiving the same degree of co-operation from him in future when budgetary matters are discussed?
I accept that in the spirit in which it was given. The Scottish Government is delighted to deliver the additional 1,000 officers. We are happy that the Scottish Conservatives have supported us on the matter. I will seek to work with Mr Aitken where I can on other financial matters, albeit that—in many instances—that work will be done by our colleagues who cover the finance portfolio.
Legal Aid (Eligibility Criteria)
To ask the Scottish Executive whether it is considering bringing forward proposals for changes to the eligibility criteria for receipt of legal aid. (S3O-7680)
We are currently considering whether any changes to the eligibility rules for civil legal aid are desirable.
As the cabinet secretary may be aware, last month, the convicted rapist and former police officer Adam Carruthers lost his appeal against the removal of employer contributions to his police pension. It has been estimated that the appeal cost the taxpayer more than £100,000 in legal aid fees. Moreover, he received legal aid for his appeals against sentence, at least one of which was abandoned. Will the cabinet secretary give an assurance that he will consider curtailing the use of legal aid for repetitive or vexatious appeals? On some occasions, including the example that I have raised, such appeals are tantamount to harassment of the victims of crime.
I am aware of Dr Murray's concerns on the issue—concerns that she has raised on previous occasions. Many in the chamber will share those concerns. Indeed, I discussed the matter with the chief executive of the Scottish Legal Aid Board.
Quasi-judicial Matters (Scrutiny)
To ask the Scottish Executive whether it plans to change the scrutiny process for quasi-judicial matters. (S3O-7606)
Ministerial decision making in cases involving offenders was examined by the late Sheriff Principal Gordon Nicholson QC, to whom the First Minister gave testament at First Minister's question time. Sheriff Principal Nicholson undertook that examination at the request of the previous Administration. His report was published last year, and made no recommendations for change in relation to the process for compassionate release.
Yesterday, you came under a great deal of criticism—
Through the chair, please.
Sorry. Yesterday, the cabinet secretary came under a great deal of criticism for his mishandling of the al-Megrahi decision. Mr MacAskill and his officials misdirected themselves about the basis of their decision by not giving proper legal consideration to the guidance, and to the balance of considerations in it. Parliament has highlighted that, in that decision, the powers were judicial but were exercised poorly in a way that no judge would entertain.
Question, please.
Will the Government therefore support our calls for the Parliament's Justice Committee to commence an inquiry to allow genuine scrutiny of the decision and the manner in which it was taken?
I made it clear previously in Parliament and I make it clear again that it was my decision and my decision alone, and I stand by it. It might have been more appropriate if those who are throwing brickbats around had taken a view before the decision was taken, but there we go.
When were the compassionate release rules first established and where are they derived from?
The legislation that we operate under dates from 1993. It provides that it is for ministers to take the decision. Parliament looked again at the arrangements for compassionate release in section 27 of the Custodial Sentences and Weapons (Scotland) Act 2007, which was introduced by the previous Liberal Democrat-Labour Administration. It replicated the Prisoners and Criminal Proceedings (Scotland) Act 1993, leaving the decision in the hands of ministers. Sheriff Principal Nicholson was asked to consider the issue. He did so, and that is the current position.
Knife Crime (Paisley)
To ask the Scottish Executive what steps it is taking to address knife crime in Paisley. (S3O-7648)
The Government is working with the national violence reduction unit, the Association of Chief Police Officers in Scotland and other partners to reduce knife crime wherever it occurs in Scotland. The collective effort is considerable, with the Government doing its part.
I am hoping for an explanation of the Scottish Government's decision to abandon a national ban on the public display of knives and the requirement to have closed-circuit television. How can it be right to propose a national ban on the public display of tobacco, and then cancel the planned national ban on the similar display of knives, which are responsible for more murders than any other weapon in this country?
The Scottish Government believes that circumstances in different parts of Scotland require different approaches. I am sure that the member agrees that what may be appropriate in the areas where gangs operate in Glasgow, or in Paisley, in her constituency, would simply not be appropriate in places such as Orkney, rural parts of Scotland or small villages and towns. That is why we allow local forces a measure of autonomy to determine the measures that apply in their areas.
