Rural Affairs and the Environment
Good afternoon. The first item of business this afternoon is portfolio questions on rural affairs and the environment. I would be grateful if questions and answers were succinct.
Peatlands Restoration (Emissions Reductions)
We are working with Scottish Natural Heritage to develop a peatland plan for Scotland. In support of that, on 22 October I announced funding of £1.7 million over three years for peatland restoration. The commitment is in recognition of the multiple benefits that peatland restoration and maintenance can provide. We have provided funding for restoration, in particular in the flow country of Caithness and Sutherland.
I draw the minister’s attention to evidence given to the Rural Affairs, Climate Change and Environment Committee in April that an average spend of £12 million per year over 10 years might be required if we are fully to grasp the opportunity. The sum might be arrived at by drawing down funding from a variety of sources, such as the common agricultural policy, the LIFE+ programme and Scottish Water, as well as the Scottish Government. What work is being done to determine how sufficient moneys can be amassed from such sources, to ensure that we fully restore Scotland’s peatlands and maximise their contribution to combating climate change?
The funding that is being provided will be used to develop and implement a peatland plan and will support physical restoration activity.
What is being done to educate the public and involve communities and schools, such as the school in which I used to work near Braehead Moss, in relation to lowland raised peat bog conservation? Lowland raised bogs are a rare and threatened habitat and their management helps with flood prevention and in many other areas, including biodiversity and carbon storage.
I acknowledge the point that Claudia Beamish made. I have met the Scottish Wildlife Trust, for whom raised bogs, particularly in lowland and central Scotland, are a key area of concern. I will shortly have a discussion with Michael Russell on how we can incorporate biodiversity and environmental messages into curriculum for excellence, and I will take forward the point that Claudia Beamish made.
Does the Government think that farm support schemes should recognise and reflect the value and public good of peatlands on farms and crofts?
I acknowledge the point that Jamie McGrigor made. It is true to say that we are still evolving our understanding of the impact of peatland in the context of abatement of climate change and sequestration of carbon. I will take on board the member’s message.
National Marine Plan
As is set out in the revised statement of public participation, it is expected that the national marine plan will be adopted towards the end of 2014. We will formally consult on a draft plan next summer. The timing allows for an integrated consultation that includes marine renewable sectoral plans and proposals for marine protected areas.
I thank the cabinet secretary for the timetable. The fast pace of development in the marine environment, including in the renewables and aquaculture sectors, was a key reason why the Parliament legislated for a marine plan in the Marine (Scotland) Act 2010. Is there scope to prioritise and bring forward the plan, so that it can provide certainty for industry and lead developments in such sectors, rather than being led by them?
One reason why we want to take a little more time before we consult on the draft national marine plan is that, in discussions with us, stakeholders said that they want everything to be looked at in the same context, in an integrated way. The plan will influence developments in Scotland’s waters for the next few decades, so we must get it right. We must look at all the issues in the round.
Recycling Rates (Improvement)
Prior to the establishment of the Scottish Parliament, Scotland’s recycling rate was under 5 per cent. Today our recycling rate exceeds 40 per cent and the zero waste plan has set Scotland on a path to 70 per cent.
Can the cabinet secretary expand on what is being done to encourage a cut in food waste and say what is happening across the country to expand food waste collections?
If the member is able to grab the occasional spare moment, he might see the good television advertising campaign that is currently under way and which encourages people to cut down on their food waste, given that one fifth of our household food ends up in the bucket, which is a cost to the budgets of homes across Scotland and to the environment.
Land Action Scotland
The Scottish Government supports community involvement in the local management and ownership of land, and Patrick Harvie will be aware that the Scottish Government has established the land reform review group with a view to understanding how land reform can support sustainable development.
I hoped for a slightly more ringing endorsement of the campaign’s objectives. It aims to
Approaches by land action Scotland to specific charitable organisations might result in specific changes, such as the Mount Stuart Trust’s decision to change its memorandum and articles of association to democratise the organisation and the similar moves in Applecross.
