Rural Affairs and the Environment
The first item of business this afternoon is portfolio questions. I would prefer, in order to get in as many members as possible, succinct questions, with answers to match, please.
Environmental Legislation and Guidelines
To ask the Scottish Government what steps it will take to ensure that environmental legislation and guidelines do not have a disproportionately negative impact on the species Homo sapiens. (S4O-02957)
The principal purpose of our environmental regulations and supporting guidance is protection of the environment, given its importance to supporting the quality of life and wellbeing of current and future generations. As such, the impact of regulations on individuals and communities is an important driver of many of the regulations, and is an essential criterion that is considered in both the development of policy and its implementation.
Independence will give Scotland the opportunity to strengthen commitments on environmental protection even further by enshrining the principle in the proposed written constitution, which will further underscore the importance of safeguarding our natural heritage for future generations.
Bonawe common grazing committee provided response number 411 to Scottish Natural Heritage’s consultation on core areas of wild land. It states:
“These days crofters view with great suspicion anything emanating from SNH, however innocent it may seem at first glance. This is especially true for something that could be used in future to impose a further layer of bureaucracy and restriction to land use. Further designations will erode the influence and local control which is essential if crofting communities are to thrive in the future.”
The people of the Highlands and Islands appreciate their precious environment, and they appreciate jobs and houses. What specific steps can the minister take to ensure that the need for jobs and housing is not subsumed by what may be seen as externally imposed restrictions on land use?
The first thing to say—while not showing any disrespect to those who wrote the comments that Mr Finnie read out—is that we are not proposing a designation of wild land. In fact, in so far as wild land is a factor in the national planning framework 3 and Scottish planning policy, it is really in relation to wind-farm development. We are mindful of the need to ensure that there exists the ability to develop local economies in regions such as the Highlands and Islands. We do not want to be prescriptive against developments, and there is a need for sustainable development principles to be applied in those areas.
I would be happy to write to John Finnie about what else we are doing. We think that we have strong support in place for the principles of sustainable economic growth with due regard to the environment. That is emphasised in the Regulatory Reform (Scotland) Act 2014. It is the approach that we take in respect of many sectors of the economy.
Scottish Dairy Review (Recommendations)
To ask the Scottish Government what progress it has made on implementing the recommendations of the Scottish dairy review: “Ambition 2025”. (S4O-02958)
The recommendations in the Scottish dairy review: “Ambition 2025” aim to transform our dairy sector. I have already implemented two of the recommendations. First, I am delighted that Paul Grant, who is the driving force behind the internationally successful jam and marmalade manufacturer Mackay’s, has agreed to chair the Scottish dairy growth board, which will oversee “Ambition 2025”. I have also provided start-up funding for the dairy hub, which will act as a one-stop shop for information, advice and training for Scottish dairy farmers.
I welcome that response.
Given that several supermarkets are selling four pints of fresh milk for £1 as a loss leader, will the cabinet secretary reassure members that the price that farmers receive will not be affected? What is he doing to focus on non-liquid dairy products? Finally, what will he do to help to promote the nutritional and health benefits of milk?
There were three questions there, cabinet secretary.
On the first question, how much to charge consumers for milk is a matter for the retailers. However, I think that all members agree that any reduction in cost should not simply be passed on to the primary producer. As long as the primary producers see a fair return for their milk, it is for supermarkets to use their commercial criteria to determine what to charge consumers.
I am thankful that the price of milk has become increasingly steady over the past year or so and I hope that that continues to deliver good news for primary producers. The dairy review will, I hope, add value to the primary product in the years ahead.
Secondly, on non-liquid milk products, the dairy review focused very much on adding value to the primary product, which is why there is a heavy emphasis on exploiting export opportunities. In the context of the increasing middle class around the world, we can add value to our product and sell it to overseas markets. We have neglected to do that in past decades in the dairy sector.
Thirdly, on the nutritional benefits of milk, I put on record the fact that milk is very nutritious, and we will always look for opportunities to highlight that to the consumer. I am sure that members will wish to encourage people to support our dairy sector by consuming dairy products, including healthy raw milk, in a moderate way.
Question 3, in the name of Dennis Robertson, has been withdrawn, for understandable reasons.