Police Officers (Numbers)
To ask the Scottish Executive how many police officers are on the streets of Scotland compared to May 2007. (S3O-7624)
On Tuesday, official statistics revealed that there are 17,278 police officers in Scotland, the highest number ever on record. That means that the Scottish Government has reached its target of having 1,000 more police officers in Scotland—compared with the 16,234 officers when we came to power—well ahead of our pledge to do so by the end of this session. For the fifth quarter in a row, the number of police officers serving Scotland's communities has increased. There are now 1,044 more officers than there were in March 2007.
I am sure that the minister agrees that the increase in police numbers has had a positive impact on policing in Glasgow, and that it has been given added value in Glasgow through Chief Constable Stephen House's reform of community police shift patterns, to ensure that the maximum number of community police officers are on the streets when they are most needed. In some places, that has more than doubled their presence. Will the Scottish Government continue to work with our police forces to ensure not just that there is a greater number of police but, more important, that there is more effective policing?
Absolutely. I pay tribute to Chief Constable Stephen House, who has done an excellent job. We are delighted to fund the 1,000 additional officers, ensuring that Strathclyde gets its share. It is our largest force, and it faces many of the greatest difficulties with regard to recorded crime. It is clear that the chief constable is doing a fantastic job, as is each and every officer, whichever force in Scotland they serve in. It is appropriate to ensure that we have adequate numbers of police officers. We must also ensure that they are appropriately and properly used, and are not stuck in court twiddling their thumbs, having been cited to give evidence in cases that are never called.
Is it not vital that welcome additional police recruits can be retained in the future? Can we take it from the cabinet secretary's earlier answers that he will ensure that there will be no shortfall in the budget of Strathclyde Police, so that the promised officers are not just recruited but retained?
We are committed to funding the 1,000 additional officers. Two years ago—and even more recently—the member did not think that it could be done, but it has now been delivered.
Ah!
I hear a sedentary input from Mr Foulkes. As well as that £500 million, the Government is also paying—as am I, as a constituent and a representative of the city of Edinburgh—for the folly of a tram scheme that has cost a further £500 million.
Kafeel Ahmed
To ask the Scottish Executive how many police officers were required to guard Kafeel Ahmed in a Glasgow hospital from 30 June to 2 August 2007. (S3O-7591)
That is an operational matter for Strathclyde Police.
I am extremely disappointed—that answer reflects some of the comments that have been made over the past days and weeks. Given that experience, is it reasonable to suggest that it would have been impossible for the chief constable of Strathclyde Police to organise the guarding of Abdelbaset al-Megrahi in similar circumstances, had he been released into hospice or home care?
As I said to Bob Doris, I have great faith in our police and I have no doubt that whatever challenge is presented to Strathclyde Police, whether it is guarding an individual or reacting to a serious terrorist incident such as we had at Glasgow airport, the force rises to the challenge and shows that it is capable of dealing with it.
Rural Affairs and the Environment
Climate Change (Scotland) Act 2009<br />(Excess Packaging)
To ask the Scottish Executive when it intends to implement the provisions of the Climate Change (Scotland) Act 2009 that relate to reduction of excess packaging. (S3O-7616)
Although excess packaging is dealt with by the Packaging (Essential Requirements) Regulations 2003, which are a reserved matter, there is provision in the 2009 act that relates to targets for overall packaging reduction.
I think that the Government previously suggested that it has faith in a voluntary approach in the first instance. Surely if we are to take a voluntary approach we must have a sense of the overall reduction in packaging, whether we call it excess waste or unnecessary or unwanted packaging, that we expect to achieve. At what point will we test the approach and decide whether a compulsory approach is required?
I agree, as I am sure all members do, that we have to tackle excess packaging.
What approaches have been made to supermarkets, for example through the supermarket summit, on how to progress a reduction in packaging?
The member makes a good point. The Scottish retailers forum, which we set up with Scotland's leading retailers, is delivering dividends on waste issues as well as on many other issues of importance to Scotland, such as the buying of Scottish produce. For example, Marks and Spencer recently replaced the plastic tray that protected its beef with a thin skin pack, which is wrapped tightly around the product. The approach cut packaging by 69 per cent while extending the product's shelf life by four days, thereby helping to reduce food waste. Retailers in Scotland are taking action and a number of their actions have resulted from discussions with the Scottish Government during the past two years.
The Climate Change (Scotland) Act 2009 enables ministers to regulate on a number of waste prevention issues. A draft statutory instrument on data collection on waste is required to be laid within 12 months of the enactment of the relevant section. Is the cabinet secretary considering making further regulations during this session of the Parliament?