Does the land review group intend its meetings with land action Scotland to be undertaken in a similar format to the ones that it has had with Scottish Land & Estates, Community Land Scotland, the Development Trusts Association Scotland and the Scottish Tenant Farmers Association?
The land reform review group is independent of Government in terms of its choices on the gathering of evidence, although we are kept informed of what it is doing. If the member wishes land action Scotland to participate in the process, she should encourage it to write to the chair of the land reform review group and ask for a meeting.
Schmallenberg Virus
The Schmallenberg virus is a relatively low impact disease spread by midges, although infection during particular stages of pregnancy can lead to problems around lambing or calving time. Helping producers to make informed management decisions is key to minimising the impact of the Schmallenberg virus. The Scottish Government has therefore funded enhanced surveillance and delivery of guidance to veterinary practices, and it has worked with the industry to facilitate the testing of animals that are imported from affected areas.
Although no acute cases have been recorded in Scotland, it is clear that farmers who have recently imported livestock from high-risk SBV areas must be extra vigilant and ensure that introduced breeding stock are tested for the virus. I am aware that work is going on to produce a vaccine. Does the cabinet secretary have any detail on progress regarding an SBV vaccine and whether there is an estimated timescale for its introduction?
I should point out for the record that, so far, four premises in Scotland have been confirmed as having the virus, which compares with about 300 south of the border. Clearly, we must pay close attention to the issue.
I am sure that the cabinet secretary will agree that, in the case of any disease such as Schmallenberg, rapid reporting is important for its control. Where has the cabinet secretary got to in his consideration of the Kinnaird review, which recommended the closure of a number of Scotland’s veterinary investigation centres?
As the member might be aware, no decisions have yet been taken on the recommendations of the review, which we will consider in the months that lie ahead. Cases such as the outbreak of Schmallenberg virus—no doubt, that is the context of the member’s question—highlight the importance of our surveillance infrastructure in Scotland and why we have to get those decisions right.
Has the Scottish Government considered testing milk tankers for the virus rather than the more laborious method of testing individual farms, so as to identify potential sources more efficiently?
I highlight the point that the virus is midge borne, but I am happy to speak to our scientists to investigate Iain Gray’s point. I will perhaps drop him a note to explain the background on the suggestion that he makes.
Report on Proposals and Policies
That is a complex and wide-ranging project, and work is on-going to ensure that the draft report is sufficiently robust to remain relevant for at least the next five years. Our intention is to lay the draft report on proposals and policies, or RPP 2, in the Parliament by the end of 2012 and to ensure that there is adequate time for consultation. We will of course keep Parliament up to date.
Given that the first emissions target under the Climate Change (Scotland) Act 2009 was missed, how will the revised RPP for 2010 to 2022 ensure that Scotland meets all the future legally binding climate targets that the Parliament has set? Does the minister agree that an important part of that will be shifting as many proposals as possible into the realm of policies?
Malcolm Chisholm rightly points out that it is essential for Scotland to convert as many proposals in the RPP into policies as possible. Obviously, we will take that forward in the publication of RPP 2, the main focus of which is the period from 2022 to 2027. However, we will refresh the analysis that is presented in relation to the objectives that are set out in the RPP. The Government will certainly work hard to meet the legally binding annual emissions targets and the overall targets that have been set. The Government is determined to meet those targets.
Can the minister give me an assurance that, given the importance of RPP 2, the Government will focus on getting it right and that Parliament will be given adequate time to consider the document?
Angus MacDonald is absolutely right to ask that. We are conscious of the view in the Rural Affairs, Climate Change and Environment Committee and more widely in the Parliament that members are keen to ensure that they have adequate time to give feedback on the draft RPP 2 and ensure that it is a robust document. Given that there is considerable global attention on the document, it is important that it is robust and absolutely correct.
Committees in the Parliament are currently completing their budget scrutiny. How are any of us to have the faintest clue whether the Government’s climate change policies are adequately funded when we do not know how those policies will be changed to make up the lost ground from the missed target?
