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Chamber and committees

Meeting of the Parliament

Meeting date: Thursday, March 7, 2013


Contents


General Question Time


Housing Benefit Changes (Homeless People)



1. To ask the Scottish Government what the impact of the housing benefit changes in April 2013 will be on the number of homeless people in Scotland. (S4O-01882)

The Minister for Housing and Welfare (Margaret Burgess)

We cannot be certain what the United Kingdom Government cuts to welfare will mean in terms of homelessness. The extent to which people are likely to become homeless will depend on tenant and landlord behaviours. That is why we are doing all that we can to help landlords and tenants respond in a way that minimises impacts on homelessness. We have been working closely with the Convention of Scottish Local Authorities and others since the UK Government first announced its reforms in August 2010 to protect tenants and help landlords prepare. However, should it come to it, we have one of the best homelessness safety nets in Europe, of which we are justly proud. All households that are deemed to be unintentionally homeless are entitled to settled accommodation.

Margaret McDougall

Has the Scottish Government considered utilising its powers to amend section 16 of the Housing (Scotland) Act 2001 to allow rent arrears accrued as a result of the bedroom tax to be treated as ordinary debt in law instead of as contributing to rent arrears? That would help prevent increased numbers of eviction proceedings and prevent people from being evicted because of bedroom tax arrears. That option has been proposed by Govan Law Centre and is supported by Shelter Scotland, Money Advice Scotland and Oxfam. If the Scottish Government is not supportive of that option or is unwilling to introduce the amendment, what are its plans using its current powers to limit the damage that will be done to 100,000 Scots who will be directly—

I think that we have got the question, Ms McDougall.

—worse off and 40,000 who are likely to face rent arrears?

Margaret Burgess

The Scottish Government does not want to see people running up debt from rent arrears, but the member’s question is based on the presumption that there will be mass evictions because of rent arrears, which is simply not the case. I speak to landlords throughout Scotland and I know that they look at evictions and rent arrears on an individual basis, which is how it should be. It is about the individual and their circumstances, and whether it is appropriate to take the ultimate action of eviction, which will not happen often.

We cannot look at rent arrears arising from the bedroom tax separately from rent arrears arising from any other part of welfare reform. We have to look at the issue of rent arrears in total and consider what is happening to individuals and their full circumstances. We do not want to see people building up ordinary debt and then being pursued for it and having their bank accounts arrested or, ultimately, being bankrupted. That is why we have put £5.4 million into advice services to assist people who are struggling in the current circumstances.

We also continue to lobby the Westminster Government, because we should not forget that the welfare reforms are UK legislation that we have constantly asked the UK Government to scrap. We have highlighted to it the points that have been raised about that legislation. I was in London yesterday, as was the Deputy First Minister, and we made some very strong points on behalf of the people of Scotland to the UK Government, which is well aware of the feeling here on the issue.

I do not want people suggesting that there will be mass evictions because of rent arrears—that is simply not the case. Everybody who is struggling to pay their rent will be looked at sympathetically. Through the pre-action requirements that we set last year, we will ensure that people will get every support if they are struggling to pay their rent.

This is an important subject, so I am prepared to take supplementaries, but I would be very grateful for brief questions from members and brief answers from the minister.

Kenneth Gibson (Cunninghame North) (SNP)

On 17 September last year, Ms McDougall issued a press release calling on the Scottish Government to show some sense of urgency by putting in place new housing stock so that people would not be hit by the bedroom tax. Does the minister agree that it is ludicrous to suggest that 100,000 or so homes could magically be put in place in a few short months and that Labour is simply using the bedroom tax to attack this Government, rather than finding realistic solutions or criticising the UK Government that introduced this unwanted measure?

Margaret Burgess

I absolutely agree. The suggestion was ludicrous. Nobody could put houses up in the timescale that was suggested by Margaret McDougall.

However, there is a serious point to be made. The Labour Party is accepting the UK legislation and allowing it to impact on the policies that we decide are right for Scotland. For example, we have a policy of two-bedroom houses—a house for all. Yesterday, I asked Lord Freud to treat that as the minimum requirement in Scotland. Housing is a devolved responsibility and the UK legislation is impacting on it negatively.

