Official Report 1060KB pdf
Constitution, External Affairs and Culture, and Parliamentary Business
Good afternoon. The first item of business this afternoon is portfolio question time, and the first portfolio is constitution, external affairs and culture, and parliamentary business.
Far-right Political Parties (Parliamentary Relations)
To ask the Scottish Government, regarding the potential impact on parliamentary business, what its position is on whether a rise of far-right political parties in the United Kingdom would cause issues in the relationship between the Scottish and UK Parliaments and could result in the diminution of the Scottish Parliament. (S6O-05323)
A very happy new year to you, Presiding Officer.
The Scottish Government is committed to forging and maintaining good relationships with Governments and Parliaments across the United Kingdom, as well as defending and enhancing the current devolution settlement. Any attempts to undermine devolution or to damage relationships between our Parliaments should be resisted robustly.
Does the cabinet secretary agree that decisions about Scotland should be taken by the people elected here, who are accountable to the people of Scotland, and not by parties based elsewhere that have little understanding of our communities and no real stake in Scotland’s future?
The public should be very concerned about all political extremists who oppose Scottish self-government, who seek to undermine community cohesion and who want to privatise the national health service. It is important that, no matter the outcome of the Scottish Parliament elections, democracy is respected. That means defending against any attempts to undermine devolution and the powers of the Scottish Parliament.
Regional News
To ask the Scottish Government what its position is on whether regional news serves an important function in a democracy. (S6O-05324)
The Scottish Government strongly believes that regional news is essential to healthy democracy, and we value its role in providing scrutiny of local institutions, giving voice to underrepresented communities and ensuring that important civic information reaches those who need it most. That is why we support the creation of the Scottish public interest journalism working group to strengthen local journalism, and it is why we consistently stress the importance of sustaining high-quality, locally relevant news in our engagement with broadcasters, Ofcom and other stakeholders.
We remain committed to ensuring that Scotland’s media landscape is robust, sustainable and representative of all communities across Scotland.
That STV has stepped back from a wholesale axing of its separate northern Scotland news programme is to be welcomed, but the STV group’s latest accounts reveal that it made more than £80 million in profit and that, for the sixth year running, “STV News at Six” is the most watched news programme in Scotland.
In a recent survey, 83 per cent of the public opposed STV’s proposals. The unions also oppose the proposals, which would see 60 workers made redundant, some of them compulsorily. That is why the National Union of Journalists is taking industrial action at STV today.
Will the cabinet secretary join me in backing the NUJ’s strike action and in calling on the board of STV to listen to its viewers, listen to its unions, meet its public service obligation and withdraw the proposals altogether?
It would be appropriate at this stage to acknowledge that I am, by profession, a journalist and have been a long-standing member of the National Union of Journalists.
Although I recognise that STV, through engagement with Ofcom and as a result of the concerns that have been raised by stakeholders, has now reconsidered some of its proposed changes, the Scottish Government remains concerned that there would be a negative impact on news provision across Scotland if STV’s plans were to go ahead. I have met STV, Ofcom and the National Union of Journalists on the issue, and the Scottish Government will continue to champion a strong and sustainable Scottish broadcasting sector and will also continue, including through the current Ofcom consultation, to urge against any decisions that would result in further reductions in news reporting in Scotland or redundancies of Scotland-based staff.
The cabinet secretary will be aware of the network of local democracy reporters who are funded by the BBC through the licence fee and who provide a very valuable service across the country by reporting on, for example, local council meetings and activities that would otherwise not be brought to public attention.
In any engagement that the cabinet secretary has with the BBC on charter renewal, will he reinforce to the BBC the importance of the network to ensure that it continues after any charter renewal?
Murdo Fraser’s question is very timely because of the BBC charter renewal process, which he raised in his question. I give him an undertaking that, through that process, I will reflect on his point about the support for local reporting, which provides a valuable service, particularly in communities and in relation to the covering of local government democracy. I will happily give an undertaking that I will keep him apprised of that.
The Scottish Government is involved in relation to BBC charter renewal, and I will definitely bear in mind the points that Murdo Fraser has raised today.
I send my solidarity to all the STV workers who are on strike today. I hope that those on the picket line in the snow in Aberdeen have managed to keep warm.
STV’s failure to rule out compulsory redundancies has provoked today’s strike action. Its plans will reduce the broadcasting of local news. The current major weather incident in the north-east highlights the need for local information that serves local communities in ways that national coverage just cannot, and that is just one of the obvious impacts on local communities.
How will the plans affect democracy in the north-east, particularly in the age of disinformation? What more can the Government do to support quality journalism across Scotland, and not just national coverage?
We will need briefer questions.
