Official Report 177KB pdf
13:38
The next item of business is general question time. In order to get in as many members as possible—we are already nine minutes into the time for this item, which I will allow to run on for some minutes—I would like short and succinct questions, and answers to match.
Vaping (Young People)
To ask the Scottish Government what action it is taking to curb vaping among young people. (S7O-00010)
The Scottish Government is taking action to tackle vaping among young people. In our first 100 days in government, we will consult on the retail display of vapes in order to remove the appeal and visibility of vapes to young people.
Under the Tobacco and Vapes Act 2026, offences on the free distribution and nominal pricing of vapes will come into force on 29 October this year. From 1 June 2027, a comprehensive ban on advertising vapes will come into force, which will reduce young people’s exposure to vape adverts.
We are taking forward substance use education work in our schools through curriculum for excellence. Young people learn about a variety of substances, including vapes, and information is available through the Young Scot, Parent Club and NHS Inform websites.
I recently met one of my constituents to discuss her concerns about underage vaping. We both agree that vapes should be stored like cigarettes, with no colourful marking or flavours available, to make them much less appealing. I am aware of the cross-governmental work on the issue. Will the minister give a progress update on that and touch on what more can be done to ensure that vapes are not available to those who are underage?
I share the concerns of Marie McNair’s constituent, and I am taking decisive action to tackle underage vaping and to prevent a new generation from becoming addicted to nicotine. The cross-Government Tobacco and Vapes Act 2026 was granted royal assent on 29 April. The act contains powers to regulate product features, packaging, ingredients and flavouring for vapes. We will continue to work closely across the United Kingdom and devolved Governments on those matters.
As I said in my original answer, we will consult on the retail display of vapes within our first 100 days in government. We are working closely with the Society of Chief Officers of Trading Standards in Scotland to strengthen the enforcement of existing legislation that bans the sale of vapes to those who are under 18, including through checks on the age of sale, alongside providing guidance and support to businesses.
With flavours such as candy and sugar, it is indisputable that vapes are marketed towards children. In April, the Riddrie action group expressed concern that far too many vapes are being targeted towards children. Will the Scottish Government consider a nationwide moratorium on new vape shops being established within a certain radius of educational establishments?
Planning authorities within local authorities are able to regulate the development of shops, including the creation of new shops, but changes to the specific range of goods that are sold in an existing shop do not constitute development, so they are not within the scope of planning control.
However, Scotland has a tobacco and vapes retail register, and all businesses must be registered to be able to sell those products in Scotland. It is the responsibility of local authorities to enforce compliance with the register in their local areas, and it is already illegal to sell all such products to under-18s. The registration process means that that illegality can be stamped out.
Lochgelly Health Centre
To ask the Scottish Government what action it is taking to bring forward the delivery of a new Lochgelly health centre before 2031. (S7O-00011)
As announced in the Scottish Government’s infrastructure delivery pipeline on 13 January, an initial tranche of 12 primary care projects is being developed, including projects in Lochgelly and Cowdenbeath. Work has already commenced on the development of a standardised approach to service planning, design, procurement and construction for all 12 projects in the programme. That will, of course, take time. Our current planning assumption is that construction will start in around 2031.
I welcome the Scottish Government’s commitment to delivering a new health centre in Lochgelly. The cabinet secretary will appreciate that my predecessor was a fierce advocate for Lochgelly, and I am keen to ensure that a health centre is delivered as soon as possible. However, it is important that I make it clear that there are concerns about the suggested expansion of the centre to include Cowdenbeath.
Will the cabinet secretary advise how the Scottish Government is engaging with NHS Fife on the areas that the new medical centre will cover? She will appreciate that my constituents are keen to ensure that Lochgelly receives the health centre that is so critically needed. Would she be willing to meet me at the existing centre to hear my constituents’ concerns?
I am more than happy to meet Mr Barratt. I assure him that the Scottish Government is engaging with NHS Fife, and it is my expectation that NHS Fife will engage with the communities and MSPs in the area.
Despite the financial challenge, we are developing a whole-system national health service infrastructure plan, which includes the primary care investment programme. Within that, we have already confirmed Cowdenbeath and Lochgelly as a priority area.
I say “Cowdenbeath” in the context of the member’s constituency geography rather than to indicate a specific facility. That reflects the place-based approach. No decision has been taken at this stage on whether elements in priority areas will be progressed as single or separate projects—that will be determined following service planning.
