SCOTTISH EXECUTIVE
Enterprise, Lifelong Learning and Transport
Careers Scotland (Pay)
To ask the Scottish Executive what progress has been made in discussions between Scottish Enterprise and Careers Scotland staff regarding the introduction of performance-related pay. (S2O-7434)
I understand that Scottish Enterprise has recently put forward new proposals, which have formed the basis of productive discussions with the trade unions. Ministers have consistently urged both sides to take part in discussions and negotiation. I am pleased by the latest developments, which I hope will provide a resolution to the dispute.
I hope that that indeed leads to a resolution of what has been a long and protracted dispute. Many of us will be happy to hear about that. Using the lessons learned from the dispute, and hoping that other ministers will do likewise, can the minister assure me that he will do everything in his power to ensure that any future proposals involving pay and grading changes in public sector companies will be subject to full consultation and partnership working with trade unions?
Pay and grading arrangements vary across the public sector, as we heard during First Minister's question time. As a national service, Careers Scotland is a model that has been recognised by experts in the field, and we must maintain its integrity. Those arguments remain valid. I am aware, however, that people have different perspectives on the matter, and I am considering how best to invite and consider those views.
Modern Apprenticeships (Application Criteria)
To ask the Scottish Executive what criteria have to be met to apply for a place on the modern apprenticeship scheme. (S2O-7471)
Industry sets the selection criteria within each modern apprenticeship framework. The criteria therefore vary from sector to sector. All modern apprentices are employed for the duration of their training, and employers often set their own selection criteria over and above any industry standard to ensure that they recruit the most suitable candidates.
In light of the Executive's statement yesterday that
Come to a question.
What can the minister do to stop the barriers that prevent young people in deprived areas from getting into modern apprenticeship courses when Scottish Enterprise is telling the skillcentre that they must first have an employer? Nine young people—
You are making a speech.
Nine young people out of a total—
No, Ms Byrne. You have asked the question; the minister can answer it now.
I want to ask him—
No. You have asked the question. Sit down, please.
There were a number of issues in that. Representing, as I do, a substantial part of North Ayrshire, I am very familiar with the employment situation there. The employment situation in North Ayrshire is improving, as it is throughout Scotland. Part of that process of improvement undoubtedly comes down to the fact that we now have 34,000 modern apprentices in Scotland; we hope to build on that figure so that young people get the opportunity to go into training in North Ayrshire, as elsewhere.
The minister will no doubt agree that modern apprenticeships, which were born under the previous Conservative Government, have been a great success. What percentage of those who go into the scheme complete their modern apprenticeships?
We have made substantial modification and improvement to the modern apprenticeship scheme since it was introduced in 1995. Part of that improvement has revolved around an increase in the completion rate to which Phil Gallie refers. We are committed to improving that rate; several activities have been put in place to achieve that and the completion rate has increased from 48 per cent in 2001 to 55 per cent in 2005. We hope that that progress will continue.
Traffic Congestion (West Edinburgh)
To ask the Scottish Executive what action it is taking to address traffic congestion in west Edinburgh as a result of the opening of the Royal Bank of Scotland's headquarters at Gogarburn. (S2O-7398)
Local traffic issues are a matter for the City of Edinburgh Council and will have been considered carefully by the council prior to its granting planning permission for the development.
The minister is aware that that is a major area for development for Edinburgh and all Scotland. It is not just the Royal Bank of Scotland; airport expansion is on the go. Does the Executive accept that investment in road access, as well as in public transport, will be necessary and that paying for that should be the responsibility of all Scotland, not just the Edinburgh council tax payers?
The Scottish Executive is considering traffic congestion in west Edinburgh. Significant funding has been provided for the park-and-ride service at Hermiston, which will be opened officially tomorrow, in addition to the west Edinburgh busway system, Edinburgh crossrail, the Edinburgh airport rail link and the tram network. That is a considerable body of investment, which can in no way be described as local. I am sure that even Mr MacAskill acknowledges that money will be allocated by the Executive—and approved by Parliament—for those major projects that will help with the airport and the expansion that might happen in that part of Scotland.
