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Chamber and committees

Meeting of the Parliament

Meeting date: Wednesday, December 4, 2013


Contents


Portfolio Question Time


Rural Affairs and the Environment

Good afternoon. The first item of business today is portfolio question time. In order to get as many members in as possible, I would be grateful for short and succinct questions and answers to match, please.


Air Pollution



1. To ask the Scottish Government what action it is taking to tackle air pollution in cities. (S4O-02657)

The Minister for Environment and Climate Change (Paul Wheelhouse)

The Scottish Government is working closely in partnership with local authorities, the Scottish Environment Protection Agency and others to improve air quality in our cities. We recently consulted on a review of the local air quality management system, and I plan to announce the next steps shortly. Although I acknowledge that there are still some hotspots of poorer air quality in a number of urban areas, which are of concern, we have, as a society, been able to reduce nitrogen oxides pollution by 65 per cent since 1990 and have reduced particulates by 58 per cent and sulphur dioxide by 79 per cent.

Marco Biagi

Almost a year ago, the Cowgate, the Grassmarket, London Road, Gorgie Road and Inverleith Row, in my constituency, were added to Princes Street, George Street and the Royal Mile as areas that are officially above the safe limits for pollution. What message would the minister give to the City of Edinburgh Council about what it can do, and when can we expect to hear about the next steps to which he alluded in his answer?

Paul Wheelhouse

Marco Biagi is absolutely right. The Government is constantly in contact with local authorities throughout Scotland and we have regular contact with the City of Edinburgh Council on a number of issues, including its five air quality management areas. The council has produced a comprehensive air quality action plan and is working to implement it with support from the Scottish Government and others. Annual progress reports indicate that progress is being made on implementing the plan. Examples include the use of hybrid buses and the redirecting of some routes to reduce air quality pressures. We will keep the member informed of progress on the action plan.


Deer Management



2. To ask the Scottish Government what form the scheduled review of the Wildlife and Natural Environment (Scotland) Act 2011 will take in relation to deer management. (S4O-02658)

The Minister for Environment and Climate Change (Paul Wheelhouse)

There is currently no planned review of the Wildlife and Natural Environment (Scotland) Act 2011 in relation to deer management. However, the wild deer strategy, “Scotland’s Wild Deer: A National Approach”, which was launched in November 2008, is to undergo a five-year review to examine progress and ensure that the strategy remains relevant to the deer sector in Scotland.

Rob Gibson

Given the compelling evidence that has been gathered by the Rural Affairs, Climate Change and Environment Committee on deer management, will the minister review the uneven development of deer management plans, which are often discussed in private, against the undoubted pressure of deer densities that are adversely affecting the range of native woodlands and other biodiversity markers in an already fragile habitat?

Paul Wheelhouse

This is an important issue, and we will be interested to hear the outcome of the Rural Affairs, Climate Change and Environment Committee’s deliberations on deer management following its recent evidence sessions. The revised legislation and the Scottish Natural Heritage code of practice on deer management have not been in place for very long. It is important that SNH continues to promote good practice in deer management, to promote the deer code and to develop related best-practice guidance to support deer management groups. When the deer code is reviewed, there will be an opportunity to consider standards in deer management and whether the current arrangements are delivering sustainable deer management. SNH has a duty to monitor compliance with the deer code, and if it feels that the current deer code is ineffective, it may submit a revised or replacement code to the Scottish ministers for approval by the Scottish Parliament.


Flood Prevention (Hamilton and Surrounding Areas)



3. To ask the Scottish Government what recent discussions it has had with Scottish Water on its flood prevention plan for Hamilton and surrounding areas. (S4O-02659)

The Minister for Environment and Climate Change (Paul Wheelhouse)

The Scottish Government has regular discussions with Scottish Water and its regulators about improvements to drainage infrastructure in the delivery of both the current investment programme for 2010 to 2015 and the one that is planned for 2015 to 2021.

Scottish Water is a member of the Clyde and Loch Lomond local plan district partnership, which covers the Hamilton area. The partnership is actively working on the development of a local flood risk management plan, which includes identifying the most appropriate actions to manage flooding in the area no matter what the source. That partnership approach to managing flood risk will enable all the partners to invest and take action where the greatest risks and benefits have been identified.

