Plenary, 07 Jan 2010

Meeting date: Thursday, January 7, 2010

Official Report 740KB pdf

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First Minister's Question Time

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Engagements

To ask the First Minister what engagements he has planned for the rest of the day. (S3F-2111)

Later today, I will take forward the Government's programme for Scotland. Immediately, ministers are going to another meeting of the ministerial resilience committee, which gives us all the opportunity—which was well received this morning—to thank all the workers in the gritters throughout the local authorities, and our third sector who are making heroic efforts to keep the country moving.

I join the First Minister in paying tribute to all those who are working to keep our roads clear, all those who are working to keep our care and emergency services moving, and the often unsung heroes who are doing what they can to help out their friends and neighbours.

However, the Scottish people rightly expect the Scottish Government to do its bit too, so they must have been astonished on Monday to hear a bumbling John Swinney say that, as far as he could see, there were "perfectly adequate walking conditions" in Scotland. There is no wonder that one headline read, "John Swinney rubs salt into public's wounds", and that another read, "Emergency? Not in Swinney world". Does the First Minister agree that Mr Swinney's statement was perhaps just a little bit on the complacent side?

No. I would say that Mr Swinney—in sharp contrast with some United Kingdom Government ministers, including the Secretary of State for Transport—had been working with other ministers to ensure that there was ministerial direction of the resilience committee, which was meeting every day at official level in order to ensure that Scotland had such leadership throughout the holiday period. [Interruption.]

I hear some questions as to what I am talking about. I notice from the ministerial rota that the Minister for Transport, Infrastructure and Climate Change worked on Christmas day—as, indeed, he should have done, because Scotland experienced cold conditions on Christmas day. His counterpart in the UK Government was reported as being on a skiing holiday—not in Scotland, where there would have been plenty opportunity to ski, but elsewhere. Mr Swinney worked on new year's day. We expect our ministers to do that and it is right that they should work. The reason is that, throughout Scotland, there are gritters and road workers who have not had a holiday over the festive period because they have been working round the clock.

Everyone is doing their bit—the Scottish Government, local authorities and voluntary organisations. Instead of totally missing the moment, as Johann Lamont did earlier, Iain Gray should try to rise to the occasion and get together with the all-Scotland team that is taking Scotland through the crisis.

We know that John Swinney was working on Monday; we just do not recognise the Scotland that he described when he went on national radio. I am not alone in that, nor in hearing from many elderly constituents who have been housebound for almost three weeks and do not know what to do. Walking conditions have not been "adequate" for them; they are impossible for them. Many of those people usually manage on their own, so they do not have carers coming in and do not know where to turn. Where was the hotline that they could phone? Where was the Government advice on radio? Where were the adverts on television telling them what to do?

This morning, we heard that the Government is only now putting that information on its website and talking to local radio. Is not that a little late in the day? How complacent is a Government that takes three weeks to provide advice to vulnerable people?

I am glad that Iain Gray at least gives me the opportunity, because of the nature of his question, to talk about the weather wise advice section of the Scottish Government website. I advise all MSPs, as well as everybody who is watching the First Minister's questions programme, to consult the advice site if they can, because it has valuable information, including details of the local government helpline numbers across Scotland, weather information, health advice, particular information for older people, information on the Government's excellent energy assistance package—which is particularly important at this time—and up-to-date information on travel and schools.

No doubt, when Iain Gray gets time to look at the site—when he left the chamber halfway through the question time that followed the Government's statement this morning on the severe weather, I thought that he was perhaps going to inform himself of the detail that was available—and when members get time to do so, they will see how it pulls together the efforts that are being made across the country.

