Plenary, 05 Jun 2008

Meeting date: Thursday, June 5, 2008

Official Report 777KB pdf

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Question Time

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SCOTTISH EXECUTIVE

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Justice and Law Officers

Question 1 was not lodged.

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Wildlife Crime (Snaring)

To ask the Scottish Executive how many people have been charged and how many have been prosecuted for using illegal snaring practices on protected species, as designated in the European Union habitats directive, in the last three years. (S3O-3650)

Statistics on persons charged by the police are not collected centrally. Our data indicate that, in the past three years, two persons have been prosecuted in Scottish courts where the main offence related to the use of illegal snaring practices: one person in 2004-05 and one in 2005-06.

We are taking action to strengthen wildlife crime enforcement. We have ensured the operations of the national wildlife crime unit in North Berwick with new funding and will discuss specific Scottish objectives with the unit. We are also providing more than £200,000 of new funding for wildlife crime enforcement projects through the partnership for action against wildlife crime.

The minister will be aware of the nation's love for wild animals, as displayed by the millions of people who will watch "Springwatch" over the next few weeks and through Scotland's national week for wildlife, which is next week. The Government's decision not to ban snaring leaves questions about how to police snaring that is allowed and to stop practices that break the rules on allowable use of snares. Will the minister explain how, in the absence of a total ban on snaring, the Government intends to ensure that unlicensed snaring is policed? Will he also say whether estates that previously had snaring licences but which no longer have them will receive particular attention from police forces, and how enforcement of legislation and prosecution of offenders can be carried out effectively?

There are two matters in Peter Peacock's questions: prevention and prosecution. On prosecution, we have set up the specialist wildlife crime unit, which we are delighted to have done. Also, there is a great deal more specialism within the Crown Office, which helps to ensure that people who are brought to book are held to account for their actions. We must work with all parties that share an interest in prevention, in particular those who are involved in estates and game hunting.

As Peter Peacock said, protection of wildlife is important to our people. We must ensure that, where snaring is used, it is used appropriately and within the law, but we must also ensure that people who have a legitimate reason for snaring are protected. Apart from a small minority, whom we must target, everyone seeks to be on the same side. The best we can do is co-operate, whether that means the Crown and the police co-operating on expertise, or the Government and bodies in the rural sector that have a shared interest in ensuring that the wildlife in Scotland is properly protected—not only for our citizens but for those who come from abroad to see it—co-operate.

The cabinet secretary might be aware of the recent abhorrent incident in the Scottish Borders in which two badgers were horribly garrotted by snares and dumped by the roadside to give the appearance of being road-kill. Given that the Minister for Environment is pursuing the licensing of snares, is the cabinet secretary in a position to say when training of additional specialist wildlife crime officers will commence? If he is not able to do so today, will he advise me shortly in writing?

I will be happy to advise Christine Grahame in writing. Money has been allocated and those matters are being addressed. We have one officer, whom we see frequently. This is not simply about policing—it is also about prosecution. I am more than happy to write to Christine Grahame to detail what action is under way, what action is due to commence and what the timelines are.

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Closed-circuit Television Systems

To ask the Scottish Executive how it measures the effectiveness of publicly funded CCTV systems. (S3O-3571)

The Scottish Government does not directly monitor the effectiveness of public-space closed-circuit television systems that are controlled by other public authorities. However, we believe that public-space CCTV systems can play an important role in the prevention, detection and prosecution of crime. To help to clarify that role, we are currently undertaking a strategic review of the use of public-space CCTV in Scotland, which will conclude later in the summer.

The minister might be aware of Home Office research that puts many questions on current CCTV deployment and its extent, and of the comments of the general manager of Glasgow Community and Safety Services, which is a major operator of CCTV. He said:

"It's very difficult to look at statistics and say whether CCTV is working or not. There are too many reports saying ‘maybe it does, maybe it doesn't'. But we are convinced it is beneficial".

That comment seems to suggest an act of faith, rather than evidence-based policy making. Does the minister agree that, although most people would agree that CCTV has a role to play, they wish to resist the trend towards all of us living our lives under permanent 24-hour surveillance? Are we not failing to define properly the boundaries and limits within which surveillance can operate and the failure test for public support?