Christina McKelvie

I would like to make the minister aware of an on-going issue with flooding in the Chatelherault and Waterside Gardens area of Hamilton in my constituency. It is a long-term issue that I have pursued the council, Scottish Water and the feuars association to resolve. What action can the minister take to resolve the issue to the satisfaction of my constituents? What is his opinion on meetings that are being held between the council and Scottish Water, from which I have been deliberately excluded?

Paul Wheelhouse

I thank Christina McKelvie for raising the issue. There has been an initial technical meeting, which Christina McKelvie was unable to attend, but there will be a public meeting to discuss the outcome of the studies, which will be arranged shortly, to which members of the public and elected representatives such as Christina McKelvie will be invited.

I recognise the important role that a constituency member can have in a situation such as this, to help inform her constituents of the plan and to relay feedback on it to Scottish Water and the local authority. I understand that Scottish Water and the council have been working together to understand the sources of the flooding problem in Hamilton, which is what led to the meeting in question. Officials are due to meet on 11 December to discuss the technical details arising from the on-going studies. I undertake to ensure that Christina McKelvie is informed of the public meeting so that she has the opportunity to attend.

Drew Smith

Last month, it was reported in the press that the Scottish National Party has diverted £800,000 from Scottish Water to the publicity budget for the Scottish independence white paper. Will the minister confirm to Parliament that that is true and tell us what impact that decision will have on Scottish Water doing its vital job in Hamilton and across Scotland?

Paul Wheelhouse

Drew Smith will appreciate that I do not have portfolio responsibility for Scottish Water, so I am not aware of the background to his question. However, I am sure that we can write to him with the details of what funding has or has not been taken from Scottish Water. I genuinely have no knowledge of the issue.


Scottish Food and Drink (Primary Product)

John Scott (Ayr) (Con)



4. To ask the Scottish Government what discussions it has had with Quality Meat Scotland, the National Farmers Union and others about the sufficiency of primary product to meet the growing worldwide demand for Scottish food and drink. (S4O-02660)

The Cabinet Secretary for Rural Affairs and the Environment (Richard Lochhead)

It is, of course, important that we have the supply to meet the burgeoning demand in our food and drink sector and to take advantage of its opportunities. One of the products that are most in demand is our fantastic red meat, which has a reputation throughout the world for provenance and quality. To ensure that we can respond to the growing demand, I have asked Jim McLaren, the chair of Quality Meat Scotland, to establish a short-life industry group to examine what can be done to upscale the supply of primary beef production. We hope to have its recommendations in late spring.

John Scott

That answer rather negates the need for my next question, but I will ask it anyway.

The cabinet secretary is better aware than I am of the decline in suckler herds, sheep numbers and overall meat production in recent years in Scotland. He will also be aware of the emerging lack of critical mass in the beef industry, as many Scottish cattle go south for finishing and processing. All that is taking place at a time when Scottish processors and retailers are growing their markets worldwide, thanks to the efforts of Scotland Food and Drink. Does the cabinet secretary agree that there is a risk to Scotland’s food exporting capability, because at the very time our exports are growing, our food production is reducing? If so, what is he doing to encourage production?

Richard Lochhead

I urge our beef farmers in Scotland to produce for the fantastic export markets that are developing around the world. It would be unfortunate if we did not have the supply available to take advantage of those opportunities for Scotland’s economy and our food and drink industry.

A number of factors affect the affordability and viability of producing beef, and they will have to be taken into account in how the common agricultural policy reforms are implemented in Scotland.

Within the industry, if the most efficient farmers were able to pass on their knowledge to other farmers and they were all able to cut costs, that would help each individual business. A number of factors need to be taken into account, which include business changes as well as having the right support mechanisms in place.


World Forum on Natural Capital



5. To ask the Scottish Government whether it will provide an update on the world forum on natural capital that was held in Edinburgh recently. (S4O-02661)

The Minister for Environment and Climate Change (Paul Wheelhouse)

More than 400 people from 35 countries attended the world forum on natural capital in Edinburgh on 21 and 22 November. The event brought together a wide range of interests. World-class speakers debated issues and concepts that affect us all and can help us understand the value of nature and the impact that our actions can have on the environment.