I recognise Patrick Harvie’s point—he has raised the concern about the tie-in to the budget on a number of occasions and did so again when we met recently. As I said in response to Angus MacDonald and Malcolm Chisholm, we will ensure that the document is robust.
Air Quality in Cities
The Scottish Government is working closely with local authorities, the Scottish Environment Protection Agency and other partners to improve air quality in cities. We support a number of local and national measures to tackle air pollution successfully. They include the establishment of a statutory framework and clear strategic aims for air quality and transport; providing grant funding for local authority actions; and providing advice and information through the Scottish air quality website and Scotland’s environment web.
Queensferry Road at Barnton and St John’s Road in Corstorphine in my constituency have some of the highest air pollution levels in the city of Edinburgh. What action is the Scottish Government taking to ensure that local authorities comply with carbon monoxide targets, to mitigate the health effects of air pollution?
As a former resident of the area to which Colin Keir refers, I recognise the issue that he raises.
Given that the failure to meet the European Union air quality directive targets can result in fines, what consequences does the Scottish Government believe that it will face if we continue to miss the targets?
I agree with Claire Baker that it is important that we meet our targets under the air quality directive. In partnership with Transport Scotland, SEPA, local authorities, the United Kingdom Government and others, the Scottish Government is working on a range of measures to ensure full compliance as soon as possible. Those measures are set out in detail in the UK’s application to the European Commission for a time extension to adapt to the targets.
Private Drinking Water Supplies (Quality Improvement Grants)
A total of 995, or 5 per cent, of Scotland’s 19,886 registered private water supplies have been improved in the past three years. Grants totalling £5,121,590 have been received.
Given the relatively low take-up rate, what policies and practices is the minister pursuing to advertise the grants and ensure that take-up improves in this particularly important area for public health?
The member raises an important point. Local authorities administer the private water supplies grant system on the Scottish ministers’ behalf. Many local authorities actively promote the system. For example, information is available on local authority websites and, when samples that are taken from private water supplies fail to meet standards, letters and leaflets are sent to owners and users.
Crofting Reform (Scotland) Act 2010
Excellent progress has been made towards implementing the 2010 act. The Crofting Commission has been established with a firm focus on becoming an effective regulator. It has become more democratic and, as the member is no doubt aware, I recently appointed Susan Walker as its convener. In addition, secondary legislation is almost complete, and instruments that relate to the implementation of the crofting register were recently laid before the Scottish Parliament.
The not unreasonable requirement for reports on how crofts are being used has caused some concern among crofters, who are not sure exactly what is required. What guidance has been or will be provided to grazings clerks and common grazings committees on the production of such reports on crofting activities in their areas?
The commission is discussing and consulting on how best to ensure that the obligation is met by all concerned. That will feature at the crofting assessors conference in Inverness on 21 and 22 November, which is one vehicle for ensuring that people are aware of the requirements.
Justice and Law Officers
North Ayrshire (Crime Levels)
Recorded crime in North Ayrshire has decreased by 5 per cent since 2007. In 2006-07, 9,871 crimes were recorded in North Ayrshire; in 2011-12, 9,378 crimes were recorded there. That welcome reduction is helping to contribute to the lowest levels of recorded crime in Scotland for 37 years.
To what extent does the cabinet secretary believe that the focus on innovative community policing, which has seen the number of community officers in North Ayrshire increase from 30 to 140 under the Scottish National Party, has contributed to the impressive fall in crime, which continues to decline?
Police officers throughout Scotland do a fantastic job, and the innovative work in North Ayrshire is simply a part of that. The Government believes that a visible police presence correlates with our having the lowest recorded crime in 37 years. The visible police presence reassures good citizens and deters those who would be bad. That is why we are delighted that we have maintained the 1,000 additional officers that we committed to: we have delivered them and they are working in our communities.