What capacity exists in the Scottish Government’s policy to ensure that we work in conjunction with benefit changes to ensure that Scotland’s underutilised housing capacity is matched with the demand for social housing?

Margaret Burgess

That is nonsense. The changes to housing benefit mean that we are suffering because of a problem in London and the south of England. That is highlighted by the fact that the Department for Work and Pensions and the Westminster Government say that a minimum of 80,000 people will be affected in Scotland, when we know that the figure is more than that—it is 105,000. In London, 80,000 people will be affected, and it is getting £56 million in discretionary housing payments. Scotland, however, is getting £10 million. It is not a problem in Scotland; it is a problem in the south of England, but we are suffering because of it.


Fairtrade Nation



2. To ask the Scottish Government what difference being named a Fairtrade nation will make to the people of Scotland. (S4O-01883)

The Minister for External Affairs and International Development (Humza Yousaf)

At the start of Fairtrade fortnight 2013, I had the great pleasure of announcing that Scotland had been declared one of the world’s first Fairtrade nations. That achievement was possible because of the hard work and commitment of grass-roots activists across the country.

Achieving Fairtrade nation status for Scotland is a significant step and highlights Scotland’s collective commitment to fair trade. It is also welcome recognition of the hard work that the people of Scotland have done in coming together to meet the tough criteria. I congratulate the people, businesses, MSPs, community organisations and others who have helped to achieve that accolade. This year’s theme for Fairtrade fortnight was to go another step in support of fair trade. Scotland’s achievement of this milestone is just such a step.

All of that demonstrates our continuing commitment to ensuring that we pay producers in the developing world a fair price for their goods.

Clare Adamson

I recently visited St Elizabeth’s school in Hamilton on a committee visit with the European and External Relations Committee and found it to be a vibrant and innovative school. It was no surprise to find that, on 26 May, all the pupils were invited to bring in Fairtrade wrappers to stick on to the school astronaut. Far from taking an additional step, they intended to launch into infinity and beyond. Does the cabinet secretary agree that that is one of the many exciting and diverse examples of Fairtrade celebration in 2013?

Humza Yousaf

I do. At the risk of a bad pun, I think that it is out of this world. [Interruption.] I said that it might be a bad pun.

Schools have been pivotal in pushing forward fair trade and helping us to achieve Fairtrade nation status. One of the criteria that we have to meet is for 60 per cent of higher education institutions to have a group that is working towards Fairtrade status. We have exceeded that, with 74 per cent doing that.

I am delighted to hear about what is happening at St Elizabeth’s. I think that our children and young people will help us to push forward to the next stage in what we can do to become a shining example for other countries.

Question 3, in the name of Margaret McCulloch, has been withdrawn. The member has provided an explanation.


Justice of the Peace Courts (Motherwell, Cumbernauld and Coatbridge)



4. To ask the Scottish Government what impact closing Motherwell, Cumbernauld and Coatbridge justice of the peace courts could have on access to justice. (S4O-01885)

The Cabinet Secretary for Justice (Kenny MacAskill)

The Scottish Court Service’s consultation paper sets out the principles on which access to justice shapes the proposals that are contained in the document. That is provided in appendix A and was set out by the judiciary. The Scottish Court Service is considering its consultation and will take account of those principles in shaping its final recommendations, including any proposals relating to Motherwell, Cumbernauld and Coatbridge justice of the peace courts. Ministers will do likewise in considering the proposals.

Margaret Mitchell

Is the cabinet secretary aware of the concerns that have been expressed regarding the Scottish Government’s recent proposal to increase the civil cases threshold to £150,000, which, combined with the proposed closures of Cumbernauld, Coatbridge and Motherwell JP courts, would impact adversely on already overstretched courts in Lanarkshire, as they inevitably become even busier and struggle to cope with cases? Has any assessment been made of the pressure on the sheriff courts estate and quick and efficient access to justice in those courts following the Criminal Procedure (Amendment) (Scotland) Act 2004, which implemented the Bonomy proposals and moved cases that were previously heard in the High Court to sheriff courts?