Marine Energy
To ask the Scottish Executive what progress has been made on encouraging and promoting marine energy. (S2O-7463)
In Aberdeen this morning, I announced our decision to offer double or treble renewable obligation certificates for wave or tidal energy projects in Scotland. That will help to transform investment in marine projects around our shores with the potential to create 7,000 Scottish jobs.
The minister's announcement was very welcome; I have already had e-mails from people in the north-east to say how welcome it is. It is to be hoped that it will unlock major potential benefit for Scotland, both economically and in respect of meeting climate change targets. However, to smooth the progression of a burgeoning marine energy industry, what is being done on the strategic environmental assessment of Scotland's coastal areas to help with rapid deployment of marine energy in the most suitable locations?
Nora Radcliffe is right that a strategic environmental assessment is being done that will help to ensure that the development of tidal and marine power—for which there is huge potential—is done in the most sensible, sensitive and speedy way. That is why a major contract was let to Faber Maunsell in June this year. That vital work, which is looking round Scotland's coastline to seek out the best opportunities, is continuing with a project group that includes the industry, the public sector and environmentalists. Today's announcement of the extra injection of funding that will be available to the marine sector for the commercialisation of its schemes, and to the study to discover where around Scotland those schemes should be best placed, will give a major kick start to those initiatives. I have no doubt that the combination of those initiatives will be a major boost for marine renewables in Scotland.
I welcome what the minister said; it goes some way towards allaying the concerns that the Enterprise and Culture Committee expressed in its report of last year. Will the minister undertake to continue to monitor the situation so that we can be assured that what he has announced will successfully redress the current imbalance between wind developments on the one hand and marine and other technologies on the other? If what he has announced is not sufficient to redress the balance, will he undertake to revisit the issue?
I can give that undertaking. It will be effective only if schemes that are developed in Scotland are delivered in Scotland. That is what today's announcement was all about. Although all forms of renewables are entitled to access the renewable obligation certificates and the available subsidy, it is clear that wind schemes are going ahead but wave and tidal schemes are not. Wave and tidal technology is at an earlier stage and more costly at the moment, so it needs that extra boost.
I want to press the minister on the question that Alasdair Morgan asked. The minister will be aware of the widespread concern in many rural communities about the overemphasis on onshore wind developments. What discussions has he had with the renewables industry about the likely impact of the proposals that he announced today on shifting the balance away from onshore wind towards marine technology?
It is fair to be frank with Parliament about the issue. The industry and many of the power generators feel that the current approach to onshore wind, and indeed to the offshore wind proposal that Talisman is developing, has been successful. They feel that the renewable obligation system has been at the heart of that and that a stable financial and investment environment has allowed a significant number of renewables schemes to come forward. They are nervous about tinkering with that scheme and about any shift in the scheme that might affect the investment climate.
Question 5 has been withdrawn.
Oil Tanker Accidents (The Minches)
To ask the Scottish Executive what assessment it has made of the economic consequences of an oil tanker accident in the Minches and what representations it has made to the United Kingdom Government on such consequences. (S2O-7477)
The Scottish Executive is clearly concerned about the potential for marine, environmental and economic damage in all parts of Scotland, but ministers have made no assessment of the economic consequences of an oil tanker accident in any specific location. As the late Lord Donaldson noted in his comprehensive report, "Safer Ships, Cleaner Seas", which was published in 1994 following the Braer tanker disaster, predicting an outcome and placing a value on damage to wildlife and to amenity present real problems. The Scottish Executive is conscious of the importance of the issue, but has not made any representations to the UK Government on the matter.
I am aware that shipping and maritime safety are reserved issues, but the economic aspects—not to mention the environmental and social aspects—of a major oil spill would be disastrous for Scotland and particularly devastating in areas that depend heavily on tourism. Given that the number of vessels over 300 tonnes going through Highlands and Islands waters has increased more than threefold since 1999, let alone since the Donaldson report, does the minister agree that that is an accident waiting to happen? What discussion will he have with the UK Government about protecting the economy and environment of those vulnerable areas?