Mr Barratt raised the issue of the coupling of Lochgelly health centre with Cowdenbeath and the concern that that will delay the Lochgelly centre. The Lochgelly centre is a shovel-ready project, and people have waited a long time for it to be delivered. The existing centre no longer meets the needs of local people and the Government has known that for a while—it has been more than a decade since it was identified that they need a new centre. When will that be delivered? The cabinet secretary has talked about perhaps starting to build in 2031, but people have been waiting more than a decade.
If the member is not already aware, it is important that I inform her that, in 2022, an outline business case was submitted for the replacement of Lochgelly health centre, and detailed feedback was provided.
At this stage, it is crucial that we unlock these much-needed projects. The infrastructure investment plan is key to that. Such developments are crucial to expanding primary and community care, in order to shift the balance of care from hospitals into the community so that it is nearer to people and can meet their needs.
Disinformation and Conspiracy Theories
To ask the Scottish Government how it plans to address harm caused by disinformation and conspiracy theories, including climate denial propaganda. (S7O-00012)
Climate change and its effects are real. Those who would undermine climate action do so in the face of all evidence. We are committed to making Scotland a carbon-neutral and climate-resilient nation, with all the economic benefits that that brings.
The Scottish Government is tackling climate disinformation through proactive public engagement and trusted, evidence-based communication on climate change. That includes our national network of community climate action hubs and our climate engagement fund. To support public understanding and collective climate action, we are enabling access to reliable sources of information. We must and will challenge climate deniers with the evidence.
The issue goes beyond one portfolio. Yesterday, we saw how online disinformation can quickly lead to violence and far-right opportunism. We have also seen disinformation and conspiracy theories in relation to issues such as vaccines, contraception, the treatment of minorities in our society and—as I have said—the reboot and rebirth of climate denial, not only in online forms but in the mainstream media. Will the cabinet secretary sit down with other ministers across portfolios and ensure that the Scottish Government develops a robust and comprehensive strategy to deal with disinformation and conspiracy theories across all topics?
I do not think that there are any climate change deniers in the Cabinet or in the ministerial team. I do not think that there are any climate change deniers in my party—or in the Green Party, obviously. Across the chamber, in the main, we do not have climate change deniers. In the previous parliamentary session, I made the point of saying that I did not believe that we had any climate change deniers—however, in this parliamentary session, unfortunately, we do. They cannot take hold.
The way to combat climate change denial is to have at our fingertips facts about climate action—not only about the health and societal benefits but about the number of jobs that it involves and the opportunities that Scotland has for growth. We have the facts at our fingertips and we must all take that responsibility.
People need to speak out against those who would come away with ridiculous phrases such as those that we have heard in the past couple of days from Malcolm Offord, who called net zero “net stupid zero”. In my book, that is not parliamentary language; it is very childish and it flies in the face of the evidence and the facts.
Single-sex Spaces (Equalities and Human Rights Commission Guidance)
To ask the Scottish Government what action it will take to address reported concerns that implementing recent Equalities and Human Rights Commission guidance on single-sex spaces will put at increased risk both transgender people and cisgender people who present in gender non-conforming ways. (S7O-00013)
The United Kingdom Government has now approved the EHRC’s code of practice and laid it before the UK Parliament for 40 days of scrutiny before it comes into force. That is in line with the UK Government’s reserved powers in the Equality Act 2010.
Scottish Government officials are now undertaking a detailed analysis of the code and its implications, including how it will affect service providers and the rights, safety and dignity of all individuals. The code does not change the provisions of the Equality Act 2010, which continues to provide protections against discrimination, including for individuals on the basis of gender reassignment. As those protections remain in place, transgender people are protected in law, and any application of the code must be consistent with those protections.
Organisations such as the Equality Network and LGBT Youth Scotland have warned that implementing the guidance will inevitably require people to make assumptions about who is and who is not a woman based on appearance, which will set back equalities and human rights for everyone. Front-line staff may be expected to make judgments in everyday settings in our public services. Stakeholders argue that the guidance is not only harmful but fundamentally unworkable. National health service boards, universities, councils and leisure providers have all expressed uncertainty.
Question, please.
So, what support is the Scottish Government providing to ensure that public services are not drawn into costly disputes and inconsistent and discriminatory practices?
The EHRC is the enforcer of the Equality Act 2010, and it is for it to provide guidance. In this case, guidance has been provided to the UK Government and, as I said, that guidance is now before Parliament.