We believe that CCTV plays an extremely useful part in detecting and prosecuting crime. The idea that we are somehow all going to be placed under 24-hour surveillance is somewhat overblown and extravagant—even if we had the money to undertake such a spurious and futile venture. The review is being undertaken, and if Patrick Harvie wishes to send in specific evidence, we will of course consider it, along with everyone else's views.

I highlight the evidence from Detective Chief Superintendent John Carnochan to the health inequalities task force. Detective Chief Superintendent Carnochan showed images of a murder in the centre of Glasgow in 1997, in which an innocent bystander was stabbed by a young man, who went on to be sentenced to seven years for culpable homicide. It was CCTV evidence, in part, that led to that conviction. I hope, therefore, that all members will continue to endorse the use of CCTV for such valuable purposes.

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Planning (Enforcement Notices)

To ask the Scottish Executive what proportion of breaches of enforcement or stop notices notified to procurators fiscal by planning authorities led to a prosecution in the most recent period for which figures are available. (S3O-3669)

In the two financial years from 2006-07, a total of 12 charges of breaches of enforcement or stop notices were reported to procurators fiscal across Scotland, and 11 of those charges resulted in a prosecution.

I welcome the fact that prosecutions are being pursued. However, I am sure that the Lord Advocate will be aware of the perception among planning authorities that such cases are given a low priority by fiscals and the courts and that they are sometimes reluctant to proceed with enforcement and stop notices, because they do not think that they will get the necessary support from the court system. Will the Lord Advocate ask her procurators fiscal to discuss the matter with planning authorities to ensure that that is not the case?

On a specific case in St Andrews, in relation to which I have been in correspondence with the Lord Advocate, the Lord Advocate said:

"should a report be submitted this was a case where criminal proceedings would be contemplated"

and Fife Council, in response to a constituent of mine, said:

"we are required by the Crown Office to obtain formal legal clearance to access the online system for lodging cases with the Procurator Fiscal. This application has been with the Crown Office since March … awaiting processing".

Will the Lord Advocate agree to look into that case to find out what the problem is with access to the electronic system?

I am not aware of concerns among local authorities on the priority that is given to such matters. There is detailed guidance for procurators fiscal about contraventions of planning law. There are good relations with local authorities across the range of reporting matters, including environmental health. Procurators fiscal will consider those issues.

There is a hierarchy of priority in prosecution. If a person is murdered—for example, the horrendous murders that have been taking place in Glasgow—or if there are cases of robbery or child abuse, or serious environmental cases, there must be a natural hierarchy in any court or prosecution system.

Nonetheless, planning is taken extremely seriously by procurators fiscal. It is an important aspect of our environmental law. In cases where enforcement notices have been served and there has been an appeal, that in itself might be an obstacle to prosecution. However, as I understand the matter, given the provisions of the Planning etc (Scotland) Act 2006—which, although passed, have not yet been implemented and are subject to consultation—there will be no provision available to allow an appeal against a decision to raise an enforcement notice. That obstacle will be removed, and new provisions will come into effect covering fixed-penalty notices, which will allow rapid enforcement, rather than there being a long wait while matters go through the system of law.

It is not the case that procurators fiscal do not consider these matters to be important—clearly, there are few such cases. As I understand it, local authorities view prosecution as the last resort, so other avenues are pursued before reports are made to procurators fiscal. If Fife Council or any other council has concerns, I am sure that the procurators fiscal of Scotland would be extremely pleased to discuss them.

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Environmental Crime Legislation

To ask the Scottish Executive what resources it will invest in the enforcement of environmental crime legislation. (S3O-3618)

The Scottish Government provides substantial resources to a range of public bodies to enable them to enforce environmental legislation, including the Scottish Environment Protection Agency, local authorities and Scottish Natural Heritage. To support the fight against wildlife crime, we are also giving new funding of over £200,000 to the partnership for action against wildlife crime, and £50,000 to the national wildlife crime unit.

I particularly welcome the new resources for tackling wildlife crime. Does the minister acknowledge that other enforcement agencies, which are not part of the police, are crucial in the identification and pursuit of cases of environmental and wildlife crime? Will he commit to having discussions with the Minister for Environment in particular to ensure that organisations such as the Scottish Society for the Prevention of Cruelty to Animals are not left out of pocket by doing the job that more mainstream criminal enforcement agencies would be expected to carry out?