National Marine Plan
To ask the Scottish Government what the implications for the marine environment and marine industries are of the delay to the national marine plan. (S4O-02960)
As members may be aware, we received thousands of responses to the consultations on the national marine plan, marine protected areas and marine renewables. That illustrates the importance of all the issues involved. We are now in the process of considering all the responses and the important issues that have been raised at the consultation events around Scotland.
We are aiming to develop a national marine plan that will best achieve the balance of protecting and enhancing our marine environment while growing our existing and emerging marine industries. What matters is getting the outcomes right for Scotland’s seas. We have always said that the timetable should reflect the need for proper consultation and engagement.
I thank the cabinet secretary for that response—in particular regarding the balance between the industries and the marine environment. As I understand it, a range of stakeholders have expressed concern about the shortage in the draft plan of clear policy and guidance to resolve conflict between the many users of the sea. What mechanisms will the Scottish Government use to address conflicts between the marine sectors, and to ensure sustainable development?
As Claudia Beamish rightly highlights, one of the crucial issues in the consultation is how we will strike the balance between competing sectors, and resolve potential conflicts. That is why we have to take a bit more time to listen carefully to the representations that we have received through the consultation, as referred to by Claudia Beamish.
We have always said that the timescale for publishing the marine plan in the summer would be subject to change, depending on the consultation. As was indicated in Claudia Beamish’s question, there have been lots of representations. We have to get the plan right, because conflict resolution will be at the heart of the way forward in relation to all the competing industries. We must listen carefully to people’s views.
Does the cabinet secretary agree that a comprehensive approach to the fish farming sector must be adopted in order to ensure that the industry is well equipped for the future while also ensuring strict environmental protection and protection for wild migratory sea trout and salmon? Does he believe that that will be achieved under the national marine plan?
Under the ministerial working group, there are various streams of activity and working groups below the main one. They are examining individual issues that aquaculture faces for the future. We want to take a comprehensive approach to making the most of the global opportunities for farmed salmon and other aquaculture products.
The purpose of the marine plan is to plan properly for Scotland’s seas, just as we do on land. Aquaculture plays a central role in that. There will potentially be competition for space in some parts of Scotland, which is why we have both to get the decision-making framework right, and to develop a way to resolve potential conflicts.
We very much have the interests of aquaculture at heart as we move forward with the national marine plan.
Independence (Forestry)
To ask the Scottish Government what benefits independence could bring to the forestry industry. (S4O-02961)
Joan McAlpine will know that this Scottish Government has always sought to put the best interests of the forestry industry at the very forefront of our decisions. It is committed to planting a further 100,000 hectares of new woodland over the period from 2012 to 2022. Our commitment is demonstrated by the fact that woodland expansion in Scotland in 2011-12 was nearly three times as much as it was in the rest of the United Kingdom.
As is highlighted in the white paper, with independence the Scottish Government will, in the next common agricultural policy negotiation, seek to correct the failings of the UK Government and to negotiate an uplift in pillar 2 funding for the Scotland rural development programme, thereby moving from our current position, in which the UK has negotiated Scotland to the bottom of the European Union league table for such funding. If we had a similar pillar 2 budget to Ireland, for example, we would have a budget that was more than four times the size of our current allocation, which would open up the possibility of increasing support for each area that is funded under the SRDP, including forestry.
Over the past decade, the forestry industry has become more centralised. The minister is aware of the Scottish Woodlot Association in our region, South Scotland, which believes that decentralised local tenure brings resilience to the industry, encourages more young people to get involved and connects the industry to local people. Will the minister outline how we could encourage more initiatives such as woodlots and bring about a more decentralised forestry industry?
I accept that, to a degree, the forestry industry has become more centralised over the past decade. In my closing address during the parliamentary debate on woodlots in October last year, I welcomed the pioneering initiative that the Scottish Woodlot Association has created, which aims to create a greater connection between people and Scotland’s land and forests. Key elements of that are encouragement of wider forms of management and ownership, and ensuring that a range of opportunities exist, such as in the national forest land scheme, which offers an opportunity to promote woodland crofts and hutting.
I hope that Joan McAlpine will be pleased to hear that the Scottish Government is providing financial support to help the woodlots initiative to establish a network of demonstration sites throughout the country. It is also working to establish a hutting pilot on the national forest estate. Given the time constraints, I would be pleased to write to the member with further details of that work.