Kenny MacAskill

Yes. Clearly, the workload of the sheriff courts, if matters are to be transferred from any JP courts, is taken into account by the Scottish Court Service. We require to await its proposals and, when we have them, I will doubtless be able and willing to discuss matters directly with Margaret Mitchell. On her point about the proposals to be encapsulated in the Government’s proposed courts reform bill, they are also matters that could theoretically put pressure on sheriff courts but, again, they are taken into account.

I assure the member that the points that she raises regarding pressures on courts are legitimate and it is appropriate that she raises them, but I also assure her that they are taken into account by both the Scottish Court Service and the Scottish Government with regard to the status of JP and sheriff courts, and indeed aspects related to the privative limit.

Elaine Smith (Coatbridge and Chryston) (Lab)

If the closure of Coatbridge JP court goes ahead in an area of low car ownership, reducing bus services and unemployment, does the cabinet secretary have any comment on how my constituents will be able to meet the extra costs that will be incurred in gaining access to justice?

Kenny MacAskill

Again, these matters are taken into account by the Scottish Court Service. As part of its consultation review, it has been considering how access to alternative courts can be enabled, be it by bus, rail or other transport, and what the costs would be. Again, I can only say that the Court Service is looking at the matter. It is a factor that will be taken into account, and I have no doubt that both the Court Service and I will be happy to engage with the member.


Miners’ Strike (Arrests)



5. To ask the Scottish Government whether it will carry out a review of arrests made during the 1984-85 miners’ strike. (S4O-01886)

The Cabinet Secretary for Justice (Kenny MacAskill)

The miners’ strike, which took place nearly 30 years ago, was a traumatic experience for the communities that were involved. Members will appreciate that it would not be appropriate for me or other Scottish ministers to offer a view on any individual case or set of criminal cases arising from the strike.

For issues around arrest, an established system is in place to consider and investigate complaints against the police in Scotland. Any concerns about police conduct should be directed in the first instance to the chief constable of the relevant force. The independent Police Complaints Commissioner for Scotland can also consider any case in which someone is dissatisfied with the response that they receive from the police about their complaint.

Where someone has been convicted of a crime, the independent Scottish Criminal Cases Review Commission, which was established in 1999, provides a critical part of the checks and balances in our justice system. Where the commission considers it appropriate, it can refer an individual case back to court for a further appeal if it considers that a miscarriage of justice might have occurred and it is in the interests of justice for the case to be referred back. That can include historic cases where evidence is available.

Neil Findlay

Having been involved at the time, the cabinet secretary will be well aware of the fact that many of the convictions were very questionable. I know that the cabinet secretary is tired of marching, but will he take a few more steps and rejoin the campaign for justice by initiating a review of these cases to help to put right these historic wrongs?

Kenny MacAskill

The member is right to say that I had personal involvement, as I supported and represented both individuals and miners collectively. However, it would be inappropriate for me to comment on cases in which I appeared or represented people, or indeed to comment on any cases, as would be the situation for any other minister.

The member is right to say that matters have been raised in jurisdictions other than Scotland that give considerable cause for concern, but the reason why a system was introduced in 1999 by the then Labour Government with regard to criminal case convictions was to avoid politicisation by ministers of whatever colour of those who are involved in policing and those who are in charge of the courts.

I refer the member to the opportunity to approach the Police Complaints Commissioner for Scotland and the Scottish Criminal Cases Review Commission, which was set up by a Labour Government in 1999. That is the appropriate approach to avoid ministerial involvement in matters that have to be fundamentally separated from the Executive.


Structural Funds



6. To ask the Scottish Government how many recent meetings it has had with the United Kingdom Government on the future structural funds programme. (S4O-01887)

The Deputy First Minister and Cabinet Secretary for Infrastructure, Investment and Cities (Nicola Sturgeon)

In the past three months, Scottish Government ministers and officials have had five meetings face to face or by teleconference with the UK Government regarding structural funds. I have personally spoken to Michael Fallon, who is the responsible UK minister, regarding the funding allocations and the need to ensure a fair settlement of structural funds across the UK. That issue was also raised at the recent joint ministerial committee on Europe and has been discussed regularly by officials. Since the autumn, a programme board of senior officials from the UK Government and the devolved Administrations has been meeting to prepare for the next round of structural funds.