I am more than happy to undertake to do that. In my answer to Peter Peacock's question, I acknowledged that we require to prevent, as well as to prosecute, wildlife crime. We require to work with all those who have an interest in ensuring that our wildlife is protected. Sarah Boyack was correct to mention the SSPCA, but other bodies are involved, too. It is a question of acknowledging that we are all on the same side. There are specific roles and tasks for statutory bodies, the police and the Crown Office and Procurator Fiscal Service. On behalf of the justice department, and, indeed, the entire Government, I am more than happy to undertake to work collectively with others—as the member would expect, given that we are dealing consensually with such matters in the chamber—to ensure that we do what is necessary to protect our wildlife and to prosecute if need be.

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Police Numbers

To ask the Scottish Executive whether it expects to have 17,265 police officers in place by March 2011, in line with the commitment made in the Scottish National Party's 2007 manifesto. (S3O-3637)

Our manifesto commitment was to recruit an additional 1,000 officers over the lifetime of this parliamentary session. That is what we said we would deliver and that is what we will deliver. We have always been clear that this is not simply about a head count but about building policing capacity in Scotland's communities through increased recruitment, improved opportunities for retention, and redeployment of officers to support operational policing. We are already seeing real progress towards that.

Record levels of recruits are due to be trained at Tulliallan this year—twice the number who were trained in the last year of the previous Administration. The Strathclyde joint police board has approved Chief Constable Steve House's plans to increase its force establishment by 800 from 7,200 to 8,000 by 2011, putting more officers on the streets of Scotland's communities.

Our summary justice reforms, which began to take effect in March this year, will bring real benefits to the police in terms of efficient use of officer time.

We are working with chief constables, police board conveners and other stakeholders to ensure that Scotland's communities have a clear understanding of the levels of policing that they have a right to expect, how that is being delivered and how their views are being taken into account.

We welcome the co-operation that is taking place with all the agencies that the cabinet secretary mentioned. Perhaps the cabinet secretary will co-operate with us today and clarify this: on 31 March 2011, will there be 17,265 police officers in place throughout communities in Scotland—yes or no?

I remind Parliament that this Government inherited the lowest level of recruitment of police officers since devolution. We also faced the highest level of retirements because of demographics. However, thankfully, this Government is delivering an additional 1,000 officers through the three Rs—recruitment, retention and redeployment—which makes our communities safer and contrasts favourably with the Labour Party's zero proposal to recruit nobody, which left us with the lowest level of recruitment since devolution. That is why Mr Martin should welcome not only the actions of this Government but the actions of his chief constable.

Despite Paul Martin's best efforts, we did not get an answer. Does the cabinet secretary accept that his policy of emptying our prisons by letting prisoners out after serving a quarter of their sentences will mean that the same police officers will have to arrest the same offenders two or three times, with the result that even 17,265 police officers might not be adequate?

I may need to adopt the position of the previous Administration by reminding members and the general public that automatic early release was brought in under legislation that was introduced by the Tory Government. As on a variety of other matters that we have inherited, on prisons we can be thankful for the Government's commitments. We are committed to building three new prisons, including what will be called HMP Grampian, as we announced yesterday, whereas not one new prison was built in 18 years of Tory rule, despite Mr Aitken's desire to see such prisons being replicated the length and breadth of the country. The fact is that the McLeish commission is on the case and is examining unconditional automatic early release. When the commission's report is published at the beginning of July, Mr Aitken should welcome it as he did when he attended the reception that was held at Bute house last night for the members of the commission.

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Drug Misuse (Dundee)

To ask the Scottish Government what steps the Cabinet Secretary for Justice is taking to tackle drug misuse in Dundee. (S3O-3596)

As set out in the new drugs strategy—"The Road to Recovery: A New Approach to Tackling Scotland's Drug Problem", which was published last week—the Scottish Government is committed to a new approach to tackling drug misuse across Scotland. Dundee will receive its share of the £94 million that is to be made available over the next three years in the justice portfolio to tackle drug misuse, alongside the resources that are contributed by local partners such as Dundee City Council. It will be for the local alcohol and drug action team to decide how those resources should be allocated according to local needs and priorities in order to achieve maximum benefit for the people of Dundee.