I understand full well the frustration of people across Scotland about local roads and, indeed, about pavements and walking conditions. However, I know that people in Scotland understand the point that was made to me yesterday by the leader of the Convention of Scottish Local Authorities, Pat Watters, which is that, in the circumstances, all of us—Government and local authorities—have to husband our supplies of salt and grit in order to be able to cope with expected further weeks of severe weather. Believe me, nobody would want to thank the Scottish Government or local authorities if we fell into the trap that Iain Gray apparently advocates of not husbanding supplies and being unable to respond to the worst possible circumstances over the next few weeks. If that is understood by Labour leaders of COSLA and by local government across the country, why on earth is it not understood by the Opposition leader in this Parliament?

The First Minister is right. I did go earlier this morning to the Scottish Government website to see what advice was readily available for older people who might have turned to it in recent days. As far as I can see, if they looked in the past week at the news site, which is the front page of the Scottish Government website, they would have had two bits of advice: a press release telling them to get outdoors in 2010, which they are trying to do but cannot; and a press release entitled "Cold comfort for garden birds". I, too, feed the birds in my garden, but that is not my first priority at a time like this. That is the information that has been readily available over the past two or three weeks.

This morning, in response to questions in the chamber, Mr Swinney told us that the Cabinet Secretary for Health and Wellbeing had been fully "absorbed" in the emergency. Really? Why, then, was she not on the radio giving advice to the vulnerable? [Interruption.]

Order.

Yesterday, ministers finally met council leaders. Was the health secretary there to discuss services for the vulnerable, or was she not?

Strangely enough, I wondered whether Iain Gray's early departure from questions on the severe weather situation meant that he was running to the website. I anticipated that he would do that, so I brought along a printout of the web page, because I would not want any member to suffer from any possible misinformation from the Labour leader in Scotland. I have the full information from the website, which I will go through again. Incidentally, it is timed with the information on a similar United Kingdom website for the rest of the country.

The website links to every local council in Scotland, with the local emergency numbers. There is also weather information, health advice, information specifically for older people on winter fuel payments, as well as information on—of course—the Government's keep warm, keep well campaign and the energy assistance package, and on a range of measures that we have to help people in Scotland. The site goes on to provide specific and up-to-date information on travel and schools, and on the NHS 24 service, which operates its emergency lines in all circumstances.

Instead of coming along and trying to find any possible fault in the ministerial response, which has been comprehensively better and superior to anything else that has been happening in these islands, perhaps Iain Gray will finally come to the realisation that he should get on board and try to rise to the occasion in finding a constructive role for the Opposition, and stop trying to deflect attention from the chaos of the Labour Party south of the border. Interestingly, the only things that have kept the cold weather off the front page are stories about Labour's leadership crisis.

This is all taking far too long. We are running out of time. Your final question should be brief, please, Mr Gray, and the response should be equally brief. [Interruption.] Order.

We have, indeed, heard the ministerial response from Mr Swinney in recent days. On Monday, he told us that the pavements were fine. Yesterday, he told us that he is "not a player" in contracts with salt suppliers. This morning, he told us that he has no contingency funds to deal with any kind of emergency. Therefore, there is no problem, there is no contingency fund, and the matter is nothing to do with him. I have a constructive suggestion to which the First Minister can give a simple answer. Will the First Minister get a grip of the matter and within the next 24 hours get a national single hotline number set up for vulnerable people, instead of taking three weeks?

The First Minister should be brief, please.

If Iain Gray ever talked to his colleagues in local government, he would know that they specifically asked for information to be publicised about their telephone numbers. They do not want a number that would supplant the emergency and help numbers for every service at local level. That was the specific advice from Councillor Pat Watters, who represents COSLA. I do not know whether Iain Gray engages in conversations with his own political party, never mind with ministers, but I know that people in Scotland expect better of their Opposition leader, just as people expect the Scottish Government to work as it has done over the holiday period, unlike the United Kingdom Government.

I have two final things to say to Iain Gray. First, the last entry on the Scotland Office website was for 24 December.

You should be brief, please, First Minister.

