SCOTTISH EXECUTIVE
Europe, External Affairs and Culture
Commission on Scottish Devolution
To ask the Scottish Government whether it considers that proposals made by the Calman Commission on Scottish Devolution might still be implemented before the next United Kingdom general election. (S3O-9431)
The First Minister wrote to the Prime Minister on 24 November 2009 and again on 17 December 2009, setting out a timetable that would have allowed orders to be laid in this Parliament and at Westminster to transfer responsibilities to the Scottish Parliament before the UK general election.
I share the minister's disappointment that the Labour Government in London has refused to take forward the draft orders prepared by the Scottish Government, particularly with regard to air-guns. Does the minister agree that while the Scottish Government still stands ready to legislate on those important issues, the UK Government has done everything that it can to block and delay progress? Given that we have a particular problem with air-guns in Scotland, does she agree that holding back those powers from the Scottish Parliament for what appear to be purely partisan political reasons is unacceptable?
I agree with the member that the foot-dragging by the Labour Westminster Government is regrettable, bearing in mind that in 2008-09 air weapons accounted for 47 per cent of all offences involving firearms and 80 per cent of all acts of vandalism involving firearms, and that they were used in 66 per cent of offences of reckless conduct with firearms. That example alone makes it clear that in Scotland we should be making policy for Scotland, not making work for Labour's Secretary of State for Scotland.
The minister is aware that 79 per cent of those in Scotland who were questioned in recent research want the current drink-drive limit to be reduced from 80mg of alcohol per 100ml of blood to 50mg per 100ml. Given that all of Scotland's unionist parties supported the Calman commission, and that they all say they support the recommendation to transfer powers on drink driving, does the minister, like me, fail to understand why the powers to cut the drink-drive limit and save lives were not transferred to Scotland without delay?
Orders have been used in relation to freedom of information, railways and latterly the Somerville judgment, so it is clear that orders can be used on substantial areas of policy development. It is deeply disappointing that the delay means that progress on this vital proposal, which Dave Thompson has been championing for some time, and for which there is cross-party support, has been delayed by the current Labour Administration.
Royal Commission on the Ancient and Historical Monuments of Scotland
To ask the Scottish Government what support it gives to the Royal Commission on the Ancient and Historical Monuments of Scotland. (S3O-9415)
According to the 2008-09 review of the commission's centenary year, the Scottish Government provided 75 per cent of the commission's total income as direct funding in that year. In addition, Historic Scotland provided approximately £221,000 in grants for specific projects as part of the remaining 25 per cent of the commission's income.
Does the minister acknowledge the value and importance to Scotland of the work that has been done by RCAHMS over the past 100 years of collecting? Does she join me in congratulating the commissioners, staff and volunteers on the successful celebration of their centenary through the treasured places exhibition, and welcome the commission's future plans as the first port of call for anyone wanting to find out about Scotland's places?
Yes, I do. I understand that members have been sent the report from the commission's centenary year. We should recognise the initiatives that took place in that year and the on-going work that RCAHMS does for the benefit of Scotland. I urge people to engage further to ensure that they understand the impact of RCAHMS in respect of places in Scotland.
I was pleased to learn of the minister's support for RCAHMS. What progress is she making on providing the necessary funding for a new storage facility and headquarters for that highly regarded and supported organisation?
I acknowledge the member's continued interest in the area. Although I cannot provide any detail, the area is under active consideration. Obviously, RCAHMS has both office space and, as the member indicated, storage space, particularly for archive material that has to be deal with sensitively. It is important to look at where co-operation can take place with other organisations and public bodies. I am pleased that RCAHMS is actively involved in that pursuit.
READ International Book Project
To ask the Scottish Executive whether it is aware of the work of the READ International book project in redistributing used school and university textbooks to support the local curriculum in Tanzania. (S3O-9445)
Yes, we are aware of the good work of the READ International book project in supporting schools in Tanzania and Uganda and promoting global citizenship here through its awareness-raising work with Scottish schools. Since August 2009, 21 schools in south-east Scotland have been involved in the initiative, which across the UK has provided more than 500,000 quality, relevant textbooks for schools in both countries.
