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Chamber and committees

Plenary, 04 Nov 2004

Meeting date: Thursday, November 4, 2004


Contents


Question Time


SCOTTISH EXECUTIVE


Enterprise, Lifelong Learning and Transport


Domestic Wind Turbines

To ask the Scottish Executive what action it is taking to achieve a significant increase in the number of domestic wind turbines in domestic and industrial premises. (S2O-3817)

Small-scale wind turbines for domestic and business premises are promoted through our community and householders renewables initiative and by the Energy Saving Trust.

Robert Brown:

It is fair to say that electricity should be generated where it is most used to ensure that we take full advantage of such opportunities in urban areas. What action has been taken to encourage local authorities, businesses and householders to make much more use of such technology, in whose use, despite the Executive's efforts, we still lag quite far behind some European countries?

Mr Wallace:

Robert Brown is correct to point out that these technologies can be used not only to build traditional wind farms in rural areas, but to promote renewable energy in cities. A new generation of smaller domestic-scale turbines that are intended to contribute to base-load power in grid-connected houses is still at an experimental stage, but is certainly being developed.

I have already indicated that the community and householders renewables initiative helps to promote the matter that Robert Brown has raised. In that regard, I should perhaps mention one example with a local authority dimension. Funding has been provided for the installation of such turbines in a number of primary schools in Fife. I should also point out that, as the turbines have been designed and produced in Scotland, employment opportunities have also been created.

Dr Sylvia Jackson (Stirling) (Lab):

Following on from that point, I wonder whether the minister will consider providing specific guidance on the matter to public agencies involved in the procurement of new buildings. For example, Stirling Council has prepared a design brief for sustainable office development and residential dwellings and it is clear that specific guidance from the minister would encourage a more comprehensive approach to sustainable design, construction and operation, whatever a building's function.

Mr Wallace:

I certainly commend Stirling Council for its work. Indeed, another good example of that approach is the rebuilding and refurbishment of Morgan Academy in Dundee. When I visited the school, I saw how a number of innovative renewable energy and energy efficiency measures had been incorporated into that work.

I take this opportunity to remind the chamber that, in March, we launched a £20 million fund to encourage local authorities, health boards and Scottish Water to introduce self-sustaining energy efficiency measures that would allow them to invest some of the savings that they make in further measures and to free up money for front-line services.

Rob Gibson (Highlands and Islands) (SNP):

How has the minister attempted to dispel the indiscriminate criticisms by those who oppose wind farms, which are obscuring the potential for introducing small local wind power schemes for groups of rural and urban homes? After all, recent debates in the chamber have shown that there is a strong consensus on the matter.

Mr Wallace:

I am delighted to take this opportunity to promote the idea that wind energy is very clean. It is important that we take every opportunity—as we all do in our respective ways—to link debates on renewable energy with debates on climate change. After all, using such energy reduces carbon emissions. That connection is not always made and I welcome the opportunity to make it today.

Murdo Fraser (Mid Scotland and Fife) (Con):

The minister will be aware of widespread concerns in Perthshire about the proliferation of large-scale wind farm developments. Does he agree that more should be done to encourage the kind of small-scale developments that Robert Brown referred to in preference to the large-scale wind farms that are being built in rural Scotland with all the attendant impacts on the environment and landscape?

Mr Wallace:

I am certainly aware of the controversies in Perthshire and other places. Perhaps we have seen the construction of so many onshore wind farms because that technology is more proven than many other renewable energy technologies. However, we should not put all our eggs in the onshore wind farm basket. Our approach to the development of renewable energy must cover a range of measures, including the small-scale domestic use of wind turbines and the important and exciting developments in marine energy, not least the opening of the European Marine Energy Centre in Orkney. The forum for renewable energy development in Scotland is about to receive a report on biomass. It is important that we consider a wide and diverse range of measures to promote renewable energy.

Sarah Boyack (Edinburgh Central) (Lab):

I welcome the minister's positive answers to these questions. In the initial question, Robert Brown asked about the promotion of domestic urban wind turbines. Does the minister acknowledge that we are in a win-win situation, because renewable energy brings climate change benefits and manufacturing and construction jobs? His department will have a role in promoting mini wind vanes in urban areas through the green jobs strategy.

Mr Wallace:

I endorse what Sarah Boyack has said. A number of companies in Scotland now make small wind turbines for use in domestic and business premises and we would want to encourage those companies. Next Friday, the Minister for Environment and Rural Development and I will address a conference in Glasgow, which is the final part of our consultation on the green jobs strategy. Sarah Boyack is right to remind us that this is indeed a win-win situation. We can do positive things for our environment and create jobs at the same time.


Further and Higher Education<br />(Foreign Students)

To ask the Scottish Executive what information it has on any difficulties faced by foreign students seeking to study at colleges in Scotland. (S2O-3812)

The Deputy Minister for Enterprise and Lifelong Learning (Allan Wilson):

The Executive has regular dialogue directly with the sector and with the international officers group run by the Association of Scottish Colleges, as well as with Education UK Scotland, where issues concerning international student recruitment are raised and addressed. We are, for example, aware of concerns about the number of visa entry requests being refused and we have taken action to investigate that.

Mr MacAskill:

I am glad that action is being taken, because I want to raise with the minister a point that has been raised with me by Stevenson College Edinburgh, where 18 per cent of international students recruited for this academic year have cancelled their study place. Of those students, 31 per cent cancelled because of visa refusal. We warmly welcome the Executive's initiative for fresh talent and recruiting students from abroad. However, if success on one hand is being negated by the actions of Her Majesty's Government on the other, is it not time that, as well as deciding on the criteria for entry to the college, we should be able to decide on the criteria for entry to the country?