I recognise Maggie Chapman’s point about the very strong views that are held on the guidance and the fact that there is concern about the implications for services and individuals. The points that the Scottish Government raised with the UK Government when it wrote to it on the draft code in November 2025 included the issue of social policing.
As I said in my original answer, the Government is undertaking a detailed analysis. It is for other individuals and organisations to take their own legal advice. It is not for the Scottish Government to produce another code or guidance on the issue, but, within our remit and to ensure that we comply with the law, we are undertaking the required due diligence, as members would expect.
The Court of Session has just ruled against West Lothian Council in my region in finding that providing multi-user unisex toilets in a primary school amounted to indirect sex discrimination against female pupils. Therefore, will the Scottish Government implement the EHRC guidance in full without further delay and work directly with councils to ensure that they are not falling foul of sex discrimination law?
If Meghan Gallacher will forgive me for saying so, I think that she is confusing two different pieces of legislation. Maggie Chapman’s original question was about the Equality Act 2010 and the guidance that followed from that. There is an issue around the regulations on the provision of facilities in schools, on which the Scottish Government will undertake consultation and will look to update in due course. We will, of course, analyse very carefully the findings of the court decision that Meghan Gallacher has referred to, which is a separate issue from that of the EHRC guidance.
Youth Disorder (Summer Months)
To ask the Scottish Government how it will support Police Scotland and local authorities to tackle youth disorder over the summer months. (S7O-00014)
The Scottish Government is committed to tackling all forms of antisocial behaviour and violence in our communities. Any disorder is not acceptable. Although operational decisions are for the chief constable, the Scottish Government supports Police Scotland and local authorities to take necessary action that is suitable for their own communities. I have noticed that, in Ms Haughey’s constituency, community officers are being deployed to tackle youth disorder and target problem offenders.
We complement that work by investing in preventative approaches, including by funding diversionary activities in every local authority area through the cashback for communities programme and by providing targeted support for youth violence initiatives such as Medics Against Violence and No Knives, Better Lives.
I, too, commend the local police authorities in my Rutherglen and Cambuslang constituency for the work that they are doing. However, as the summer school holidays roll around, many people in my constituency will be concerned about the potential for youth disorder to occur, in particular in association with alcohol use and underage drinking. How will the cabinet secretary ensure that local police teams and local authorities have the resources that they need to tackle the issue, especially over the summer months?
I recognise Ms Haughey’s concerns, which are shared by residents in my constituency. I am confident that Police Scotland will tackle any such disorder whenever and wherever it occurs. How officers are deployed in any local area, including over the summer, is a matter for the chief constable, who has been clear that she intends to bring front-line policing into the strongest possible position. I know that, like me, she regularly meets with local policing teams to seek confidence.
The Scottish Government is also investing in youth work and in diversion, so that young people have positive alternatives during school holidays, including initiatives such as the extra time programme. In addition, we are providing Police Scotland with record funding of more than £1.7 billion, which the chief constable has said will mean that she can maintain officer numbers at 16,500 in the coming year, and we continue to have more officers per head of population than in England and Wales.
I am sure the cabinet secretary will agree that giving equity of access to long-term relational youth work in bespoke places will better enable young people from all backgrounds to thrive and will negate the need to view young people as the problem. YouthLink Scotland’s review of the Scottish National Party manifesto found key areas lacking. Can the cabinet secretary confirm that the SNP Government will commit to fairly funding youth work with equality of access, regardless of postcode, and to embedding youth work in justice, education, health and anti-poverty strategies throughout the programme for government?
A lot of work is ongoing in the community and voluntary sectors to support young people. We continue to invest in charities and social enterprises and have established our two-year pilot of the fairer funding programme, giving grants totalling more than £130 million to community and voluntary organisations between 2025-26 and 2026-27. I am confident that the ask that Holly Bruce makes is already being met.
Before we move to question 6, I remind members that the sub judice rule is engaged in live criminal cases and I therefore ask members not to comment on sentencing that is still to take place.
Sentencing
To ask the Scottish Government what actions it will take to help ensure clear and transparent sentencing. (S7O-00015)
Sentencing decisions in individual cases are a matter for the sentencing judge. The sentencing of offenders is usually announced orally in court. The judge will often give reasons for imposing a particular sentence at the time of sentencing and may also publish a sentencing statement regarding certain cases of particular public interest or those that raise wider issues.
The Scottish Sentencing Council, which is a statutory independent advisory body, aims to promote greater public understanding of sentencing and has published a range of online information to help the public to understand different aspects of sentencing.
