SCOTTISH EXECUTIVE
Enterprise, Lifelong Learning and Transport
Question 1 has not been lodged and question 2 has been withdrawn.
Well-paid Jobs
To ask the Scottish Executive, in light of the recent closures of information technology manufacturing plants, what steps are being taken to encourage businesses to generate well-paid jobs and how such steps compare with those being taken in England, Ireland and Norway. (S2O-8996)
Both "The Framework for Economic Development in Scotland" and "A Smart, Successful Scotland" focus on raising productivity levels as a means of increasing economic opportunities and generating well-paid jobs. The Executive's investment in infrastructure, health, education and skills, along with our commitment to reduce business rates and reform the planning system, is creating an environment where businesses compete effectively in the global economy.
If the situation is as good as that, why, according to the Joseph Rowntree Foundation, do a third of people who are working in Scotland earn less than £6.50 an hour? Can the minister explain how the decision to exclude the earnings of those who work less than 18 hours a week from the annual survey of hourly earnings will aid his efforts to monitor progress and allay my fears that, for many people, this country is becoming an increasingly low-wage economy?
We will concentrate on raising productivity levels and increasing employment opportunities as a means of lifting people out of poverty. A key feature of that economic strategy is the minimum wage, which we set in our first year in power—that is, the Labour Government in Westminster set it in its first year in office. Allied to that, of course, are the tax credits that lift the tax burden from many of our low-paid workers.
There is one big difference.
—to name just two examples. Our policies have been cross-checked and cross-referenced and most of them are similar to those found elsewhere, in that they are determined to seek out opportunity rather than take a spatial approach to economic planning.
Edinburgh to Bathgate Rail Line
To ask the Scottish Executive what discussions it has had with Network Rail in respect of the dual tracking of the single-track section of the Edinburgh to Bathgate rail line. (S2O-8958)
Transport Scotland officials meet Network Rail, the promoter of the proposed Airdrie to Bathgate rail link, regularly to develop plans for the early delivery of the benefits of double tracking the section east of Bathgate.
I am sure that the minister will be well aware that, as well as widespread support for the reopening of the Airdrie to Bathgate line, there is a strong call from the people of West Lothian for the double tracking of the existing single-track section to improve the reliability of the service. I understand that Network Rail could, technically, progress that at an early stage of the project. Can the minister give both financial and moral backing to the early completion of the twin tracking?
Mr Muldoon makes a good point about reliability, which is one of the essential components of the delivery of this rail capital transport project. I can tell him that we are aiming to start work on the doubling of the current single-track section east of Bathgate by spring 2007. As he knows, that does not depend on the passage of the bill but can bring some early benefits to the scheme that we all want to see in place as quickly as we can.
I welcome the minister's statement. Commuters who travel on that line have severe difficulties meeting their work obligations because of problems arising from the lack of double tracking. If the minister could confirm that there will be an early start to the double tracking of that part of the line, that would send a strong signal of the Executive's full support of the extension of the line beyond Bathgate to Airdrie. An early start would be welcomed by our constituents and by employers in Edinburgh who are suffering because of the frequent late arrival of trains that use the line.
I cannot add greatly to the answer I gave Bristow Muldoon a moment ago. I can say that the arguments that have been developed in the context of the promotion of this line recognise the points that Fiona Hyslop has made with respect to the economy of the east of Scotland and Edinburgh in particular and the benefits that this capital investment project can bring to those areas. We are determined to progress it and I hope that I have given some indication of how we will do that in the context of the single-track section.
I have written to the minister, explaining that, on a daily basis, constituents of mine are put off the train at Livingston North or the train does not arrive at Bathgate to pick them up. Does the minister agree that that is totally unacceptable? Although I welcome what he has said about the dual tracking of this route, can he ensure that, in the meantime, First ScotRail does something to address the problems for the people who are not getting the service they deserve?
I would be happy to discuss with First ScotRail the issue that Mary Mulligan rightly raises. One of the aspects of delivering capital transport projects is remembering current commuters and others who currently use Scotland's rail services. Also, we should ensure that we can continue to improve, day by day, the delivery of rail services so that they meet the frequency and time schedules that I am sure are important to the people who use those services to get to work. I give Mary Mulligan an assurance that I will raise that issue with First ScotRail and see what progress we can make.
First Bus (Meetings)
To ask the Scottish Executive when the Minister for Transport and Telecommunications last met representatives of First bus and what issues were discussed. (S2O-8950)
I last met First bus representatives on 19 October last year for a general discussion about FirstGroup operations and current initiatives.