Allan Wilson:

No. I think that that would be a recipe for disaster in terms of immigration to this country. I take Mr MacAskill's general point in respect of student visas. We have written to further education colleges and higher education institutions on the matter. We made it clear that we would take up any issues of visa refusal with the Home Office, which is happy to work with us in that regard. So far, however, no college or university has replied to us to say that it has had the problem that Mr MacAskill raises.


Higher Education (Pay Modernisation)

3. Mike Watson (Glasgow Cathcart) (Lab):

To ask the Scottish Executive what action it will take to ensure that the recent funding settlement secures pay modernisation in higher education in accordance with the framework agreement between employers and trade unions and what timescale for completion of this process is now envisaged. (S2O-3790)

The Deputy First Minister and Minister for Enterprise and Lifelong Learning (Mr Jim Wallace):

We have a good track record of investment in higher education—a record carried forward under the recent spending review 2004 announcement, which takes higher education funding to more than £1 billion per annum by 2007-08. That level of investment will give the sector the security to address pay modernisation. The detailed implementation of the pay framework agreement is, however, a matter for higher education institutions, as they are autonomous bodies. As part of the pay agreement reached between the Universities and Colleges Employers Association and higher education trade unions, institutions are expected to complete implementation of the pay settlement by August 2006.

Mike Watson:

Is the minister aware that implementation was initially intended to begin from August 2004 but that no university has yet implemented pay modernisation? The issue clearly involves the recruitment and retention of academic and research staff in our universities. When the minister comes to write his letter of guidance to the funding councils following the spending review, will he make a point of specifying that he expects the speedy implementation of pay modernisation?

Mr Wallace:

I am sure that Mr Watson and the chamber will recognise that, although we are not immediately engaged in the pay settlements because the universities are autonomous bodies, the appropriate means of dealing with the issue is through the letters of guidance. We work through the funding councils, which, in turn, allocate resources to the universities. We will certainly indicate that we expect the staff in our universities to be properly remunerated. That will be made clear in the guidance letters.


Quality Bus Contracts

To ask the Scottish Executive what steps are being taken to adopt quality bus contracts across Scotland. (S2O-3844)

The Executive has issued guidance that provides help for local transport authorities in developing quality bus contracts and makes it clear that appropriate proposals will be approved.

Mrs Mulligan:

The experience of my constituents in villages such as Philpstoun and Blackridge in West Lothian, which I am sure is similar to the experience of many other people, is that buses are running at times that do not suit people—for example, they do not run at weekends or in the evening—and are running to places to which they do not expect them to run. [Laughter.] Members would not believe what is going on.

When the local authority tries to address the situation by establishing a quality bus contract, the bus companies are, at best, reluctant. Would the minister be interested in supporting a pilot scheme in an area such as West Lothian, where the council is trying to be proactive on quality bus contracts? By working with the council and a local bus company, the Executive could establish a contract that would benefit my constituents and which could be used as an example of good practice.

Nicol Stephen:

The short answer is yes. We have had discussions with West Lothian Council and we know that it is considering the quality bus contract option. The advice that officials gave to West Lothian Council was that it should start to make its case by gathering the information that would be necessary to outline a proposal for a quality bus contract or—as I understand that the council has some quite ambitious proposals to cover the whole of the bus network in its area—for a series of quality bus contracts. In the meantime, the council is considering a statutory quality bus partnership. We have yet to hear back from the council, but we are willing to provide support, where that would be appropriate. In the partnership agreement, we made clear our endorsement of quality bus contracts and quality bus partnerships.


Concessionary Travel Scheme

To ask the Scottish Executive whether the new national concessionary travel scheme for elderly and disabled people will use smart cards. (S2O-3859)

Details of the new national concessionary travel schemes have yet to be announced, but that proposal is being given serious consideration.

Will the minister consider a roll-out of smart cards for other forms of transport? Can he give me a timescale for the implementation of the new concessionary travel scheme?

Nicol Stephen:

The partnership agreement commits us to introducing two new concessionary travel schemes: a national free bus scheme for elderly and disabled people and a concessionary fares scheme for younger people, which, initially, will cover young people who are at school or in full-time education or training. The latter scheme will provide discounted rather than free travel, but it will include other modes of public transport as well as buses.

That will mean that we will bring into national concessionary travel schemes millions of Scots—more than a million elderly and disabled people and a significant number of young people. In my view, that gives us a unique opportunity to progress the introduction of smart card technology on public transport—especially on our buses—throughout Scotland. That is why I am determined to examine carefully Cathy Peattie's proposals. If we can introduce a smart card for the elderly and the disabled in the first instance, that will offer all sorts of new and exciting possibilities for more integrated and easier ticketing for all users of public transport in Scotland.


A80 Upgrade

6. Donald Gorrie (Central Scotland) (LD):

To ask the Scottish Executive what representations it has received from road transport organisations following the conference organised by Cumbernauld community council's joint action group on the proposals for the upgrade of the A80. (S2O-3801)

When I checked this morning, no representations had been received.

Donald Gorrie:

It is perhaps a bit early for them to have come in. Will the minister ensure that any inquiry that he sets up into the matter will address the two main points that were made at the conference? The first was that the arguments and facts for and against the two alternative routes should be examined thoroughly and fairly. The second was that, whatever solution the minister finally endorses, it should provide enough space for the projected traffic that is supposed to go along the A80, or M80.