It is important that appropriate safety measures are taken and that our ships improve their safety standards. We have seen a significant improvement in safety standards in the industry even since the time of the Braer disaster in the 1990s. It is vital that we remain alert to the threats and problems—communities would demand no less—but we also want to encourage international trade. We want to do that safely, but we want Scotland to do more in that regard. That is why there are proposals in Orkney and at Hunterston for the major trans-shipment terminals, which offer great opportunities for Scotland. However, any proposals must be handled in the right way.
I urge the minister to dismiss instantly any suggestion that tankers should be banned from the Minch. Experienced seafarers, of whom there are many in the Western Isles, agree that such a measure would be unnecessary and, in fact, would border on the reckless.
We are always very happy to consider reasonable suggestions for improving safety such as that proposed by Alasdair Morrison. I am certainly willing to raise the issue with the UK Government. I agree with him that an outright ban would lead to greater dangers for our seafarers, who would be forced to go into more dangerous waters.
Lifeline Air Links (Highlands and Islands)
To ask the Scottish Executive what progress it is making on the delivery of the partnership agreement commitment to reduce the cost of lifeline air links in the Highlands and Islands using public service obligations. (S2O-7469)
Executive officials have been working closely with the Highlands and Islands strategic transport partnership to complete their assessment of options. I expect to receive advice imminently on how best to implement the partnership agreement commitment to reduce the cost of air links.
I am grateful to the minister for indicating the progress that is being made on appraising the options. I think that he hoped to complete that work by the end of August. When does he hope to receive that assessment? Moreover, will he knock on the head the idea that simply abolishing landing charges at airports that are run by Highlands and Islands Airports Ltd would make any significant impact on fares? Does he accept that, on this issue, he and I share a great view that we must continue to make steady progress towards achieving this commitment before 2007?
The analysis will be with me this week. I confirm to Mr Wallace that I am not persuaded by the argument, made by some, that we should simply increase the subsidy to HIAL. My understanding of the figures is that such a move would reduce the cost of flying by less than £10 a ticket, which would not make the material change to which we are all committed in the partnership agreement.
As the minister probably knows this information far better than I do, will he confirm that the cost of return fares from some of our islands to the mainland can exceed £300 and that his constituents have suffered that exorbitant cost for too long? Will he also confirm that HITRANS has been making what the former Deputy First Minister described as "steady progress" for six years now? Does he agree that it is now time to try out the HITRANS proposals and to reject both the landing charges option and the new entrant—aid having a social character—which many believe has been introduced as an attempt to foil the strategic transport partnership's proposals?
I can certainly confirm Mr Ewing's figures; indeed, the cost of a full-fare return flight between Edinburgh and Kirkwall or Sumburgh can at times approach £400. That was one of the issues that I discussed with the chairman of HITRANS, Councillor Charlie King, at a meeting on 20 July. That is why the final assessment will be with me this week; after that, I hope that it will go to ministerial colleagues to ensure that they make progress with the matter.
East Coast Rail Line (Electrification)
To ask the Scottish Executive what further negotiations it will hold in respect of the electrification of the east coast rail line. (S2O-7410)
There are no current plans to hold negotiations on electrification of the east coast main line.
The minister might be aware that his predecessor in post, Nicol Stephen, was a former chairman of the campaign for rail electrification from Aberdeen to Edinburgh—or CREATE—and would, I hope, support my call to make this issue an Executive priority. Under the new franchise agreement, First ScotRail has agreed improvements that promise to deliver higher performance standards in the network and improve service punctuality and reliability. Does the minister agree that electrification of the east coast line between Aberdeen and Edinburgh is a priority for the development of the north-east economy and the provision of a modern and efficient transport network?
The provision of a modern and integrated transport network is very much the point and is our overriding objective. I accept Nanette Milne's argument in relation to that. However, I know from the Executive's research that rail passengers look for and expect us to deliver on punctuality, reliability and the comfort of trains rather than on how they are powered. It is essential that we focus on that. However, I will continue the discussions that my predecessor had with the north-east Scotland transport partnership in relation to the strategic overview of transport spend. We will make the best progress that we can on delivering on the key priorities of punctuality, reliability and the comfort of trains.