As has been highlighted recently by Dundee's Evening Telegraph, drug-related antisocial behaviour is a problem in Dundee and elsewhere in Scotland. My constituents are becoming increasingly concerned about incidents that range from the use of stairwells and other public places for drug taking, to threatening behaviour in town centres and streets. What measures can be taken to combat drug-related antisocial behaviour in Dundee?

I am certainly aware of the statistics that have been referred to in the local paper's campaign and in associated publicity. I also recognise that Joe FitzPatrick has taken an active role in advocating that steps must be taken to tackle the situation.

The Government stands four-square behind the police in their efforts to tackle such matters. I believe—as, I imagine, Joe FitzPatrick does—that the most effective approach is to allow decisions to be made at local level on a community basis so that they are informed by close knowledge of the problems. I do not think that he is asking for the cabinet secretary and me to direct or dictate how the police tackle such issues, although we are of course fully behind the police's efforts.

I call Nigel Don, and I remind him that the question relates to Dundee.

Thank you, Presiding Officer.

The minister will be aware that the north-east region—in which Dundee lies—has a problem with high use of crack cocaine. In the light of that problem and of the fact that the vast majority of seizures of crack cocaine are carried out by Grampian Police, what steps are being taken to tackle the rise of crack cocaine in the north-east region?

That was good enough, Mr Don.

I congratulate Nigel Don on his ingenuity in framing that question. I am able to inform him that the latest drug seizure figures—admittedly, they are for the whole of Scotland—show that the number of seizures of class A drugs is up by almost 18 per cent and stands at 6,451. That is the highest number of class A seizures on record. I am aware that Aberdeen—if I am allowed to refer to that city, Presiding Officer—has a particular problem with cocaine. We are not complacent. Drug dealers are interested not in peddling a particular type of drug but in making profits and wielding power. That is why we stand fully behind the efforts of Gordon Meldrum and the Scottish Crime and Drug Enforcement Agency and the police in continuing successfully to tackle drug dealing. I hope that all members will combine in giving their full backing to the excellent work that those agencies do.

Question 8 has been withdrawn.

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Traffic Management (Galas and Events)

To ask the Scottish Executive how it will ensure that police forces implement "Galas and Events Affecting Public Roads—Guidance to Organisers" so that local shows, highland games and other events are not burdened with excessive costs. (S3O-3578)

The implementation of "Galas and Events Affecting Public Roads—Guidance to Organisers" is a matter for the appropriate roads authority to consider, in discussion with the police and the event organisers, while using its discretion on the level of any associated costs.

The Scottish Government will launch a consultation later this month to assess the implementation of the new rules and processes for marches and parades, which were introduced by the Police, Public Order and Criminal Justice (Scotland) Act 2006.

I wrote to the cabinet secretary recently to highlight the case of the organisers of the Inverary highland games, who, thanks to the new rules, faced new costs this year of up to £1,300, for the use of a traffic management company and for a temporary traffic order. Since my intervention, I am pleased that the local police seem to have reconsidered the matter. The costs will not be incurred this year, but no guarantee on future years has been given.

Can the minister guarantee that scores of local shows and highland games will not have to pay huge new costs for services that police forces have always been willing to provide without charge?

The member is aware that the 2006 act was passed under the previous Administration, although we supported its ethos. Although in many instances it is for local authorities to decide such matters based on advice from the local police, all members of Parliament, whether they were in government or in opposition, intended that there should be an attempt to differentiate between galas and community events, which must be supported, and events that bring with them much paraphernalia and many problems.

We can give no guarantee, because many of the matters to which Jamie McGrigor referred are in the domain of local authorities and the police, who must act and charge as they see fit, as per the legislation. However, we are considering how to improve the situation. We supported the 2006 act, because matters that are of great concern to communities in Scotland must be tackled, but we must ensure that we do not damage events that are of great benefit to communities.

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Rural Affairs and the Environment

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Waste Recycling Targets

To ask the Scottish Executive how waste recycling targets will be monitored under single outcome agreements. (S3O-3628)

Monitoring of progress on single outcome agreement targets will be undertaken through submission of annual progress reports by local authorities.

It sounds as though the cabinet secretary intends to wait and see what happens and then to monitor progress, which concerns me. Given the removal of much ring fencing, does he share my concern that targets might not be met because the demands of large service departments in councils, such as education and social work, will take priority? At least some local authorities might decide to concentrate more on local objectives than on co-operative, regional objectives. Given the importance of regional co-operation in the context of recycling, how will the minister ensure that targets are met?