Nicol Stephen:

It was always almost certain that there would need to be a public local inquiry into the proposals for the A80. I can update Parliament with the news that the draft orders for phase 1—the Mollinsburn to Auchenkilns section—which were published at the end of 2003, have attracted statutory objections from those with a direct land interest. As a result, it will be necessary to hold a public local inquiry. Given those circumstances, I want to publish the detailed proposals for the second and third phases and then have a public local inquiry to consider the full scheme, rather than have different inquiries for the separate phases. I assure members that, in doing so, we will consider thoroughly and fairly the alternative options, including the offline Kelvin valley proposal.

I want to ensure that the final configuration significantly improves the road in that area so that it copes better with the current levels of congestion and demand. I do not want to create a new road that encourages greater congestion and road usage and an expansion of private motor car and lorry use. I want a fair and balanced approach to traffic problems throughout Scotland, including that of access to the centre of Glasgow. I want significant investment in public transport as well as in roads.

Cathie Craigie (Cumbernauld and Kilsyth) (Lab):

I thank the minister for the responses that he has given in the many exchanges of correspondence that we have had on the matter. When will the orders for phases 2 and 3 of the scheme be published? Will he confirm that the scheme will be considered as a whole at the public local inquiry? Will he ensure that the remit of the inquiry is wide enough to allow objectors to put their case against the Scottish Executive's proposals? Will he update the Parliament on the Scottish Executive's public transport proposals, which were a big part of the A80 corridor study?

Nicol Stephen:

We are determined to make progress on the public transport proposals, in parallel with work on the road schemes. As I said, I attach high importance to the public transport measures, which are a vital part of addressing the congestion and environmental problems in the Cumbernauld area.

We will ensure that objectors can put their case for an alternative route, after which the reporter will make his or her recommendations to the Scottish ministers, based on the evidence that is led at the public local inquiry. We anticipate that the orders for the second and third phases will be published soon—before the end of the year—and that a public consultation will be held. We expect the public local inquiry to take place during 2005. Obviously, a period is required for the public to be consulted and objections to be lodged on phases 2 and 3 of the scheme, after which we will proceed to a public local inquiry.


Bus and Rail Services (Competition)

To ask the Scottish Executive what steps it is taking to ensure proper competition and satisfactory standards in areas where both bus and rail services are provided by FirstGroup plc. (S2O-3787)

The Minister for Transport (Nicol Stephen):

The regulation of competition is a matter for the competition authorities. In addition to satisfactory standards, the new ScotRail franchise contains a range of performance and quality standards that the operator, First ScotRail Ltd, is required to meet. Bus services are subject to separate regulation.

Mr Home Robertson:

Will the minister take it from me that there are a lot of seriously dissatisfied passengers who have to make do with FirstBus services in parts of my constituency where there is, at present, no competition? I get far too many complaints about clapped-out buses and unreliable services. Will he also take it from me that there is understandable anxiety that the quality of services on local trains could deteriorate when FirstGroup gains a monopoly on public transport in most of East Lothian? What can the Executive do to ensure that FirstGroup delivers satisfactory standards on its buses and on ScotRail trains?

Nicol Stephen:

The Competition Commission agreed undertakings with FirstGroup on 15 October. Those undertakings relate to the situation that John Home Robertson describes, where there is a direct overlap of FirstGroup rail services and FirstBus services, and will ensure that the routes, the frequency of services, the capacity put on the routes and the fares that apply to them are safeguarded so as to prevent competition issues from arising.

We are determined not simply to maintain the current level of provision from ScotRail, but to improve the service in terms of quality and standards. That is why we are investing in new trains and why we are ensuring that new standards for cleanliness and for the availability of working toilets and restaurant and coffee facilities are set out in the contract. If there is a failure, the contractor, First ScotRail, will be penalised. Moreover, the regime will tighten over the course of the contract, so quality standards must be improved during the franchise—the penalties and the triggers for penalties will tighten as the contract progresses.


Justice and Law Officers


Community-based Alternatives to Prison

To ask the Scottish Executive whether it will further develop community-based alternatives to imprisonment. (S2O-3874)

Community sentences need to be both credible and robust. That is why we have extended the range to include new penalties such as drug treatment and testing orders. Those are not, of course, soft options, but smart ones.

Marilyn Livingstone:

I thank the minister for her answer and I agree with her. Does she accept that there are still too many women in prison for whom non-custodial measures would be more appropriate? Will she outline what steps are being taken to deal with that situation?

Cathy Jamieson:

I have talked on a number of occasions about the difficulties relating to the fact that too many women are being sent into custody. Many of those women have chaotic lifestyles, perhaps linked to drugs misuse, and many have a whole range of other problems. We should, and indeed must, continue to work to ensure that women who commit minor offences and who pose little risk to their local communities are dealt with in the community. We want the number of women being imprisoned to reduce—that remains one of our aims. I refer members to the work that is currently being undertaken, notably that at the 218 time-out centre in Glasgow, which opened in December 2003.


Fishing Industry (Prosecutions)

To ask the Scottish Executive how it will deal with prosecutions relating to the fishing industry. (S2O-3902)

The Solicitor General for Scotland (Mrs Elish Angiolini):

The Crown Office and Procurator Fiscal Service has recently established a network of five existing prosecutors to develop a greater specialism in fisheries-related offences. The network will receive and prosecute cases reported to it by the Scottish Fisheries Protection Agency. That will ensure that we are capable of robust enforcement of fisheries protection legislation.