I have already raised our support for the creation of the Scottish public interest journalism working group, which covers the general point that Maggie Chapman raises.
In relation to STV, the timely recognition of the regional impact of developments—which is clearly an issue in the north-east at the moment, given the weather situation there—underlines how important it is that we have public service journalism covering such situations.
I give Maggie Chapman an assurance that the Scottish Government continues to meet Ofcom regarding a range of broadcasting matters, including STV’s proposals for regional news provision. I wrote to Ofcom regarding that matter, and I have met the chief executive to raise the Scottish Government’s concerns. I have urged the regulator to ensure that regional representation in news coverage is safeguarded and that the public service broadcaster’s service commitments to invest in news to help to tackle misinformation, which issue Maggie Chapman also raised, are upheld.
I now make the same plea for answers, too.
Artists and Creatives (Support)
To ask the Scottish Government what assessment it has made of initiatives used by other nations to support artists and creatives. (S6O-05325)
The Scottish Government develops approaches to supporting culture based on evidence of impact, including learning from other countries. A comprehensive evidence-based review of the structures surrounding culture funding is already under way, including analysis of the recommendations from the independent Creative Scotland review and the culture fair work task force.
In addition, as an example of lessons learned, the Scottish Government recognises the value that multiyear funding delivers for artists and creatives, which is reflected by more than half of the 251 organisations that are funded through multiyear funding this financial year receiving stability for the first time.
A pilot scheme in Ireland to provide a basic income to artists and creatives has seen great success and has now been made permanent. Every €1 invested in the pilot generated €1.39 in social value. What learning can the Government take from the success of such schemes?
The Irish basic income for the arts pilot demonstrates just one approach across a range of possible approaches to supporting our creative producers. I spoke about that with my Irish culture minister colleague when he attended an event with me at the Edinburgh International Book Festival last year.
Undoubtedly, the Irish scheme has provided benefit to the 2,000 individuals who receive support, but it is not without its challenges with regard to the number of beneficiaries, the number of unsuccessful applicants and the relative sectoral impact.
A final point is that not all of the policy levers and powers that are open to the Irish Government in moving forward with that policy—specifically on tax, social welfare and addressing precarity in the workforce—are currently available to the Scottish Government. I give Evelyn Tweed a commitment that I am looking closely at the scheme and at whether there are learnings for Scotland.
Erasmus Programme
To ask the Scottish Government what discussions the constitution secretary has had with ministerial colleagues regarding the potential implications for Scotland’s relations with European Union member states of the United Kingdom rejoining the Erasmus programme. (S6O-05326)
Rejoining Erasmus+ is essential. The Scottish Government has made a consistent demand for that since Scotland was recklessly removed from the programme under the UK’s disastrous Brexit. We welcome the current UK Government’s agreement that staying in Erasmus+ was always the right choice. We will now work with partners to maximise the benefits and take-up of the scheme.
However, every step to rebuild EU relations reminds us of what was lost through Brexit and what cannot be regained under the UK Government’s current negotiations process. Therefore, Scotland’s future is in Europe as a full EU member.
I share the sentiments of the cabinet secretary’s concluding remarks. He will be aware of my particular interest in the Erasmus scheme, given the fact that my late mother, Winnie Ewing, was a key architect and proponent of it when she chaired the European Parliament’s Youth, Culture, Education, Information and Sport Committee. Rejoining the scheme is great news for young people in Scotland and across Europe. It would therefore be helpful to know what discussions the various Scottish Government offices intend to have with their EU counterparts in relevant member states to ensure that Scotland hits the ground running and maximises the potential that the Erasmus scheme offers.
I join Annabelle Ewing in paying tribute to Winnie Ewing for her role in relation to the Erasmus scheme. Scottish Government offices in Brussels and European Union member states will be using their and our extensive network of formal and informal contacts across the European Union to ensure that Scotland’s interest and engagement in the Erasmus+ programme is firmly registered. At the time of our last involvement, Scotland participated overproportionately in the Erasmus+ programme. We will also be working with our higher and further education sectors in Scotland, as well as with youth, schools and others in Scotland that are in the ambit of the programme, to encourage maximum participation.
Gavin Donoghue, the chief executive of Colleges Scotland, said in a statement that
“It’s very welcome that the Erasmus student exchange programme will be returning in 2027.”
That point was echoed today by the cabinet secretary. However, is he personally disappointed that the Scottish National Party Scottish Government could not fill the gap as it had promised to do, unlike what was done in Wales?