Fundamentally, it is us, in this Parliament, who decide and determine the law, and the reality is that Scotland’s sentencing system is deliberately dishonest. Offenders can be released after serving only 50, 40 or 30 per cent of the sentence imposed. Put simply, sentencing often does not mean what it says, and the public get that. Does the cabinet secretary agree that prisoners should, by default, serve the full sentence handed down by the court?
I am sure that Mr Kerr will know and understand that the custodial sentence imposed by the court is generally not the same as the length of time that a person will spend in custody. That does not mean that the sentence has changed. Rather, it reflects that a sentence will last for the length of time that a court has imposed but may be subject to enforcement both in custody and in the community. That long-standing part of Scots law has operated under many different Administrations, with a lot of the existing infrastructure originally set up in the mid-1990s by the then United Kingdom Government.
As the efficient and fair function of Scotland’s justice system is a priority for all in this chamber, does the cabinet secretary agree with me on the importance of the Scottish Sentencing Council and the courts working independently to ensure that objective?
That is a fundamental principle of the rule of law within our country. The independence of our criminal courts is a vital feature of how justice is delivered. One way in which an independent sentencing council can assist the operation of the courts is through the production of sentencing guidelines covering particular types of offence, such as rape, or particular categories of offender, to make clear the factors that a sentencing judge is required to consider in determining the appropriate sentence. Those guidelines must be agreed by the High Court before they come into effect and, once they are in effect, the court must have regard to any relevant guidance when sentencing.
High Speed 2 Future Journey Times (Scotland-London)
To ask the Scottish Government what recent assessment it has made of future journey times on cross-border services between Scotland and London once HS2 is operational, including how passenger service and demand will be affected. (S7O-00016)
HS2 is one of the most delayed and over-budget projects ever. Unfortunately, that means that I cannot provide Mr Brown with the journey time forecast that he would like. I can say to him that I hope to return to the chamber on completion of the project, in 2043, to advise him further. [Laughter.]
As the cabinet secretary has said, it will be nearly 20 years before HS2 is operational. Incredibly, however, the project has already placed orders for trains. The problem is that the trains will mean that there are fewer seats on cross-border services and that journeys on the west coast main line section will take longer. People will therefore have to pay more for the privilege of a worse service.
Even worse, if the trains come in before HS2 is live—
Question.
—journey times will be even longer than at present, harming Scotland’s economy. What can be done to ensure that we are not an afterthought?
Unfortunately, I think that Scotland is always an afterthought to Westminster politicians, but I share Mr Brown’s concerns and I will raise them as quickly as I can with the relevant UK Government minister.
Bus Service Reliability (X74 Dumfries-Glasgow)
To ask the Scottish Government what discussions it has had with Stagecoach regarding the reported ongoing punctuality and cancellation issues affecting the X74 service between Dumfries and Glasgow, including what steps are being taken to ensure value for money when services fall below acceptable reliability standards. (S7O-00017)
I advise Laura Moodie that my officials are in regular contact with Stagecoach on a wide range of issues impacting the bus sector, but I must remind the Parliament that punctuality and the reliability of individual services are matters for the operator. The majority of bus services in Scotland operate in a deregulated market and they must be registered with the traffic commissioner for Scotland. The commissioner can determine whether an operator is failing to run services in line with their registration and has the power to take action against them.
The passengers who were left stranded in the middle of the night by Stagecoach during a recent incident included vulnerable young people, and they were given no information or support by the operator. Given the significant public subsidy that Stagecoach receives, will the Scottish Government accelerate its work to support greater public control of bus services, including franchising, so that reliability and passenger safety come before private profit?
I am very disappointed to hear about the experience of those young people. If Ms Moodie would like to speak to me further in relation to that, I would be more than happy for her to do so.
On franchising, the Government has sought to empower local authorities through the Transport (Scotland) Act 2019, and we will invest £4 million in 2026-27 to support local authorities to build business cases in that regard.
The transport secretary will be aware that people in Moffat and Dumfries are very concerned about the parlous state of bus services, particularly the X74. Last summer, the entire bus network across Dumfriesshire nearly fell apart when Stagecoach headed for the exit. That is a legacy problem. Will the minister agree to meet me to discuss my constituents’ real concerns about how we can get fair funding for rural bus services?
I am, of course, happy to meet the member, and I certainly sympathise with regard to the impact on his constituents. I hope that, at the meeting that we have, he will outline whether or not he supports franchising.
