Plenary,

Meeting date: Thursday, May 7, 2009

Official Report 780KB pdf

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Question Time

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SCOTTISH EXECUTIVE

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Justice and Law Officers

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“The Road to Recovery”

To ask the Scottish Executive what discussions it has had with the Scottish Prison Service regarding the incorporation of "The Road to Recovery" drug strategy into prison policy on drugs. (S3O-6775)

The Scottish Prison Service is committed, through its substance misuse policy, to meeting the aims outlined in "The Road to Recovery". As an executive agency of the Scottish Government, the Scottish Prison Service maintains close and regular contact with colleagues in the justice and health portfolios on this and other areas of policy.

I acknowledge that all prisoners need access to drug rehabilitation, but it is important that the Government recognises that some prisoners need additional support to get free from drugs and to be put into an environment from which the temptation of drugs has been completely removed. Will the Scottish Government consider creating drug-free wings in Scotlands prisons?

There is some merit in what the member says. He will be aware of the visit that I undertook with his colleague Bill Aitken to HMP Edinburgh in Saughton, where an addiction support area has been developed and introduced. In that area, treatment and support are offered to those who are motivated to change their behaviour and become drug free. They have a common aim and desire and are not in the generality of the prison, where prisoners may not share that desire and may want others to take drugs. The initiative is a welcome step forward; I hope that it will command support from all members.

I thank the minister for his response to John Lamonts question. Given the success of the time-out centre in Bath Street in Glasgow in diverting annually from short-term custody 500 women whose main offence or problem involves drugs, will he and the Cabinet Secretary for Justice give serious consideration to establishing a second centre for women, and a pilot centre for men, to increase the diversion of those with drug problems? Will he also seek a review by SPS of the management of remand prisoners who have a drug problem, as part of discussions about the national health service taking over medical and nursing care in the Prison Service?

I have visited the centre in Bath Street in Glasgow to which Dr Simpson refers and, like him, I was extremely impressed. The females at the centre were positive, confident about their recovery, safe and held in an environment that is far preferable to Cornton Vale. We would like the centres approach to be extended elsewhere and are happy to work with all parties towards that. It would have a serious cost implication—an issue that the Government must always take into account—but I hope that all members can unite behind it as an extremely desirable aim.

The treatment of prisoners on remand is and has always been a challenging issue. It is more difficult for prison officers to handle prisoners on remand than it is for them to handle long-term prisoners, and members are united in seeing that as a serious issue on which we need to do more. The Scottish Prison Service has a well-established policy, of which all members will be aware. More generally, we learn from prison officers that short sentences make it extremely difficult for prisons to provide any realistic form of structured drug treatment, especially for prisoners who spend fewer than 30 days in prison. That is why I hope that all parties will welcome the Scottish National Partys policy on sentencing.

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Strathclyde Police

To ask the Scottish Executive whether it is satisfied with Strathclyde Polices approach to policing non-violent protest. (S3O-6783)

Yes, we are. Policing requires a balance between protecting the right to non-violent protest and the right of members of the wider community to go about their daily lives without disruption. I am satisfied that the Scottish police service, in conjunction with local authorities and other partner agencies, works hard to maintain that balance.

In recent weeks, a number of police forces south of the border—including the Metropolitan Police—and now Strathclyde Police have been caught deploying some pretty dodgy tactics. That has been going on for years, but they are now being caught on camera or audio because of the proliferation of technology in the hands of citizens.

Is the cabinet secretary really saying that he is satisfied with the idea that non-violent, peaceful protesters should be the subject of attempts to bribe, intimidate and threaten? Are there not some tactics that, although they may be legitimate in the pursuance of combating serious crime, are quite inappropriate when it comes to political, non-violent protest?

As I said in response to the initial question, it is a matter of balancing the rights of individual citizens with the broader rights of our communities. Irrespective of the nature of protests, they can have huge implications. We have seen the effects that they can have at airports, for example. We must ensure that the response by the police is proportionate and that their actions are subject to scrutiny and review. That is the case under RIPSA and RIPA—the Regulation of Investigatory Powers (Scotland) Act 2000 and the Regulation of Investigatory Powers Act 2000. Such matters are subject to overall scrutiny not just by myself, in respect of some areas, but by commissioners in other areas.

