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Chamber and committees

Plenary, 05 Feb 2009

Meeting date: Thursday, February 5, 2009


Contents


Question Time


SCOTTISH EXECUTIVE


General Questions


Act of Settlement 1701<br />(Scottish Government Policy)

1. Christine Grahame (South of Scotland) (SNP):

To ask the Scottish Government whether reported comments by an official spokesperson for the First Minister in relation to the Act of Settlement 1701 reflect Scottish Government policy and, if so, what representations it has made to the United Kingdom Government. (S3O-5831)

The Minister for Community Safety (Fergus Ewing):

The First Minister and the Government have made it clear that the Act of Settlement is discriminatory and that it should be repealed. On 26 March 2008, the First Minister wrote to the Secretary of State for Justice, Jack Straw, to make clear the Government's support for its repeal. The Parliament's unanimous support in 1999 for a motion on the repeal of the Act of Settlement makes it clear that the issue cuts across political boundaries.

Christine Grahame:

In light of the minister's full response, I ask him to continue his endeavours to accelerate matters, as the issue has been debated for a very long time. I see the Minister for Environment, Mike Russell, in the chamber. He was the first to raise the issue in Parliament. Does the minister agree that there is dismay at the lack of progress on the matter at Westminster, despite kind words?

Fergus Ewing:

I well remember listening to a slightly younger Mike Russell in 1999, when he spoke to and moved motion S1M-117, which stated:

"That the Parliament believes that the discrimination contained in the Act of Settlement has no place in our modern society, expresses its wish that those discriminatory aspects of the Act be repealed, and affirms its view that Scottish society must not disbar participation in any aspect of our national life on the grounds of religion."

I cannot improve on the words of Michael Russell.


Cashback for Communities (Football Clubs)

To ask the Scottish Government whether it will consider extending the range of football clubs that can benefit from the cashback for communities programme. (S3O-5836)

The Cabinet Secretary for Justice (Kenny MacAskill):

We have already invested £2.5 million of cashback for communities funding, which is money straight out of the pockets of gangsters, in a significant programme of football activities. That funding is now giving thousands of young people more choices and chances. I will shortly announce how we will invest a further £2 million in sporting facilities that are aimed primarily at football. Every non-professional football club in Scotland was given the chance to bid for a share of that money, and I expect to see a great many clubs throughout Scotland benefiting from that significant investment.

Michael Matheson:

The cabinet secretary will be aware of the valuable role that Stenhousemuir Football Club plays in providing access to sports facilities in my constituency. Between 3,000 and 4,000 youngsters use its facilities each week. However, it is prevented from bidding for money from the current cashback for communities programme. Will the cabinet secretary consider allowing small community-based clubs in Scotland to bid for money from that programme in order to enhance their facilities? That would benefit the wider community.

Kenny MacAskill:

I thank Michael Matheson for bringing the matter to my attention. Obviously, I have seen the good work that is being done at Stenhousemuir.

The criteria that we set for the sporting facilities fund were considered for non-professional clubs. I recognise that something is askew. Although Stenhousemuir also acts as a community club, it is classified as a professional club and is thus precluded from applying for funding. I give the member an undertaking that we will seek to review the matter. It is clear that professional clubs that are multimillion pound organisations do not deserve the same level of public support as smaller clubs do. Such clubs doubtless have ambitions, but perhaps they are more restricted or less global. We accept that Stenhousemuir is doing good work and we will seek to try to address the issue in future funding.

Jeremy Purvis (Tweeddale, Ettrick and Lauderdale) (LD):

The cabinet secretary will know that in the Borders and Midlothian amateur clubs have done excellent work with youth groups by taking advantage of the programme. I certainly do not oppose extending the programme to other clubs or facilities, but does he agree that there is value in sustaining support for clubs that have already received support and in allowing midnight football and other work to carry on into the future? Does he agree that sustainability should be at the heart of the funding programme?