I will be very interested to read the document to which the minister referred.
I was very pleased to learn of the University of Edinburgh project. I congratulate the students and staff on what they have achieved thus far. The target is ambitious, but if more people get to know of the initiative and help to support it, we can ensure that Scotland again contributes as we should do to global citizenship and learning. We should ensure that the initiative is well publicised. I am more than happy to support the member in that regard.
Youth Music Initiative
To ask the Scottish Executive whether it is committed to the youth music initiative and for what period it will fund the scheme. (S3O-9386)
As Michael Russell explained to the member in written answer S3W-27995 on 27 October 2009 and to Ken Macintosh in oral questions on 29 October 2009, funding for the youth music initiative is committed until March 2011. Longer-term options for the initiative, as with all Government expenditure, will be considered in the next spending review.
Does the minister agree that the youth music initiative is one of the most successful programmes and that music plays a vital role in the development of a young person in terms of learning and concentration? I record my support for the Government's continued support of the project, which it inherited from Labour.
In the last four years of the previous Executive, £27.5 million was spent on the youth music initiative. In the three years to date of this Government, £30 million has been spent on the initiative.
I am sure that the Parliament will welcome the publication this month of the report of the traditional arts working group, after another successful Celtic Connections season. Will the minister ensure that Scottish traditional music and dance are part of the youth music initiative in every council area in Scotland?
I commend the traditional arts working group on its work to ensure that people are aware of the positive suggestions that have been made about the traditional arts in Scotland. There are specific challenges and opportunities. The report is practical and contains a number of key suggestions. We are already committed to providing mentoring and support for young artists, so that they can work with those who have expertise.
Is the minister aware of the wonderful musical education that is enjoyed by pupils in Midlothian, which is among the best in Scotland? Midlothian enjoys funding from the youth music initiative but, as my colleague Pauline McNeill said, many other youngsters experience music through local authorities' education budgets. Such budgets are constrained at the moment because of the poor local authority settlement. If music education is under threat in local authorities as a result of poor budgets, will the minister consider providing money to compensate for that?
I am sure that the member will not be backward in coming forward to speak to her Labour colleagues who run Midlothian Council about the priority that they give to music education. It is important to stress that £2 million out of the youth music initiative budget of £10 million is not delivered in more formal educational surroundings, thus providing an opportunity for more flexible and, perhaps, more innovative work to support youth music.
Lisbon Treaty
To ask the Scottish Government what implications the Lisbon treaty will have for the Scottish Government's input into United Kingdom Government European policy. (S3O-9411)
The Lisbon treaty has significant implications for Scotland. There are new areas of European Union competence and practice relevant to Scotland's devolved responsibilities—in energy, justice, agriculture and fisheries, among others. That underlines the importance of the Scottish Government's proactive approach to inputting into the UK's European policy, as well as engaging directly with EU institutions.
With Europe's growing impact in the area of freedom, security and justice, is the minister confident that current arrangements recognise the unique nature of Scots law? Has consultation take place on what will happen if Holyrood wants to opt into new European legislation from which Westminster wants to opt out?
I agree that Scotland, not Westminster, should take the lead on matters affecting Scots law. Over the past 10 years, there has not been a situation in which the Scottish Government has wanted to opt into European legislation and the UK has not. However, we must ensure that the Scottish Government is fully consulted before the UK position on all European policy that affects devolved matters is settled. We will continue to work in that way, following the procedures that are in place. At the joint ministerial committee on Europe, Scottish Government ministers have emphasised the importance of close consultation, especially on justice and home affairs matters, in respect of Lisbon treaty implementation.
The minister is aware that the European and External Relations Committee is conducting an inquiry into the implications of the Lisbon treaty for Scotland, to examine in detail precisely the matters that we are discussing. Does she agree that, given the increased role for regional and local authorities, the improved powers of co-decision for the European Parliament and the increased transparency in the Council of Ministers for which the Lisbon treaty provides, the United Kingdom Government was entirely right to sign up to the treaty, despite the controversy and opposition from some parties represented in the chamber?