Mr Harvie refers to events south of the border, and those matters must be addressed there, but whatever difficulties we might have—occasionally, officers, like politicians, make judgments that go wrong or that are perhaps inappropriate—we are well served by our police. They act proportionately, and I believe that the actions that they take continue to maintain that balance between rights and broader responsibilities.

Does the cabinet secretary agree that, historically, the reaction of the Scottish police has been entirely proportionate in such cases? Does he also agree that, because occasionally—I stress occasionally—those who seek to demonstrate are prepared to take extreme measures, the police have every justification in trying to get intelligence regarding demonstrations and some of the tactics that might be adopted at them?

Absolutely. I am more than happy to confirm that, and I am on record as frequently praising our police service, who do an excellent job protecting our communities. Sometimes, protests that initially appear peaceful result in significant consequences for communities.

We are at the stage of the calendar when the so-called marching season is about to begin. Those events are viewed by many as part of the right of individuals to proclaim things that they claim to be part of their history. Equally, they can have significant effects and be disturbing, if not threatening, to individuals. Those are matters of balance that must be considered not only by the police and local authorities. As a Government, we believe that such events are dealt with proportionately and appropriately, and we will continue to work with and support the police and local authorities.

Questions 3 and 4 were not lodged.

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McKenzie Friends

To ask the Scottish Executive whether it will introduce the practice of allowing a McKenzies friend into law courts. (S3O-6781)

The term "McKenzie friend" refers to the practice in English and Welsh courts in which parties are given assistance from someone other than a lawyer in presenting their case in court. At present, a party may be represented by a friend, relative or lay representative, such as a citizens advice bureau representative, in the small claims and summary cause sheriff courts. That covers actions up to a value of £5,000.

The right hon Lord Gills civil courts review is considering the issue of McKenzie friends. I look forward to receiving his report, which is expected in June, and I will carefully consider all his recommendations about McKenzie friends and about wider issues concerning those who represent themselves in court. Those wider issues include the funding of court actions, improved court procedure and other methods of dispute resolution.

I thank the cabinet secretary for his reply and for his attention to Lord Gills upcoming report. Before its publication, he will see the petition on the matter that was discussed in committee just two days ago.

I draw to the cabinet secretarys attention that the McKenzie friend system, which we advocate, does not allow anyone to advocate on behalf of someone in court; the McKenzie friend is simply there to advise or support a person who might be without legal representation. The cabinet secretary must agree with me that that would only enhance the procedure in Scottish courts.

Anything that makes people more comfortable in a court environment is to be welcomed. There must be majesty of the court and the experience of court can be traumatic for whatever reason, so peoples ability to have support is important.

The question of who has formal representation rights is of greater complexity and must be considered in the round. We have addressed the issue at small claims and summary levels, and there can be representation in some debt cases in ordinary actions. We have broadened the approach to give the Association of Commercial Attorneys various powers, which have been signed off by the Lord President. One thing that differentiates Scotland from England is that there is wider access to legal aid in Scotland than there is south of the border, which means that there is greater opportunity for representation.

Lord Gill must consider the matter because it is not simply about comfort and peoples ability to be assisted in court, whether by a lay or legal representative, but about whether court is the appropriate forum in which to deal with a matter. That is why the issue should be considered in its totality. I look forward to Lord Gills review, and I will be more than happy to discuss the matter thereafter.

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Paid Informants

To ask the Scottish Executive to what extent paid informants are used by police forces. (S3O-6826)

That is an operational matter for individual chief constables.

That was an illuminating reply. Does the cabinet secretary welcome the Scottish Information Commissioners decision to compel Strathclyde Police and Lothian and Borders Police to release information on how much they spend on so-called covert human intelligence sources?

I press the cabinet secretary on his answer to Patrick Harvie. Is he satisfied that Scottish police forces conduct such operations with proper regard to the civil liberties of individuals and the wider community, given the revelation that Strathclyde Police offered money to a member of the protest group Plane Stupid?

It is not a question of my being for or against the Scottish Information Commissioners decision; it is my obligation as Cabinet Secretary for Justice to accept his decision—and I do accept it. Indeed, the chief constables of the relevant forces accepted it, and I understand that the information has been produced. The chief constables and I will abide by the decision.