David Stewart

Does the cabinet secretary share my view that the new category of structural funds transition status for the Highlands and Islands is good news for both the region and the rest of Scotland, as it opens up new opportunities to invest in training, skills and infrastructure?

Nicola Sturgeon

Yes, I think that transition status is good news, and David Stewart is right to point that out. He and other members will be aware of the Government’s concerns about the possible allocation of structural funds across the UK. For some time, we have been anticipating a reduction in structural funds, not least because of the overall reduction in the European Union budget, but we want to see a fair allocation for Scotland and we are working very hard to achieve that. I will keep Parliament fully updated on the matter.

Liam McArthur (Orkney Islands) (LD)

The cabinet secretary will recall that, when the issue was last raised in Parliament last month, I raised the concern that the allocation methodology could leave Orkney and Shetland excluded significantly, if not entirely, from structural funds. Can she update me on what correspondence or discussions she has had with Orkney Islands Council and Shetland Islands Council and the extent to which those concerns have been relayed to the UK Government?

Nicola Sturgeon

As I said to Liam McArthur when he last raised the concern, which he is absolutely right to raise, that is one of the issues that are very much in our minds as we get towards final decisions on the allocation of structural funds. I am happy to write to him in more detail about the extent of those discussions, and I will be happy to meet him and council representatives to discuss the matter further. It is important that we ensure not only that the Highlands and Islands benefit from structural funds, as David Stewart said, but that the allocation of funds within the Highlands and Islands recognises the particular challenges of many areas.


Commission on Women Offenders



7. To ask the Scottish Government what action it has taken to address the issues identified by the report of the commission on women offenders. (S4O-01888)

The Cabinet Secretary for Justice (Kenny MacAskill)

The commission made 37 far-reaching recommendations, and we have made significant progress across a number of areas. HMP Cornton Vale will be replaced by new national facilities at HMP Edinburgh and HMP Inverclyde. Until those are ready, conditions at Cornton Vale will continue to be improved. A consultation is under way to consider the most effective structures for community justice services. We have created a £10 million reducing reoffending change fund to provide mentors for offenders, to help them to turn their lives around and live a life free from crime.

Anne McTaggart

The report cited the failure of the Scottish Government’s mental health strategy to place sufficient emphasis on women in prison. Given that more than 80 per cent of female prisoners in Cornton Vale have a recognised serious mental health problem, does the cabinet secretary recognise the importance of that issue?

Kenny MacAskill

Absolutely. It is on that basis that I have had meetings with representatives of the health department. To be fair, many of those with significant mental health problems have problems that are difficult and awkward to diagnose—they tend to be borderline personality disorder or other such matters—and, equally, can be difficult to provide treatment for. That said, they have mental health issues that require to be addressed. That is why we are working with mental health agencies and colleagues in the health department. That is also why, under this Administration, the Scottish Prison Service has ensured that the national health service has taken over the provision of health treatment within prisons so that we can get a continuous link for those who need to be dealt with in prison and thereafter need to be reintegrated into our communities. The member raises an important and valid point that the Scottish Prison Service and I—and, indeed, the Cabinet Secretary for Health and Wellbeing—are clearly aware of.

Alison McInnes (North East Scotland) (LD)

Will the cabinet secretary explain what progress has been made towards maximising the availability of supported accommodation for vulnerable women leaving prison? In particular, can he detail what discussions he has had with the Convention of Scottish Local Authorities on that recommendation?

Kenny MacAskill

I had a meeting with COSLA yesterday, although that meeting was, to be fair, only tangential to the Angiolini report as it related more to the structure of criminal justice authorities. What I can say is that the Angiolini commission viewed the 218 centre as a template. We are conscious that it would be difficult to replicate that everywhere, but we recognise the significant benefits of ensuring that we have centres where health, criminal justice and education—and all other agencies that are required to play their part—can work together. I can happily give the member a further briefing, but matters are under way to ensure that we replicate the outstanding practice from the outstanding 218 centre.