Justice and Law Officers
Violent or Abusive Pornographic Material (Legislation)
To ask the Scottish Executive whether it will ensure that any legislation arising from the recently announced consultation by the Home Office and the Executive in relation to violent or abusive pornographic material will be primary legislation through this Parliament rather than United Kingdom legislation with a Sewel motion. (S2O-7460)
We intend to bring forward during this session any legislation that arises from the extreme pornography consultation. As was announced yesterday, there will be an opportunity to do that next summer in the sentencing bill.
Thank you. That is encouraging. Does the minister accept that there has been concern in the past that sometimes a Sewel motion has been used on a socially controversial issue that would have been better dealt with through full parliamentary legislation here? Will he look more favourably on trying to legislate in-house on controversial issues rather than using Sewel motions.
I do not accept Donald Gorrie's analysis. Any time we have used a Sewel motion, we have done so because that has been the most appropriate and effective way of dealing with legislation. Controversial issues have been dealt with in this Parliament and we will continue to try to bring through this Parliament whatever legislation is appropriate. However, we also recognise the value that is afforded to us by the Sewel mechanism, which will be used judiciously, appropriately and, I believe, sparingly, given the overall amount of legislation with which we deal.
High Court Reforms (Monitoring)
To ask the Scottish Executive what monitoring has been undertaken on the effect of High Court reforms since they were implemented. (S2O-7457)
High Court reform is working. The early, informal signs are very promising with, it seems, 1,000 fewer victims and witnesses having to come to court unnecessarily in the first six weeks. A full evaluation has been put in place and results will be available next September. It will look at reductions in the number of cases adjourned or needing extra time and at improvements in the experience of victims and witnesses.
I am grateful to the minister for his response and I am pleased to learn that initial indications are that the reforms have been positive. Will the Parliament be kept fully informed of the evaluation results so that it can ensure that victims and witnesses are seen as a priority in a swift and effective justice system?
Karen Whitefield makes a valuable point about the role and place of victims and witnesses in the judicial system. We have given significant emphasis in the Executive and Parliament to what many perceived as a gap in the support that is given to victims and witnesses. We have put in place a number of measures to give greater support to them and to recognise their role and the stresses and strains of being a victim or a witness in the courts.
Shoot to Kill (Police Authorisation)
To ask the Scottish Executive under what circumstances the police are authorised to shoot to kill. (S2O-7472)
The deployment of firearms by police officers is an operational matter for chief constables; however, such operations must be within the law. Force can be used to defend oneself and others; lethal force can be used only when there are reasonable grounds for believing that there is an imminent threat to life and that there is no other way of averting the danger.
In view of the tragic killing of an innocent Brazilian by the Metropolitan police and the concern that the police have been given some kind of licence to kill, will the Lord Advocate reconsider the Scottish Executive's policy that the deployment of firearms is an operational matter for chief constables, while accepting that chief constables should have the power to apply the rules in a specific case—for example, in hot pursuit of an armed terrorist? Will the Executive ensure that the basic rules of engagement are subject to some form of parliamentary scrutiny? The forthcoming legislation on police powers might be an opportunity for it to do so.
I accept the fact that Parliament is, rightly, concerned about the issues that arose from what happened in London. However, it is also right that the police officers, who are the professionals who are trained to make such decisions, should do so while being conscious that they must act within the law. It would be very dangerous for politicians to substitute their own judgments for those of trained professional police officers.
Dispute Resolution
To ask the Scottish Executive what measures it is using to help to resolve disputes without recourse to court proceedings. (S2O-7426)
We support and encourage the use of alternative methods of dispute resolution where that is appropriate. We have published guidance for the public on how to resolve disputes without going to court and we are providing support and funding for a range of mediation and advice services. That includes funding that was recently announced for two new in-court mediation pilot schemes and for the Scottish Mediation Network.