Covert human intelligence sources are important in addressing crime and public disorder. As I said to Patrick Harvie, such matters are supervised under the Regulation of Investigatory Powers (Scotland) Act 2000, which was passed before the Government in which I serve came into office. It is appropriate that funding should be given to enable the police to have appropriate intelligence and information. It is a question of proportionality and balance: difficult judgment calls must be made, and there might be occasions when a judgment call is inappropriate or the terminology that is used and other aspects of the matter are not the best.

In the round, the system works well and has safeguards. I meet the commissioner annually to discuss matters, and the police review the system. I believe that we are well served by the police. There can be difficulties in public demonstrations. Whether we are talking about Boys Brigade marches, Orange order walks or demonstrations about the environment, such events have implications for traffic and the economy. We must continue to support our local authorities and police to make the appropriate judgment call and to balance the individual rights of the citizen with the broader rights of the community.

Question 7 has been withdrawn.

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Antisocial Behaviour (Short-term Holiday Lets)

To ask the Scottish Executive in what ways the Antisocial Behaviour etc (Scotland) Act 2004 contributes to addressing antisocial behaviour carried out by people using short-term holiday lets. (S3O-6788)

Local authorities and chief constables acting jointly are required by the Antisocial Behaviour etc (Scotland) Act 2004 to prepare a strategy for dealing with antisocial behaviour in the authoritys area. The 2004 act also contains a range of measures to reduce antisocial behaviour across all tenures, including among tenants in short-term or holiday lets.

Our new framework, "Promoting Positive Outcomes: Working Together to Prevent Antisocial Behaviour in Scotland" sets out a new, shared vision for how antisocial behaviour should be tackled.

Is the minister aware of the growing problem, which has been brought to the attention of the Parliament by members of different political parties? Will he examine part 7 of the 2004 act and, in particular, commit to examining the use of powers in section 68(6) in part 7 to amend the act to make it absolutely clear and beyond doubt that antisocial behaviour notices can be applied to circumstances particular to holiday lets?

We have a cross-party meeting of councillors and MSPs next week. It appears that the issue is growing in Edinburgh and beyond the city. An intolerable strain is being put on local residents, and I have been made aware of serious health and safety issues.

I certainly appreciate that the lives of those who are the victims of antisocial behaviour can be made an absolutely misery. Perhaps I and other members will know that from our own experience. That said, officials from the City of Edinburgh Council have told us that the problem appears to relate to a very small number of properties in the city compared with the very large number of holiday lets.

The position that we take at the moment—although of course we are willing to consider specific proposals for change if any are put to us—is that existing antisocial behaviour legislation is sufficient to deal with, for example, hen and stag parties, which I think are behind some of the problems to which the member refers. Officials at the City of Edinburgh Council take the same view. I am also aware that, as Sarah Boyack said, this has been raised by other members—Shirley-Anne Somerville and Malcolm Chisholm being two.

The Scottish Government is aware that short holiday lets are very important to Edinburgh, especially during the festival—I hope that all members understand that concern. The vast majority of landlords operate responsibly and respectably, and therefore to impose regulation on a sector where the problem is with a few—problems that may amount to criminal behaviour that should be dealt with by the police—may well be to take a legal sledgehammer to crack a nut. I advise proceeding with caution, but we are certainly willing to listen to any specific proposals, should any such be put to us.

As Sarah Boyack mentioned, the issue has been brought to the attention of many MSPs. Although it involves a small number of flats in the city, those in the areas surrounding them are suffering greatly. Is the minister willing to examine the issue if specific proposals are brought forward? We are willing to examine a number of avenues to ensure that we get the right solution to the problem and sort it out for the long term. If we can find a solution that we can bring to him on a cross-party basis, is he willing to consider it fully and examine the individual cases involved?

I reiterate that, in the event of any specific proposal for legislative reform being put to us, we will consider it. Members have raised the general issue. Houses in multiple occupation are a long-established concept in housing legislation, and one of their defining characteristics is that they comprise living accommodation and not holiday accommodation. A holiday let cannot be an HMO but there are certain technical matters that Shirley-Anne Somerville has already raised in her correspondence with Stewart Maxwell on 4 February.

I am aware that Alex Neil, the Minister for Housing and Communities, spoke about the matter earlier today. He was right that antisocial behaviour legislation, and not housing legislation, is the key to tackling the issue. Therefore, I am happy to consider further specific representations from members across the chamber.