The consultation still has a few weeks to go and, as I said before, we will listen carefully to the views that we hear during it. Under the 2009 act, we are able to introduce a number of regulations to help tackle Scotland's waste problems. The extent to which we introduce them and the order in which we do so will depend on the outcome of the consultation, and we will listen carefully to the Parliament's views.
Derelict Land (Urban Areas)
To ask the Scottish Government what support the Cabinet Secretary for Rural Affairs and the Environment provides to local authorities to allow local residents to make use of unused derelict lands in urban areas for the purpose of community growing projects, gardens and orchards. (S3O-7631)
Our national food and drink policy supports the development of allotments and grow-your-own-food projects. We want to encourage people to work together legally to take advantage of the opportunities that unused derelict lands present for community growing projects. We will produce practical advice and guidance that will encourage public bodies, communities and individuals to work together.
Is the minister aware of the case in north Kelvin meadow in the west of Glasgow where local residents have grassed over, and planted flowers on, a long-derelict site to beautify and enhance their community but have found themselves evicted from the area by Glasgow City Council although there is no immediate plan to develop the ground?
Given the extent of the media coverage, I guess that few people will be unaware of the current situation in Glasgow—and, indeed, of the advent of guerrilla gardeners throughout the country.
I am glad to hear the minister's support for community gardens and other such projects. Does she acknowledge that, in many communities, the problems of derelict buildings and sites are real issues for local people? Will she press, with her fellow ministers, for councils to be given additional powers to deal with the irresponsible landowners who simply abandon sites in towns and villages, and encourage those sites to be brought back into the good use about which we have heard?
I suspect that that issue is a little beyond my remit, as it is a local authority responsibility. I hope that all members will join us in having discussions about the future of such derelict land and point to the examples in which good progress has been made, such as on some otherwise unused health board land that has now been turned over to such projects. It often helps to point to examples.
My question might sit better on the back of Jim Tolson's later question.
We are aware that some 3,000 people are on a nationwide allotments waiting list and that 70 per cent of the currently allocated allotments are owned by local authorities. That leaves 30 per cent that are not, so there is also capacity to grow—that is a bit of a pun, of course—the numbers of allotments outwith local authority land.
Sheep (Electronic Identification)
To ask the Scottish Executive what recent discussions it has had with the farming industry regarding the introduction of electronic identification for sheep in December 2009. (S3O-7598)
The Scottish Government has held regular meetings with the farming industry to discuss electronic identification for sheep. The most recent joint Scottish Government-industry working group met on Friday 21 August 2009. Prior to that, officials met formally with industry representatives on 19 August, 16 July and 23 June. In addition, I am in frequent contact with industry representatives, as are my officials, on this important issue.
The Cabinet Secretary for Rural Affairs and the Environment will be aware that sheep farmers across the country argue that there really is no need to tag electronically any sheep—any more than there is a need to tag politicians, some of them tell me—until they leave their holding of birth. What steps is the Government taking to ensure that the reasonable voice of those in the industry is heard, with a view to more significant improvements being sought and written into the forthcoming rules?
I think that the member said that we do not have to tag politicians until they leave their place of birth. I am not sure whether that was the point that the member made.
The cabinet secretary will be aware of the posturing of Lib-Dem Member of the European Parliament George Lyon on the issue and that EID was agreed during a Lib-Dem watch in this Parliament. In contrast, can the cabinet secretary tell us a bit more about the possible European Union EID relief fund that was won by Scottish National Party MEP Alyn Smith and about how the Government's electronic research pilot is getting on?
The electronic identification research pilot, funded to the tune of £3 million by the Scottish Government, has made significant progress and has helped the industry greatly in recognising some of the difficulties and potential solutions for dealing with this challenging regulation. The pilot will continue to be useful for the rest of this year, as we look at a number of new dimensions of the regulation.
What recent meetings has the cabinet secretary had with other EU ministers who are responsible for rural affairs and EID in order to discuss electronic sheep identification? Which ministers were they and from which countries did they come? When will he next meet any of those ministers?
The member might be aware that one of the other challenges is that many of the other member states have been pressing ahead with the regulation over recent years, so they are not that keen for any further derogations to be given to Scotland. That does not remove the case for fighting for further derogation at an appropriate opportunity, but it puts the negotiations in Europe into context. We have had many discussions with representatives from other member states. There are concerns in a range of such states over particular aspects of the regulations. We will continue with those discussions in the coming months.