We looked closely at the Welsh scheme and came to the conclusion that there was no substitute for Erasmus. That is why we pushed so hard for the Erasmus+ scheme to be reintroduced. It might be of interest to Martin Whitfield and other members if I share a bit of information that I think is relevant. The United Kingdom Government has said that the UK and EU did not agree at the summit, nor as part of the deal, to home fee status for EU students. That would have been detrimental to students at Scottish universities. Students who participate in Erasmus+ placements are exempt from tuition and registration fees at their host institutions, but they may still be required to pay fees at their home institutions. It is important to understand that.
However, it should be clear to everybody that there is no substitute for the Erasmus+ scheme. That has now been acknowledged by Martin Whitfield’s colleagues in the UK Government, and we can agree on the point that Erasmus+ is the best way forward for students in Scotland and for European students who want to come to institutions here.
I advise the chamber that, if I am to get in later supplementary questions, the questions will need to be brief, as will the responses.
Creative Scotland Review
To ask the Scottish Government what steps it has taken since the publication of the independent review into Creative Scotland to implement its recommendations. (S6O-05327)
Since the publication of the review, on 25 November, I have been considering its recommendations alongside the recommendations of other related reports. Although the majority of the recommendations are for Creative Scotland to take forward, some are for other organisations, including the Scottish Government, or will require partnership work. As we continue to deliver our commitment to increase culture funding by £100 million per year, it remains vital that public sector partners do that partnership work as effectively as possible. The recommendations of the review will be key to that, and I will update the Parliament on progress in due course.
The review recommended that Creative Scotland should reassess its internal structure to ensure that its four statutory roles are effectively delivered. Does the cabinet secretary intend to carry out such reviews on a regular basis, to prevent a repeat of the issues that were identified in the review of Historic Environment Scotland’s internal structure?
In fairness—I am sure that Sarah Boyack will acknowledge this—the review into Creative Scotland reported its findings only a few weeks ago. I am sure that she will understand that we want to consider all those recommendations. I encourage her and people like her, who have a long track record and interest in culture and the arts, to be part of the process and feed in their thoughts.
We need to keep arrangements for public sector bodies under continuous review. Sarah Boyack is aware that reviews of Historic Environment Scotland are being undertaken. I look forward to any views that she might have on the specific question that has been posed today, because we are considering all options that flow from the Creative Scotland review.
The independent review found Creative Scotland to be overbureaucratic, warned of a lack of transparency surrounding decisions on the use of public funds and highlighted poor leadership. How will the cabinet secretary ensure that the implementation of the recommendations delivers the meaningful reforms that are desperately needed and required?
First, I wish Alexander Stewart a happy new year. I take the opportunity to say that I know that the interest in the culture and arts sector is a non-party-political issue, and I look to colleagues who are very committed to the sector. I know that any changes that we, as the Scottish Government, will seek to implement, or that Creative Scotland, which has received a lot of recommendations, will seek to implement, will be subject to parliamentary inquiry. The matter will go before committee, and I will be asked questions on that.
We are not yet at the stage of adopting and delivering on the recommendations, but I know that Alexander Stewart and other colleagues will look closely at how Creative Scotland and the Scottish Government deliver them. I will be happy to answer questions when we get to that stage.
The cabinet secretary has talked about the need for partnership working and has stated that he is open to suggestions. What consideration has he given to establishing an advisory board or task force to consider the recommendations and their implementation, in order to ensure maximum confidence across the sector?
I would be grateful if the member could send me any suggestions that he has. He knows that Creative Scotland already has a board and he is aware that the Scottish Government has a sponsorship team that works with Creative Scotland.
However, I appreciate and take on board the member’s point about wanting to have maximum assurance. If he has any specific suggestion on how such a mechanism might work, I will look at that with an open mind. It is in the Government’s and parliamentarians’ interests that Creative Scotland is able to deliver, including on the recommendations that were made to it. We will be working jointly and severally to ensure that that is delivered.
Grant Lodge (Regeneration)
To ask the Scottish Government, regarding its work to support the historic environment, whether it will provide an update on its involvement in the regeneration of Grant Lodge in Elgin. (S6O-05328)
The Scottish Government provides support for our historic environment through sponsorship of Historic Environment Scotland. Regarding Grant Lodge regeneration, Historic Environment Scotland has been engaged on this work, including funding and planning inquiries.
Regeneration of Grant Lodge forms a key pillar of the Moray growth deal cultural quarter project, which will receive £16.9 million of investment, of which £12.84 million is Scottish Government funding and £4.06 million is United Kingdom Government funding.
The cultural quarter full business case was endorsed by both Governments in 2024. Moray Council recently submitted a planning application in relation to Grant Lodge, marking a significant milestone in delivery of the project.