Kenny MacAskill:

Absolutely. The purpose of the cashback for communities programme is to deal with a wide spectrum of matters. We have put in an initial tranche of money to support the development of football, for example in the midnight leagues, and we intend to extend another football programme to secondaries 2 and 3. Equally, we have put in money specifically for the girls game to try to ensure that girls continue into the women's game. We have also put money into the facilities fund. It is a question of balance. We are working with national organisations so that football schemes can be rolled out in all 32 local authority areas. Equally, we are trying to ensure that we grow the game in Scotland, perhaps from the bottom up, rather than concentrating on the success of a couple of clubs at the top.


Mass Market Microrenewables

To ask the Scottish Executive what financial incentives it will bring forward for householders to stimulate a mass market for microrenewable technology and energy efficiency measures. (S3O-5780)

In addition to the continued energy efficiency and microgeneration advice and grant support that are offered through our energy saving Scotland advice network, we have put forward new proposals for home insulation in our budget.

Sarah Boyack:

Does the minister accept that existing microgeneration measures are not sufficient to deliver a mass market, given the obstacle of planning red tape? Does he have a date for the introduction of his much-delayed statutory instrument on permitted development rights? Is he aware that renewables companies are warning that they will have to make staff redundant because of the delays? Has he decided yet whether the guidelines will be based on sensible decibel levels rather than on arbitrary distance limits, which would rule out most housing in Scotland?

The proposals will be laid before Parliament on Monday.

What other, non-financial measures does the Government plan to introduce to improve the take-up of microrenewable technology and energy efficiency measures?

Those measures include the work that we are doing with the Scottish Building Federation and others to identify a strategy for the sector. We have now run two full sessions with the construction sector and we are pushing it in that direction.


Tayside Police

To ask the Scottish Executive when the Cabinet Secretary for Justice last met the chief constable of Tayside Police. (S3O-5789)

The Cabinet Secretary for Justice (Kenny MacAskill):

I last met Chief Constable Kevin Mathieson on 28 October 2008, when we discussed recent developments within Tayside Police and a number of other police-related topics. We also met very briefly on 16 January 2009, when I opened a new forensic sciences teaching facility at the University of Abertay Dundee.

Marlyn Glen:

Did the cabinet secretary also discuss the innovative and effective Tayside pilot that has brought medical practitioners into custody suites, under the responsibility of the national health service? Does he agree that that is an essential service for people with disabilities or for those who are on regular medication while they are in custody?

Kenny MacAskill:

That particular matter was not discussed, but I am grateful to the member for drawing it to my attention. The Government takes the view that we need to ensure that agencies work together to try to solve the problem. Clearly, many people face difficulties and the police have difficulties dealing with them. If we ensure that all the organisations work together to achieve a solution to the problem, that is to be supported. I am more than happy to consider the issue further if the member wishes to make further representations on it. In the main, I am delighted that Chief Constable Mathieson is getting on and doing what is sensible.

Andrew Welsh (Angus) (SNP):

In the cabinet secretary's talks with the chief constable of Tayside Police, was he made aware of the positive work that is being done in Angus, where the Arbroath task force, under the banner of operation Inchcape, is creating a highly visible police presence and working with the Arbroath community safety partnership and a range of other local people and organisations—including the national health service, community wardens and parents—to target and reduce youth crime, offending and drugs misuse? Will he consider that kind of joint, targeted, co-ordinated and highly visible strategy as a model that could be extended to elsewhere in Angus and nationally?

Kenny MacAskill:

Again, that particular matter did not come up in my conversations, but I am aware of that on-going scheme. I am also aware that, for several years, Sheriff Stein has been extremely innovative in trying to resolve matters. The issue is about agencies working together to solve problems and to divert youngsters who are on the cusp of offending, but it is also about ensuring that the police are there to deal with youngsters who offend and cause a nuisance in their communities. I am more than happy to consider the scheme in greater detail. I commend the good work of the chief constable of Tayside Police, the agencies with which he is collaborating and, in particular, Sheriff Stein, who for many years has been leading the charge.