The First Minister addressed the conference. He was pleased to welcome the delegates to Scotland and affirm that the Scottish Government recognises that Scotland’s diverse natural environment is a valuable national asset. He welcomed the formation of a Scottish forum on natural capital, which will bring together public, private and voluntary sector organisations to work together to protect and rebuild Scotland’s natural capital. An early focus of the forum will be to consider how to restore Scotland’s highly valued peatlands. The Scottish Government welcomes the announcement made at the close of the conference that the second world forum on natural capital will be held in Scotland in 2015.

Drew Smith

The minister and other members who might have received a number of emails on the subject will know that the concept of natural capital is not without its critics. However, I have read the helpful briefing that was provided by the Scottish Wildlife Trust, which argues that, although nature should be priceless, that does not mean that it is valueless. What reassurance can the minister offer to those who are concerned about the commodification of market assets because they fear that it might lead to marketisation? What work are SNH and other Government agencies involved in to gauge the appropriateness of the natural capital approach?

Paul Wheelhouse

I thank the member for raising those points in a constructive way. He is absolutely right that we want to provide an assurance to people that this approach does not undermine the protection of the environment. We certainly want to avoid putting a price on nature, as such, but we feel that valuing nature and the services that it provides to society in this way is not the same as placing a monetary figure on it. Natural capital is one of the ways in which we can tell whether our economic growth is truly sustainable.

SNH and others are involved in producing information such as the natural capital index, which is in its infancy at the moment but is an important means by which we can start to measure the value of what we have in Scotland and target improvements in the stock of natural capital over time. I welcome the member’s interest in this issue.


Red Squirrel (Pox Virus)



6. To ask the Scottish Government what research it has conducted on red squirrel resistance to the pox virus. (S4O-02662)

The Minister for Environment and Climate Change (Paul Wheelhouse)

Recent research by Dr Julian Chantrey, from the University of Liverpool, and his PhD student Tim Dale, which discovered that some red squirrels were resistant to the squirrel pox virus, was presented at a recent conference organised by the Red Squirrel Survival Trust. As yet, no comparable work has been carried out in Scotland to look at the presence of squirrel pox antibodies in red squirrel populations that have been exposed to virus.

The Moredun Research Institute is peripherally involved, as it undertakes all of the blood testing on red and grey squirrels. Both the study that was carried out by Dr Julian Chantrey and an earlier study that was reported in 2008 suggest that around 10 per cent of red squirrels that are exposed to the virus are able to survive the infection. The reasons for that are not well understood.

Murdo Fraser

Like the minister, I was interested to read the reports of red squirrels in Merseyside developing immunity to the squirrel pox virus. I encourage him to have the Government agencies work on the issue to see whether further research can be done in Scotland. At the same time, could he have some research conducted into the use of immuno-contraceptives as a means of controlling the grey squirrel population?

Paul Wheelhouse

I recognise the member’s interest in the matter. It is clearly important to control the spread of grey squirrels into areas such as Tayside, which is the heartland of the red squirrel population. We will continue to take advice from Scottish Natural Heritage and others on the most appropriate methods of controlling the numbers.

At the moment, we do not have a programme of the kind that Murdo Fraser has described. However, it is important that we are as involved as possible in supporting all approaches to tackling the problem of the squirrel pox virus.

Claudia Beamish (South Scotland) (Lab)

Could the minister give us more details of the range of interventions to support and protect red squirrels, particularly in the south of Scotland, in light of the concerns about the situation on the Paxton house estate, where there are no longer any red squirrels, and the corridors of concern that go up into the northern parts of Scotland?

Paul Wheelhouse

I recognise the member’s long-held interest in this issue. I have met her, other MSPs, John Home Robertson and others to discuss the problems that have arisen at Paxton house.

The red squirrels in south Scotland project, which has now merged with the saving Scotland’s red squirrels project to form a national red squirrel conservation scheme, is carrying out grey squirrel control to isolate squirrel pox virus outbreak zones and establish pox containment in those areas in the south of Scotland.

The squirrel pox surveillance programme, which is made up of a partnership of the red squirrels in south Scotland project, Moredun Research Institute and the Royal (Dick) School of Veterinary Studies in Edinburgh, tests diseased red squirrel specimens for signs of the squirrel pox virus and other pathogens, and undertakes antibody and tissue tests in grey squirrels to detect and map exposure to the virus.