I will focus my attention on how we can use the Lisbon treaty to our best advantage. I know that the work of the European and External Relations Committee will inform that process. However, we fully acknowledge that it is the responsibility of the Parliament and the Presiding Officer to establish the terms on which they want to engage with the Government to ensure that the aspects of the treaty to which the member referred are taken forward. We stand ready to co-operate with the Parliament, but we respect the fact that it is the Parliament's role to do that. I discussed the issue with David Miliband at a recent meeting of the JMC on Europe. Working with the UK Government, we can ensure that the Scottish Government and, more important, the Scottish Parliament, are heard within that procedural context.
As the minister is aware, the Lisbon treaty sets out the subsidiarity principle—the idea that decisions should be made at the appropriate level—but there is no direction from the European Union on how the principle will work in each member state. How will the Scottish Government ensure that the UK Government will not overlook the Scottish Parliament and Government in the EU decision-making process?
That is a critical point about the operation of the Parliament and the Government. I am not sure that it is necessarily for the Scottish Government to ensure that parliamentary procedures are put into effect to ensure subsidiarity. I know that several members are impatient with progress on the issue. We can learn from how other nations are pursuing the issue. I understand that Irene Oldfather's European and External Relations Committee is examining best practice in other areas. If we are to be consulted in a short window of opportunity on subsidiarity and timescales, we need to get the processes in place. We stand ready to co-operate with the committee and the Parliament in that regard.
Haiti (Emergency Relief Effort)
To ask the Scottish Executive, further to the First Minister's comments in the chamber on 14 January 2010, what action the Scottish Government has taken to provide support to the emergency relief effort in Haiti. (S3O-9440)
Immediately following the announcement of the Disasters Emergency Committee appeal, I met representatives from the main Scotland-based non-governmental organisations that were already operating in Haiti to be briefed on their experiences and activities. Following that meeting, I set out several ways in which the Scottish Government could support NGOs. I announced funding of at least £250,000 to assist Scotland-based NGOs with their humanitarian efforts. Officials are assessing the bids that have been received and I will announce the outcome soon.
I am glad that so many members are wearing red for Haiti today.
We continue to have dialogue with DEC members. We will announce shortly our decision on the bids that have been received, but they are from NGOs, which have been able to assess the needs. The funding from the Scottish Government will reflect their assessment. As Jim Hume and I heard at the eyewitness account last week, communication is a key concern. As there is so much movement of people away from Port-au-Prince, we need to ensure that there is activity on support and communications elsewhere in Haiti. The member might be interested to know that somebody from Historic Scotland is in Haiti helping with map-reading in the distribution of aid. That helps with the logistics and communication issues to which the member referred.
The minister will be aware that, in addition to Scottish Government support, more than 50 per cent of Scots donated to the Haiti appeal in the first two weeks after the earthquake. Does she agree that, particularly in the current economic climate, those are strong indications that the people of this country see disaster relief and international development not simply as an act of charity, but increasingly as our absolute duty as global citizens?
Indeed, I do. In answer to a previous question, I referred to the importance of global citizenship and our responsibility in Scotland. People's willingness to offer help and the overwhelming response of the Scottish public are to be congratulated, but we must maintain the momentum and the profile of the disaster to ensure that people continue to donate and provide help as they can.
Joint European Resources for Micro to Medium Enterprises
To ask the Scottish Government whether the Minister for Culture and External Affairs has raised or will raise at the joint ministerial committee on Europe the issue of apparent discrepancies between Wales and Scotland regarding applications for joint European resources for micro to medium enterprises—JEREMIE—funding. (S3O-9435)
Discussions at the JMC on Europe cover a range of issues, including co-ordination between the United Kingdom Government and devolved Administrations. We raise matters in a variety of ways with the UK Government. The Cabinet Secretary for Finance and Sustainable Growth wrote to Her Majesty's Treasury on 16 December to express disappointment that the UK Government budgeting rules in effect prevented the establishment of a JEREMIE fund in Scotland. We have yet to receive a reply.