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Drug Addiction Services

To ask the Scottish Executive what action it is taking to improve drug addiction services. (S3O-6772)

On Monday 20 April we held an alcohol and drugs delivery summit at which we, along with the Convention of Scottish Local Authorities, launched a new framework for action on alcohol and drugs. Members of the Parliament who attended the summit, including Annabel Goldie and Dr Ian McKee, welcomed the announcement of the framework.

We have a national drugs strategy that provides a clear plan for how we will tackle the damage that problem drug use has caused to too many of our society for too long. Having the right delivery framework in place will ensure our record investment in drug services will be better targeted to help recover those lives.

I thank the minister for that answer and hope that what he says will come to pass. However, does he share my concern that the most recent data show that 25 per cent of addicts who want treatment have to wait for more than a year before they are assessed and that 30 per cent have to wait for more than a year for the actual treatment? Does he agree that, when an addict is ready to accept help, the help must be given within days rather than years? Will he assure me that the support system will be delivered?

Jamie McGrigors general point is correct—indeed, I discussed it this week during my visit to Turning Point Scotland in Peterhead. Turning Point is a charity that is successfully involved in helping drug addicts to find recovery. The member is right to say that some problem drug users have to wait too long for appropriate treatment. We have been determined to tackle the problem, which is why we have substantially increased the available funding. We have substantially reduced the amount of the drugs budget that is spent at the centre so that the maximum amount is available around the country to tackle the problem.

I am encouraged that in some areas—such as Aberdeen city, which had and still has a particularly acute problem—the waiting times are going down. I pay tribute to all those in the public and sectors who are carrying out excellent work—difficult, demanding and exacting work—in dealing with problem drug users who need help to find recovery.

On a point of order, Presiding Officer. I seek your guidance on the circumstances in which a member can withdraw a question for answer by a minister.

Today Claire Baker withdrew question 7, which referred to her false claim of a rise in violent crime in Fife. Last week Ms Baker issued press releases and spoke on the local radio stations, saying that she would be demanding an explanation from the Cabinet Secretary for Justice for why crime in Fife was rising. In fact, crime in Fife has reduced by 16 per cent in the past year—the largest reduction in the whole of Scotland. Ms Baker withdrew her question today, denying the justice secretary the opportunity to put the record straight.

I ask the member to come to the point of order.

Presiding Officer, will you consider whether it is acceptable for a member to behave in that way? Will you look at tightening the circumstances in which a member can withdraw a question at the last minute, particularly if it is just to protect her from humiliation?

On a point of order—

I will answer one point of order before I come to another.

I have no evidence that what Ms Marwick says is the case. The withdrawal of a question is a matter for the individual member but, although members are perfectly entitled to do that, I hope that it is not a course that they take lightly.

On a point of order, Presiding Officer. I refer to the code of conduct in relation to courtesy to other members, given that Ms Marwick has made several inaccurate comments with regard to the circumstances in which the question was withdrawn.

I am afraid that that is another spurious point of order. However, I understand where the member is coming from, and Ms Baker will be informed of the content of these points of order.

On a point of order, Presiding Officer. The member must be wrong—the question could not have been withdrawn this morning, as todays Business Bulletin will have been printed long before today.

Thank you—that is a fair point.

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Rural Affairs and the Environment

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National Food Policy (Local Food)

To ask the Scottish Executive what action it has taken to encourage the use of fresh, local food throughout the public sector as part of its national food policy. (S3O-6832)

The Government supports the use of fresh, seasonal food throughout the public sector and is setting an example. The Scottish Governments own catering contract sources 75 per cent of all perishable goods locally.

Despite cross-party support for changing public procurement rules to favour local suppliers, and the promise of rapid action that was made by the Cabinet Secretary for Rural Affairs and the Environment when he was in opposition, nothing has changed two years into the Governments term of office except the Governments own catering contract. Although it is good that the shortbread for ministers meetings is now local, that simply does not go far enough. Will the minister support the Scottish Liberal Democrats call to change public procurement rules to ensure that the public sector leads by example when it comes to buying local?

I assure the member that we have made more progress on the promotion of Scottish and local food and drink produce over the past two years than his Administration did over eight years. Indeed, we are developing Scotlands first national food and drink policy, at the heart of which will be public procurement policies to help promote the fantastic food and drink that are produced on our doorstep and ensure that the public sector plays a role in that.