The programme of squirrel pox virus surveillance in the south of Scotland has been continued and extended under phase 2 of the saving Scotland’s red squirrels project up to 2014. SNH and the Forestry Commission Scotland both contribute to the SSRS core funds and are part of the steering group. SNH is currently contributing £350,000 to the project over two years.

I hope that that reassures the member that we are taking every possible step to control the problem in the south of Scotland, in recognition of the fact that it is an important line of defence against the virus spreading into the red squirrel population.


Zero Waste Scotland and Keep Scotland Beautiful (Meetings)

Duncan McNeil (Greenock and Inverclyde) (Lab)



7. Please accept my apologies, Presiding Officer, for not being here at the start of question time. I had a very interesting meeting with Patient Opinion Scotland. As usual, I talked too much, which is why I was late.

To ask the Scottish Government when the Cabinet Secretary for Rural Affairs and the Environment last met the chief executives of Zero Waste Scotland and Keep Scotland Beautiful and what was discussed. (S4O-02663)

The Cabinet Secretary for Rural Affairs and the Environment (Richard Lochhead)

I met Iain Gulland, director of Zero Waste Scotland, most recently two weeks ago, at the opening of Dryden Aqua’s award-winning glass reprocessing plant. It is a fantastic company—and project—for Scotland, with international benefits. During our chat, we discussed what can be done to help the company to source recycled glass from households throughout Scotland.

On 20 March this year, I hosted a summit to discuss Scotland’s litter problem, at which I met all key stakeholders, including the chief executive of Keep Scotland Beautiful. We discussed a range of ideas to help to tackle litter throughout Scotland.

Duncan McNeil

I welcome the cabinet secretary’s statement with regard to proposed Scottish Government legislation to tackle fly-tipping and all other forms of antisocial behaviour that blight the Inverclyde area and other areas throughout Scotland. In the past five years, 19,000 fly-tipping incidents were reported in Inverclyde; 4,000 of them in the past year.

When can we expect the proposed legislation and what can we do in the meantime to tackle the issue?

Richard Lochhead

I am sure that we all share the member’s condemnation of those people in Scotland who think that it is acceptable behaviour to litter their communities and Scotland’s beautiful landscapes.

The member is right that we are addressing the issue in legislation; indeed stage 2 amendments were passed this morning in the Economy, Energy and Tourism Committee to increase the fixed penalties for littering from £50 to £80 and to quadruple fly-tipping fixed penalties to £200 from 1 April 2014.

We will also publish our updated litter strategy next year and I would be happy to bring the subject back to Parliament for debate. In the meantime, I know that many members have strong feelings about what to do to tackle litter and if anyone has any ideas, I would be delighted to hear from them.

I hope that we can do our best to persuade the people of Scotland to look after their country and support Keep Scotland Beautiful’s campaign to clean up Scotland.

Claire Baker (Mid Scotland and Fife) (Lab)

The Scottish Government has published draft regulations for a single-use bag levy, which mirrors Welsh regulations. Northern Ireland’s levy exempts hot food. The European Union recently announced proposals that are very focused on reducing plastic bag usage. What is the cabinet secretary’s view of arguments for increasing the exemption within the schedule to include paper bags that would be used for takeaway food?

Richard Lochhead

We have a desire to listen to people’s views on these issues and on exemptions. However, there is widespread support for the general thrust of the legislation, which is to introduce a levy on single-use bags. Given that a range of benefits are being experienced by other countries that have similar bans in place, we should certainly follow suit in this country.

There are a number of issues to be ironed out in the detail of the legislation. I have an open mind about how we can address those.


Wild Fisheries Management (Review)



8. To ask the Scottish Government whether it will provide an update on the review of wild fisheries management that it announced during the passage of the Aquaculture and Fisheries (Scotland) Act 2013. (S4O-02664)

The Minister for Environment and Climate Change (Paul Wheelhouse)

I know that there is considerable interest, both in the chamber and outside it, in the future management arrangements for wild fisheries. I am committed to undertaking such a review and am currently considering the scope and remit of the review. I expect to make an announcement on the timing and scope of the review shortly.