When the minister next meets representatives of FirstGroup, will he remind them of the significant public subsidy that FirstGroup receives, especially from the Parliament, in respect of the concessionary fares scheme? Will he ask them to take some responsibility for providing the many services that are required to meet social needs throughout Scotland, including those in my constituency? If they are not willing to do that, but continue to cherry pick routes in Glasgow and other areas, will he consider introducing legislation to regulate an industry that appears to suit itself rather than its passengers?
I appreciate Paul Martin's concerns. We have discussed them. I know that there are considerable issues around the withdrawal of some services and the proposals to withdraw some services in Glasgow, and the impact that will be felt by people in many parts of the city. I recognise the figures he describes and, therefore, that we might have to seek a degree of co-operation with respect to important bus services through financial mechanisms such as the bus service operator grant—which was some £56 million in 2004-05—the grant-aided expenditure for local authorities in the Strathclyde Passenger Transport Executive area and other initiatives that are funded through the bus route development grant.
I note the minister's reply to Paul Martin's question, for which I am grateful. The minister will have received a letter from me on the same issues, especially the announcement by First that it is going to axe 37 routes in the Glasgow area and the subsequent reply from the SPTE, which basically says that First's pricing is unable to meet the requirements, meaning that those routes will have to be axed.
We will be happy to consider a range of measures in the context of the national transport strategy. I suspect that local people who are represented by members of the Parliament would expect us to look closely at these issues rather more quickly than the national transport strategy may do, although it will lay out the framework that can be used in the context of the answer on quality contracts that I gave Paul Martin some moments ago.
Buses (Accessibility)
To ask the Scottish Executive whether it will consider introducing a requirement on all transport operators participating in its free bus scheme to use, within a reasonable period of time, vehicles which are fully accessible by passengers whose mobility is impaired. (S2O-8943)
No. The scheme will include local and long distance scheduled bus and coach services throughout Scotland. The timetable by which such vehicles must be accessible has already been set under legislation reserved to Westminster. It has been agreed in discussion with the transport industry and the Disabled Persons Transport Advisory Committee.
I have to thank the minister for his answer, but I confess that I am disappointed by it. I am sure he is aware that, when they are aggregated, the various subsidies local and national taxpayers give to the bus industry are similar in size to those given to the rail industry, which is rightly heavily regulated on issues that include vehicle standards. Is it not logical and equitable to expect the bus industry to be more responsive on access issues, especially as it already complies with similar standards for subsidised contracts in the SPTE area?
Mr Gordon does not have to thank me for anything; he is quite entitled to say that he does not agree with my answer. I know that he is knowledgeable about this subject, so he will be familiar with the regulations that have been drawn up with the manufacturers and operators in the transport industry, and with the Disabled Persons Transport Advisory Committee. Those standards have also been subject to considerable wider public consultation.
The minister will be aware that similar problems exist in the Scottish Borders, where there are very few low-rise buses. Commendable though concessionary free travel is, it is not much use to many borderers. Will the minister remind me of the date by when buses must be compliant with disabled access requirements? I think it is somewhere around 2020. Will he also advise whether Scottish Borders Council has applied for quality contracts? I understand that those requirements can be written into contracts with First when it is providing bus routes because, as the previous question indicated, First tends to cherry-pick routes.
My advice on the timescale is that all full-size, single-deck buses weighing more than 7.5 tonnes will be fully accessible from 1 January 2016, and all double-deck buses from 1 January 2017, although I grant that there are not so many double-deck buses in the Borders. However, since 1 January 2005, new coaches and buses weighing up to 7.5 tonnes have had wheelchair access. All buses that weigh up to 7.5 tonnes will be fully accessible from 1 January 2015, and coaches by 1 January 2020. Those dates were set down in the discussions to which I referred earlier and, I repeat, they were subject to widespread consultation.
Dalkeith Bypass
To ask the Scottish Executive whether, in light of the report on the environmental impact of the Dalkeith northern bypass by WA Fairhurst & Partners, it will cease work on the project. (S2O-8993)
No.
Well, is that not pathetic? The minister has given a one-syllable answer to a question on contaminated land. We are talking about contaminants that could be carcinogenic and the minister gives a one-syllable answer. Shame on him. I will continue with more than one syllable, as usual.