We have taken a number of measures. Robin Gourlay of East Ayrshire Council, who is respected across the chamber for his local authority work, is leading one work stream under the development of the food policy. Given that the work streams are reaching a conclusion, he is about to report to Government. I am sure that the report will contain a number of worthwhile recommendations; I have not seen it, but I am assured that it contains a number of good ideas. I hope that those ideas will attract support from across the chamber in taking forward this important debate.

I associate myself with Mike Pringles question. Members have had several goes at getting the cabinet secretary to tell the chamber exactly when fresh local food will become part and parcel of day-to-day procurement work. We are particularly keen for schools, hospitals and prisons across the country to benefit from this procurement exercise, particularly given the situation of our local farmers. We want to see local food that is directly sourced. As the East Ayrshire Council project under the previous Government shows, it can be done.

A number of measures have already been taken, over and above the recommendations that we await from Robin Gourlay. For instance, under the food processing, marketing and co-operation grants scheme, the Soil Association was awarded funds to build on the food for life programme to which the member refers. The programme seeks to ensure that more meals that are served in schools and hospitals have ingredients that are 75 per cent unprocessed, 50 per cent local and 30 per cent organic. In addition, the Scottish Agricultural Organisation Society has developed a road map for supplying local authorities, the aim of which is to help producers and producer groups bid for upcoming tenders. Those are examples of measures that we have taken over the past year or two.

The member is aware of the complexities of the issue. She knows that they led to the previous Administration being unable to make more progress over eight years of attempting to address the situation. I am confident that we will make good progress and that we will support our primary producers as the member wishes.

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Greener Scotland Objectives

To ask the Scottish Executive what progress has been made in achieving its greener Scotland objectives. (S3O-6818)

We have made considerable progress in a number of important areas. For example, in taking advantage of Scotlands renewable energy resources, we have 5.5GW installed and consented capacity. We are working with the renewable energy skills group, in which key stakeholders are involved, to ensure that Scotland has the necessary skills to deliver its potential in the renewables sector; making homes warmer and more energy efficient; bringing forward landmark legislation—indeed, we are debating the Climate Change (Scotland) Bill today; and further improving Scotlands recycling rate, which now stands at 32.9 per cent.

Again, I am focusing on procurement, which is a wider issue than the procurement of local food. The Scottish Government procures £8 billion of goods and services each year, and its key intervention in the marketplace includes the procurement of vehicles. Has the Government considered including in its vehicle pool the electric vehicles that leading manufacturer Allied Vehicles in Glasgow is producing? What other interventions can the Government make, not only in food procurement but in other areas, that will lead to reductions in carbon emissions?

The member raises a number of good points. The Government has been encouraging the public sector across Scotland to indulge in more sustainable procurement. The sector should give more consideration to the examples that the member cites. The Scottish Governments policy on vehicle procurement takes account of our carbon footprint. We are making inroads to improving that. The public sector in Scotland must take account of such issues in procurement policies. I refer not only to sustainable and local food, but to the other goods and services that the public sector puts out to tender. I agree wholly with the sentiment that the member expresses.

Does the cabinet secretary agree that the £27 million climate challenge fund plays a crucial role at grass-roots level across Scotland? Does he welcome projects such as Assynt Renewables, which was awarded £74,220 in April for an energy audit of houses and buildings throughout the Lochinver area?

Yes. I agree with the member. I offer my congratulations to local initiatives such as the one to which he refers. The climate challenge fund has supported 120 communities throughout Scotland in undertaking grass-roots action. It has helped them to come up with their own ideas and to use their ingenuity to reduce their carbon footprint. Examples such as the one that the member gave—which are celebrated across the chamber—show the way forward for Scotland.

I hope that members understand that I will take only one supplementary per question. We lost five minutes to points of order, and I want to get through as many questions as possible.

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Scotland Rural Development Programme

To ask the Scottish Executive what steps it is taking to improve the application process for the Scotland rural development programme. (S3O-6786)

An independent review of the SRDP is being carried out by Peter Cook, the former head of the rural business unit for the Scottish Agricultural College. The review includes a re-examination of the application process for the rural priorities element of the programme.