Is not it wonderful that devolution allows the Scottish Government to deliver what the minister has just pointed out?
The main concern of people in the forestry sector to whom I speak is not independence or otherwise, but the lack of planting of the commercial timber crop that is required to keep the sector active in the future. Will the minister consider reviewing the percentage of commercial tree planting that must take place as part of any planting scheme?
I recognise the point that has been made by many stakeholders in the forestry sector about the need to promote more productive forestry planting. That is why we have indicated that in the next SRDP we will try to promote an approximately 60:40 split in favour of productive planting. That is something that we have identified and will work hard to address. The consultation on the SRDP considers the intervention rates in terms of funding for planting projects.
On Mr Fergusson’s opening remarks, pillar 2 is crucial to our aspirations in forestry. Although we may have our differences about Scotland’s constitutional future, I hope that we both agree that if we had more pillar 2 funding, we could do a lot more with forestry. We might have different views of how we might achieve that, but I believe that independence is the route to a fairer allocation for Scotland.
The Forestry Commission throughout the UK benefits from cross-border co-operation. There are fears, particularly in Silvan house in Edinburgh, that separation will impact on that work. I therefore ask the minister what representation he has had from the United Kingdom Government regarding research that was carried out by the Forestry Commission, and whether that would continue to the same extent if in September Scotland were to vote for separation?
I have huge respect for Forest Research and the work of the Forestry Commission in relation to the number of disease threats that Scotland faces. The commission is doing important work on developing its knowledge of ecosystem services as a concept, and on our national forest estate.
We have a good relationship with Forest Research. It is currently funded by the Department for Environment, Food and Rural Affairs—it is a reserved budget—but we look closely at what we would do in the future. If Scotland gains independence—as we hope it will—we will work closely across these islands to ensure that we have research collaboration. Obviously, we would have discussions with the UK Government about how we would facilitate that. The people who work in Forest Research have nothing to fear from independence.
Flooding (Rivers)
To ask the Scottish Government what actions it has taken to help protect householders living near rivers from flooding. (S4O-02962)
Flood risk management is a high priority for the Scottish Government and we work closely with the Scottish Environment Protection Agency and other resilience partners to prepare communities affected by flood risk. In the current spending review period, with the agreement of the Convention of Scottish Local Authorities, we have specifically identified £42 million a year within the capital settlement for flood protection projects that cost in excess of £2 million. In the eight years from 2007-08 to 2014-15, we will have provided £326.4 million of capital funding for flood protection, which is more than seven times as much as was paid out under the old flood prevention grant scheme in the eight years up to 2006-07.
We have invested significantly in improving Scotland’s flood warning service, including funding to enable SEPA and the Met Office to establish a Scottish flood forecasting service, which is resulting in better flood forecasting and warning information being made available to the public throughout Scotland. We are also supporting the public and others to take practical actions through our additional funding for the Scottish Flood Forum.
As I have previously brought it to his attention, the minister knows about the plight of the Hamilton family in Rosebank, a village in my constituency, who faced an unusual circumstance on 30 December, when the River Clyde burst its banks and flowed back the way, flooding their house. Can the minister suggest a course of action that can be taken, such as requesting that the Scottish Environment Protection Agency conduct a full investigation into the reasons why the Clyde flooded in that unusual manner?
I have seen the evidence that Christina McKelvie has presented to me and I commend the Hamilton family for taking all the steps that they can to protect their property. I know that there are specific circumstances in relation to the location of the house, which is in close proximity to the river. I am happy to ask SEPA officials to go on a site visit to examine that location and see whether they can give any advice to the family with regard to how they may be able to better protect their property in the future.
Air Pollution (Glasgow)
To ask the Scottish Government what action it has taken to tackle air pollution in Glasgow. (S4O-02963)
Glasgow City Council has produced an air quality action plan containing a comprehensive range of measures to improve air quality in the city. The Scottish Government is working closely with the council as it implements the measures that are contained in the plan and is providing practical and financial assistance where appropriate. In the current financial year, the council has received £165,000 of funding from the Scottish Government to support action on air quality. The council’s other partners, including Transport Scotland and the Scottish Environment Protection Agency, are also working closely with the council.