The cabinet secretary knows well the importance of Grant Lodge to the local community. At the end of last year, it was great to see Moray Council submit its final proposals. However, working with historic sites is never easy. Will the cabinet secretary give some assurances that the Scottish Government and its agencies will provide support in finding solutions should any issues arise as this very important project for the local community develops?
I would be perfectly content to give Tim Eagle that assurance. As a former member of Parliament for Moray, I was involved with the project at the earliest stages when the potential future for Grant Lodge was being discussed. He knows that I know that this is a very important project. I can give him the assurance that, should there be areas in which the Scottish Government could provide potential solutions, I would be happy to take a close look at them.
Ukraine (Humanitarian Aid)
To ask the Scottish Government, regarding its provision of funding for humanitarian aid, what representations it has made to the United Kingdom Government in relation to humanitarian issues arising in Ukraine as a result of landmines and other explosive threats. (S6O-05329)
The Scottish Government resolutely condemns Russia’s illegal war against Ukraine, as we have done since its invasion. We recognise the devastating impact that landmines have, killing and maiming thousands each year. They are indiscriminate and unpredictable, and their presence drives whole communities from their homes and land. The Scottish Government regularly discusses with the UK Government issues arising from the on-going war in Ukraine, and civil servants engage on the matter with their counterparts in the Foreign, Commonwealth and Development Office.
I thank the cabinet secretary for that response. I also thank Savannah McCrum from the University of Stirling, whose recent research has revealed the critical role that local women are playing in Ukraine in undertaking the likes of active demining efforts, front-line volunteering and providing humanitarian support in communities. The research has also revealed the role that women are playing in capacity building and community resilience, with 50 per cent of new businesses being founded by women.
When the cabinet secretary next meets his UK Government counterpart, will he raise the need to ensure support for the women of Ukraine in all their efforts? Will he consider how Scotland could partner with Ukraine to support female entrepreneurship?
I am very content to look at the suggestions that Michelle Thomson makes. In case she does not know, I point out that, as part of our support for Ukraine, the Scottish Government has provided £300,000 for the Scotland-headquartered HALO Trust, for mine clearance, risk education and the training of de-miners, with a focus on employing women to help make communities safe.
The Scottish Government will continue to advocate for support for Ukrainian women and to contribute to Ukraine’s recovery and reconstruction, including through the UK-Ukraine 100-year partnership and initiatives such as the John Smith Trust’s Ukrainian women’s leadership programme.
Occupied Palestinian Territory Humanitarian Fund
To ask the Scottish Government how its £600,000 contribution in humanitarian aid to the occupied Palestinian territory humanitarian fund will support civilians and demonstrate Scotland’s commitment to international solidarity and human rights. (S6O-05330)
At this crucial time, Scottish Government funding will support the scaling up of the humanitarian response in Gaza. The United Nations Office for the Co-ordination of Humanitarian Affairs—UNOCHA—fund helps to co-ordinate the humanitarian response by international and national organisations to those in the affected areas. The funding will support the delivery of life-saving health services, food and nutrition assistance, emergency shelter, water and sanitation, protection services, education support and cash for families. The Scottish Government takes seriously its responsibilities as a global citizen, and we continue to respond within our powers to provide assistance to those who are most in need.
What more can the Scottish Government do to support humanitarian efforts and alleviate the suffering of civilians in the occupied Palestinian territories?
The Scottish Government’s £600,000 contribution to UNOCHA formed part of a wider package of measures that the First Minister announced on 3 September 2025 in response to the crisis in Gaza. That included a further £400,000 grant to Kids Operating Room to establish the Gaza HOPES field readiness hub, which is a scale replica of a rapidly deployable field hospital. Those commitments bring the Scottish Government’s total humanitarian aid for the Gaza crisis and wider middle east to £2.3 million.
It would be more factually correct to say that the cabinet secretary cannot say exactly how the £600,000 was spent, because it went into a greater fund. Can he confirm that none of the money from the fund will pass through organisations or intermediaries over which Hamas has influence or control? Can he explain how that is verified in practice?
That is not the first time that the member has raised those questions, and other colleagues have done so, too. Those questions are part of my considerations. We want to make sure that there is assurance on the delivery of humanitarian support in Gaza and through other projects around the world. I am assured by the advice that I have received. If Mr Kerr requires additional assurance, I would be grateful if he could write to me on the subject.
I have a high degree of trust in the United Nations and I hope that he does, too. Providing humanitarian support through the United Nations and its agencies is the right thing to do. If Mr Kerr has specific concerns, he should share them with me, and I will reply in greater detail.
That concludes portfolio questions on constitution, external affairs and culture, and parliamentary business. There will be a brief pause before we move to the next portfolio, to allow members on the front benches to change over.