I note the encouraging news that there are to be two further in-court mediation pilot schemes to follow the one in Edinburgh. Has the ministerial team considered taking the opportunity to build on the success of the Edinburgh pilot scheme by using the Glasgow pilot scheme to go beyond merely dealing with the settlement of small claims?
Bill Butler is right to refer to the success of the Edinburgh project. When I visited it recently to open the new mediation rooms, I was impressed not only with the dedication of the volunteers who were there, but with the effectiveness of the scheme. It is in everyone's interest for people to achieve an early and amicable resolution to a dispute without having to go through the full rigours—with the associated time demands and cost—of a court hearing.
I am sure that the minister will agree that family mediation services have played a crucial—indeed, integral—role in matrimonial disputes and disputes over children. Is he therefore considering granting additional funding to family mediation services, whose role will increase under the Family Law (Scotland) Bill?
The funding of local projects should be a matter for responsible local agencies. There is an historical anomaly in the fact that the Executive funds 10 or 11 local mediation services throughout Scotland. We are seeking to rectify the situation by transferring the funding to a more appropriate local agency. I do not think that it would be right for the Executive to determine all decisions about funding for local projects. Taking that approach to its logical conclusion, we would not stop at funding family mediation; we would fund every local voluntary project through the Executive, which clearly would not work.
The family mediation and other mediation services are very effective and complement both criminal and civil law in Scotland. When is the minister likely to come to the conclusion of his review? What role will local authorities and, crucially, the voluntary sector play in helping him to reach his conclusions?
We have been in discussions with local government to establish an effective mechanism for the disbursement of funds for local bodies. I hope to reach a resolution in the near future. However, that does not take away from the pertinent point raised by Jeremy Purvis. There is a need for local government across Scotland—this reflects Christine Grahame's concerns—to recognise the value of such services. It is not for the Executive to dictate to local government what it should do with its funds. However, I encourage those in local government to look carefully at what is being delivered and achieved in their areas. I commend to them the value that is delivered by family mediation services and I exhort them not to underestimate the harm that would be caused if those services were not supported.
Procurator Fiscal Service (Cupar)
To ask the Scottish Executive what progress has been made to address recent public concerns regarding the Procurator Fiscal Service in Cupar. (S2O-7459)
The area procurator fiscal recently met members of the local bar, the sheriff, the chair of the local justices and other interested parties to reassure them of the Procurator Fiscal Service's continuing commitment to services in Cupar and Fife.
I thank the Lord Advocate for his answer, but I question how up to date his information is. Only last week, a serious criminal case was scheduled for Cupar. The accused was brought for trial and the police and security guards were present, as were the sheriff and sheriff clerk, but there was no one from the procurator fiscal's office. That resulted in the case having to be transferred to Kirkcaldy, some 20 miles away.
Could you treat that as a question, Lord Advocate?
I am aware of that case. I think that there was a mix-up with the transfer of the prisoner. I reassure Mr Arbuckle that I am aware of the concerns—and I know that the area procurator fiscal is aware of the concerns—about that particular case and another one, of which Mr Arbuckle is also, no doubt, aware.
I appreciate the answers that the Lord Advocate has given. As I am sure he is aware, I have also raised the matter with his colleague the Solicitor General for Scotland. Despite the assurances that the elected members for North East Fife have received, there are still reports of cases—including those involving serious assault—not taking place in Cupar and being abandoned as a result of the problems with the Procurator Fiscal Service and the sheriff court. Does the Lord Advocate agree that that is not in the interests of justice and, in particular, not in the interests of victims?
Of course I agree with that proposition, but I also think that it is right for us to address the issues of the Procurator Fiscal Service throughout Fife. One of the issues in the Crown Office and Procurator Fiscal Service is single-member offices. We need to address how those offices handle peaks and troughs, how we have a proper system of career development and progression and how we ensure that there is an efficient service that looks at the area interacting with its criminal justice partners. My commitment is not only to Cupar but to Fife. I seek to ensure that the service is properly managed in the interests of everyone in Fife.