Examples of the measures that are being implemented include: a commitment to introduce and enforce low emission zones at the Commonwealth games venues this year; grant funding for the introduction of all-electric vehicles and bus quality partnerships; monitoring, local air quality management and enforcement of vehicle emissions regulations; and the provision and collation of advice and information through the Scottish air quality website, Scotland’s environment web and the Scottish transport emissions partnership.
In addition, the Scottish Government is taking forward various national measures to improve air quality, as outlined in the air quality strategy for England, Scotland, Wales and Northern Ireland. Those measures are intended to reduce air pollution in towns and cities throughout Scotland.
I thank the minister for that extremely detailed response, given that as many as 3,000 people die prematurely from air pollution in Scotland, and that the worst levels of air pollution have been recorded in Hope Street, in Glasgow. I think that the minister has clearly indicated what action the Government has taken.
I take it that there is no question. Many thanks.
Flooding
To ask the Scottish Government what discussions it has had with local authorities following the recent incidents of flooding. (S4O-02964)
When I visited Dumfries during the flooding on 30 December 2013, I met representatives of Dumfries and Galloway Council. I then hosted a local authority summit on 15 January to look at the work that is under way to produce the first-ever round of flood risk management plans. The summit was attended by 28 of Scotland’s 32 local authorities.
My officials have been in touch with a number of local authorities regarding the operation of the Bellwin scheme in relation to the recent flooding. The Cabinet Secretary for Finance, Employment and Sustainable Growth triggered the Bellwin scheme on 31 December and, as a result, Scottish Borders Council, Orkney Islands Council and South Lanarkshire Council have notified the Scottish Government of possible claims for additional revenue funding under the scheme. In addition, Dumfries and Galloway Council is seeking additional financial support outwith the Bellwin scheme, and that request is currently being considered.
I met representatives of West Dunbartonshire Council last week, and will meet representatives of Argyll and Bute Council later today, to discuss its funding needs.
The minister will be aware that, in England, two councils have temporarily suspended council tax for those families who have been badly affected by flooding, and he will know that he gave a commitment in this chamber last week that lessons will be learned from what is happening down south. Would the Scottish Government consider suspending the council tax of those families who are extremely badly affected in future?
From correspondence with another member, I believe that we have had a look at this issue. Although local authorities have responsibility for collecting council tax, there is scope for them to take a position with regard to particular local exemptions or changes in collection policy. I am happy to get details of that consideration and write to Liz Smith on the matter. As I am sure that she appreciates, the matter is partly outwith my portfolio, and I will get her a response on that basis.
Can the minister advise on the likely timescale for a decision to be made on the request from Dumfries and Galloway Council for funding for flood prevention measures?
I do not have a timescale to report to the member, but I am happy to write to her to update her on what I understand to be the situation. The discussions involve other ministers as well as me, and I will write to Elaine Murray on that basis.
Question 9, in the name of Jim Hume, has not been lodged.
Tenement Housing (Recycling)
To ask the Scottish Government how it supports local authorities with a high proportion of tenement housing to improve recycling in those areas. (S4O-02966)
Zero waste Scotland provides a range of support to local authorities and businesses to help them to improve recycling services and drive down waste. That includes working closely with councils to help them to develop and deliver innovative ways to improve the recycling services that are available to tenements and flats. To date, 14 councils have taken advantage of that support, with over £250,000 being channelled into service improvements across Scotland.
Clearly, the communal gathering of waste is difficult in tenement housing and there are particular problems in my constituency. What further help does the cabinet secretary envisage for the years to come and are there particular examples of good practice that he might single out in the policy area?
We recognise that local authorities with a lot of tenements and flats face particular problems. Zero waste Scotland has carried out a lot of work with local authorities, including workshops, to try to develop innovative ways of collecting waste from tenements and flats. Indeed, the financial help to which I referred is still available should the City of Edinburgh Council or any other local authority wish to take up the offer. Various householder surveys are taking place to help to inform guidance that will be developed and made available to local authorities.
We recognise that many specific challenges face different tenements and flats in Scotland. We are doing our very best to develop the expertise that will enable us to improve the services.
Justice and the Law Officers
Question 1, in the name of Jim Eadie, has not been lodged. An explanation has been provided.