I hope that that reply will be speedily forthcoming. Does the minister agree that the UK Government's insistence that Scotland, unlike Wales, must set up a private company to obtain JEREMIE funding, which has meant that £69 million has been lost from the Scottish budget, is a direct attack on small businesses in and the economic recovery of Scotland?
Scotland is taking forward its own policy. The Scottish investment bank, which has been announced by the First Minister, currently holds about £150 million, which can be used to support business. Clearly, we will continue to have dialogue with other Administrations about their experiences in using their own initiatives.
Education and Lifelong Learning
Schools (Community Access)
To ask the Scottish Government what measures are being taken to address the lack of community access to schools built under previous private finance initiatives. (S3O-9422)
The new school estate strategy, "Building Better Schools: Investing in Scotland's Future", recognises that schools are major public and community assets and should be open to serve their communities accordingly. That is shown in its ninth principle, which sets out that schools should best serve their communities and which will be reflected in each of the 55 schools built under the new £1.25 billion school building programme.
Can the cabinet secretary assure the Parliament that schools that will be built in partnership with the Scottish Futures Trust will address the issue of access and make it much easier for pupils and communities to use the schools outside school hours?
I know that the Scottish Futures Trust is very concerned to ensure that communities get the schools that they think will best suit them. There is always a balance to be struck between the resource that is available and the facilities that can be provided. That is a perpetual tension in life when trying to purchase anything. However, I am absolutely certain that, within that construct, there will be an attempt to ensure that each community can be proud of, use and get the maximum flexibility from the school that is built in its area.
The minister will know that Earlston high school in my constituency is a public-private partnership secondary school with fantastic community facilities, which were partly funded through the level playing field support that was provided by the previous Administration. Will the cabinet secretary be very clear about what the SFT has told local authorities, which is that if any schools that are built under the school building scheme that he has just referred to include community facilities that are outside what the SFT believes is appropriate, the funding will not come from the Scottish Futures Trust and it is for local authorities to pay more?
There will, between each local authority and the Scottish Futures Trust, be a constructive and creative dialogue that will endeavour to secure the best building for the community. That dialogue should be entered into with enthusiasm and commitment on both sides, and with recognition of the envelope of resource that is available. That strikes me as being a sensible way to take the issue forward.
Skills (Unpaid Carers)
To ask the Scottish Executive, given that education and lifelong learning for Scotland's 660,000 unpaid carers are not mentioned in "Skills for Scotland", what role agencies such as Skills Development Scotland have in supporting learning and training for, and addressing the particular needs of, unpaid carers. (S3O-9393)
The planned refresh of the skills strategy offers the opportunity to consider further the learning and training needs of unpaid carers and older young carers with partners such as Skills Development Scotland and the Scottish Further and Higher Education Funding Council.
Is the minister aware that, in accessing education, carers and young carers need flexible and accessible education and that, in some cases, there is a need for respite? How will the Government ensure that cross-cutting needs of carers are taken into account in the different portfolios and across Government?
That will be part of the refresh of the skills strategy, which I mentioned. I appreciate that Cathy Peattie will have lodged her question before last week's debate on the skills strategy, in which that issue was raised, so I refer her to the response that I gave then. A substantial amount of work is being done through the Princess Royal Trust for Carers—the Scottish Government has given £200,000 for young carers.
School Exclusions
To ask the Scottish Government what action it has taken to tackle the number of exclusions in schools. (S3O-9425)
The Scottish Government is helping to create the learning environments needed for positive behaviour with opportunities for more engagement, motivation and enjoyment. Curriculum for excellence provides opportunities for a broad, flexible and personalised curriculum to develop skills for life, learning and work. That contributes significantly to keeping all children and young people engaged and involved in their education.
