Meeting of the Parliament

Meeting date: Thursday, June 7, 2012

Official Report 1090KB pdf

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Scottish Executive Question Time

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General Questions

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Air Passenger Duty

1. To ask the Scottish Government what impact the increase in air passenger duty is having on the delivery of its transport policy with regard to air travel. (S4O-01089)

The significant increases to air passenger duty implemented by the United Kingdom Government since 2007 have been damaging for Scotland’s aviation sector, our tourism industry, our wider economy and of course passengers.

They have also been prejudicial to the efforts of the Scottish Government and Scotland’s airports to attract new direct international air services to Scotland. In our engagement with airports and airlines, we are frequently told that the level of air passenger duty is a barrier to the introduction of those services.

We will continue to make the strong case for the devolution of air passenger duty now.

The cabinet secretary will be aware that airlines have cited the high cost of air passenger duty as a factor in cutting routes from Edinburgh airport. Will he comment on whether the increase in APD is detracting potential investment from Scottish airports?

A number of factors affect investment decisions by airport operators and airlines, but APD at its current level—it will increase again next year—has a major bearing and is taken into consideration in whether investment goes ahead and in the timing of any investment. There is no doubt that it is very damaging to the Scottish economy.

The cabinet secretary will be more aware than most of the damage APD is inflicting on Prestwick airport. I fully support the representations that I know he is making to Westminster in that regard.

However, the strategic significance of Prestwick airport to Ayrshire and the wider Scottish economy—for example, in the preceding two winters, when Prestwick airport was the only airport open and servicing Scottish business needs—is not adequately recognised by the Scottish Government. Therefore, will he give greater support to Prestwick in future?

I had a meeting this morning with Tom Wilson, managing director of Prestwick airport, and we agreed an action plan to assist Prestwick airport. I find it strange to hear a member of the Tory party admitting that APD is detrimental to Prestwick and the Scottish economy. If the member votes for independence, we can sort it.

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Nuclear Waste

2. To ask the Scottish Government what its position is on the possibility of waste material being transported from Dounreay to Sellafield. (S4O-01090)

The Scottish Government is committed to tackling the toxic legacy of nuclear power. With that in mind, I have made it clear to the nuclear decommissioning authority that the decommissioning and clean-up of Dounreay and other nuclear sites in Scotland should proceed as quickly and effectively as possible.

The transportation of nuclear material and fuel is a matter reserved to the United Kingdom Government. We have, however, urged the NDA to take all necessary steps to ensure that any future movements of Dounreay fast-reactor breeder fuels or other exotic nuclear materials from Dounreay to Sellafield are managed in a safe, secure and responsible manner, fully in line with regulatory requirements.

The nuclear decommissioning authority proposes the transport of what it euphemistically calls exotic fuels nuclear waste from Dounreay to Sellafield, which raises the prospect of such materials being transported through my constituency. Although the proposals have been consulted on, it is not clear that it has been done widely. Does the cabinet secretary agree that it is incumbent on the nuclear decommissioing authority to engage with all communities to be affected by its proposals, including those along the route that will be used?

Of course, I expect the NDA to consult adequately all potentially affected communities, and it will release further details of its policy in due course. If Jamie Hepburn has any specific concerns relating to his area, either that there has been no consultation on the fuels or that the NDA has not fulfilled its obligations, he should please write to me about them and I will raise them with the NDA. I have no evidence, at the moment, of any gap in its consultation process, but I am always willing to listen to members’ concerns.

Will the cabinet secretary confirm that the Scottish Government has no plans to dump at Hunterston nuclear waste that originates from elsewhere in Scotland?

It is really important to recognise that neither the Scottish Government nor the NDA plans to create a single facility for the storage of all radioactive waste generated in central and southern Scotland. The Scottish Government’s policy is clear: higher activity radioactive waste should be stored as near as possible to the site at which it was produced. Again, the NDA will release in due course details of its policy on storage in that part of Scotland.

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Judicial Reform

3. To ask the Scottish Executive what progress has been made with the Scottish Court Service’s review of sheriff and justice of the peace courts. (S4O-01091)

The Minister for Community Safety outlined the Scottish Court Service’s plans for reviewing future court structures in the parliamentary debate on Wednesday 29 February.

The Scottish Court Service has just concluded a series of stakeholder dialogue events to listen to and hear views on a range of ideas relating to the efficient use of the court estate and the implications of impending justice reform, including the review of civil justice and jury trials.

Feedback from the events will be considered by the Scottish Court Service before any formal proposals are developed for consideration by its board. If future proposals are presented to and accepted by the board, they will form the basis of a formal public consultation in autumn 2012.

It is true that the wheels of justice grind slowly, and the cabinet secretary is right that in February the minister promised that the proposals would be subject to wide public consultation involving local communities and members. It is now nine months since the Scottish Court Service produced a report—which was not published, but leaked—which suggested that 15 sheriff courts, including the Haddington court in my constituency, should be closed. For exactly how long must communities face the uncertainty of not knowing whether their sheriff courts have a future or not?