Maureen Macmillan:

I thank the Solicitor General for those words and I am glad to see her sitting next to the minister responsible for fisheries. Does she agree that we must send a strong signal to those fishermen who are breaking regulations—by, for example, landing black fish—that they are damaging their own industry and that they could jeopardise the negotiations on fishing quotas later this year? Will she join me in hoping that the convening of the North sea regional advisory council in Edinburgh today will mark a major step forward in the future management of the North sea, with which all sectors of the fishing industry should engage?

The Solicitor General for Scotland:

I agree with the sentiments expressed by Maureen Macmillan. Non-compliance is clearly a threat to the viability of the fishing industry. A recent case involving a United Kingdom-registered but Spanish-owned vessel resulted in a £47,000 under-recording of monkfish—that is a substantial amount. The injury that such cases can create to the industry in general and to our credibility in developing an agenda on fisheries policy is clearly a serious concern to the community.


Access to Justice (Adults with Incapacity)

To ask the Scottish Executive what action it will take to improve access to justice for adults with incapacity. (S2O-3878)

The Deputy Minister for Justice (Hugh Henry):

We have announced our intention to make free legal aid available for welfare applications under the Adults with Incapacity (Scotland) Act 2000. We have also arranged for the secondment to the Executive of a senior and experienced person from the voluntary sector to take forward further work in implementing the act over the next two years.

Jackie Baillie:

I welcome the minister's commitments in relation to the Adults with Incapacity (Scotland) Act 2000, particularly on free legal aid being made available for welfare guardianship proceedings under the act. He will be aware that organisations such as Enable welcome that change and are eager to see it implemented. Will he give a likely timescale for implementation? Will he continue to work with all stakeholders, including Enable, in developing the detail further?

Hugh Henry:

Jackie Baillie is right to point to the benefits that have been identified from the change. I know not only from the voluntary organisations but from a number of individuals how pleased many people are about what is happening. We hope to be able to bring in changes soon—I hope that they will be brought in over the next couple of months—in relation to advice and assistance. The changes to legal aid for welfare guardianship proceedings will be in place as soon as the details have been worked out. I have asked officials in the Executive and the Scottish Legal Aid Board to deal with the issue as a matter of urgency. I have also asked officials to discuss the proposed changes with the relevant stakeholders, to enable them to make any comments that are required.

What options are available to victims in cases in which no proceedings are taken against an alleged assailant because of their incapacity and/or inability to understand proceedings, which is deemed to make such proceedings inappropriate?

Hugh Henry:

Alasdair Morgan has the better of me on that matter. In respect of the specific issues relating to dealing with adults with incapacity, the changes are being warmly welcomed. However, if he or others have identified an anomaly, I will have it investigated and will report back to him as soon as I can.


Drug Treatment and Rehabilitation

To ask the Scottish Executive what progress has been made on the review of drug treatment and rehabilitation. (S2O-3901)

The Minister for Justice (Cathy Jamieson):

As I announced in Parliament last week, we have made available additional funding for treatment and rehabilitation services. I also made it clear that I expect to see improvements in the quality and consistency of services across Scotland and a reduction in waiting times to access those services. A summary of the recommendations from the review and an action plan were published on 27 October. The full report will be published in conjunction with the criminal justice plan before the end of the year.

Helen Eadie:

I know that everyone in the chamber will praise the work of the dedicated professionals throughout Scotland who are tackling those issues. However, how can we communicate with the families who live in the most disadvantaged communities in Scotland that more than 50 service initiatives have been put in place? How can family members access information on the progress that has been made and on what is being achieved as a consequence of the commitments that the Scottish Executive has given in recent years?

Cathy Jamieson:

I am well aware of tragedies in some families through young people and not-so-young people becoming involved in drug addiction and misuse. It is important that the services that we provide recognise that many of those families are involved in a caring role and that they require support. Of course, our action plan will take account of that.

Helen Eadie makes vital points, in relation not only to telling people about the success stories, but to communicating with them about the work that is out there, how they can access information and how they can get advice. Of course, we will want to do everything that we can, which is why the information that is available on the know the score website, for example—which some members wrongly criticised in the chamber only last week—and the work that is going on in our schools to ensure that young people have access to correct information that will prevent them from getting involved in drug abuse in the first place are important. When, sadly, young people get involved in drug abuse, it is important to ensure that we help them to stop as quickly as possible.


Rape and Sexual Offences Law

To ask the Scottish Executive when the Scottish Law Commission review of rape and sexual offences law will be completed. (S2O-3836)

The Minister for Justice (Cathy Jamieson):

It is vital that the powers are available to the police and the courts to treat those despicable crimes appropriately. I have therefore asked the Scottish Law Commission to undertake a root-and-branch review of existing sexual offences law. The commission intends to complete the review in 2007.

Nora Radcliffe:

I know that the minister is acutely aware of the deficiencies in Scots law on sexual offences. I accept that the review must be comprehensive, but 2007 is a long way away. Will the minister do whatever she can to have the review completed with the greatest expedition?

Cathy Jamieson:

I appreciate the member's concern, which I raised when I asked the Scottish Law Commission to undertake that work. The law is complex and we must get it right. I considered several other options for reviewing the legislation, but concluded that the correct way to proceed was to involve the commission. I will of course keep in touch with the commission while progress is being made. I hope that part of the commission's work will be assisting us in producing a bill that will allow us to proceed speedily to legislation when appropriate.