I thought that we would get some rewards for giving straight answers, but obviously not from the Scottish Socialist Party. I am afraid that Ms Kane wilfully misrepresents the report that she alleges to know something about. The environmental mitigation report prepared by WA Fairhurst & Partners does not support the ground investigation carried out on the scheme and, in that sense, it is clear that the findings are not as Ms Kane has indicated. The Scottish Environment Protection Agency, East Lothian Council and Midlothian Council were consulted as part of the new environmental mitigation report and assessment. No land in the corridor occupied by the A68 Dalkeith northern bypass has been designated as contaminated land under the terms of the Environmental Protection Act 1990. We have to deal in facts, even if Ms Kane does not.
There have already been several environmental impact inquiries into that development. Will the minister take it from me and from Rhona Brankin, the local constituency member, that there is overwhelming public support in and around Dalkeith for a bypass that will relieve serious congestion and pollution? What has been the cost of dealing with protesters who know little and care less about pollution in the Dalkeith area? Can residents and commuters in Midlothian and East Lothian have an assurance that the bypass and long-overdue improvements to the Sheriffhall junction will be constructed without further delay?
The cost about which John Home Robertson inquires is in the region of £1.9 million, although we have yet to receive final figures, due to the assessment process that has to be followed. The benefits of the scheme are widely understood and acknowledged, and he makes an extremely important point about the benefits to people who live in Dalkeith. It would seem that some people would very much like to see heavy goods vehicles continue to trundle through Dalkeith, but I think that most of us agree that that would not be good for local people. That is why, for some years now, there has been a strategic roads need to make the investment that we are now making.
Does the minister recognise that the report clearly states that the bypass will lead to the loss of valued woodland and that the authors admit that there is need for further investigation into potential contaminated land, which could contain mercury, arsenic and phenol? Does he further recognise that many of the people who felt that they had no option but to demonstrate on the site were local people who were worried about the impact of the bypass on their lives, and that without the multimodal study that was promised by Sarah Boyack in 1999 it is impossible to tell whether that bypass is the most effective way to relieve the genuine problems created by trucks and the like going through the centre of Dalkeith? Without that multimodal study, surely any attempt at a bypass would be reckless and ill judged.
It would be reckless and ill judged to ignore the Scottish Environment Protection Agency, which Mr Ballard clearly wishes to do, and to ignore East Lothian Council and Midlothian Council. All those bodies were consulted as part of the environmental mitigation report that I mentioned, which found that there is no need to designate land as contaminated land under the terms of the Environmental Protection Act 1990. I believe that that is the factual position, and I think that it is important to base any view on the issue on the facts that are presented under that act. I can only commend that approach to Mr Ballard. I cannot agree with his other assertions, other than to say that of course people have a right to make clear their views on any road proposal. However, it is important to recognise the benefits that the measure will bring to the centre of Dalkeith, and Mr Ballard continues to minimise those benefits.
Road Safety (Dumfries and Galloway)
To ask the Scottish Executive whether it considers safety on trunk roads in Dumfries and Galloway to be adequate. (S2O-8960)
In 2000, the Scottish Executive set a target to reduce the number of killed and seriously injured—KSI—accidents by 40 per cent by 2010 when compared with the 1994 to 1998 average. On Dumfries and Galloway's trunk roads, that target had been achieved by 2004. However, the number of injury accidents on our road network is still too high and we are committed to reducing accidents and improving safety on all Scotland's roads.
I am a trifle surprised by the minister's reply. I am grateful for the interest he has shown in the safety concerns arising from recent fatal accidents on the A76, but, sadly, I have to advise him that there have been several other serious and fatal accidents on other trunk roads in the Dumfries constituency—on the A75, the A701 and the A7—in recent months. Not a week has gone by recently without one of those trunk roads being closed due to a serious accident.
Elaine Murray has my assurance that the strategic overview that she seeks will happen in the context of the strategic projects review. I recognise her points about the recent fatalities on the A76. As she knows—we have discussed the matter in a recent members' business debate and at question time in recent months—we commissioned a report into safety issues on the A76 in response to some of the points that she and other members raised. The report is now being completed and a number of recommendations for safety improvements will be implemented in the forthcoming year. I am happy to discuss those with her when we meet in her part of the world in the coming weeks.
The minister will be aware that on a significant number of occasions the A75, one of the roads Elaine Murray mentioned, has been totally blocked for substantial periods of time as a result of collisions. Such collisions lead not only to personal injury but to economic loss in the area. Is the minister happy that sufficient resources are available to address two of the main causes of the accidents: lorry drivers who flout regulations and the very poor road alignments with which drivers have to contend?