Access to Justice (Patients of Sam Eljamel)
To ask the Scottish Government what its position is on whether there should be parity of access to justice for all former patients affected by the actions of Sam Eljamel, regardless of whether treatment was received through NHS Tayside or privately. (S7O-00018)
The Scottish Government expects any legal cases raised by former patients of Eljamel to be considered fairly and on a case-by-case basis. All claims brought by former patients will ultimately be determined by the courts. The judicial process in Scotland is independent and ministers do not have the power to instruct private companies or entities in relation to their approach to litigation. However, Scottish courts have discretion to disapply the time bar when it is equitable to do so.
I thank the cabinet secretary for her understanding of the issue. The time bar was set aside by NHS Tayside, which is allowing victims to have the chance of justice. Will the cabinet secretary meet me, victims and Willie Rennie MSP to discuss how we can get to the bottom of the legal culpability relating to the private patients and to ensure that we can make the case that the same should be done, with the time bar being set aside, to allow those patients who have suffered over a period of decades to access justice?
I appreciate the member’s advocacy for the former patients of Sam Eljamel. He raised a point of principle that I am sure the chamber will understand.
The Scottish Government was very encouraged by NHS Tayside’s decision in February this year to reset the time bar for former patients. It is for independent care providers to determine whether to plead the time bar, but it is important that Mr Marra has had the opportunity to put his concerns and his appeal on behalf of his constituents on the parliamentary record. The courts retain discretion to set aside time limits when it is equitable to do so, which ensures that cases can be considered fairly on their individual merits.
Although my powers are limited in that regard, I do not think that it will cause any harm to have a discussion with Michael Marra and Willie Rennie, as long as we are clear about the ministerial boundaries to which I must adhere.
Bathing Water Quality Legislation
To ask the Scottish Government, in light of the growing number of people swimming in Scotland’s waters and the United Kingdom Government bringing forward a Clean Water Bill, what consideration is being given to introducing equivalent legislation in Scotland. (S7O-00019)
Scotland’s legislative framework already supports improvements in the water environment.
Ninety sites are designated as bathing waters. Last year, 97 per cent of those sites achieved the required bathing water standards.
The Scottish Government is considering our water-related policies to ensure that they continue to meet the public’s expectations and deliver adaptation to the growing impacts of drought and flooding that are arising from climate change. Our publicly owned water and wastewater services are funded by customers, with all profits going back into improvements in infrastructure.
My constituents in Tighnabruaich want to swim in and restore the sea on their doorstep, but a broken sewage system is making the water too toxic to enter. Will the minister agree to visit Tighnabruaich with me to see the situation for herself and to commit to closing Scotland’s sewage monitoring gap as a first step towards clean water legislation?
I thank Ariane Burgess for that invitation. Like me, she probably takes to the open water. Before we go into the water, we must ensure that we check all the conditions using the Scottish Environment Protection Agency’s website, because the water can become unsafe in lots of ways that are not related to anything to do with the wastewater system.
When sites are designated as bathing waters, where a large number of people are expected to bathe, regard is given to past trends and the infrastructure facilities that are provided. There is no statutory process for the designation of new bathing waters, and proposals are often made by local authorities.
On her invitation to come to Tighnabruaich, I will consult my private office to see whether we can fit that in over the summer. It would be my pleasure to do so.
The 2026 bathing season is, indeed, upon us.
The cabinet secretary will be aware of SEPA’s proposals to close its network of live electronic signage, and instead of posting daily water quality predictions or pollution event warnings directly at beaches, it will rely on the use of a QR code and posters linking to the SEPA website. Does the cabinet secretary share my concerns that that might compromise accessible and clearly visible live public information at beach locations, which is a key statutory duty under the Bathing Waters (Scotland) Regulations 2008?
Patricia Gibson and I talked about that informally and, as a result, I reached out to SEPA about its plans for the signage. Throughout the bathing water season, SEPA provides information on bathing water quality, short-term pollution incidents and dedicated bathing water quality on its website. In addition, it has installed and maintains electronic signs at 30 out of Scotland’s 90 bathing waters, as Patricia Gibson has mentioned, and those signs display information in real time on water quality. SEPA told me that one of the signs, at Saltcoats, was removed due to concerns about proximity to a cycle path.
I would be willing to meet Patricia Gibson to give her more detail on that particular incident, as I know that it affects her constituents.
That concludes general questions. Apologies to those members I was unable to call.
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