Peter Cook is finalising his advice and recommendations, and I hope that they will be submitted to me shortly. Once I have received them, I will be able to make decisions on the SRDP and associated application processes. In the meantime, we are pressing ahead with implementing a number of measures to improve the application process for rural priorities, including: providing additional training for case officers; improving guidance and communication with applicants; removing area limits on payment of the farmland premium for forestry projects; enabling applicants to mandate more than one agent to work on complex cases; and making arrangements to allow successful applicants to start work on their projects as soon as possible.

When will the new deadline for applications in the next round of the rural priorities scheme be published? I have received complaints from constituents about the length of time that grant applications take in the wider programme. Will the SRDP review examine the potential to speed up the application process?

Yes. We are keen to speed up the application process. We have tried to accelerate a number of applications and have been victims of our own success to some extent, because we had a huge number of applications in the February round. To date, we have given awards to more than 1,800 cases, which represents a significant number of rural businesses. More than 1,000 of those were given awards in the February round.

That is why we wanted to take stock before we gave the deadline for the next round of applications, but I am delighted to tell Richard Baker and other members that we are announcing today the date for the next round of applications. It will be late June for the August round. There will also be one further application round this year. I will ensure that all members are sent details of those rounds this afternoon, but I have already written to the Rural Affairs and Environment Committee with them today.

During the debate on the Scottish National Partys proposal to sell off leases of the countrys forest, the then Minister for Environment stated:

"by droping the leasing proposal, we face a short-term funding problem for woodland creation"

However, the Governments rural priorities budgetary position from 27 April states that there is "ample headroom" in forestry funding. Which is right: the former ministers statement or the Governments rural priorities budgetary position that was updated 10 days ago?

One reason why we have to review the forestry schemes in the SRDP is that they have been underspent because the economics of the forestry sector in Scotland have made some of the current options unattractive. As the programme progresses, we will have to adapt it to current economic conditions, particularly in the forestry sector. There are budgets available for that sector, and I hope that we can come up with amendments to the schemes to make them more attractive to it, as well as tackle concerns that people have expressed about complexities and bureaucracy, which we must accept. The SRDP was designed by the previous Administration, which could have given more thought to how it would be implemented once it was up and running. However, we are where we are and we must ensure that the forestry schemes become more attractive to the forestry sector in Scotland.

I take the opportunity to correct misleading information from Jim Hume. He started off by saying that we had a proposal to sell off the forestry and then corrected himself a few seconds later by saying that it was a proposal to lease some forest rights.

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Energy Generation (Waste)

To ask the Scottish Executive what level of energy generation from waste it intends to achieve as part of its commitment to reduce the amount of waste to landfill. (S3O-6809)

The Scottish Government has set a limit of no more than 25 per cent of municipal solid waste to be used for energy generation. The zero-waste policy for Scotland prioritises waste reduction, reuse, recycling and composting over other forms of waste treatment, including energy from waste.

Does the minister recognise the large potential for energy from waste to support district heating schemes in a way that generates fewer emissions than sending waste to landfill or generation from fossil fuels? Will he consider what potential exists to grow that sector? I commend to him the model of Denmark, where there are some 29 energy-from-waste plants throughout the country. Will he consider what he can do to stimulate such developments in an environmentally friendly way?

Yes. I will consider what more the Scottish Government can do to encourage district heating systems to form part of any proposals for energy-from-waste plants. Indeed, one of the reasons why we gave such detailed consideration to the role of energy from waste was that we wanted to ensure that any projects that were proposed were efficient and incorporated the kind of benefit to which the member refers. I am aware that the Scottish Environment Protection Agency withdrew its opposition to some proposals once more evidence was given of the benefits of district heating and of other by-products from energy from waste. I agree with what the member said and I will be happy to look into the issue for him.

The cabinet secretary is aware that Glasgow City Council sends a higher proportion of its waste to landfill—almost four fifths—than any other local authority does. What contacts have there been between the Scottish Government and Glasgow City Council to try to tackle that rather disappointing figure?

The member raises the important issue of the effort that is required by Glasgow City Council to improve its recycling rate. It is certainly the case that if we, as a nation, are to achieve our national targets, we need Glasgow City Council to make progress with its efforts. However, I am pleased that efforts are being made to improve the recycling rate in Glasgow. I understand that a number of proposals are being worked up.

The member asked what contact there has been between the Scottish Government and Glasgow City Council. I visited the council a few months ago and met officials and elected representatives to discuss the future of their waste strategy. In addition, Scottish Government officials are in regular contact with the council to offer it support, given the disproportionate influence that it will have over our success or otherwise in achieving the national targets.