I am sure that local members know much more about the matter than I do, but I understand that Dumfries and Galloway constabulary recently undertook operation juggernaut on the A75 to target goods vehicles contraventions. I hope that that was a useful exercise; it will be important for me to learn how that work went and what, if any, prosecutions followed from it. Those matters will be addressed through normal police enforcement activity.
Justice and Law Officers
Extraordinary Rendition
To ask the Scottish Executive whether it considers that the evidence presented to it by Amnesty International in respect of the use of Scottish airports by flights linked to acts of extraordinary rendition is sufficiently specific and credible to justify police investigation and what the reason is for its position on this matter. (S2O-9016)
No credible and reliable information has to date been brought to the attention of the police that the extraordinary rendition of any individual has been unlawfully facilitated through a Scottish airport. All information submitted to the police will be considered and action will be taken if there is specific information that justifies a criminal investigation.
The letter from Amnesty International, which I have seen, gives detailed and specific information, including the identification of specific planes and the names of people who have been subject to rendition. Does the Lord Advocate agree that that level of suspicion would, in the case of alleged drug smuggling or people trafficking, for example, be more than sufficient to trigger an investigation? What is different in the case of extraordinary rendition? What advice has the Crown Office issued to Strathclyde police about investigating the matter?
I am aware of the Amnesty International report, but I do not believe that it would be appropriate for me to have a continuing dialogue about whether one report or another—or one allegation or another—justifies action. The police will look at all the information that is presented to them and take action where appropriate.
Will the Lord Advocate take the opportunity to inform the chamber of his powers to instruct the police to commence a criminal investigation?
The initiation of a criminal investigation is, of course, a matter for the police in the first place. If the police decide to conduct a criminal investigation, they will have my full support. So far, the police have taken the view—correctly, in my judgment—that there is insufficient credible and reliable information to enable them to commence such an investigation.
People in the Highlands and Islands, including Amnesty members, are rightly concerned about Central Intelligence Agency rendition fights having landed in Wick and Inverness. Will the law officers assure them that our airports, which are ultimately owned by the Scottish Executive, are not being used to break international law?
We have no evidence that airports anywhere have been used to break international law. If such evidence is brought to our attention, the allegations will be investigated.
Noise Nuisance
To ask the Scottish Executive what powers police and local authorities have to deal with noise nuisance in residential areas. (S2O-8938)
A variety of measures are available to local authorities and the police to monitor and control noise in residential areas under, for example, the Antisocial Behaviour etc (Scotland) Act 2004, the Environmental Protection Act 1990, the Road Vehicles (Construction and Use) Regulations 1986 and the Civic Government (Scotland) Act 1982.
I am sure that the minister is aware of the powers that were introduced in the Antisocial Behaviour etc (Scotland) Act 2004, under which local authorities and the police can deal with noise nuisance in communities.
Before I touch on the 2004 act, I want to put on record the powers that are available under the Civic Government (Scotland) Act 1982 to the police and complainants. A complainant can take action against a pet owner under section 49(2) of the 1982 act, by making an application to the district court for an order to be made requiring the owner of the creature to take action to prevent the annoyance from continuing. Under section 43(2) of the 1982 act, the police can seize a dog if the owner refuses to comply with the court order.
From barking dogs?
I am sorry—complaints about barking dogs. Sometimes that may be the same thing.
Vulnerable Witnesses (Scotland) Act 2004
To ask the Scottish Executive whether the Vulnerable Witnesses (Scotland) Act 2004 has had a positive impact in respect of prosecutions. (S2O-8954)
Prosecutors are committed to the effective use of the new provisions to ensure that witnesses are able to give their evidence in a way that respects their needs. The Vulnerable Witnesses (Scotland) Act 2004 currently applies to child witnesses in solemn proceedings. The provisions in respect of vulnerable adult witnesses in solemn cases are to be commenced on 1 April 2006. It is too early to comment on the impact of the new provisions, but prosecutors report that, because the processes that are now in place are much more streamlined, special measures for children can be obtained more rapidly. It is clear that that is a positive development. In August 2005, the Executive commissioned a detailed evaluation of the impact of the 2004 act. The final report is expected at the end of August 2007. We await the research findings with interest.
I welcome the progress that the Solicitor General has described, but can she tell me whether the results that the 2004 act is delivering are uniform across the country, or are some areas making better use of the provisions than others? What action will be required to ensure that progress is made throughout Scotland?