John Finnie

I understand that a number of waters in Scotland are under community control but not under community ownership. Indeed, some have salmon rights that have been donated to a town or a club. I am particularly interested in the potential for community interests to conflict with the wider public interest and have written to the land reform review group about that.

Would the minister agree to the Scottish Government examining wild fishing rights and laws—those in New Zealand and Nova Scotia have been commended to me—to see what lessons, if any, can be learned for Scotland in order to democratise the issue?

Paul Wheelhouse

I am happy to look at any constructive suggestions—the example of New Zealand has been given a number of times and I am aware that Canada has different arrangements that would be interesting for us to study. The first step is to identify the conservation needs of Scotland’s wild fishery and then to develop solutions that fit those needs.

I am happy to look at any solutions that members feel would help to address those needs. The hope is that the review will cover that. As I said, I will come back to Parliament and to John Finnie with more detail on the review. I would be happy to look at the examples that he cited of New Zealand and Canada.

There is a brief supplementary from Jamie McGrigor.

To aid the management of wild fisheries—particularly on the west coast, where runs have declined—and in the light of the news that recent sea-lice figures on some west coast farms are nine to 10 times higher than they should be—

I must hurry you.

Will the minister reconsider the decision not to monitor fish farms individually for sea lice?

I ask for a brief answer, please.

Paul Wheelhouse

As the member will know from the debate on what is now the Aquaculture and Fisheries (Scotland) Act 2013, we undertook to look at the voluntary provision of sea-lice data and to monitor performance in practice and whether it is delivering the reputational driver that we want in order to drive down the number of sea-lice infections. I give the member a renewed undertaking that we will keep that under review. We have powers under the Aquaculture and Fisheries (Scotland) Act 2007 to impose a mandatory scheme if necessary, but we are not looking at that at this stage, because we feel that more time is needed to see how the new regime works in practice.


Justice and the Law Officers


Legal Highs (New Psychoactive Substances)



1. To ask the Scottish Government what measures it is taking to stem the reported increasing availability of so-called legal highs. (S4O-02667)

The Minister for Community Safety and Legal Affairs (Roseanna Cunningham)

The classification of drugs is a reserved matter. However, I hosted a national event in April 2013 with representatives from the police, health services, local authorities and community and youth organisations to discuss the issue and agree on what can be done. We have already acted on a number of the proposals that emanated from that meeting. We will continue to work with partners across Scotland and the United Kingdom to learn more about the impact of the substances.

John Wilson

Given that recent research has highlighted that 47 people in Scotland have died from using so-called legal highs, what approach are the police and others taking to minimising their use among school-age children, especially in Lanarkshire? Much of the packaging is aimed at young people. In conjunction with the UK Government, will legislation be updated or reviewed?

Roseanna Cunningham

One of the difficulties is the enormous challenge that the substances present, because they are not illegal if they are not explicitly sold for human consumption, and they are marketed in that way. We take substance misuse in schools seriously. I commend to the member the know the score free helpline and website. Those resources ensure that credible information on new drugs is available and help to challenge the myth that legal equals safe, which is one of the difficulties. That is why we do not use the term “legal highs” when possible; we prefer to describe them as new psychoactive substances.

We continue to work with the UK Government, but we are also monitoring changes in legislation worldwide to see whether other approaches are feasible. Nothing has been in place long enough yet to give us certainty about whether proposals will work.

We remain on top of the issue. The member referred to the number of deaths in which such substances have been implicated. An outcome of the April meeting was that we would make such figures clearly separate in the death statistics.

Elaine Murray (Dumfriesshire) (Lab)

Does the minister have any estimates of the extent of the use of legal highs in Scotland? We hear statistics that indicate that drug use is reducing, but are we absolutely confident that that does not just represent a switch from illegal drug use to so-called legal drug use?

Roseanna Cunningham

That question is difficult to answer, because the figures are not recorded in the same way. We are in the business of gathering as much information as possible about the extent to which such substances are used. Their use is by no means widespread, but there is no doubt that they might seem more attractive in some areas and age groups, because people are equating being legal with being safe.