I thank the minister for that answer and join him in welcoming the hard work that has already been done. I am sure that the minister is aware that pupils who have additional support needs and who are in mainstream schools have a higher rate of exclusion than those who do not have an ASN in mainstream schools, and that the rate of exclusion for pupils who are declared as having a disability is considerably higher than it is among other pupils. Given those differences in exclusion rates, what plans are in place to tackle exclusion rates for school children who have additional support needs?
I acknowledge the problem that Stewart Maxwell identifies. It is also true that additional support for pupils who are looked after has been provided to a greater extent than was the case in the past. There has been a drop in the number of exclusions for pupils in that category, although we recognise that there is substantial room for improvement.
I was very interested in the minister's wish to roll out good practice. Is he aware of the 98 per cent reduction in exclusions that has occurred in the past 15 months in John Paul academy in my constituency? Will he join me in congratulating the headteacher, Vincent Docherty, his staff and, of course, the pupils, who have contributed to that reduction? Will he look for examples of good practice from that school to roll out more widely?
I would certainly wish to do that. That reduction in exclusions is a tremendous achievement. It underlines the fact that sometimes the solutions are complicated and take a long time to come to fruition. The scepticism that surrounded publication of the figures last week does no credit to the school or the headteacher that Patricia Ferguson mentioned, or to many other schools and headteachers throughout the country. There is a great deal of very good practice going on. I am happy to endorse what the member said.
It is very good news that the total number of exclusions has reduced, but it is not good news that there is a higher percentage of violent attacks on both pupils and staff. What is the Government doing to address that?
It is certainly the case that any exclusion that results from violence, especially violence with weapons, is to be regretted and has to be a focus of activity. I am aware from schools that I have spoken to that that is happening. It was also highlighted in the report "Behaviour in Scottish Schools 2009", which Liz Smith will know about and which was published a few weeks ago. From that report, it is perfectly clear that teachers throughout Scotland feel that they now have at their disposal far more resources and training to deal with such situations. It is also true to say that we have to continue to focus on such behaviour, because physical violence against those who seek to teach our children is never right.
Skills Development Scotland (Number of Staff)
To ask the Scottish Government what the staff head count was for Skills Development Scotland at 31 March 2009. (S3O-9446)
The staff head count for Skills Development Scotland at 31 March 2009 was 1,542, or 1,438 full-time equivalents.
I thank the minister for his reply, which tallies with the annual report of Skills Development Scotland. Can the minister explain why, when the Cabinet Secretary for Finance and Sustainable Growth wrote to me on 26 October 2009, he said that the equivalent figure at the end of quarter 1 of 2009 was 1,560? Can the minister explain why there was a £4 million increase in the pay bill for that quarter? If it was to do with paying off staff, is it appropriate that that £4 million to pay off staff in Scotland's skills agency was being spent at the same time as the chief executive was receiving a 5 per cent increase in his salary and a 70 per cent increase in his pension entitlements?
On the discrepancy that Jeremy Purvis has identified, it is quite correct that SDS had a head count of 1,542, or 1,430 full-time equivalents, as detailed in the SDS 2008-09 annual accounts, as at 31 March 2009. The public sector employment statistics for quarter 1 of 2009 show SDS staffing to be, as Jeremy Purvis said, 1,560, or 1,433 full-time equivalents. The SDS would have provided data in quarter 2 of 2008-09 in relation to those statistics. However, the accounts were laid before Parliament in December, following completion of Audit Scotland's scrutiny in quarter 3 of 2008-09. Given the time lag, the SDS annual accounts have been developed over a longer timescale, which has allowed its human resources systems to be updated, which would explain the slight discrepancy of 18 in head count and five in full-time equivalent terms between the two sources of information.
The minister has just been talking about the voluntary severance scheme at Skills Development Scotland. Is he aware of the concerns that have been raised by the Scottish Training Federation that many of the experienced officials in SDS who were handling apprenticeship funding and organisation have left, and have been replaced by people whose backgrounds are in the careers service and who lack the necessary expertise? Can the minister address that matter when he next meets representatives of SDS?