The research has not yet been reported systematically, so the information that we have is anecdotal. In relation to solemn proceedings, central control is the role of the Crown Office and Crown counsel, especially in the High Court. We are aware that consistent guidance has been issued to prosecutors throughout the country and that the response seems to be positive, particularly if one takes into account the fact that children can now be certain that they will be able to give evidence using special measures, whereas before that was at the discretion of the court. The presumption that they will be able to give their evidence in that way, without being subject to a competence test, as used to be the case, gives children a great deal of confidence and enforces the act's effectiveness. Those provisions apply uniformly throughout Scotland.
Rural Policing (Strathclyde)
To ask the Scottish Executive what discussions it has held with the chief constable of Strathclyde police in respect of rural policing in the Strathclyde police area. (S2O-8994)
The deployment of police officers within a force area is an operational matter for the chief constable, although I recognise the important role that policing plays in rural communities. The chief constable of Strathclyde police has not raised the subject of rural policing in his area with me as an issue.
Is the minister aware that, because of the expected increase in the movement of people between the upgraded Oban Connel airport and the islands of Colonsay and Coll when the new airports there have been constructed, Strathclyde police are seeking additional funding to provide police services and police accommodation on those islands? Will she give me assurances that those requests will be met favourably and that, when there is so much media focus on crime in the Glasgow part of Strathclyde police's area of responsibility, manning levels for rural policing will not be sacrificed in the pursuit of lowering city crime levels?
Having the correct staffing levels is important to ensuring that we are able to tackle crime, whether it is committed in an urban or a rural environment. Over the past three years, the number of police officers in Strathclyde has increased by 428, taking the total number up to 7,769.
Jury Selection
To ask the Scottish Executive whether it has any concerns about the jury selection process. (S2O-8948)
The present jury selection process has operated satisfactorily for many years but we have noted the recent judgment of the High Court in the appeal of John Brown v HM Advocate and will be considering both the judgment and, in particular, their lordships' comments about the system by which potential jurors are excused and juries put together.
In light of the recent case, to which the minister referred, does she agree that we have to consider seriously the representation of women in the judiciary? Does she believe that the Judicial Appointments Board for Scotland can redress the balance, or is additional positive action required?
We have set up the Judicial Appointments Board and we are keen to ensure that a wide range of people put themselves forward for what are important posts. Members should be aware that only this week we published a consultation document seeking opinions on how to put things on a statutory footing, with a view to bringing in legislation in due course. I am sure that members will read the document with interest and I hope that they will submit comments.
I know that the minister cannot comment on particular cases without having seen the full transcript, but is she aware of any cases in which a woman has been on trial that have been decided on the basis that there were too many men in the pool of people from which the jury was to be chosen, or too many men in the pool of people who could be chosen to try the case?
I hesitate to give a definitive answer. All that I can say at this point is that no such cases have been brought to my attention so far.
Scottish Police Federation (Meetings)
To ask the Scottish Executive when the Minister for Justice last met the general secretary of the Scottish Police Federation. (S2O-8968)
I met the general secretary of the Scottish Police Federation and other members of its committee at the federation's annual conference in April 2005. The Deputy Minister for Justice met the general secretary at the meeting of the Police Advisory Board for Scotland on 31 October 2005.
As a result of those meetings, the minister will no doubt be aware of police concern about the risk of HIV infection from prisoners who are aggressive, who bite and spit and who attack police officers with syringes. In the most severe incidents, a police officer can spend six months waiting for confirmation of whether or not they are HIV positive. Does she agree that, when a prisoner wilfully attacks and endangers a police officer in such a manner, the rights of the police officer and his family should outweigh the right of the accused to refuse to undergo a blood test?
I remind the chamber that these issues have been raised on a number of occasions. The Scottish Police Federation submitted a petition to Parliament, and the Executive considered it carefully. As a result, we set up a working group to look into the issues in more detail. The Scottish Police Federation had the opportunity to be represented on the group.
Can the minister confirm that the Executive has a real understanding—more understanding than the Scottish Police Federation has demonstrated—that the diagnosis window, the likelihood of an infection even when there has been an attack with a syringe and the hard science on testing mean that someone who has been subjected to that—
Is there a question here, Mr Harvie?
I am asking the minister whether the Executive understands that a person who has been subjected to such an attack will still need to go through a test of their own to find out whether they have been infected. The delay and the stress will still be there, and the risk of false positives puts everybody's health at risk.
The points raised by Margaret Mitchell and Patrick Harvie show the range of difficult and serious issues that the working group had to consider. I was keen that the group was able to consider the issues in detail, and I look forward to further discussions when I have received fuller information. However, I hope that I can reassure Patrick Harvie by telling him that the working group has tried to take account of points raised on all sides of the argument. We have made sure that different views are represented on the group.
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