I reiterate that, where possible, we should not use the term “legal highs” because the fear is that that gives out a very wrong impression of those substances. We are in the process of trying to gather information—as I indicated, one of the outcomes from the April meeting relates to death statistics—and we are already putting in place some other outcomes as well. However, getting a statistical handle on the situation is not easy given that the substances are not criminal.


Cashback for Communities (Fife)



2. To ask the Scottish Government what assessment it has made of the cashback for communities programme in Fife. (S4O-02668)

The Cabinet Secretary for Justice (Kenny MacAskill)

The Government’s hugely successful cashback for communities programme is having an enormous impact on young people and their communities across the length and breadth of Scotland. Since 2008, the cashback programme has invested and committed more than £74 million in our communities and has provided 1.1 million activities and opportunities for young people. Fife itself has benefited from more than £1.3 million in cashback investment and more than 55,000 activities and opportunities for its young people.

Annabelle Ewing

I thank the cabinet secretary for his answer, wherein he detailed the significant impact that the cashback for communities programme is making in Fife. Can he confirm the steps that are being taken to ensure that local communities in Fife are fully aware of the next tranche of funding—which I believe is some £24 million—with the deadline for applications being the end of this year?

Kenny MacAskill

On 23 October, it was announced that £24 million is to be invested through cashback over the next three years. The application pack has been available on the Government’s website since 1 November. We have received a large number of queries about funding and applications since the start of November.

We always welcome the opportunity to discuss new projects with organisations and communities if they believe that those can add to the cashback programme. We expect that demand will exceed the funds that are available and that not all applicants will be successful. From having engaged with YouthLink Scotland and a variety of youth organisations the length and breadth of Scotland, I certainly think that the word is out. If the member wishes to encourage local groups to apply, I am sure that we will see whether we can deliver.


Forced Marriage (Consultation on Criminalisation)



3. To ask the Scottish Government for what reason it has not undertaken a public consultation on, or discussed with relevant organisations, the criminalisation of forced marriage. (S4O-02669)

The Cabinet Secretary for Justice (Kenny MacAskill)

The United Kingdom Government’s timescale for a potential legislative consent motion on the Anti-social Behaviour, Crime and Policing Bill did not allow for a public consultation. We are in regular discussion with key stakeholders on the issue and we were aware that there would be an opportunity to feed in views to the Justice Committee for its consideration of the LCM.

Claudia Beamish

I thank the cabinet secretary for explaining the situation in relation to the LCM. However, he will know that Scottish Women’s Aid, Hemat Gryffe Women’s Aid and Shakti Women’s Aid have concerns about proceeding to criminalise forced marriage.

Scottish Women’s Aid speaks of evidence from Europe and says that it is difficult for people at risk of forced marriage to report their parents and families to the police or even to pursue civil protection. The people at risk often need to be reassured that the protection that they seek can be obtained in the family courts, and thus that their families will not be prosecuted, before they agree to make a formal statement.

Is the cabinet secretary in a position to reconsider the present process? If not, I encourage him to take careful account of those highlighted concerns about criminalisation.

Kenny MacAskill

I take clearly into account and understand the concerns of those organisations, which the member correctly mentioned. It is certainly the position of this Government and indeed of the UK Government that we require to legislate. It is necessary to deal with forced marriage in that way, given our agreement to the Istanbul convention. Some of the organisations that the member refers to disagree with that requirement, but that is certainly the legal advice here and south of the border, and indeed the position of the police and the Crown.

We understand the concerns about driving the practice underground. However, it appears to us that the practice is already, by its very nature, one that tends to be kept under wraps and dealt with secretively. That is why we are happy to work with members of particular organisations, and with the communities in which the practice tends to be more prevalent, to make it quite clear that forced marriage is unacceptable. We are also happy to work with the UK Government on the issue because we believe that there is benefit in having some cross-border parity. We must ensure that we always remember that the victims of forced marriage are to be treated as victims, with dignity and respect. The legislation is not meant to compound the issue; it is meant to ensure that we comply with our international obligations and that those who participate in the practice are dealt with firmly and appropriately.

Margaret Mitchell (Central Scotland) (Con)

In order to strengthen the deterrent and tackle the culture surrounding forced marriage, has the cabinet secretary considered making the breach of a forced marriage protection order an aggravated offence? The Scottish Parliament took the deliberate decision back in 2011 not to criminalise forced marriage because the evidence that was received then—and again recently—suggested that that would deter individuals from coming forward rather than encourage them to do so.