Taxis and Private Hires (Regulation)
To ask the Scottish Government whether it plans to bring forward proposals regarding the regulation of taxis and private hires. (S4O-02968)
As we announced in the programme for Government 2013-14 in September 2013, we will shortly introduce legislation that will improve licensing in a range of areas to preserve public order and safety, reduce crime and advance public health. The planned bill will include provisions in relation to taxi and private hire car licensing.
Given the difficulties that local authorities have had in the past in defending policies of restricting the numbers of taxis and PHCs, will the Scottish Government consider introducing guidelines or regulations that would help local authorities to withstand legal challenge to such policies?
I am aware of the member’s travails on that in his previous role as a council convener.
In last year’s public consultation, we specifically asked about convening a working group to provide updated, improved guidance on overprovision studies to support local authorities in conducting those studies in a timely and cost-effective way. In light of the responses to the proposal, we will work with local authorities to develop best-practice guidance so that they can share their experience in developing such policies.
I am aware of the issue that Mr Keir raises and the difficulties that he experienced when he dealt with such licences. We have consulted on the matter and are intent on acting upon it.
Police Scotland Facilities (Fife)
To ask the Scottish Government what specialist Police Scotland facilities are based in Fife. (S4O-02969)
Police Scotland’s operational support division units for the dog section, firearms unit and divisional road policing unit are all based in Fife. Its corporate headquarters and the Scottish Police College are based at Tulliallan in Fife. A number of other specialist Police Scotland resources are based in Fife. I will provide a member with a full list.
I am pleased to hear of the range of specialist services that are based in Fife. I understand that they also include the domestic abuse and rape investigation units in Glenrothes. Although I understand that those units are working very well, will the cabinet secretary clarify what performance monitoring systems are in place for them?
Obviously, the good practice is being shared throughout Scotland. Fife had a good legacy from its legacy force, but we seek to share the benefits and address a problem that is significant in all areas of Scotland.
Key performance indicators are in place. They are monitored regularly at service and divisional level. Regular information is also reported to the local authority’s scrutiny board. In conjunction with local policing colleagues, officers in the Glenrothes rape investigation unit and specialist officers who deal with domestic abuse make an important contribution to providing a supportive and consistent approach to victims while effectively pursuing offenders.
Fife is benefiting from the establishment of a national unit in that field. The expertise is used locally but can be garnered centrally to ensure that every area of Scotland that is afflicted by such difficulties benefits from the best possible advice and support.
Police Scotland (Public Counter Services)
To ask the Scottish Government whether Police Scotland has informed the Cabinet Secretary for Justice of the number of respondents to the consultation on public counter services. (S4O-02970)
The police in Scotland operate independently of ministers, and the provision of public counter services is an operational matter for Police Scotland and the Scottish Police Authority. I advise Mark Griffin to contact Police Scotland directly to request the information that he seeks.
Police Scotland held a four-week consultation on the proposals during October 2013 and agreed to accept late submissions after the closing date so that all interested parties had an opportunity to contribute their views. Police Scotland have informed me of the changes in the provision of counter services that are taking place to ensure that officers and resources are deployed in the most effective way.
Kilsyth police station moved premises less than three years ago and its hours of operation were reduced from a 24-hours-a-day seven-day service on the basis that there would be no further reduction, as promised to the community by senior police management. Does the cabinet secretary think that it is appropriate that, less than three years on, services to the Kilsyth community are being cut again?
We have to ensure that the public get the best possible police service to which they are entitled. I was delighted to see yesterday that, yet again, the Government has met its commitment to 1,000 additional officers in our communities.
We are talking about operational matters, and the police have to balance the pressure of calls with the use of community bobbies, response calls and the need to man stations. I think that communities prefer the police to be interacting with them and responding to calls when they are needed, rather than stuck behind a counter.
Last night I attended a meeting of Meadowfield, Lady Nairne and Paisley residents association—we can see at least some parts of that housing estate from the back window of the chamber. The local police officer was there—a young Polish woman who has joined Police Scotland—and I was delighted to meet her. There was a significant turnout, and I think that the community was gratified that she was at the meeting rather than stuck behind a police counter.