Justice and Home Affairs
The next portfolio is justice and home affairs. I make the usual plea for members who are looking to ask for a supplementary question to be as brief as possible, and likewise for the responses.
Legal Aid (Rural and Island Communities)
To ask the Scottish Government what work it is undertaking to ensure that rural and island communities have access to legal aid. (S6O-05331)
The Scottish Government is committed to ensuring access to legal aid in rural and island communities. Although private solicitors cannot be compelled to undertake legal aid work, we continue to invest in the system to ensure availability. Funding is available to allow solicitors to travel to rural and remote parts of the country to carry out work, which ensures that individuals do not have to rely on local provision alone when they seek publicly funded legal assistance. Through our on-going reform programme, we are considering making targeted interventions, including grant funding and capacity-building initiatives, to strengthen access to legal aid where it is needed most.
I welcome the Scottish Government’s work with the Scottish Legal Aid Board and others on those issues. Can the minister set out what more can be done to assist in attracting trainee solicitors to our islands to practise law and improve access to rural legal aid, and what the Government will be able to do in its next conversations with the SLAB and the Law Society of Scotland on those issues?
Scotland’s universities are rightly regarded as world leading in educating solicitors and legal professionals. The Scottish Government recognises the need to ensure that talent is deployed across all parts of the country, including in rural and island communities, where access to legal aid can be challenging. I am willing to consider all further measures with stakeholders—including trainees themselves—to find out what more can be done to attract trainees and newly qualified solicitors to rural Scotland and improve access to justice.
Furthermore, access to solicitors can be facilitated remotely in several ways, and funding is available to allow solicitors to travel to rural and remote parts of the country to carry out work, which means that individuals do not have to rely on local provision alone when they seek publicly funded legal assistance.
In 2024, United Nations human rights monitors warned that low fees and poor retention were hollowing out Scotland’s legal aid system. Faced with that warning, the Government promised a legal aid reform bill and promptly abandoned it. Rather than addressing the fees issue, the minister has fallen back on the traineeships that start next year, even though there are only 20. Can the minister provide the data that shows that 20 new nationwide traineeships will arrest the workforce collapse in Scotland’s legal aid representation, particularly in rural and island communities?
Negotiations are on-going with the legal profession regarding an uplift. Two offers have been rejected. I hope that we will be able to come to a conclusion shortly, but the budget is due next week. There are 40 traineeships, but we are looking at 20 initially, and we are also looking at progressing other initiatives that are not yet in the public domain but being negotiated with the Law Society. I will keep the Parliament updated.
Scottish Prison Service (Crown Immunity)
To ask the Scottish Government whether it will provide an update on what discussions it has had with the United Kingdom Government in relation to Crown immunity and the Scottish Prison Service. (S6O-05332)
As Crown immunity is an entirely reserved matter, any legislative change requires action by the UK Government, which is why I have raised the issue with the UK Government several times in recent years.
Most recently, I raised the matter directly with the former Parliamentary Under-Secretary of State for Justice when we met in the summer, and I wrote to Stephen Timms, the UK minister who has responsibility for this area, in November 2025 to request further engagement. Following that, we are now making arrangements to discuss the matter in more detail, and I hope that such discussions take place in the near future.
Transparency and accountability are essential components of our justice system, so what assessment has been made of how the removal of corporate Crown immunity from the Scottish Prison Service will ensure that those values are upheld and that lessons can be learned?
Transparency, accountability and learning are essential, particularly following a death in custody. Although the Scottish Government cannot remove Crown immunity, we recognise the arguments that reform could strengthen accountability and support learning and prevention. Any reform would require UK Government action. In that context, Scottish ministers have agreed in principle to the UK Government’s Public Office (Accountability) Bill, which aims to strengthen accountability across public bodies.
In parallel, we are progressing reforms to strengthen oversight, scrutiny and learning across the prison estate, including work to establish a national oversight mechanism, so that improvements to accountability and safety do not need to wait for legislative change.
Campus Police Officers
To ask the Scottish Government what discussions the justice secretary has had with ministerial colleagues regarding any plans to deliver campus police officers across all schools. (S6O-05333)
The safety of our children, young people and staff in schools is paramount. The use of funding for campus-based officers is a matter for local authorities. Through the relationships and behaviour in schools national action plan, the Scottish Government works with local authorities and partners to support positive relationships and behaviour and to promote safe and inclusive learning environments for all children and young people.
Action is also being taken through the violence prevention framework for Scotland, which has been backed by £6 million since 2023. That supports the delivery of a range of targeted prevention and early intervention activities through work in schools, in hospitals and across communities.