Helen Eadie (Dunfermline East) (Lab):

In conjunction with Elish Angiolini, will the minister take a particular interest in the situation of my constituent who was featured in a two-page spread in yesterday's Daily Express? The travesty and tragedy in her case was that the police surgeons concerned threw away blood and urine samples. That has devastated my constituent and was the most awful thing that could have happened to an individual against whom the crimes of rape and assault had been committed.

As Elish Angiolini said in her full letter, for which I thank her, we all understand that it is one thing to have an injustice and another to prove an injustice. I urge the minister to ensure compliance with the assurance that Elish Angiolini gave me that guidance will go out timeously to the police.

Cathy Jamieson:

I give the assurance that the Solicitor General has taken a close interest in the matter. She has given Helen Eadie a full answer and I hope that if Helen Eadie has further questions, she feels able to address them to the Solicitor General.

One reason why I want the root-and-branch review of the legislation is that difficulties occur at times with the prosecution of rape, which can be challenging. The nature of the crime means that it is sometimes difficult to obtain corroborated evidence to convince a jury of the accused's guilt beyond reasonable doubt. The law officers have examined how procedures and practices can be improved in the meantime. That work will continue while we await the outcome of the Law Commission's review.


Challenges to Court Rulings

To ask the Scottish Executive what criteria it uses when deciding whether to pursue legal challenges to court rulings. (S2O-3809)

The Lord Advocate (Colin Boyd):

Decisions on whether to challenge court rulings depend on the nature of the court or tribunal in question. A relevant factor is whether an appeal is available on both fact and law, or on points of law only.

In considering whether an appeal should be lodged in a case, ministers act on legal advice about the prospects of success. They also take into account the cost of pursuing the appeal as against the cost of accepting the judgment at first instance, and the need to obtain an authoritative ruling from a higher court or tribunal on a question of public interest or importance.

Alex Neil:

Will the Lord Advocate review how his department has handled the Shirley McKie case, in which a legal challenge was mounted to a court ruling, despite promises that the then Minister for Justice made in the Parliament to Shirley McKie? Will the Lord Advocate pursue a settlement with her with all due speed, as the Executive promised?

The Lord Advocate:

That matter is sub judice, as Mr Neil will appreciate, and I cannot comment on the specific circumstances. However, I am happy that my department has handled the case properly and that the minister is acting under legal advice.

Phil Gallie (South of Scotland) (Con):

I was the originator of the clause in the Criminal Procedure (Scotland) Act 1995 that gave the prosecution the right to appeal against sentences that are perceived to be lenient. Will the Lord Advocate advise what success has come from that? Does he feel that there is room for extension of that ruling?

The Lord Advocate:

The precise figures for the use of that clause in the 1995 act were given in the 2003-04 review that was published two weeks ago. I cannot remember the precise figures, but it is fair to say that, in nine or so of the 15 or so cases that were dealt with in that year, the result was that higher sentences were imposed. There were a number of cases outstanding.

The Executive has no plans to review the operation of the provision.

Des McNulty (Clydebank and Milngavie) (Lab):

In relation to the Shirley McKie case, I ask the Lord Advocate to do what he can to ensure that the case is heard soon, as the matter needs to be resolved as a matter of urgency. That is important not only to Shirley McKie but to the four members of the Scottish Criminal Record Office staff, whose employment is not being dealt with in the right way at the present time.

The Lord Advocate:

I understand the points that the member makes in relation to hearing the case speedily. That matter, however, is for the court offices. I know that a date has been set and that it is now in the court programme. I hope that the situation will move on.


Disclosure of Previous Convictions

To ask the Scottish Executive what plans it has to amend the law to allow for the disclosure during a trial of the previous convictions of defendants. (S2O-3808)

The Minister for Justice (Cathy Jamieson):

There are a number of exceptions to the general rule regarding disclosure of previous convictions during a trial. Changes are being made by the Home Office and we will study their effect and consider carefully whether any lessons can be learned.

Colin Fox:

No one wants the guilty to walk free and escape justice, but does the minister agree that disclosure of the defendant's previous convictions runs the risk of severely prejudicing their right to a fair trial? Does she agree that safe convictions are based on evidence that is led in a particular case, not on evidence that has been led in past cases? Does she agree with the critics who believe that someone's previous convictions should remain part of the sentencing process and not become part of the prosecution?

Cathy Jamieson:

I am glad to hear Colin Fox give the chamber a commitment that he wants guilty people to be dealt with suitably by the courts. I look forward to his support for the measures that we will introduce to improve the court system and manage sentenced offenders more effectively so that they are less likely to be involved in reoffending.

Of course, as I said, the general rule in Scotland is that previous convictions should not be made known to the court until conviction is recorded or the prosecutor moves for sentence. Some exceptions to that general rule are necessary, however. In some situations—for example in a case concerning driving while disqualified—proof of a previous conviction would be essential to proof of the charge. There are also situations in which the accused has given evidence as to his good character or has asked questions of prosecution witnesses to establish his good character.

Of course, it is absolutely right and proper that we uphold the principles of justice but, in doing so, we must recognise that victims and witnesses have rights and that the general public have a right to be protected.

Pauline McNeill (Glasgow Kelvin) (Lab):

As the minister said, there are many circumstances in which previous convictions can be disclosed. She will be aware that our courts take great care in determining which issues should come before a jury because it would be prejudicial and that this Parliament passed a change in the law to allow judges to decide whether the sexual history of a rape victim is relevant for a jury to know about.