Crime Figures (Offensive Weapons)
To ask the Scottish Government what the latest figures are for crimes involving the handling of offensive weapons. (S4O-02971)
Crime in Scotland is at a 39-year low; a reduction that has been supported by the 1,000 extra officers. The latest recorded crime figures show that the number of offensive weapon crimes recorded by the police in Scotland decreased by 29 per cent between 2011-12 and 2012-13 and now stands at 4,015. Such crimes have decreased by 60 per cent since the Government came into power and are at their lowest since 1986.
In Mike MacKenzie’s area of Highlands and Islands, the number of offensive weapon crimes recorded by the police decreased by 35 per cent between 2011-12 and 2012-13, and the figure now stands at 199. We recognise the importance of the issue, and our award-winning no knives, better lives programme will be extended to all local authorities from April 2014.
I thank the cabinet secretary for that answer and I welcome the reduction in such crimes. Does he agree that all parts of Scotland are benefiting from Police Scotland’s resources in being able to draw on specialist expertise in matters such as gun crime, not least the Highlands and Islands, which previously lacked such specialist services, resources and expertise?
I believe that significant benefits have been provided as a result of the move to Police Scotland. The legacy Northern Constabulary had training facilities at Daviot, and the new service is ensuring continuity. For example, the armed response units, not just down the A9 but along other corridors, can share and pool resources across the north rather than simply in the legacy area of Northern Constabulary. Gun issues are as significant in rural areas as they are in urban areas, and the benefits that the new single service provides are there for all to see.
The opening of the new police and ambulance station in Fort William also shows the benefits that reform can bring. The reform ensures that we keep local police officers in our communities but that we share and get the benefit of national resources, whether that relates to firearms or rape and domestic abuse, as Annabelle Ewing mentioned earlier, or road traffic policing, which I think will make up much of the work of the new Fort William station.
It appears that Gil Paterson is not in the chamber to ask question 6, so we will seek an apology and an explanation for why he is not here.
Rehabilitation of Offenders Act 1974
To ask the Scottish Government what plans it has to reform the Rehabilitation of Offenders Act 1974. (S4O-02973)
The Scottish Government published a discussion paper on the 1974 act on 27 August 2013. Although the initial closing date for comments was 19 November, the date was extended to the end of January 2014 to allow late submissions to be received. A series of discussion workshops was held with relevant organisations and individuals, including representatives of employers and ex-offenders. The analysis of the responses to the discussion paper and workshops is proceeding. The evidence that is gathered will inform our consideration of possible options to reform and improve the current legislation, taking account of the need to support the rehabilitation of offenders and to ensure continuing protection for the public, and in particular for vulnerable groups.
In my capacity as convener of the cross-party group in the Scottish Parliament on armed forces veterans, I have had it brought to my attention that the changes that the United Kingdom Government has announced that will reduce the period during which certain convictions need to be disclosed to potential employers could be of considerable benefit to the disproportionately high percentage of armed forces veterans who, sadly, fall foul of the law following discharge. Given that that percentage is even more disproportionate here in Scotland, will the cabinet secretary keep the issue at the forefront of his mind when considering changes to the legislation in Scotland?
Absolutely. I welcome the point that Mr Fergusson makes and the spirit in which he makes it. We recognise that England is ahead of us on the issue. Some of that is historical—it is because the changes in England commenced when we went into a purdah period for the elections in 2011. The democratic process caused disruption and delay on the issue. However, that has given us the opportunity to see what happens south of the border.
We all recognise that there has to be change. The points that Mr Fergusson makes are valid, especially for armed forces veterans, although they apply across society. However, we have to ensure that we get the balance right and that we protect others, including the young and the vulnerable. I can give an assurance that we will look seriously at what is happening south of the border. We recognise that there has to be change, but we have to ensure that that change is balanced by the appropriate protection. I am more than happy to continue the discussion, and I welcome input from Mr Fergusson and those who represent veterans organisations, because getting people into employment is fundamental for their health and welfare and for the wellbeing of society.
Unlawful Eviction
To ask the Scottish Government what its position is on the implications for the justice system of the introduction of a requirement for local authorities to investigate allegations of harassment or unlawful eviction. (S4O-02974)
Under section 22 of the Rent (Scotland) Act 1984, it is a criminal offence to unlawfully evict the residential occupier of any premises or to harass them with the intent of causing them to give up their occupation of the premises. Tenants who experience harassment or unlawful eviction can report it to the police, who have a general responsibility to investigate and detect crime. The Scottish Government has no current plans to introduce a requirement for local authorities to investigate allegations of harassment or unlawful eviction.