There are no proposals at present. The member seems to wish to rush into matters, rather than allow the Scottish Court Service to enter into discussion, debate and dialogue. I am attending an event in forthcoming weeks that is also about discussing and debating the issues. I am sure that the member would be very welcome, should he wish to attend. Those discussions are being replicated across Scotland.

The issue is, fundamentally, a matter for the Scottish Court Service. The member may not be aware, but the board is chaired by the Lord President. We have just appointed a new Lord President and, rather than scaremongering needlessly and trying to force the Scottish Court Service into a position, which it wishes to debate, discuss and engage with communities, Iain Gray might wish to enter into discussion with the Scottish Court Service, whose job this is, and even perhaps with the new Lord President, which would give the member the opportunity to congratulate him on his appointment.

The cabinet secretary will be aware that the options under review by the Scottish Court Service have raised concerns across Dumfries and Galloway recently. Attending court can be an intimidating experience, beset with unexplained delays. What consideration is the Scottish Court Service giving to improving and easing public participation in the court system?

Aileen McLeod raises an interesting point. It is quite clear that how we engage is a matter that we must address, and it is not being dealt with by the Scottish Court Service alone; the victim and witnesses bill that we will introduce shortly will also consider how victims and witnesses give evidence. Work is also on-going on, for example, how video-linking can be expanded, how we use technology to ensure that the court system runs better and how to ease the plight of those who have to give evidence. Equally, that work might be an opportunity for various areas that have geographical challenges to participate.

Therefore, I can assure the member that we are looking across the board—not simply at the court estate—at how people give evidence, where they give it from and the manner in which they give it. That is a matter not only for the Scottish Court Service; as I have said, it is a matter for all strands of government. We are looking at new technology along with other aspects.

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Acceptable Behaviour Contracts

4. To ask the Scottish Government whether it plans to reassess the effectiveness of acceptable behaviour contracts. (S4O-01092)

Tackling antisocial behaviour and making communities safer and stronger remain top priorities for the Scottish Government. In March 2009, the Scottish Government and the Convention of Scottish Local Authorities jointly published their framework for tackling antisocial behaviour in “Promoting Positive Outcomes: Working Together to Prevent Antisocial Behaviour in Scotland”. It followed a thorough review of national antisocial behaviour policy and recognised that prevention, early and effective intervention and diversion should be at its heart.

Acceptable behaviour contracts are simply one of the tools that are at the disposal of local partners in tackling antisocial behaviour. We have no current plans to assess the effectiveness of acceptable behaviour contracts, and the extent to which they are used is a matter for local partners.

My first-hand experience, as a councillor and then as an MSP, seems to indicate that there is a small but significant and disruptive hard core who have little regard for ABCs or, indeed, antisocial behaviour orders. Will the minister consider a review to determine how we can strengthen the ability of local councils and the police to deal more swiftly and effectively with extreme antisocial elements that blight our communities?

As I said in my initial answer, acceptable behaviour contracts are only one of the tools that are at the disposal of local partners in tackling antisocial behaviour. I understand the member’s interest in focusing on them, but all members should be aware that this is about more than acceptable behaviour contracts. For the minority of individuals who may disregard both acceptable behaviour contracts and ASBOs, the breach of an ASBO is a criminal offence.

The member may be interested to know that the Government has recently consulted on changes that would allow, among other things, social landlords to consider an applicant’s previous antisocial behaviour in deciding on their priority for housing and the granting of, or converting of an existing tenancy to, a short tenancy in cases of antisocial behaviour. We are constantly reviewing aspects of the matter, and we will publish the analysis of the particular consultations in due course.

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Tenant Farming Forum (Rent Reviews)

5. To ask the Scottish Government whether the tenant farming forum will deliver timeous solutions to simplify the rent review system for the tenanted farming sector. (S4O-01093)

The member will be pleased to know that, just today, the tenant farming forum has announced the establishment of a rent review working group to consider specific aspects of agricultural rent review procedures in Scotland. The group will produce its report and recommendations to both the tenant farming forum and the Scottish Government in November 2012. Thereafter, the tenant farming forum will have to consider the report and its findings and put forward proposed actions to the Scottish Government by mid-2013.

I welcome the establishment of the review group.

There is growing evidence that farm rents are not being settled amicably and that the approaches to tenants by land agents can involve implied threats of expensive Scottish Land Court action in too many instances. Will the minister ensure that the tenant farming forum and the review group visit tenant farmers in various parts of the country to see for themselves what tenants on estates think, and that they follow in the footsteps of members of the Rural Affairs, Climate Change and Environment Committee, who started a survey on the issue on the Isle of Bute last week?

I congratulate that committee on its visits.