Scottish Agricultural Wages Board
To ask the Scottish Executive whether it has reached a decision on the future of the Scottish Agricultural Wages Board. (S3O-7682)
I can announce today that the Scottish Government will retain the Scottish Agricultural Wages Board. We believe that the board continues to carry out an important role in chairing discussions between employers and employees in agriculture. Over 80 per cent of agriculture workers are actually paid at above the minimum rates. The market is therefore clearly playing a decisive role in setting wage levels for the vast majority of workers. However, some can be vulnerable to low pay and poor conditions, particularly migrant workers. The board can provide a safety net for such workers.
That is the first direct answer that I have had to a parliamentary question since I became a member of the Parliament in May 2007. I thank the cabinet secretary for his response and I encourage his colleagues to follow his lead.
I thank the member for those comments. Clearly, the issue was difficult and some valid arguments were made by various sectors that contributed to the consultation. However, the matter was rather inconclusive so I hope that we have the best way forward for Scotland's agricultural workers, who play a vital role in supplying food to the nation and protecting our precious environment.
I welcome the decision of the Cabinet Secretary for Rural Affairs and the Environment to retain the Scottish Agricultural Wages Board. I seek assurances from him that the board's role and remit in the annual review of agricultural wages and conditions will remain unchanged under the Agricultural Wages (Scotland) Order (No 57) 2009, whose publication is awaited next week.
Clearly, those decisions lie in the hands of the Scottish Agricultural Wages Board, whose members are appointed to fulfil that duty. Of course, we monitor what the board does and the statements that it makes. I have every confidence that we will have a positive way forward for Scotland's agricultural workers.
National Food and Drink Policy
To ask the Scottish Government what action is being taken to implement measures contained in the national food and drink policy. (S3O-7641)
On 26 June this year, we published "Recipe for Success", which sets out the next steps to take forward our policy for food and drink. Although the Scottish Government has an important role to play in the policy's development, delivery requires action by all those who have an interest in food and drink to make Scotland a healthier, wealthier and more environmentally sustainable place in which to live.
As the cabinet secretary is aware, high-quality Scottish produce is well renowned and well respected throughout the world, yet Scotland has one of the poorest levels of diet-related illness within the developed world. Given that apparent contradiction between what we have at home and what we eat, what is being done to encourage major retailers, in particular supermarkets, to stock more local produce from our local suppliers?
It is important that we have the cross-cutting approach that will be delivered through our national food and drink policy. Of course the health dimension is important, too. I know that we will all be pleased that Scotland's berry sector—a very healthy food—has just come through another successful year, with a number of companies expanding in Scotland. We must continue to support such companies, which can contribute to our economy and our health record at the same time. The member will be interested to know that Scotland's grocery stores—not just the big retailers but our hundreds if not thousands of grocery stores—are participating in the Scottish Government's aim of bringing healthy food to shelves the length and breadth of Scotland.
Prawn Fishing (Western Isles)
To ask the Scottish Executive what recent discussions it has had with the Western Isles fishing community and processing industry on the future of prawn fishing. (S3O-7686)
I visited Stornoway in April and heard at first hand about the challenging economic circumstances that face those who are involved in prawn fishing. Despite the difficult market conditions at the present time, prawns remain the most valuable species that is caught and landed by the Scottish fishing fleet.
The cabinet secretary is well aware of the relative fragility of the Western Isles economy and the important role that the fishing and processing sectors play in the area's economic prosperity. What assessment has he made of the revised total allowable catch quota for prawns? Will it be sufficient to allow the current fleet and processing industry to survive in the Western Isles?
The research that we have conducted so far suggests that low fish prices—which, in turn, relate to the global economic downturn—are the key factor that is impacting on the profitability of Scotland's nephrops fleet and the prawn sector. That is the number 1 issue, but the member is quite right to highlight the recent scientific advice on the future of nephrops quotas. The optimistic view is that the quota for prawns that will be made available to the west coast of Scotland will exceed this year's catch by the fleet. I hope that that will give some comfort to the sector. We are quite confident that if any reductions in quotas are required, we can secure much lower ones for the west coast, given that this year's catch is nowhere near the existing quota. The industry will take that on board when it discusses with the Scottish Government the level of quota that we should seek at this year's vital negotiations.