Dr Richard Simpson (Mid Scotland and Fife) (Lab):

When the cabinet secretary next meets the chief constable for Tayside Police or other chief constables, will he discuss the treatment of people with substance misuse problems in custody suites? There is still a problem with treatment being interrupted when people go into custody suites because treatments other than methadone are used.

Kenny MacAskill:

I am more than happy to ensure that those matters are discussed. I discussed elements of substance abuse with Chief Constable Mathieson. I accept that there are difficulties and practical problems for the police, but there is no one simple solution that will resolve those. A lot depends on the nature of the police custody suite to which a person is taken—for example, whether it is in a large urban area with easy access to health service facilities. Given the interaction between drug abuse and offending, the problem is significant and must be considered. I certainly undertake to continue to have dialogue with the Association of Chief Police Officers in Scotland on the issue to try to ensure that our communities are made safer.


Mortgage to Rent Scheme

To ask the Scottish Executive what steps are being taken to implement the recommendations of the research, "Evaluation of the National Mortgage to Rent Scheme". (S3O-5807)

As I announced on 21 January, the Scottish Government will revise the mortgage to rent scheme in light of the evaluation's recommendations and operational experience. The revised scheme will be open for applications from 16 March.

Mary Mulligan:

The minister referred to his statement to the Parliament, in which he acknowledged that there are several challenges. Will he therefore say a little more about how the Scottish Government will ensure that there are sufficient landlords to meet demand; that we increase public awareness of the scheme; and that a framework is introduced for agreements between the Scottish Government and local authorities or housing association landlords?

Stewart Maxwell:

We are making several of the changes that were recommended in the evaluation report. There were 23 recommendations, three of which were for the United Kingdom Government. Of the other 20, we have rejected only two outright—one because it would lead to increased bureaucracy for applicants, which we are trying to reduce, and the other because it would cause other difficulties. We will produce new advertising for the scheme to make people aware of the changes. We are raising awareness through the website and there will be a telephone helpline so that people can access information. We are speeding up the application process by allowing people to apply to the revised mortgage to rent scheme after three months of being in arrears, whereas at present they have to wait until a repossession order is sought for their property. All in all, the new scheme will provide a great deal of assistance to people throughout the country. We hope that about 600 people will be helped over two years.


Marine Special Area of Conservation Designations

6. Alasdair Allan (Western Isles) (SNP):

To ask the Scottish Government what it will do to respond to the views of fishermen and other local interests when dealing with the European Commission's proposals for marine special area of conservation designations in the Sound of Barra and near Mingulay. (S3O-5819)

The Minister for Environment (Michael Russell):

I stress that, as the member knows, we are not yet at the proposal stage. I plan to meet local fishermen and representatives of the Barra and Vatersay community to hear their concerns on the potential designation of the two locations in the coming weeks. Under European rules, designation must be based on scientific evidence alone, but our professional advice is that, were the designation to come about, it would not interfere with responsible fishing activities. Scotland is rich in natural resources, which we need to protect for this and future generations, including the communities who rely on the marine environment for their living. The rights and responsibilities of communities and how they express those are very important.

Alasdair Allan:

I thank the minister for the efforts that he is making on the issue. Will he agree to hold a meeting, perhaps by videolink, before the formal consultation opens, and to press home the argument that local fishing and commercial interests must be safeguarded? I will raise that argument with the European Commission on a trip to Brussels in the coming few days.

Michael Russell:

I can do better than that—I can offer a physical presence as opposed to just a video presence, although some people might not think that that is a better offer. Seriously, I have said to the community that I am happy to hold a videoconference with the fishermen. I am also happy to visit Barra and will make arrangements to do so in the next few weeks.

As well as meeting the member repeatedly to discuss the issue, I have met Councillor Donald Manford, who has made strong representations on the matter, and have heard from the MP, Angus Brendan MacNeil. I very much believe that the views of the community on the matter are paramount. There is no consultation at present. I will talk to the community before any consultation takes place, should one come along. I hope that we can have a constructive discussion, both about democracy, which is extremely important, and about how the community can benefit from designation rather than see it as a burden.