Crime and Young People<br />(Diversionary Courses)
To ask the Scottish Executive whether it considers that diversionary courses, such as the methods deployed in the television series "Bad Lads Army", can play a role in turning young people away from a life of crime. (S2O-7390)
We have yet to see any evidence to demonstrate that such courses have a positive and long-term impact on reoffending rates. Most offenders are likely to present with complex social problems and they can encounter difficulties in reintegrating into their local communities. It is for those reasons that we are investing in programmes such as constructs—rigorous community-based programmes for young male offenders that independent evaluation has shown to be effective.
Does the minister accept that courses such as Highland youth advantage, which is run jointly by the Army and the Northern constabulary for male and female teenagers—"Bad Lads Army" without the beasting and physical punishment—have had remarkable success? The courses employ two features. The first is a mixture of physical education, exercise, training and lectures in citizenship and about drugs. The second—the essential part—is that they get young people who may be on the cusp of a career of crime away from their natural home habits and habitats and show them that there is a better way. Is the minister aware of the huge success of those schemes in the past four years?
I exhort Fergus Ewing to get in touch with the reality of dealing with youth offending, rather than in touch with reality TV. I suspect that his viewing habits are as socially useful as Alex Salmond's 2 am viewing of teletext. As far as the other issue is concerned, I have answered Fergus Ewing's question before. The matter is for individual forces to consider. A number of local initiatives throughout the country can make a contribution. We will examine with interest anything that is proven to do so. However, it would be wrong for us to dictate to local forces exactly what they should do in their areas.
Family Law (Scotland) Bill<br />(Scottish Women's Aid)
To ask the Scottish Executive whether it has had any discussions with Scottish Women's Aid regarding its concerns about aspects of the Family Law (Scotland) Bill. (S2O-7440)
The Minister for Justice and the Minister for Communities met Scottish Women's Aid in December when its concerns about aspects of the Family Law (Scotland) Bill were discussed. Since then, my officials have been in regular contact with Scottish Women's Aid.
The minister will be aware that, with the welcome introduction of responsibilities and rights for unmarried fathers, there are concerns that where a relationship breaks down because of domestic abuse, those rights could be exercised in a way that further abuses the mother and children. Will he continue his discussions with Scottish Women's Aid to determine whether a robust safeguard of mothers and children can be included in the bill?
I am aware of the concerns that have been expressed not only by Scottish Women's Aid, but by a number of other organisations. Clearly, we do not wish any child to be put into damaging circumstances. The whole of the Family Law (Scotland) Bill is predicated on the best interests of the child and that approach will continue to influence any decisions that we take. We will discuss with Scottish Women's Aid and others what can best be done to ensure that that happens. The one thing that I am clear about is that we will not proceed with any course of action that looks for any reason at the interests of any adult rather than at the interests of the child.
Electronic Tagging (Children)
To ask the Scottish Executive how many children under 16 have been electronically tagged under the Antisocial Behaviour etc (Scotland) Act 2004. (S2O-7464)
To date, six intensive support and monitoring service disposals have been made by the children's hearings system. One restriction of liberty order has been imposed by the courts on a young person under 16.
I understand from that response that only one child has been subject to the tagging system. Will the minister confirm that the partnership agreement states that the Executive will
I am not sure that I understand the logic of the question. I will clarify for Mike Rumbles. One restriction of liberty order was issued by the court. Six tagging—or intensive support and monitoring service—decisions were made by the children's hearings system. It is true that there was to some degree a slow start because some areas were slow to put staff in place. However, a responsible attitude is being adopted and people are committed to making the scheme work. We said at the time that there was no carte blanche; tagging is a particular disposal to avoid putting someone into a secure unit. That is the way in which the scheme operates and the numbers reflect the fact that people are carefully considering all other options before any decision is made. At the same time, tagging is an effective disposal and I certainly hope that those responsible in the local areas where the scheme operates look carefully at its use and that we see effective improvement in the behaviour of the individuals to whom it is applied.
Previous
First Minister's Question Time