The role of campus cops is incredibly important. Evidence shows that police being connected to schools leads to long-term benefits, including a reduction in antisocial behaviour and action to address the increasing levels of violence in our schools.
It is concerning that there has been a reduction of more than 1,000 police officers since the pandemic, and it is also concerning that local authorities across the country might be looking to take the decision not to fund school link officers. Does the Scottish Government want there to be a national commitment to all schools having access to school link officers? What is the Scottish Government’s position on that? Are such decisions just being left to local authorities?
I have seen for myself, in my constituency in years gone by, the impact that police officers who are attached to schools can make. The arguments are very similar to those relating to the value of having good community policing.
The importance of community policing is recognised in the Scottish Government’s strategic policing priorities. Police Scotland’s three-year business plan includes a number of measures that are aimed at enhancing community policing. As I said, the specific issue about officers attached to schools is a matter for local authorities. However, as well as increasing the police budget in this financial year, we have increased the resources available to local authorities across the country by more than £1 billion.
Every pupil and member of staff deserves to feel safe in Scotland’s schools. How is the Scottish Government working with the third sector, as well as with teachers and young people, to reduce the risk of young people engaging in violent behaviour?
All young people and staff should feel safe in our schools. Our third sector plays a crucial role in supporting schools and wider communities to tackle youth violence. In my original answer, I noted our investment in the violence prevention framework, which includes work with Medics Against Violence and with young people in schools and youth clubs on the consequences of knife carrying. The Scottish Violence Reduction Unit works with police school liaison officers on training teachers, and YouthLink Scotland delivers the national no knives, better lives programme. That is in addition to the cashback for communities initiative.
Violence, sexism and misogyny are on the rise in schools across the United Kingdom, which is why the UK Government announced plans for specialist training courses, including on issues such as consent, for teachers and pupils who are classified as high risk. Will the Scottish Government work with key stakeholders such as Police Scotland and the education sector unions to introduce a cross-campus strategy to tackle violence, sexism and misogyny in our schools, including looking at the specialist training approach that the UK Government has set out?
Through the cross-Government engagement that I have with justice colleagues, I am aware of the new strategy that the UK Government has pursued. It is important to put on record the work that already takes place in Scotland’s schools, particularly on consent. Many of our schools work with the third sector, including Rape Crisis Scotland, in relation to the equally safe strategy.
It might also be of interest to the member that Police Scotland has a new strategy in relation to violence against women and girls. Since 2023, its response to tackling violence against women and girls has been driven by the VAWG strategy, which was captured in its VAWG implementation plan. That includes quarterly reports on 86 actions that were based on a variety of commitments.
The member’s point about it being a cross-Government, cross-portfolio and cross-sector strategy is important, and I am happy to engage with her further on the matter.
Early Release (Victim Notification)
To ask the Scottish Government how many victims were notified in 2025 of the early release of an offender under any early release or temporary release scheme. (S6O-05334)
In response to the implementation of the Prisoners (Early Release) (Scotland) Act 2025 and the Early Release of Prisoners (Scotland) Regulations 2025 legislation, the Scottish Prison Service’s victim notification scheme has notified 35 registered victims of a change of release date of a person in custody. That figure represents 100 per cent of registered victims where the offender’s release date changed as a direct result of the implementation of the above legislation.
We believe that victims should know if their assailants will not be completing their full sentence and will be at large in communities. We have been told that only 2 per cent of victims were notified of their offender’s early release under the last emergency release scheme. That is, frankly, appalling.
The cabinet secretary gave the figure of 100 per cent figure in her answer, but the sum total of that figure is people who were registered with the victim notification scheme. Hardly any victims have registered with the victim notification scheme, and Victim Support Scotland has raised concerns about delays in reforming that. Can the cabinet secretary guarantee that the majority of victims, not only those who are on the VNS, will be notified in advance?
In relation to any temporary process that involves the earlier release of prisoners, a process is in operation to enable victims who have not registered with the VNS to inquire whether they could be provided with the release date of an offender in relation to their case.
Other parts of the legislation bolster that process: victims can also get help to access information via Victim Support Scotland, ASSIST, Children First and Rape Crisis Scotland.
Restricted Regimes (Prisoner Welfare)
I apologise to the Presiding Officer and to the chamber for my late arrival. Despite the fact that I have been here for 10 years with a start time of 25 past 2, I had it today as 35 past 2. I promise to do better next term.
To ask the Scottish Government whether it has made any assessment of recent prison inspection findings on the use of restricted regimes and their impact on prisoners’ welfare and safety. (S6O-05335)
The Scottish Government and the Scottish Prison Service welcome all reports by His Majesty’s Inspectorate of Prisons for Scotland and understand that they provide an opportunity to learn, improve and consolidate practices in our prisons.