Secondly, Iain Gray should take a leaf out of his predecessor's book. Earlier today, his predecessor came to the chamber when Iain Gray was already absent and made an entirely constructive suggestion about how local authorities could fill up gritting bins around the country with sand and other materials to help communities to help themselves. That is exactly what the Scottish Government and local authorities are recommending. Iain Gray should take a leaf out of his predecessor's book and come to the chamber with something constructive to say. [Interruption.]

Order.

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Secretary of State for Scotland (Meetings)

To ask the First Minister when he will next meet the Secretary of State for Scotland. (S3F-2112)

I have no plans to meet the Secretary of State for Scotland in the near future.

No one can doubt that we are facing the worst winter weather for decades. I, too, pay tribute to the outstanding work that the essential services have carried out, but I am concerned that the Scottish Government has been reactive and that it does not seem to be in control of the situation. For example, although a resilience unit was set up 17 days ago, the Scottish Government did not know about the acute situation in Fife until only four days ago. The Government also claimed that our pavements are in "adequate" condition, but the rest of us know that their condition is appalling. No one seems to know who is in charge. Mr MacAskill seems to run the resilience unit, but Mr Swinney made the statement to Parliament this morning.

At the beginning of the week, my party asked how many offenders who are on community service were being deployed to clear pavements. The Scottish Government had no idea. I know that conditions are bad, but the Scottish Government has not gripped the challenge from the outset. Which minister is in overall charge? Where is the detailed plan to deal not only with the on-going serious situation, but with its aftermath?

Specifically, I am in charge. I have been convening the Scottish Government resilience room meetings at ministerial level.

Alex Johnstone made some constructive points this morning; perhaps Annabel Goldie should consult the Official Report to see what her spokesman said. I see that he is hanging his head in shame. There is no need to be ashamed that a Conservative spokesman has made constructive suggestions, even if he should perhaps have informed his leader before she got to her feet.

David McLetchie constructively suggested that community service offenders throughout Scotland should help in this time of crisis. I will read out the numbers of people who have been employed throughout the country in doing exactly that. In North Lanarkshire, 60 have helped and 30 have helped in Aberdeen. Others have been involved in such work in Lochaber in the Highlands, 15 in East Renfrewshire, and 60 people were keen to point out that they have worked in deprived areas of Glasgow since before Christmas.

There are also plans in the Lothians to mobilise all five of the Lothian and Borders community service squads this weekend, and there is activity in south-west Scotland, Lanarkshire, Fife, and the Forth valley. That seems to me to be a substantial effort to implement a sensible suggestion—even if the councils point out that they were doing it for a wee bit of time before David McLetchie made the suggestion.

I should, of course, point out that, if the Conservative party had had its way, instead of those people working on community service orders the length and breadth of Scotland, they would be safely tucked up in prisons with three square meals a day and central heating.

Like most people in Scotland, I am totally supportive of community service in which the offenders are doing meaningful work. Heaven knows what work they could be doing that would be more meaningful than making our streets, pavements and public places safe.

Why did it take clarion calls from my party and from my colleague, David McLetchie, to produce at First Minister's question time a response that eluded the Scottish Government earlier this week and in this chamber earlier this morning? At the end of the day, the First Minister has merely narrated events in a handful of local authorities, and has failed to observe that there are more than 5,500 people with community service orders currently available to give such assistance. The First Minister may lecture me on not consulting colleagues, but he had better consult Mr MacAskill—when he can find him, because he does not seem to be in the chamber this morning.

I call on the First Minister to look at the list that he read out, to think about how much is missing from it and to get to work in giving shovels to our offenders on community service so they can get on with making our streets and pavements safe.

First, I should correct Annabel Goldie's statistics. Yes—more than 5,000 community service orders have been allocated, but not all those people are on community service orders at any one time, because some will have served their community service orders. At any one time, there are about 2,500 people on community service orders in Scotland.

Annabel Goldie is not in a position to judge the excellent statement that was made by Mr Swinney this morning because she wasnae in the chamber to hear it. She asked where Kenny MacAskill is. He is in the kingdom of Fife, visiting and seeing for himself a community service order team clearing the streets of that county.