The Scottish Government set ambitious targets, which by definition are challenging. I have met representatives of local authorities in the member's area, who have given me a different, extremely enthusiastic message. The vast majority of councils in the area have exceeded the target that had to be met by the end of 2007 and continue to make excellent progress. I am confident that many targets will be met by authorities in North East Scotland and elsewhere.

A record level of funding was transferred to local authorities as part of the local government settlement. We have had extremely positive feedback since then on the priority that local authorities are giving to their environmental obligations.

Will the cabinet secretary clarify whether the figures that are being collected by local councils will separate out recycling and composting rates so that we can get a true picture of the rate for both, in order to decrease the amount of waste that goes to landfill?

That is certainly one aspect that we hope to take into account in the revision of the national waste plan, which will be taken forward shortly. At the moment, of course, the Scottish Environment Protection Agency publishes many such figures quarterly. I will discuss with SEPA what potential there is for publishing separate figures in the future to give to Rob Gibson and others who require that information.

Question 2 has been withdrawn.

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Recycling Rates

To ask the Scottish Executive what further support it can give to local authorities to improve recycling rates. (S3O-3587)

We already support local authorities by, for example, funding work on waste education and awareness and supporting work on developing markets for recycled products. We are considering with the Convention of Scottish Local Authorities how best to allocate much of the zero waste fund, and we have also considered with it whether a national advice service on recycling collections would be beneficial.

I am sure that the cabinet secretary is aware of the recently published figures that suggest distinct challenges in our urban areas, which perform poorly on recycling. I highlight the situation in my city, where the recycling rate in percentage terms is in the mid to high 20s. The situation is causing budgetary challenges that need to be addressed anyway.

Can the cabinet secretary give me comfort that the unique problems of tenement properties and larger businesses are recognised? What steps will he take to address the different difficulties in urban and rural areas?

The Scottish Government is very conscious of the different levels of challenge that face local authorities in different parts of the country. We do our best to take that into account.

I am pleased that Aberdeen City Council recently committed to achieving a 40 per cent recycling rate by 2011. Although I recognise that it has a long way to go to reach some of the existing targets, I welcome the ambitious 2011 target that it has set.

A national advice service would help local authorities to share best practice, given that they face different challenges. When I met Glasgow City Council a week or so ago, I learned that it faces challenges similar to those in other urban areas, particularly with tenements. There is a strong case for sharing best practice between authorities so that they can move forward and achieve their ambitious targets.

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Recycling (Private Sector)

To ask the Scottish Executive what plans it has to encourage recycling in the private sector. (S3O-3642)

The Scottish Government considers that businesses should be encouraged to take steps to reduce, re-use and recycle the waste that they produce in line with our policy of moving towards a zero waste society.

To help private sector firms, we fund the envirowise programme, which provides free advice and support on recycling and other activities to make more efficient use of resources, often resulting in lower costs to business in the process. The Scottish Government also funds the Scottish waste awareness group, which produces a business recycling directory to give advice on facilities available locally.

The minister is aware that Scottish Environment Protection Agency consulted widely with business in March 2007 and introduced the business waste framework to assist businesses with recycling initiatives. The overall aim was to reduce the amount of business waste from premises by at least 200,000 tonnes and save businesses in Scotland £7.5 million a year through waste minimisation and diversion from landfill. How is that work progressing, and are the targets that the minister outlined being met?

One commitment that we have given and which I am sure the member will welcome is to set distinct recycling targets for the business and commercial sector. If there is one lesson that I have learned during the eight or nine years since the Parliament was established, it is that that area has been neglected because much of the emphasis has been on municipal waste. We must do a lot more to encourage recycling in the business sector.

One of the difficulties is lack of information. Although a lot of recycling is going on in the business and commercial sector—which, let us remember, accounts for more than 80 per cent of all waste in Scotland—it is difficult to ascertain exact recycling levels. First, we need good information. As the member said, SEPA is making progress in that regard. Secondly, we need to set distinct targets in the future.

The waste hierarchy states clearly that, where possible, waste should be recycled rather than incinerated for energy recovery. Will the cabinet secretary take steps to ensure that incentives are given only for the incineration of waste wood, which cannot be recycled, in accordance with the waste hierarchy?