Does the minister agree that it is important to regularly review the finite balance that we have in our system between the accused and the victim, which avoids the issue of prejudice? While I accept that we can learn from the practices of England and Wales, I hope that the disclosure of an accused's previous convictions in the way that is proposed in England and Wales is something that we will continue to reject.

Cathy Jamieson:

Pauline McNeill is correct to talk about that balance and we are trying to ensure that we balance upholding the accused's right to a fair trial with ensuring that victims, witnesses and the general public do not suffer. Pauline McNeill is also correct to say that there are times when, despite our right and just pride in Scots law being different, we should not be afraid to consider what happens elsewhere. I am talking about not just England and Wales, but Europe and the wider world. We will consider that and I reassure members that there are no current plans to change the position in Scotland, but it would be wrong to rule out the possibility of learning lessons that we can learn.

Obviously, the measures that are being considered by the Home Office would be prejudicial to a fair trial. Is it not disingenuous not to accept that? That is why Scots law rules out such measures.

Cathy Jamieson:

That is clearly Mike Rumbles's view, but if he had listened carefully to what I said, he would know that I indicated that it is very important that we uphold a balance and that we do not do anything that would be prejudicial to the right to a fair trial. At the same time, we should never rule out the possibility that there might be other ways to maintain that balance and uphold people's rights while making our system more effective.


General Questions


Chlamydia

To ask the Scottish Executive what recent action it has taken to reduce the incidence of chlamydia and other sexually transmitted infections. (S2O-3820)

The Minister for Health and Community Care (Mr Andy Kerr):

The Executive continues to fund a range of initiatives to tackle chlamydia and other sexually transmitted diseases, including the healthy respect national demonstration project, which has a particular focus on chlamydia. The forthcoming national sexual health strategy will provide a framework for further concerted action.

Susan Deacon:

Yesterday the cross-party group on sexual health heard that the healthy respect project has detected a 10 per cent prevalence rate among young people who were tested for chlamydia through the project's innovative postal testing kit scheme. Recent local and national data on the incidence of HIV and teenage pregnancy, for example, give similar cause for concern. Does the minister agree that sexual health must be treated as a major public health priority? Will he commit to bringing forward the publication of the long-awaited sexual health and relationships strategy to the earliest possible date? Will he assure us that the strategy will be based upon the best available evidence of what works and will be backed by the commitment and investment to make a real difference in this important area?

Mr Kerr:

I agree with much of the sentiment in the member's supplementary question and I recognise the work of the group and Susan Deacon on the issue. It is correct to acknowledge that the work on the postal diagnosis technique has been very successful, and to recognise that we are seeing an increase in detection because our detection methods are getting better, as are the tests that we use for detecting the spread of diseases such as the ones that Susan Deacon mentioned.

Although it is my desire to publish the sexual health and relationships strategy as quickly as possible, there was a sizeable response to the consultation and that requires analysis. The report has taken some time, but we have to make critical decisions and we want to ensure that we get them right. I expect to publish the strategy as soon as possible, which should be before the end of the year.

Patrick Harvie (Glasgow) (Green):

I am sure that the minister will acknowledge that chlamydia and the wider sexual health agenda are only two of many issues that have crossed his desk since he took on the health portfolio. Has it struck the minister that there is not a strong patient lobby group for sexual health matters as there is in many other areas of his portfolio? Given that that is the case, will he take time to meet members of the cross-party group on sexual health, which includes representatives of more than 70 organisations? Their expertise will be of great value to him.

Mr Kerr:

Views have been expressed through the consultation, but I am more than happy to meet the cross-party group to which the member refers. The more information that I have as an individual minister, the more that will help to inform the Executive's decisions. I hope that those decisions—on what, as Susan Deacon said, is a vital public health issue—will be the right ones.

Linda Fabiani (Central Scotland) (SNP):

The minister is right when he says that the sexual health strategy has taken some time. We have been talking about it in the chamber for the past five years, it is more than a year since the expert group published its report, and it is almost nine months since the consultation closed. Will the minister please be definitive about when the results of the consultation will be published and when the strategy will be published and brought before the chamber?

Mr Kerr:

I was definitive. It will be before the end of the year. We want to get the strategy right, and there are a host of different views with regard to those matters. It is important that sexual health remains a key part of our public health strategy. We will seek to ensure that the strategy, when we publish it, will meet the needs of all the people in Scotland in relation to this difficult issue.

That is not to say that the world has stood still since we embarked on our consultation and the work of the expert group. Many projects exist throughout Scotland, such as the healthy respect demonstration project, which Susan Deacon mentioned, and Caledonia Youth. That work is going on, effort is being made and the strategy will come along. We are still acting on this important matter. Actions have been taken and, as we have heard today, have been successful in a number of areas.

Mr David Davidson (North East Scotland) (Con):

Does the minister agree that people's sense of personal responsibility has been weakened by some of the strategies that have been proposed by the Scottish Executive? I am thinking in particular of access to the morning-after pill, which although it is not a form of contraception is now used as such. Will the minister, in the sexual health and relationships strategy, give any credibility and support to groups that promote abstinence among young people as a way of combating sexually transmitted disease?

Mr Kerr:

I dispute the member's view with regard to the use of the morning-after pill. Such matters are placed in the hands of professionals, whom I thought that Mr Davidson sought to represent in other areas—our clinicians and pharmacists within the health service. Those are skilled people who provide high-quality services and make the utmost effort to ensure that, in diagnosis and treatment, they take into consideration the whole life of the individual before them. That applies to the prescription of the morning-after pill as to any other aspect.