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Cabinet (Meetings)

To ask the First Minister what issues will be discussed at the next meeting of the Cabinet. (S3F-2113)

The next meeting of Cabinet will discuss issues of importance to the people of Scotland.

I express my sympathies to the family who live on the west side of Shetland whose mother was tragically killed in a weather-related car accident yesterday.

Like other party leaders, I acknowledge the work of all those who have been working to keep Scotland moving in the winter conditions.

People who live off the main road network often live off the main gas network as well, and need supplies of bottled gas, solid fuel or fuel oil. Homes, care homes, community hospitals and schools need such supplies. The First Minister has mentioned the Government's resilience sub-committee. What assessment has the Government made of the problems of people whose supplies are at risk of not getting through? For example, how many schools will stay closed if they cannot get a fuel tanker to the door?

Tavish Scott should know that more than 80 per cent of schools are open today, which is up from 75 per cent yesterday and 60 per cent the day before. That represents a huge effort by all concerned to get those schools open. I make it clear also that local authorities such as Aberdeenshire Council and those in the south of Scotland that have decided on a school-closure programme because of the extremity of the conditions that they have been facing have made perfectly sensible decisions in the light of local factors.

The issue of off-grid supplies has been discussed in the Cabinet sub-committee on Scottish Government resilience. Contact is being established with the suppliers to determine the extent of the problem. I do not think that it is too difficult to establish where the particular issues are in Scotland at the moment, given what has happened over the past few days, but the matter is uppermost in the minds of ministers, civil servants and local government officials.

I join Tavish Scott in expressing condolences for the death of his constituent, and I extend my sympathy to her friends and family.

It should be said that during the holiday period, there has not, mercifully, been a rise in fatalities in accidents on our roads. However, there has been a substantial number of more minor incidents. Obviously, every death is a tragedy, and that should be acknowledged.

I am grateful to the First Minister for his words in relation to that particular incident.

The First Minister mentioned schools, so I will press him on that particular point. Parents can well understand that snow causes disruption, but on better days, with no wind and good forecasts, parents do not always understand why schools are closed by education authorities.

I ask the First Minister to bring together those who are responsible in local authorities in order to assess why it appears that the easy option is to close schools, often in a blanket fashion. Is it because of a legalistic worry about being sued? Is it because of transport to schools, or heating and water in school buildings? Should not we support the go-ahead teachers who get schools open and, as we have seen in recent days, use snow to support learning? We have potentially two more weeks of this weather. How can we ensure that every school takes that approach?

Tavish Scott should be aware that the blanket closures in Scotland during the past few days have been in Aberdeenshire, the Scottish Borders Council area and in East Lothian. Most of us would acknowledge—certainly in my constituency, and I am sure it is the same for people in the south of Scotland—that it would have been impossible to take any decision other than that which was taken by the local authorities concerned.

I have the exact figures for Tavish Scott. On Tuesday, 64 per cent of the schools that should have been open were open, 75 per cent were open yesterday and 81 per cent are open today. That is 1,950 schools throughout Scotland in the areas in which school terms started this week.

Over the piece, given that all the country is suffering extreme weather, that seems to represent a very substantial effort by parents, teachers and local authorities. I know that Tavish Scott would not want to give the impression that people were doing anything but making every effort to keep school attendance up. Obviously it would be ideal if the figure was nearer 100 per cent, but under the circumstances that we have been suffering in the past few days, the figure of 81 per cent indicates that people are certainly making every effort to sustain the education of school children.