Figures from Citizens Advice Scotland show that it is dealing with 30 cases a week of illegal eviction or harassment by landlords in the private rented sector, which is up 20 per cent on last year’s figures. The homelessness task force made the point that only 15 people were prosecuted for unlawful evictions between 1995 and 1999 . My question suggested a possible solution that would fit with councils’ existing housing duties but, if the cabinet secretary is not supportive of it, what specific action will he take to reduce the incidence of these serious crimes?
The member raises a fair point, and such cases are on-going. When I was in private practice, I usually referred such matters to the Shelter housing aid centre. I am more than happy to engage with the member, who should perhaps also speak to my colleagues who deal specifically with housing.
We have to ensure that prosecutions are brought to the attention of the police and the Crown. I hope that CAS and the Shelter housing aid centre will make sure that such matters are reported, as they have done in the past, to their credit. We do have laws, such behaviour is unacceptable and we must protect people, whether through criminal sanctions or civil actions such as interdict and other aspects that can be brought in.
Our view, as an Administration, is that currently we have the laws, which we must ensure are properly enforced. We must ensure that those who are charged with enforcing the laws know about this offence and are aware of their obligations and duties. There was a time when police officers might not have understood that the 1984 act made it a criminal offence to harass a tenant, but those days have changed.
We need to recognise that we have the legislation in place. What can we do to raise awareness? We can inform tenants and those who advise them that such behaviour is unacceptable and ensure that those who have the authority, whether the Crown Office and Procurator Fiscal Service or the police, will act. I am more than happy to engage on this matter with Alison Johnstone and CAS, as I have no doubt my Cabinet colleague who deals with housing will be. Such behaviour is unacceptable. Let us use the legislative framework; it is there and it should be used better.
Question 9, in the name of David Torrance, has not been lodged, although an explanation has been provided.
Honorary Sheriffs (Abolition)
Apologies for my slightly late arrival for justice questions.
To ask the Scottish Government what impact the proposed abolition of honorary sheriffs will have on access to justice in rural and island areas. (S4O-02976)
I recognise the contribution that honorary sheriffs make to the justice system in rural and island areas, particularly in view of the fact that the position is unpaid. The proposed reforms to the justice system, including the creation of new summary sheriffs and increased use of technology alongside sheriffs, will reduce the need for honorary sheriffs and improve access to justice. I assure Liam McArthur that the position of honorary sheriff will be abolished only once alternative arrangements have been made.
The proposal in the Courts Reform (Scotland) Bill appears to lack thoroughness and I am told that many of those who will be most directly affected have not been properly consulted on it. In island areas such as the ones that I represent, the abolition of honorary sheriffs could create serious difficulties, for example when police require warrants to be signed. Is the intention for sheriffs to be on call 24 hours a day, seven days a week, or are scanned warrants to be admissible? If it is the latter, what will be the cost and timeframe of the delivery of the required technology?
If the minister’s concern relates to the security of tenure and independence, is that not an argument for amending the appointments system? Will she not concede that even if the change is to be phased in, the chances are that the appointment of honorary sheriffs will cease in the meantime, which will create practical difficulties in many rural parts of the country, including Orkney?
That was a long question of many parts, and I will ensure that each of them is dealt with separately. I said at the end of my initial comments that honorary sheriffs will not be abolished until we have ensured that alternatives are in place. Liam McArthur is wrong to say that consultees did not submit responses to the bill. They did, and the issue was raised in consultation responses.
Liam McArthur asked a specific question about warrants. I assure him that emergency applications will be dealt with by sheriffs or summary sheriffs and the increased use of technology. It is anticipated that in future custody courts and the issue of warrants and interim orders could be carried out by videolink and electronic authentication. We want to introduce those kinds of things to ensure that new practices are brought in. We use new technology over a wide range of professions and business and there is no reason why it cannot be introduced equally well in the court system.
I reiterate that until we are sure that there will not be difficulties the honorary sheriffs will not disappear.