Our waste policy pays close attention to the waste hierarchy. That is why, as I said in my ministerial statement a few months ago, we set the ambitious target that 70 per cent of municipal waste will be recycled by 2025, with a maximum of 5 per cent being sent to landfill and a maximum of 25 per cent being used for energy from waste. That target gained broad support in the Parliament and it is supported by the Sustainable Development Commission, the Scottish Environment Protection Agency and many local authorities to which I have spoken in the past few months. It is vital that we pay close attention to the waste hierarchy and that only residual waste is sent to energy-from-waste plants in the years ahead.

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Drainage and Sewerage (Glasgow)

To ask the Scottish Executive how it will support the metropolitan Glasgow strategic drainage partnership. (S3O-3629)

The metropolitan Glasgow strategic drainage partnership involves a number of bodies including seven local authorities, Scottish Water, the Scottish Environment Protection Agency and Scottish Enterprise, all of which are contributing to its aims. The Scottish Government is represented on the project board with observer status and I am being kept abreast of progress as the project builds.

What steps will the minister take to ensure that the water infrastructure that is required to meet the commitments to the Commonwealth games and Clyde gateway projects is provided in line with the timescales for those projects?

As Mr Gordon is aware, it is important that that part of the plan is implemented before some other parts. I visited the strategic drainage partnership some months ago and was shown the work that requires to be done in that part of Glasgow.

The leaflet that the strategic drainage partnership published recently starts to set out what will be required in relation to its overall plan. No approach has been made to the Government yet in respect of support for that, but obviously it will have to be considered as the plans go forward. The Government recognises that Scottish Water in particular will play a significant role in achieving the strategic drainage partnership's medium and long-term objectives. We will have to consider carefully the future investment objectives for Scottish Water to ensure that it can make the appropriate contribution to meeting the challenges that lie ahead.

The project is undoubtedly a major one. The draft national planning framework identifies it as a national priority. As Mr Gordon knows from his experience, it deals with the replacement of a drainage infrastructure that is more than 100 years old and which, in some places, is worn out. The opportunities are great, and the first opportunity is to properly service the Commonwealth games site.

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Bluetongue Virus

To ask the Scottish Executive what action it is taking to minimise the risk of an outbreak of the bluetongue virus in Scotland. (S3O-3647)

The Scottish Government is working in partnership with stakeholders to minimise the risk that the disease will spread to Scotland in the near future. A key risk is the movement of animals from high-risk areas. The industry is discouraging animal keepers from sourcing stock from high-risk areas and the Scottish Government has put in place arrangements to monitor any such movements to Scotland.

Vaccination will be a valuable tool in protecting Scotland's livestock industry. The Scottish Government is in the process of securing vaccine on behalf of stakeholders at the best possible cost.

The cabinet secretary is aware that a case of bluetongue was detected in Dumfries and Galloway at the end of last year in a herd of animals that was imported from Germany. With the Scottish midge season well under way and the import of vaccinated animals into Scotland likely to increase in the next few weeks, what steps are ministers taking to ensure that all farmers are aware of their responsibility to notify the authorities of stock movements? Is the minister confident that sufficient vaccine will be available to Scottish farmers early enough should the worst happen?

I assure the member that there is constant communication on bluetongue and the protection of Scotland between the Scottish Government and all our stakeholders, and indeed directly with farmers and people with holdings in Scotland. The most important measure to protect Scotland continues to be for farmers to be careful about where they source their livestock, to remain vigilant for signs of disease, and to report any suspicions immediately. Many farmers throughout Scotland have reported suspicions in recent weeks. Thankfully, all those cases were negative, but that shows that farmers are indeed being vigilant.

A great deal of legislation has been put in place to ensure that farmers who could pose a risk to Scotland with some of their activities are held to account. From tomorrow, Friday 6 June, a new bluetongue amendment order will be in place to provide for the compulsory vaccination campaign in Scotland late in the year. It also requires animals coming into Scotland from a bluetongue-restricted zone under vaccination conditions to be accompanied by a veterinary certificate to prove that they have been vaccinated. Other requirements are also in place.

The cabinet secretary is well aware that the tendering process for purchasing bluetongue vaccine was due to be completed by the end of May. Is that process complete? If it is, which company will supply the vaccine, and will it be available in three to four weeks if required? Will the cabinet secretary also say whether pillar 2 funding will be available next year and the year after to purchase further vaccine should it be required? If pillar 2 funding is not available, how does he propose to fund vaccines in future years?