Given the high incidence of domestic abuse in North Ayrshire, the 7 per cent rise in domestic abuse incidents, the fact that “Third Force News” reports that two in three women are being turned away from refuges, and the fact that 30 per cent of domestic abuse charities are finding a funding deficit in 2011-12, what additional resources can the Scottish Government offer those vital services so that women who experience domestic abuse get the support that they need?
Significant and record funding is being put in to tackle domestic abuse. Much of the funding for dealing with the victims, apart from the support for Victim Support Scotland, comes through other portfolios. I have no doubt that my Cabinet colleagues would be able to comment on that.
The cabinet secretary will be aware of much of the comment surrounding the introduction of a single police service. Will the move to a single service impact on police numbers in Ayrshire?
No, I do not believe that it will. The deployment of officers will always be a matter for the chief constable, but as I said in response to Kenneth Gibson, we believe that it is the visible police presence that has got us to a 37-year low in recorded crime, together with the significant progress that we have made across other areas of crime. The whole purpose of reform is to ensure that we do not go down the route that is being taken south of the border, where almost 16,000 officers are to be lost. That is almost as many officers as currently serve—and will continue to serve—in Scotland.
Review of Expenses and Funding of Civil Litigation in Scotland (Report)
It is hoped that the report of the review of expenses and funding of civil litigation in Scotland will be published before the Scottish Parliament’s summer recess, which, as members will know, is set to begin on 29 June 2013.
Does the minister agree that the expenses and funding of civil litigation cannot be considered in isolation from the funding and operation of the courts? Accordingly, can the minister confirm that the Scottish Government will take account of Sheriff Principal Taylor’s findings before final views are formed on the future court structures project?
Although the Government does not implement anything in isolation, the Taylor review is independent and any recommendations will be a matter for Sheriff Principal Taylor. Ensuring that people can exercise their individual and collective rights and helping to resolve disputes fairly and swiftly are important pillars in creating a flourishing economy, and the Scottish Government has embarked on a series of national programmes that will deliver the most radical set of reforms to our courts and tribunals in more than a century and which must all be taken together. The making justice work programme will improve Scotland’s civil and criminal justice system by improving procedures and case management, which will widen access to justice and will also significantly change court structures on the basis of the proposals of the Lord President, Lord Gill. The findings of Sheriff Principal Taylor’s independent review, too, will be integrated into the making justice work programme.
Prison Estate (West of Scotland)
On 29 October 2012, I wrote to the Justice Committee advising that I had agreed the Scottish Prison Service chief executive’s recommendation that the SPS proceed to develop Her Majesty’s prison Inverclyde as a custom-made national prison for women offenders, with both the regime and the building fully meeting the aspirations and recommendations of the commission on women offenders. In order to facilitate that change of use for the planned HMP Inverclyde, HMP Greenock will be retained in the medium term as a local prison for male prisoners.
Is the cabinet secretary able to provide any information on the estimated economic benefits to Inverclyde of the building of the new prison in addition to HMP Greenock’s being kept open? Can he assure the chamber that when contracts are being considered Inverclyde-based companies have the opportunity to tender to ensure that Inverclyde itself can gain the maximum economic benefit?
Absolutely. The member makes a fair point. In addition to benefits from the building of the new prison, there will be economic benefits from the continuing operation of HMP Greenock, which will retain around 180 employees with an annual wage bill of £5.2 million. HMP Greenock also incurs expenditure of circa £2.31 million on a range of goods, services and utilities. The construction of the new 300-cell prison in Inverclyde, which will cost in the region of £60 million, should create substantial economic benefits; after all, a large project of that nature requires many different skills and will create employment opportunities.
Aside from the construction of the new prison at Inverclyde, which is long overdue, and dealing with the situation at Cornton Vale, what other initiatives have been introduced as a result of the recommendations made by Elish Angiolini’s commission?