Contraception in that form has been around for 20 years. We are getting more sophisticated in its use, but we still say to all our clinicians and pharmacists that the young person who is involved—if it happens to be a young person—should speak to their parents and adults whom they know and take advice from them. That is part of the method that we employ and those are the instructions that are given to everybody within the service. However, if the young person chooses not to do that, decisions have to be made, and I respect our clinicians and pharmacists in making such decisions in difficult circumstances. I do not like the way in which David Davidson, in his comments, brushes aside a very serious matter that is not treated in the way that he suggests.


Fisheries Research

To ask the Scottish Executive what action is being taken to improve fisheries research. (S2O-3852)

The Minister for Environment and Rural Development (Ross Finnie):

Through the partnership agreement, the Executive has stated its commitment to continue to support fisheries research. Action has, therefore, been taken to ensure that Fisheries Research Services has a demanding set of performance targets and is equipped to meet current and future challenges. The 2004 spending review exercise has identified a need for additional investment in the FRS. The agency will, therefore, receive £13 million for capital infrastructure projects and an increase of £2 million in funding towards its annual running costs.

Des McNulty:

Recent research that has been widely reported in the press has highlighted the Houdini haddock that swim through fishing nets and then teach others how to do it. However, some of the claims from Opposition members about fish stocks have no basis in evidence or science. Will ministers ensure that research on the conservation requirements that are needed to protect fish stocks in the North sea will be publicised widely in order to counter misinformation such as we have seen, especially from representatives of the SNP?

Ross Finnie:

I agree with the sentiment of Mr McNulty's comments, although I am not entirely sure that there is a scientific basis for Houdini haddock. It may be that there is scientific evidence to support that, but I am not aware of it.

Des McNulty makes an important point about the dissemination of this important and complex marine biological research. I will take up his challenge to ensure that those who publish and produce the information engage in its wider dissemination, so that a wider section of the public—especially in our fishing communities—can understand better what is contained in that research.

Mr Ted Brocklebank (Mid Scotland and Fife) (Con):

Does the minister agree with the view that was expressed this week by Hamish Morrison, the chief executive of the Scottish Fishermen's Federation, that the latest scientific advice on cod stocks from the International Council for the Exploration of the Sea is "seriously flawed"? Does he accept that, if the European Commission accepts consequential cuts in effort, that could lead to an absurd situation in which Scottish white-fish catchers could spend only five days at sea a month?

Does the minister further accept that the most successful fishery in northern Europe is that of the Faroes, and that, on the advice of the independent marine biologist Jorgen Christensen, the Faroese have steadfastly ignored ICES advice for the past nine years and now have the largest coastal biomass—including cod—of all the leading fishery nations?

Ross Finnie:

The chamber is well aware that Ted Brocklebank is the leading proponent when it comes to ignoring marine biological science. No other member in the chamber dismisses scientific advice with such gay abandon as does Ted Brocklebank. He ought to read Hamish Morrison's letters clearly, because Hamish Morrison asks whether, based on some of the assumptions that have been made by the advisory committee on fisheries management, there is a case for further review and whether there are inconsistencies in that. Hamish Morrison does not, and neither does the Scottish Fishermen's Federation, ignore or completely disregard science in this matter.

Ted Brocklebank must face reality. It is fine for him to get to his feet and make cheap points about fish, fish, fish, fish and fish again and absolutely ignore scientific advice.

What about the Faroes?

Ross Finnie:

The member has just told us that the Faroes ignores scientific advice, so how on earth he can tell us that there is any scientific basis for his claim is beyond me.

Let us get this absolutely clear. The FRS makes an important contribution to ensuring that, in the North sea, we in Scotland have access to the highest-quality scientific advice, and we in the Scottish Executive will act on that high-quality advice.

Mr Alasdair Morrison (Western Isles) (Lab):

The minister will be aware of the new technology that is being used to assess prawn stocks on the west coast of Scotland. Will the data that are being collated be used to revisit the issue of the quota that is available to the responsible, conservation-minded fishermen who I represent?

Ross Finnie:

As the member is aware, we have taken some of those preliminary data from that new source and we have advanced them to both the FRS marine laboratory and the ACFM. We must bear it in mind that, although there is no doubt that all in the scientific community are impressed by the methodology, before we are able to establish conclusions we will have to take that new information and put it into a series so that we can establish what the movement is in those stocks. However, there is no doubt that the whole scientific community is persuaded by the new techniques that are being employed.


Housing (Argyll and Bute)

To ask the Scottish Executive what action it is taking to increase the affordable housing supply in Argyll and Bute. (S2O-3846)

The Minister for Communities (Malcolm Chisholm):

We are investing £9.45 million this year through the Communities Scotland programme to fund the provision of 250 new affordable homes in Argyll and Bute. That investment represents an increase of more than 27 per cent on expenditure in 2003-04 and is the highest level of funding in Argyll and Bute for a decade.

George Lyon:

As the minister will be aware, the Scottish Executive recently announced that it would allow councils to abolish the second-home discount on council tax. At a recent Argyll and Bute Council meeting, the council decided to reduce the discount to 10 per cent, realising an extra £1.4 million to reinvest in the supply of affordable housing in Argyll and Bute. Will the minister tell me exactly how that money will be channelled back into the area and spent in Argyll and Bute? Will he give me an assurance that, on islands such as Islay and Mull, which have a disproportionate number of second homes leading to a substantial shortage of affordable housing on those islands, the money will be prioritised to go into those areas that are suffering from large numbers of second homes in their local communities and villages?