The vaccine procurement process has successfully been completed, and I will receive advice in the coming days about which vaccine best serves Scotland's needs. There has never been a commitment that the vaccine will be made available in the next three or four weeks, but I hope that it will be made available sooner rather than later.

On funding, the Scottish Government made a unique contribution of either up to £3 million or 50 per cent of the cost of the manufactured vaccine. That has been warmly welcomed by all stakeholders in Scotland, and it is of course £3 million more than has been contributed for vaccination elsewhere in the United Kingdom. That is a one-off contribution—a joint agreement was signed with all stakeholders in Scotland, and the situation is fully understood. The industry will continue to carry the costs thereafter.

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Loch Lomond (Byelaws)

To ask the Scottish Executive whether the Minister for Environment will report on the effectiveness of the byelaws applicable to Loch Lomond. (S3O-3615)

The Loch Lomond and the Trossachs National Park Authority is responsible for monitoring the Loch Lomond byelaws.

As the member knows—she is well aware of what happens in the Loch Lomond and the Trossachs national park—the revised byelaws were introduced only in May 2007, and one season is insufficient to draw firm conclusions about long-term effectiveness. The park authority has two strands to applying the byelaws: a preventive approach, which aims to raise awareness about the byelaws and the speed reduction areas, and dealing with byelaw contraventions when they occur.

I recognise that changing behaviour is a long-term goal, and the park authority needs to continue to monitor the results before we can show whether trends are desirable.

The minister may be aware of the increase in the violation of speeding laws since the new byelaws were introduced, especially in relation to jet-skis. However, it would appear that, of the almost 300 speeding violations last year, only one report was made to the procurator fiscal, and we are unclear whether that was taken to prosecution.

I agree with the minister that education can change behaviour. Does he agree with me that enforcement has a significant role to play? Will he therefore send a strong signal to irresponsible visitors to Loch Lomond by confirming the need for enforcement action on the loch?

I am happy to go along with the member and send that signal. It is important that the byelaws are observed. They exist not as decoration, but because they are required.

However, it is important to point out that enforcement is taking place vigorously. For example, operation ironworks was launched in March 2008. It is a partnership among Central Scotland Police, Strathclyde Police, Tayside Police, the national park authority and the Forestry Commission Scotland. It is a six-month operation that is aimed at tackling antisocial behaviour of all types, and it covers the Loch Lomond and the Trossachs national park. The operation aims to promote responsible behaviour in the countryside and to deter antisocial behaviour and criminal offences being committed.

During the six months of the operation, there will be 42 different initiatives targeting issues such as speeding, parking, traffic, litter offences, theft, vandalism and noise disturbance. High-visibility patrols will be carried out by officers on bikes, as well as officers from the road policing unit, the dog section and the underwater search unit. A mobile police office will be in evidence.

I am sure that members will be pleased to know that, as part of operation ironworks, a camper has just been fined for taking a chainsaw to a 30-year-old tree. Although that was not a speeding offence, the case indicates the seriousness with which we take all such matters.

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Waste (Lothian and Borders)

To ask the Scottish Executive what progress has been made since Scottish Government support for Lothian and Borders area waste team was withdrawn; how local authorities in the Lothians will meet European Union targets in respect of diversion from landfill, and whether the Scottish Government will accept full liability for any fines imposed should they not meet such targets. (S3O-3626)

I met the Edinburgh, Lothians and Borders councils on 21 May. Progress continues to be made on recycling in those councils and across Scotland. European Union targets can be met by waste prevention, recycling and composting and the appropriate use of technologies. I am reviewing the landfill allowance scheme with the Convention of Scottish Local Authorities.

The cabinet secretary has not answered the last part of my question. If any EU fines are imposed, will the Government accept its responsibility and pay the fines?

All councils, the Scottish Government and, I am sure, everyone in the chamber accept that the targets that we must achieve are challenging. The targets have been challenging for the past few years, not only for the past 12 months. I had meetings, which were much more constructive than the member's contribution, with the Edinburgh, Lothians and Borders councils. I am encouraged by the progress that they are very keen to make in the best attempt possible to meet those ambitious targets, which are good for Scotland's environment.