Kenny MacAskill

A breach of the civil order is in fact a criminal offence. I am open to considering whether there would be merit or benefit in making that an aggravated offence, but breaching such an order would instigate criminal proceedings, as can be seen in relation to domestic violence, for example. I am happy to consider the issue and reflect on Margaret Mitchell’s point.


Policing (Dumfries and Galloway)



4. To ask the Scottish Government when it last met Police Scotland’s divisional commander for Dumfries and Galloway and what matters were discussed. (S4O-02670)

The divisional commander for Dumfries and Galloway last met with Scottish Government officials on 13 November, and the subject matter that was discussed was missing persons.

Alex Fergusson

I thank the cabinet secretary for that response, but I am disappointed not to hear of any discussions taking place on an event that occurred last week, which was the closure—after 558 years of delivering local justice—of the sheriff and justice of the peace court in Kirkcudbright.

The town has also just lost its front-desk facility at the police station, which means that those who are asked to act as witnesses and those who want to report a crime in person will have to do so either at Dumfries, which is some 30 miles away, or at Stranraer, which is some 50 miles away.

Can the cabinet secretary tell me how that change is meant to encourage my constituents to play their part voluntarily in bringing criminals to justice? Does he agree that those changes are likely to make them a little more reluctant to do so?

Kenny MacAskill

The Government and all partners involved in law enforcement encourage all members of the public to step forward in whatever capacity, whether it is to give evidence, act as a juror or appear in any other role.

As Mr Fergusson will be aware, the decision was arrived at by the Scottish Court Service. I am due to meet the Lord President later this afternoon, and I will pass on Mr Fergusson’s views. However, Mr Fergusson will be aware that, as a result of the considerable budgetary cuts that have been forced on this Government by the Westminster coalition Government, all aspects of public policy and all areas of public and private life are facing financial challenges. The Lord President has made appropriate provision to deal with the financial challenges by implementing some court closures. Mr Fergusson referred to the situation in Kirkcudbright, but he knows that it is replicated and mirrored south of the border, where the court closures are even more extensive.


Legal Highs (New Psychoactive Substances)



5. To ask the Scottish Government how many times Police Scotland has found so-called legal highs cut with illegal substances but not seized them. (S4O-02671)

The Minister for Community Safety and Legal Affairs (Roseanna Cunningham)

When an unknown substance is believed to contain a controlled drug it would be seized by the police for the purposes of securing evidence, identification, investigation and potential prosecution. It is, of course, the potential presence of a controlled substance that triggers the seizure, and the information and intelligence that are obtained are key in that respect.

Kevin Stewart

I have heard that so-called legal highs—perhaps I should call them psychoactive substances—are sometimes cut with illegal drugs, but there does not seem to be any recording of seizures of legal highs, as the minister explained. Is Police Scotland aware of that problem? What can be done to ensure that drug dealers cannot entrap people into becoming addicted to illegal drugs by using those nefarious and duplicitous means?

Roseanna Cunningham

I thank Kevin Stewart for amending his terminology. I advised him—this may also interest John Wilson—that about 10 per cent of the Scottish Police Authority’s current monthly case load relates to analysis of substances that are suspected of being new psychoactive substances. The rise in those submissions is due to improved forensic capability and to increased awareness about and availability of such products.

Police Scotland is now better placed to identify and to respond to availability of those substances, particularly when they are found to be mixed with controlled drugs. To date, Police Scotland has been required to provide greater returns to the Scottish Government on traditional controlled drugs. However, with the emergence of the particular products that Kevin Stewart asks about, there is now a requirement to ascertain more specific data on seizures and the availability of such substances. Police Scotland is well aware of the need for it to keep on top of what is happening and for us to understand what is going on.

In respect of drugs education and the information that is going out to people, I again refer Kevin Stewart to my answer to John Wilson, and to the work that is done by bodies such as Crew 2000 to try to keep people as well informed as possible.