Although there has not been any formal assessment of regime restriction, the Scottish Government and the SPS recognise the impact that any regime restriction can have on those in custody. That is why the SPS applies regime restrictions only when necessary, and only to support a safe and secure environment for staff and those for whom it cares. The SPS ensures that, when there is a need for regime restrictions, such restrictions do not in any way limit contact with family or friends, whether via in-person visits or in-cell telephones. In all instances, restrictions are compliant with the Prisons and Young Offenders Institutions (Scotland) Rules 2011.
In written answers to the Parliament, it is admitted that, when regime restrictions are imposed, the Scottish Prison Service does not routinely record how long they last. Keeping prisoners isolated and not knowing the impact of that hardly screams rehabilitation. Does the cabinet secretary accept that that situation represents a serious failure of basic oversight and that ministers are currently making policy in the dark on some of the most restrictive conditions in Scottish prisons?
No, I do not accept that. However, I accept that improvements can and should be made, particularly in the light of the recent HMIPS report. It has to be recognised that, when there are regime restrictions in any of our establishments, they are often put in place reactively and at very short notice rather than in a planned way. Part of the Scottish Prison Service’s job is to manage situations, to care for prisoners and to ensure the safety of staff and prisoners in our establishments. However, I will give the matter further thought in my discussions with the chief executive.
A letter that was issued by the Scottish Prison Service last July referred to the “Focused Day”, which I believe is the name for the restrictive regime that Brian Whittle referred to in his question. Its use is a serious casualty of overcrowding. The cabinet secretary said that she will give further consideration to the capturing of data. She should consider that issue, too, which is very important, given that we have obligations to the people we hold in our prisons, including to let them out and to let them have rehabilitation activities. Has the cabinet secretary discussed with the Scottish Prison Service when it plans to end that regime, so that we can fulfil those obligations?
It is important not to confuse or conflate regime restrictions. Regimes can be restricted in accordance with prison rules for a number of reasons. That is a different matter from the focused day approach, which has been discussed with establishments and the Prison Officers Association. The focused day issue has moved on. It has been agreed that each establishment must now consider adjustments to regimes and rosters at a local level in a way that is aligned with local needs. If Pauline McNeill wishes any further information, I would be happy to engage with her.
Family Support Services in Prisons
To ask the Scottish Government what plans it has to improve family support services within the prison estate. (S6O-05336)
The Scottish Government and the Scottish Prison Service recognise the deep and positive impact that a strong family connection and support network can have on emotional wellbeing. The 2024 SPS family and parenting strategy promotes a healthy family relationship while recognising the complex and diverse nature of the family dynamic. Built on principles such as respect, dignity and inclusion, the strategy aligns with and complements other key SPS strategies and policies, such as the corporate parenting plan, the mother and baby policy and the vision for young people in custody. That is in addition to the family contact officers who work to support family contact in establishments.
The cabinet secretary will be aware that HMP Dumfries is the latest prison estate facility to benefit from the funding that Early Years Scotland has received from the Scottish Government in order to bring its groundbreaking family support service to the south. Given the huge importance of maintaining family contact, improving rehabilitation rates and reducing reoffending, does the cabinet secretary agree that such initiatives more than pay for themselves in stopping what can sometimes, unfortunately, be a revolving door of incarceration?
Family and strong societal relationships are a known factor in enabling a successful return from custody to families and communities. Prison visitor centres provide vital support to families affected by imprisonment, and I have been pleased to hear about the positive impact that Early Years Scotland has been making at HMP Dumfries.
We remain committed to providing funding for visitor centres to provide a range of practical and emotional help for families affected by imprisonment. The cross-portfolio approach taken to funding prison visitor centres reflects the impacts across health, justice and family wellbeing and supports our vision for justice.
Evidence to the Criminal Justice Committee shows that drug misuse in prisons disrupts family visits and support services. The serious organised crime task force has noted concerns from the Council of Europe’s anti-torture committee—the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment—about the impact of drugs on staff and inmates in Scotland’s prisons. Many families do not believe that the situation is improving.
A question, please.
With that in mind, will the cabinet secretary consider publishing those findings in full?
You will have to forgive me, Presiding Officer: Ms Dowey is so softly spoken that I did not grasp all of the question. The point that she makes about the impact of drugs on families, communities and prisons should not be considered in isolation. I will look at the information that she has requested. We have certainly been engaging with the organisation, and we gave a full response to the independent inquiry.