Those concerns have not been addressed to me by the Scottish Training Federation. The so-far superb performance of Skills Development Scotland in the hugely ambitious programme of apprenticeships take-up this year suggests that those staff have the resources and expertise to deal with the environment that they are in. The voluntary severance scheme was implemented, as I have mentioned, as four organisations were brought together into one, making services more efficient. Front-line staff were, as I said, exempted from that. It is up to Skills Development Scotland to ensure that it has the right expertise and resources at its disposal to do what we ask it to do. It seems to be managing to do that so far.
National Courses
To ask the Scottish Executive what assessment it has made of the capacity of schools to timetable for pupils to study multiple national courses at secondary 4 level after their introduction in 2013. (S3O-9442)
As at present, the number and range of qualifications that are undertaken by young people will be for schools, education authorities, colleges, parents and young people themselves to decide. The new qualifications will be designed to build on prior learning and will be flexible enough to be timetabled in many different ways. Our aim is to raise the level of achievement and to ensure continued breadth in the S4 to S6 senior phase. We expect young people to have the opportunity to study up to eight qualifications from S4.
Last week, the Scottish Secondary Teachers' Association claimed that the new national courses will lead to "timetable chaos" unless pupils drop some subjects. Currently, as the cabinet secretary has said, many pupils sit eight subjects over two years, but one year's study is more suited to five subjects. If pupils are obliged to reduce the number of subject areas, surely that runs counter to the curriculum for excellence agenda.
I can do much better than that. I met the SSTA recently and spoke about the issue that Alison McInnes has raised and other issues, and I met the EIS last week. I continue to have a useful and detailed dialogue with a range of bodies on curriculum for excellence and how we can engage the whole Scottish education community in ensuring that it is the best it can be. That dialogue is not helped by artificial divisions.
Does the cabinet secretary envisage any pupils sitting national courses in their third year, rather than their fourth year? If so, how many pupils will do that?
I envisage a continuing discussion about what is best for each young person. If Mr Macintosh wants to be part of that process—I hope that he does—let us engage on whether his suggestion would be useful or sensible for the young people involved.
School Closures (North Lanarkshire)
To ask the Scottish Executive what impact the primary school closures proposed by North Lanarkshire Council will have on service delivery for pupils in the areas concerned. (S3O-9401)
I am sure that the member knows that the proposed closure of primary schools in North Lanarkshire or anywhere else is entirely a matter for the council concerned. Local authorities are under a statutory duty to ensure adequate and efficient provision of school education in their area and, in that context, they may review their school stock and how the location and condition of their schools reflect population patterns and meet educational needs. There is, of course, a legislative framework. New legislation on school closures will come into effect on 5 April.
I seek clarification on the rights of parents and pupils who oppose school closures and have expressed concern that the local authority has produced misleading information to justify the closures. What is the role of the cabinet secretary's department in ensuring that decisions to close schools can be justified by the local authority?
The member knows that I have been on record for many years and in many campaigns to ensure that good and accurate information is provided to parents, and to ensure that if flawed information is provided, the process of closure by an authority does not go ahead. I was a member of the Parliament's Education, Culture and Sport Committee when it conducted an inquiry—in 2002, I think—for which Cathy Peattie was a reporter, on provision of flawed information to parents. The legislation that is due to come into effect in April focuses on the quality of consultation in order to ensure that consultation is open, transparent and honest.
The cabinet secretary will be aware that I have corresponded with his department on the issue. Parents and politicians are concerned about the issue that Mr Wilson has raised about the quality and accuracy of the consultation document—
Question, please.
North Lanarkshire Council has indicated that it is using the new legislation during the consultation process. Does that enable the cabinet secretary to intervene in any way or to ask the council to delay its decision until the legislation has taken effect?
The brief answer to that is no. I know that time is pressing, Presiding Officer, but may I make a brief additional comment? I encourage all councils to treat closures at this stage as if they were taking place under the new legislation, which makes it clear that the quality of the consultation and the information that is provided are central to getting the process right. Schools close—that is regrettable, but it happens—and parents must be taken along through the process, confident that their elected representatives are telling them the truth. I want that to happen in every part of Scotland.