We are taking a variety of measures. As we cannot move immediately to HMP Inverclyde, work is on-going at Cornton Vale to ensure that it is fit for purpose, that various issues are addressed and that there is investment in mental health services and so on. In addition, the first allocations are being made from the reducing reoffending change fund to support mentoring programmes for women offenders across Scotland. That was one of the clear measures identified by Dame Elish Angiolini’s commission to help to address reoffending and to keep women on the straight and narrow once they are released. I give the member my full commitment that the outstanding work of the Angiolini commission is being delivered and that we are seeking to work towards delivering the outcomes that the commission thought necessary and on which we concur.
European Arrest Warrant (Timescales)
Analysis of the six arrests in the past 12 months in respect of European arrest warrants that were issued in Scotland shows that three suspects were arrested within hours or a matter of days. One of those cases involved an accusation of murder, and an arrest was made in five hours.
The cabinet secretary will be aware that the European arrest warrant has been used successfully in my area to return alleged perpetrators to face justice for very serious crimes. However, is he as worried as I am that the United Kingdom Government is not only putting that at risk by withdrawing from European arrest warrants, but putting Scotland at risk by withdrawing completely from Europe?
I totally agree. I disagree with the way in which the matter has been handled by the Home Secretary, and we have registered our objections. The decision was made without any intimation to us, at a time when Strathclyde Police was actively making it clear that it was seeking to arrest an individual or individuals in Spain in respect of a very serious crime that had taken place in Scotland. Such a decision would not be helpful in promoting the interests of justice in Scotland.
Sexual Exploitation of Children
Essential work continues to be undertaken to ensure that that abhorrent form of child abuse is prevented and that the perpetrators are brought to justice.
The research that the cabinet secretary mentions indicates that there is a lack of robust evidence with regard to the numbers of children and young people who experience sexual exploitation in Scotland. We have, of course, all been scandalised by the disgraceful Savile affair and the failure by the BBC and others to reveal systematic child sexual abuse.
Adam Ingram makes a fair and valid point. As the report that I mentioned highlights, it is difficult to estimate the prevalence of child sexual exploitation in Scotland, just as it has been in the rest of the United Kingdom. The problem is not visible, and investigation is hindered by the differences in how the issue is defined, but action needs to be taken.
With the best will in the world—and I mean that—how can anyone truly support the long-term victims of child abuse and bring the perpetrators to justice when there continues to be a time bar in place for prosecution?
Rebuttals can be made, and such issues can be addressed. It is clear that we deal with civil matters and criminal matters differently. We are considering how to address those issues, and I assure Alex Fergusson that those who represent law enforcement will do their utmost in that regard.
European Union Membership (Legal Advice)
As the Deputy First Minister said in her statement on 23 October, following the Edinburgh agreement on 15 October ministers considered that the conditions existed to seek specific legal advice from the law officers on EU membership. That request was formally made to me on 23 October along with a request to disclose that fact. I gave my consent to the release of that information on 23 October, when the Deputy First Minister made her announcement to the Parliament.
I thank the Lord Advocate for that answer.
Let me deal first with whether the exceptional circumstances existed prior to consent being given on 23 October.
Order, please.
The member may also want to look at a letter from the Attorney General of the United Kingdom Government, dated 22 January 2011, to the shadow leader of the House of Lords. The Attorney General referred to the fact that it should be for Government to determine how to use the law officer resource, which legal advisers to engage in a given situation and at what stage to employ them.
Crown Office and Procurator Fiscal Service (Priorities)
Both the Lord Advocate and I are clear that the Crown Office and Procurator Fiscal Service plays a pivotal part in the delivery of justice in Scotland and we support the aims in the Scottish Government document “The Strategy for Justice in Scotland”. We have stated that our main priority for COPFS in relation to prosecutions and the investigation of deaths is to achieve operational effectiveness to ensure appropriate and proportionate action is taken in all cases.
I thank the Solicitor General for a very detailed response.
Perhaps it would be helpful if I made it clear that the role of the law officers as legal advisers to the Scottish Government is entirely separate to the role of the law officers in the independent criminal prosecution service. In my first answer, I was indicating the priorities for the Crown Office and Procurator Fiscal Service over the next two years.