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Scottish Legal System (Peter Tobin)

To ask the First Minister what lessons the Scottish legal system can learn from the Peter Tobin case. (S3F-2116)

Peter Tobin has, as members will know, been convicted of yet another despicable and vile crime, and I know that Stewart Maxwell and all members will join me in expressing our sympathy for the families of all his victims. We are determined to bring all criminals to justice, no matter how long it takes. Tobin was convicted as a result of determined and professional work over many years by police officers, forensic examiners, scientists and prosecutors. Scotland's police are working with other forces throughout these islands as part of operation anagram to examine Peter Tobin's history and movements to establish whether there are any connections to other crimes. Our officers will co-operate in other serious cases, where new evidence becomes available.

The Government is committed to giving Scotland a justice system that is fit for the 21st century. To that end, we have introduced a wide ranging Criminal Justice and Licensing (Scotland) Bill and have asked the Scottish Law Commission specifically to examine a number of issues that affect the fairness of our criminal justice system.

The First Minister will be aware that during the trial of Peter Tobin in England for the murder of Dinah McNicol, evidence was led in relation to the murder of Vicky Hamilton. However, if the Dinah McNicol trial had taken place first, evidence such as the fact that the two bodies had been buried in the same garden would not have been allowed to have been mentioned to the Scottish jury in the Vicky Hamilton case.

Although I welcome the fact that the issue has been passed to the Scottish Law Commission, can the First Minister inform me of when the SLC can be expected to report on the matter? Does he agree that the inability here to lead such vital and crucial evidence is absurd, and that had the Vicky Hamilton case been tried after the Dinah McNicol case, there was a possibility that justice could have been denied to Vicky Hamilton's family?

As Stewart Maxwell rightly says, the SLC is working on the issue. It currently anticipates that it will issue its proposals around late spring. We should take this opportunity, however, to acknowledge that we have already published important reports, on Crown appeals in July 2008 and on double jeopardy as recently as 2 December 2009. As a Government we have, as members will recall, acted on Crown appeals by including provisions in the Criminal Justice and Licensing (Scotland) Bill. Mr MacAskill has confirmed that he intends to act on double jeopardy by bringing forward provisions as soon as is practicable. I anticipate that we will make the same timeous response to the SLC proposals when they are announced around late spring.

Does the First Minister agree that, in the light of Peter Tobin's most recent trial, it is important to ensure that changes to the law on disclosure of previous convictions have the right parameters and apply in appropriate cases? Does he agree that it will be useful for the Scottish Law Commission, in its deliberations, to look at how such reforms have worked successfully in England and Wales since 2004? Can he reassure Parliament that, in the light of the forthcoming report by the Scottish Law Commission, there will be timeous action to bring to Parliament new proposals for legislation in the area?

Yes. I have already given the assurance on timeous action from the Government. We have the Scottish Law Commission for a purpose, and we have to allow it to progress its work properly. I am absolutely certain that, in preparing its proposals, it will have looked at examples in other jurisdictions. However, Richard Baker certainly has my assurance that, once the proposals have been made and properly consulted upon, the Government will act timeously.

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Climate Change Targets (Insulation)

To ask the First Minister what the Scottish Government's position is on WWF Scotland's statement that Scotland needs more insulation in homes urgently to help achieve its climate change targets. (S3F-2117)

Home insulation is one of the most cost-effective ways of improving the energy efficiency of our homes, and it will be central to meeting our emissions reduction targets and, indeed, in tackling fuel poverty. That is why the Government has introduced comprehensive support for home insulation through programmes such as the home insulation scheme, the energy assistance package and the interest-free loans that were announced in October.

The home insulation scheme will offer help to 100,000 households in its first year, including 13,000 homes in the city of Edinburgh alone. From April this year, as the member well knows, Scotland's local authorities will introduce council tax discount schemes, which will act as a further incentive for home owners to insulate their homes.

The energy assistance package, which is particularly important at this time of year, is targeted at fuel-poor households. By the end of November 2009, 9,072 households had been referred for insulation work by energy suppliers under the carbon emissions reduction target obligations.

In the spring, we will publish an energy efficiency action plan for Scotland that sets out our policies across all sectors to help to meet Scotland's ambitious climate change targets, which were recognised recently by many countries at Copenhagen.