Not Proven Verdict (Impact of Abolition)
To ask the Scottish Government how it anticipates the abolition of the not proven verdict will improve victims’ experiences of the justice system. (S6O-05337)
As part of the landmark Victims, Witnesses, and Justice Reform (Scotland) Act 2025, the not proven verdict has been abolished for all new trials from 1 January. That has effectively taken effect from Monday this week. Not proven verdicts have caused pain and distress for many victims and their families, denying them clarity or closure and undermining their confidence in our system’s ability to deliver justice. They have also left stigma hanging over the accused.
I anticipate that the change will create fairer, more transparent decision making, with clear outcomes, as is crucial for a modern, effective and person-centred justice system that victims can trust.
The reform of our justice system has long been campaigned for by victims, families and support organisations. How will the change ensure clearer and fairer decision making while protecting the rights of the accused?
I am very grateful to the victims, families and support organisations who have campaigned tirelessly for this historic change and who have expressed relief that others will not have to experience the pain and anguish caused by the not proven verdict.
Not proven is widely misunderstood and has no statutory definition. The verdict risks undermining public confidence, whereas the two opposing verdicts of guilty and not guilty are unambiguous and clear. However, the evidence tells us that we cannot abolish the not proven verdict in isolation without affecting the existing balance of fairness within the system. We have therefore moved from requiring a simple majority for a conviction to requiring a two-thirds majority. I believe that that strikes the right balance.
Judicial Judgments (Use of Artificial Intelligence)
To ask the Scottish Government what its position is on the use of artificial intelligence in the composition of judicial judgments. (S6O-05338)
The Scottish Government does not consider it appropriate to comment on the judiciary’s use of artificial intelligence. That is because the judiciary is independent of the Scottish Government, in order to preserve the independence of the legal system and to protect it from political interference.
Legislation places a duty on all Government ministers, law officers and members of the Parliament to uphold judicial independence, barring them from trying to exert influence over judicial decisions.
Decisions about judicial processes, including whether to use AI in composing judgments, are solely for the judiciary to determine. As head of the judiciary, the Lord President is responsible for making and maintaining appropriate arrangements for the training and guidance of Scottish judicial office-holders.
I thank the minister for her response, but I am astonished that Scottish ministers do not regard it as a serious matter that artificial intelligence could be used to compile judgments in our courts.
The publication of the recent tribunal judgment in the case of Sandie Peggie v NHS Fife raised serious concerns, given the number of manifest errors in it and the unprecedented number of corrections that had to be made. That led to suspicions that artificial intelligence was used to produce the judgment. Should the Scottish Government not be speaking urgently to the Lord President about those matters, to ensure the maintenance of public confidence in our judicial system?
As, I am sure, the member is aware, the Judiciary and Courts (Scotland) Act 2008 guaranteed judicial independence and established the Lord President as the head of the Scottish judiciary, responsible for the efficient disposal of business in the Scottish courts.
Although the Scottish Government supports the ethical and responsible use of AI in public services, it has no role in judicial decision making and cannot intervene in matters that fall within the remit of the courts and the judiciary.
That concludes portfolio questions on justice and home affairs.
On a point of order, Deputy Presiding Officer. Yesterday, in replying to questions about the independent advisers’ report, which concluded that the Cabinet Secretary for Justice and Home Affairs had breached the ministerial code on two occasions, Angela Constance was unable to answer a question that I put to her and she refused to engage with a second question at all. Following that session, I emailed the cabinet secretary at 16:52; that email was read at 16:53. The email asked for answers to the same questions that I had asked and had not received answers to in the chamber. So far, almost 24 hours later, I have received no response from the justice secretary. What requirement or expectation is there for ministers to promptly respond to questions that they were unable to answer in the chamber?
On a related point, yesterday, I outlined what seemed to be a case of party-political sources briefing newspapers on the outcome of the independent advisers’ report before it had been shared with members of the Scottish Parliament and with the Parliament. Has the First Minister or any member of the Scottish Government indicated to the Presiding Officer that a leak inquiry is now under way? If it is not, what action can the Presiding Officer or this Parliament take to ensure that a leak inquiry is undertaken?
I thank Douglas Ross for advance notice of his point of order. In relation to the first part, he will be aware that, under standing orders, there is only a requirement for the Scottish Government to respond to lodged questions that were not taken in the chamber. However, as a matter of courtesy and respect, if a minister is unable to provide information in response to a question, the expectation would be that they provide that information at the earliest opportunity.
In relation to the second part of his point of order, I am not aware of the particular briefing that he refers to; similarly, I am not aware of any leak inquiry. A leak inquiry of the type that he refers to would be a matter for the First Minister in the first instance.
With that, there will be a brief pause before we move to the next item of business, so that members on the front benches can change over.
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