Jamie McGrigor (Highlands and Islands) (Con):

The minister might be aware that I initiated a members' business debate when a similar special area of conservation proposal for those areas emerged some years ago. That proposal was subsequently dropped. Does the minister agree that, although we must seek to protect features such as coral reefs, a total ban on all fishing would be disproportionate and would certainly not be justified by science? After all, the reefs in question have outlived many generations of fishermen. A ban on fishing would have serious financial implications for the already fragile economies of Barra, Vatersay, Eriskay and Uist.

Michael Russell:

There is no question of a ban on fishing as a result of any such designation—I put that firmly on the record—but, as with all such issues worldwide, there is a question of balance. A balance must be struck between the national significance of the features that we are talking about and the socioeconomic interests of the community. As I have often said in public, it is a flaw of European legislation that socioeconomic issues are not germane when it comes to lodging objections to proposals. We need to have a balanced discussion.

I stress that there is no question of a ban on fishing or of an imposition on earning a livelihood in Barra or in the waters around Barra.


Healthy Living Centres

To ask the Scottish Executive what assistance it will provide to healthy living centres in the next year. (S3O-5815)

The Minister for Public Health (Shona Robison):

The Cabinet Secretary for Health and Wellbeing recently met the healthy living centre alliance and had a constructive discussion on the future of healthy living centres.

In the long term, we want to see effective healthy living centres continue their good work where that fits with local funders' assessment of people's needs and local service priorities. Some local funding decisions for 2009-10 have already been signalled. Further decisions will need to be determined now that the budget positions for 2009-10 have been resolved.

Karen Whitefield:

I am grateful to the minister and to the cabinet secretary for their interest in the subject. Does the minister agree that healthy living centres have made a positive contribution to communities across Scotland, and that there is a need to guarantee long-term, sustainable funding to allow them to continue? Will she consider what funding could be made available to projects such as getting better together in Shotts to enable them to extend their services to other communities?

Shona Robison:

I agree that healthy living centres make a positive contribution. We established a transition fund to give local partners time to consider long-term, sustainable funding. I am well aware of the excellent work that getting better together provides in Shotts and know that local partners are well ahead in their discussions to resolve the provision of sustainable funding for that project. I make the point that the transition fund that we established has allowed such discussions to take place. That is in marked contrast to the position under the previous Administration, when six healthy living centres were allowed to close. We have provided transition funding to enable those centres to have a future.


Police and Firefighters' Pensions

To ask the Scottish Government what support it has provided for police and firefighters' pensions. (S3O-5838)

The Cabinet Secretary for Justice (Kenny MacAskill):

Police and fire pension costs are provided for within the local government settlement. However, we are making available an extra £32.8 million this year and £22.3 million in 2009-10 to meet the additional costs of changes in the commutation rates for police and fire officers.

In addition, we will provide an extra £20 million in 2009-10, and the local government family will contribute £20 million, to meet the additional pension costs that will arise from the increased number of retirals in that year.

That amounts to an extra £32.8 million in 2008-09 and £42.3 million in 2009-10. Together with the £20 million share from local government, that brings the total extra funding available to £95 million.

Christina McKelvie:

Does the cabinet secretary agree that it is right and proper that employers take cognisance of the behaviour of their employees, and of any criminal behaviour in particular? Does he agree that it is disgraceful that a convicted rapist is using legal aid to seek to restore his pension rights? Will he consider amending the legal aid rules?

Kenny MacAskill:

I cannot amend legal aid rules, as they are dealt with by the Scottish Legal Aid Board, but I can tell the member that the Government is concerned about the matter. In a world of finite resources, and in which there is pressure on legal aid, we wish legal aid to go to those who have suffered great injustice, as opposed to those who have perpetrated injustice. I will discuss those matters with the chief executive of the Scottish Legal Aid Board.