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Flooding (Kinross-shire)

To ask the Scottish Executive what progress is being made to address flooding in Kinross-shire. (S3O-6766)

As the member knows, that is a matter for Perth and Kinross Council, which has wide powers under the Flood Prevention (Scotland) Act 1961 to mitigate the flooding of non-agricultural land in its area. I hope that the council will welcome the Flood Risk Management (Scotland) Bill, which will be debated at stage 3 next week.

I very much welcome the Flood Risk Management (Scotland) Bill. The minister is right to say that Perth and Kinross Council has full responsibility in the sense that she indicated. However, are discussions taking place between the council and the Government about speeding up progress to allay concerns that not very much is happening in Kinross-shire about flood prevention?

I am aware of the issues in Kinross-shire, particularly the outstanding issue of Milnathort. The member will be happy to know that the council will introduce a further flood prevention scheme in the summer that will deal with outstanding issues. The council has, in fact, commissioned a study of flooding in Kinross from the difficulties that have been identified there. Again, a report on that will be available in the summer. I hope that, when those reports are available, the member will be satisfied that the council is doing the work that it needs to do to ensure that the flood risk in its area is managed well.

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Fish and Shellfish (Promotion)

To ask the Scottish Government what steps are being taken to promote Scottish fish and shellfish. (S3O-6844)

Scottish seafood has an excellent reputation for quality, which is recognised in both domestic and export markets. Roseanna Cunningham and I supported Scottish companies in promoting that at last weeks European seafood exposition in Brussels.

The cabinet secretary is aware of the trade credit insurance situation that faces the seafood industry. He is also aware that some exporters premiums are being increased considerably and that some exporters are being refused insurance. What action is the Scottish Government taking to support Scotlands seafood industry as it struggles with that matter?

I am pleased that the member has raised that issue at question time. During our productive visit last week to Brussels, where I was proud to see the number of saltires that were flying at the worlds biggest seafood exposition, the most common issue that was raised with me by the companies from Scotland that were represented there was their current inability to get adequate trade credit insurance. That is hampering the massive opportunity that seafood companies have to increase the number of exports from Scotland.

In March, I wrote to Peter Mandelson, the Secretary of State for Business, Enterprise and Regulatory Reform in the United Kingdom Government, asking him to ensure that the UK Government addressed the issue of trade credit insurance for the Scottish seafood industry. I was therefore disappointed, as I am sure that members and the industry were, that no adequate measures were included in the recent budget. I wrote again this week to the secretary of state, asking him to reply to my previous letter on this very important issue for Scotlands economy and our seafood sector and to address our companies specific concerns.

A massive economic opportunity is open to our seafood companies. Despite some of the challenges that the seafood sector faces, many of the people to whom I spoke at last weeks exhibition—they were mainly from companies in the pelagic sector—said that the show was their busiest for some years. We need to grasp that opportunity as a nation. As long as companies are unable to get trade credit insurance because of the current economic backdrop, that task will be all the more difficult.

We can just squeeze in question 7 if it is kept brief.

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Incinerators

To ask the Scottish Executive what its policy is with regard to the use of incinerators for waste management. (S3O-6823)

The Scottish Government has a zero-waste policy that prioritises waste reduction, reuse, recycling and composting over other forms of waste treatment such as incineration. There is a role for energy-from-waste plants. The Scottish Government has set a 25 per cent cap on the amount of waste that goes to energy-from-waste schemes. That cap has been included in the proposed national planning framework.

Is the minister aware of the concerns of my constituents in Greengairs, Plains, Glenmavis and north Airdrie about the environmental impact of a planned incinerator that has been given planning consent today? My constituents have serious concerns about the environmental and health impacts of the incinerator. Will the Scottish ministers listen to those concerns and call in the decision so that the environmental concerns can be fully examined?

The member has eloquently highlighted the concerns of her constituents but, as she is aware, the application will need to go through the planning process. Let me make just a couple of quick points. First, any proposal will need the relevant permit from the Scottish Environment Protection Agency before it can proceed. Therefore, as well as going through the planning process, the application will need to follow that procedure. Secondly, the environmental footprint of energy-from-waste technology has improved dramatically in recent decades. Although I cannot comment on the particulars of the proposal in the members constituency, that is a general observation.