When does the First Minister expect that all Scottish households will be able to apply for, and receive, money off the council tax, as recommended by the Energy Saving Trust, as legislated for in our Climate Change (Scotland) Act 2009, and as experienced by thousands of households throughout the rest of the country?

As Sarah Boyack well knows, it is for local authorities to introduce that measure. However, the information that we have is that, from April this year, Scotland's local authorities will introduce council tax discount schemes that will act as a further incentive for home owners to insulate their homes. That is the assurance that I have had from the Convention of Scottish Local Authorities, although I am perfectly happy to check the detail with COSLA to see whether there is any variation in terms of how many councils will introduce schemes and how early they will do so. I am sure that we can make that information available to all members.

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NHS Dental Care

I want to draw the First Minister's attention—[Interruption.] No, I do not. I want to read my question first.

To ask the First Minister what action the Scottish Government is taking to reduce waiting lists for access to national health service dental care. (S3F-2124)

I thank Jamie Stone for notification of his question. As he knows, we are investing significantly in NHS dental services in Scotland to increase access to dental care. We have the highest number of dentists working in general dental services since 2003, and spending on general dental services has increased substantially in the past two years.

We have already achieved our manifesto commitment to open a new dental school in Aberdeen: I will formally open the new state-of-the-art dental school building on 19 January. We have also introduced a preventive school-based dental service, which is being rolled out across Scotland, and we have delivered on what I think is a crucial target—that 80 per cent of three to five-year-old children should be registered with an NHS dentist by 2010-11.

The drive to reduce waiting lists in the far north is being undermined by the high number of missed appointments. An astonishing 268 hours were lost at the Lochshell dental clinic outside Wick during the first eight months of last year. At an average of 33 hours a month, that is the equivalent of losing one dentist for about 11 weeks of the year. As NHS Highland admits, that is a waste of resources and time and it prevents other patients from receiving treatment. What action is the Scottish Government taking to tackle this disturbing problem and to ensure that this frankly shocking waste of time and resources is brought to an absolute minimum?

That is an entirely legitimate question. Jamie Stone's concerns are shared, of course, by NHS Highland, which is taking steps to address the issue in two ways. One is by actively telephoning patients to remind them of their appointments. Text messaging goes along with those reminders. Secondly, it has issued press releases about the problem, and notices in every NHS dental clinic highlight the issue that has been raised by Jamie Stone about the hours that are lost due to non-attendance.

I know that, alongside the specific action that is being taken to tackle the problem, the local member will welcome the very substantial progress that is being made not only in NHS Highland, but in the rest of the country in substantially increasing access by the general population, particularly children, to NHS dentists, and that he will welcome the 13 per cent drop in the waiting lists for NHS dental registration from June to October last year.

That concludes questions—

On a point of order, Presiding Officer. I seek your guidance. My understanding is that the purpose of First Minister's question time is for the First Minister to account for the actions for which his Government is responsible. I do not remember reading in any publication that ministers are responsible for every bit of grit or salt that is secreted on to Scotland's roads and byways—

What is your point of order, Ms MacDonald?

My point of order is that, with the honourable exception of the leader of the Liberal Democrats, members spent 22 minutes asking questions that should have been asked of Pat Watters and local authority leaders—

We are very grateful for your opinion, Ms MacDonald, but it is not a point of order.

Aye, it is.

I think that mine is a point of order, Presiding Officer. In reply to Annabel Goldie's question about who is responsible for co-ordinating the Government's efforts and its response to the national emergency, the First Minister said that he is in charge. The First Minister was also present at the Cabinet Secretary for Finance and Sustainable Growth's statement this morning. My understanding is that you and Parliament expect the responsible minister to make such a statement. Will you inquire why, in this case, the responsible minister did not do so?

The question of who is put forward to make a statement is a collective responsibility of the Government. That is what happened this morning.

Meeting suspended until 14:15.

On resuming—