Crime Statistics (Publication)



6. To ask the Scottish Government what discussions the Cabinet Secretary for Justice has had with the chief constable regarding the publication of crime statistics. (S4O-02672)

The Cabinet Secretary for Justice (Kenny MacAskill)

I meet with Chief Constable Sir Stephen House on a regular basis to discuss important issues around keeping people safe in Scotland. Most recently, of course, I met the chief constable during the aftermath of the tragic incident at the Clutha bar in Glasgow on Friday. On Saturday, we were both at the Helen Street control centre and, on Sunday, we were at the service at Glasgow cathedral.

Ken Macintosh

The cabinet secretary will be aware of the Auditor General for Scotland’s recent report on police reform and her comments that the information that is provided to the new Scottish Police Authority is more selective and less comprehensive than that which was previously presented to police boards. Is he also aware of the chief constable’s comments to the Public Audit Committee that publication of crime statistics is a matter for the Government and not for him, that that is a source of some frustration for him and that it is certainly not due to reticence on his part? Will the cabinet secretary ease that frustration and assure Parliament and the public that the information will be as comprehensive as it was previously?

Kenny MacAskill

Absolutely—I can give an assurance on that.

The SPA and the chief constable, supported by the Scottish Government and officials in the justice directorate, are attempting to ensure that we have up-to-date figures that are comparable across the nation, as opposed to the previous situation, in which individual constabularies had different ways of reporting. That is why the chief constable welcomed the comments of Audit Scotland. The SPA, the chief constable and justice officials are working together and are working closely with Her Majesty’s inspectorate of constabulary in Scotland to ensure that the best possible information is available, that it is comparable across Scotland and that it is appropriate for those who are charged with holding the police to account, in the Parliament or the SPA.


Firearm Offences



7. To ask the Scottish Government whether it will provide an update on the number of convictions for firearm offences in 2013. (S4O-02673)

The Cabinet Secretary for Justice (Kenny MacAskill)

Our annual bulletin “Recorded Crimes and Offences Involving Firearms, Scotland, 2012-13” was published on 20 November. It showed that gun crime fell by 32 per cent in the year to March, which is down 71 per cent since 2006-07, and that gun crime is now at its lowest level for 33 years.

Does the cabinet secretary share my view that, because Police Scotland has specialist services available that might not have been available to regional forces, it is in a better position to deal with serious crimes such as firearms offences?

Kenny MacAskill

I absolutely accept that. We have seen the benefit of specialist services and of a single service at the recent tragedies in Glasgow and Shetland. When resources were called on, they were available nationally.

Another issue is that we no longer have artificial boundaries. When I met armed response officers from Inverness who cover the Highlands of Scotland, they told me that the historical position was that they could drive to Dalcross and would then have to turn round, but they can now go on to cover Elgin, for example; it is quicker and easier for officers from Inverness to get Elgin than it was for officers from the Grampian Police area to get there from Aberdeen city. Citizens can be reassured that local policing is still the bedrock, but national services are available wherever they are needed, whether in the Highlands or the islands.


Police Station Closures (West Scotland)



8. To ask the Scottish Government what impact the closure of police stations in West Scotland will have on community safety. (S4O-02674)

The Cabinet Secretary for Justice (Kenny MacAskill)

The review of public-counter provision is a matter for Police Scotland, which has focused its review on front-counter provision, not on stations. The closure of counters that are not widely used aims to help deliver a more consistent and professional service to the public and to enable more officers to be deployed where the public tell us that they want them, which is in our communities.

The report of the independent police commission chaired by Lord Stevens, which was published on 25 November, recognises the benefit of our reform. It states:

“The Commission recommends that the social purpose of the police should be enshrined in law ... This has recently been achieved ... in Scotland. We believe that the national statement of purpose for Police Scotland has much to commend it as a model for enacting a legislative purpose for the police in England and Wales.”

I commend that report, which was commissioned by the Labour Party.

Mary Fee

The west of Scotland, if we include Glasgow, North Ayrshire and Inverclyde, is listed as one of the top five least peaceful areas in Scotland. If a community can put forward a compelling case for keeping a counter open, will the cabinet secretary take on board those views and listen to the opinions of local people?

The police have been doing that. Assistant Chief Constable Mawson commented today that the counter consultation had received contributions from 83 members of the public—out of a population of 5.3 million.