It is, of course, a big disappointment when rent reviews result in animosity between the parties. It is fair to say that we tend to hear about only the bad examples, but there are many good examples out there. That said, there are bad examples. As the member said, people can go to the Scottish Land Court in such cases for resolution or enter into voluntary arbitration as an alternative.

On the tours that the tenant farming forum should undertake, the forum is, of course, an industry-led body, not a Scottish Government body. I will pass on the member’s suggestion to the members of that group, as it is always a good idea to get out and about and learn first hand about the big issues out there in tenant farming in Scotland.

Will the cabinet secretary comment on the concluded Moonzie case? Does he believe that the potential impact of the judgment on tenant farmers requires a legislative solution?

As the member will be aware, we are considering the impact of the Moonzie case, which is why the tenant farming forum is taking such an interest in the issues that arise from the case. Once again, we will be guided by the tenant farming forum on how we move forward.

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Mobile Coverage

6. To ask the Scottish Government what its position is on data published by the Office of Communications suggesting that 85 per cent of the Scottish population is covered by 2G mobile coverage compared with 99 per cent in England. (S4O-01094)

I assume that the figures to which the member refers featured in the Ofcom “Communications Market Report” of August 2011. More recent Ofcom data, published in its United Kingdom “Communications Infrastructure Report 2011” in November, indicate that 2G mobile coverage is at 94.5 per cent of Scottish premises, with only 0.2 per cent of Scottish premises being in complete mobile not-spots.

The Scottish Government is clear on the vital importance of further improving mobile coverage, including 2G voice coverage, in Scotland. To that end, I have made representations to Jeremy Hunt, the Cabinet Secretary for Culture, Media, Olympics and Sport to ensure that the UK Government’s mobile infrastructure project, the aim of which is to increase 2G coverage to 99 per cent throughout the UK through the procurement of additional masts, has maximum possible impact in Scotland for both voice and data coverage.

I thank the cabinet secretary for his answer but can he assure me, and particularly my constituents in the village of Barr in South Ayrshire, who are currently excluded from access to any digital infrastructure, including mobile telephony, that the Scottish Government will succeed in making its 2015 targets where broadband delivery UK—BDUK—has failed?

We are totally committed to meeting our 2015 targets throughout all Scotland, including the beautiful village of Barr. As part of our on-going engagement with local authorities and of our implementation plan, we will be in dialogue with South Ayrshire Council to identify local priorities over the summer. We will hold a series of workshops with local government to progress that, and South Ayrshire Council will be invited to participate.

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Public Sector Contracts

7. To ask the Scottish Executive what percentage of public sector contracts is on the public contracts Scotland portal. (S4O-01095)

Information on the total number of public sector contracts in Scotland is not held centrally, so it is not possible to calculate the percentage of contracts that is published on the public contracts Scotland portal.

Information available from the portal shows that almost 4,700 contract notices were published on the website during 2011, which is an increase of 20 per cent on the previous year. A further 4,493 requests for quotations were issued during the same period.

Decades ago, we managed to put a man on the moon, so I wonder if, in 2012, we can resolve to find out how many public sector contracts there are so that we can have an answer to my original question. Will the cabinet secretary agree to publish that information?

We are in the process of carrying out a substantial reform programme in relation to procurement, including assembling more accurate statistics on an on-going basis. I am always delighted to provide more information to help Mr Brown to improve his argument.

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Illegal Cockle Fishing (Solway Firth)

8. To ask the Scottish Executive what powers police forces have to deal with illegal cockle fishing. (S4O-01096)

Fishing for cockles on the Scottish side of the Solway Firth is currently prohibited under the Inshore Fishing (Prohibition of Fishing for Cockles) (Solway Firth) (Scotland) Order 2011. Enforcement powers under that legislation are conferred on the enforcement officers of Marine Scotland, who have primary responsibility for monitoring compliance. The role of the police is to assist Marine Scotland when required.

Illegal cockling has been a serious issue in my constituency this year. An e-mail dated 13 March says that Marine Scotland

“state that the Police have adequate powers to deal with this problem”.

However, as the cabinet secretary has just confirmed, the police are adamant that those responsibilities lie with Marine Scotland and that they have few or no powers to deal with the issue. The result is that a massive amount of illegal activity has taken place along the coast of the Solway this year. Local residents are too frightened to intervene. Will the cabinet secretary do so to bring the impasse and, along with it, this illegal activity to an end?

The member has written to me on the subject and I am giving serious consideration to the concerns that he and his constituents express. The powers exist, but there are challenges in enforcement. The member will be aware that there are real health and safety considerations for anyone venturing out on to the sands at low tide. However, Marine Scotland, the police, the Gangmasters Licensing Authority and others are able to investigate illegal cockling by other means. The collegiate approach that is being taken means that those who are engaged in illegal cockling are likely to be caught and punished. Nevertheless, I will give the member’s concerns serious consideration.

Members will wish to join me in welcoming to the chamber the Prime Minister of Lower Saxony, Mr David McAllister. [Applause.]