Malcolm Chisholm:

George Lyon draws attention to another important way of boosting spending on affordable housing. That money can certainly stay in Argyll and Bute, although the decision on the precise bits of the region that will receive the money will be a local one. However, the fact that there are second homes there and that the discount has been reduced will benefit Argyll and Bute.

If all councils did what Argyll and Bute has done, there would be £20 million extra a year for affordable housing. That is one of three ways in which Argyll and Bute Council is doing well in affordable housing. I made the general point in my substantive answer about the increased investment in Argyll and Bute. However, £80 million is being spent this year in rural areas across Scotland on new, affordable housing, and that compares favourably with the fact that only £41 million was being spent on that at the start of this Parliament.

The third point, as George Lyon knows, concerns the potential in Argyll and Bute for a community ownership programme. Again, that is a decision that tenants would take. If they decided to go ahead, it would mean £55 million extra investment in social housing. The early action programme figure of £15 million can potentially be spent on new, affordable homes.

Mr Jamie McGrigor (Highlands and Islands) (Con):

In the light of the revelation that Scottish Water is not accepting any new connections in Campbeltown, what is the Executive doing to encourage the Scottish Environment Protection Agency to allow developers to install alternative disposals for sewage, such as septic tanks and reed-bed systems, when no mains drainage is available from Scottish Water? Many housing developments are being held up or abandoned because of refusals by Scottish Water and SEPA.

Malcolm Chisholm:

The issue of water infrastructure came up, I think, at question time two weeks ago and I said that I would discuss the issue with Ross Finnie. Indeed, officials have been doing that for some time and I am also doing that. To be fair to Scottish Water, I am told that £200 million of its planned investment will help to release development constraints. Something is being done, but we know that more must be done. Therefore, further discussions will take place, including discussions on the particular issue that Jamie McGrigor raised.


National Health Service (User Charges)

To ask the Scottish Executive what impact user charges have on the level of access to NHS services by patients. (S2O-3803)

The Minister for Health and Community Care (Mr Andy Kerr):

We do not know how many people decide not to seek or continue treatment because of NHS charges, but we are aware that a number of reports conclude that user charges can affect take-up rates. The Executive is concerned to ensure that no one need be deterred from taking up NHS treatment on financial grounds and in 2003-04 almost 80,000 people received help with health charges under the NHS low-income scheme.

Colin Fox:

The minister wrote to me last week and informed me that more than 27,000 people in Scotland who are on benefits are not entitled to free prescriptions. The minister will be aware of reports from Citizens Advice and the Office of Fair Trading, which conclude that because they could not afford the £6.40 prescription charge, as many as 700,000 people across Britain last year went without medicines that their general practitioners had prescribed for them. Is it not time that we kept our promise to patients and provided a universal health service in which no one went without because they were poor?

In addition, will the minister comment on yesterday's announcement by the Minister of State at the Department of Health that the new drugs contract with pharmaceutical companies will save the NHS £1.8 billion? That offers us a golden opportunity to scrap prescription charges, as the National Assembly for Wales has done.

Mr Kerr:

First, let us welcome the news that the NHS will pay less for pharmaceuticals. The partnership agreement commits us to reviewing prescription charges for those with chronic health conditions and for young people in full-time education or training. However, we must acknowledge that, within the health service, we must make decisions about ability to pay. We certainly try to ensure, through a variety of schemes, that those with low incomes receive support.

Colin Fox and I differ on the issue of the universal provision of free prescriptions. To do what he suggests would cost the NHS budget a sizeable amount of money and would mean, for example, that people such as he and I would pay no prescription charges. I am sure that that would not be the best use of resources. We must ensure that those who are most in need get support and that we target our resources most effectively on them. That is why the Executive is undertaking its review of prescription charges for those with chronic illness and for young people.


General Practice (Rural Areas)

To ask the Scottish Executive whether it is satisfied with the proposed general practice out-of-hours arrangements in rural areas. (S2O-3806)

The Deputy Minister for Health and Community Care (Rhona Brankin):

We are satisfied that NHS boards across Scotland have undertaken a thorough and robust process to develop their new out-of-hours arrangements. All the major stakeholders, including GPs, NHS 24 and the Scottish Ambulance Service, have been closely involved, particularly in rural areas, in developing the new arrangements. Public consultation has played a key role in shaping the plans. All new arrangements must meet mandatory accreditation standards developed by NHS Quality Improvement Scotland to ensure a safe and quality service, whether in a remote and rural setting or a more urban one.

David Mundell:

Does Rhona Brankin accept that there are still genuine concerns in many rural areas, such as Mid and Upper Nithsdale, about how that arrangement will work in practice? What arrangements will she put place constantly to review those arrangements so that they can be adapted and amended as required?

Rhona Brankin:

I am aware that there has been some concern. Dumfries and Galloway NHS Board has worked closely with general practitioners in the area to address the concerns that have been raised. Indeed, the board has adjusted its out-of-hours plans to take some account of those issues.

I would like to mention some of the changes that have been made. A GP rota system will operate from Newton Stewart. An immediate care scheme has also been set up to work alongside the out-of-hours service. Nurse-led minor injury units are being developed at Dumfries and Galloway community hospitals and improved transport arrangements are being put in place for patients who are unable to access their own transport. Andy Kerr and I shall continue to monitor the arrangements that are being put in place by local health boards for out-of-hours services.