Meeting of the Parliament

Meeting date: Thursday, December 9, 2010

Official Report 1127KB pdf

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Scottish Executive Question Time

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Justice and Law Officers

Question 1 is withdrawn.

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Scottish Final Court of Appeal

2. A dh’ fhaighneachd do Riaghaltas na h-Alba dè an sealladh a tha aige air a' mholadh gum bu chòir cùirt Albannach, seach Àrd-cùirt na Rìoghachd Aonaichte, a bhith na chùirt ath-thagraidh mu dheireadh ann an cùisean catharra agus cùisean eucoraich.

To ask the Scottish Government what its position is regarding the proposal for the final court of appeal in both civil and criminal cases to be a Scottish court rather than the United Kingdom Supreme Court. (S3O-12293)

In criminal matters, the Government believes that it is desirable to restore the historic position of the High Court of Justiciary as the final court of appeal, as it was prior to devolution. In civil cases, for as long as Scotland remains part of the United Kingdom, a range of complex questions would need to be resolved before consideration could be given to removing the historic link between the Court of Session and the Supreme Court—formerly the House of Lords. Of course, the Scottish Government’s preferred option is that, in an independent Scotland, the final court of appeal in both civil and criminal cases should be in Scotland.

In light of the unfortunate stance taken by the UK Supreme Court on a number of issues lately, does the cabinet secretary feel that it would be of benefit for the Scotland Bill to correct that 18th century anomaly?

It is an opportunity. The Advocate General for Scotland has indicated his willingness to look at certain matters. We think that the Scotland Bill offers an opportunity to restore matters, avoid some cases going to the Supreme Court and avoid fundamentally amending Scottish criminal law when that was never the intention either of the Westminster Parliament or this Parliament.

It is clear that the motivation for the question comes from the implications of the recent Cadder judgment. The Government’s priority must be to deal with the implications of that judgment as opposed to posturing on the independence issue.

On the Cadder judgment, it is now seven weeks since the emergency legislation was passed—

I am sorry, but that is not a supplementary to the substantive question.

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Human Trafficking

3. To ask the Scottish Government what its position is on human trafficking. (S3O-12310)

Trafficking in human beings is an abhorrent crime that has no place in a civilised society. Tackling that form of serious organised crime is a priority for the Government and we are working with others with the aim of eradicating it in Scotland. That work is being led by the Scottish Crime and Drug Enforcement Agency, which we have provided with £4 million of additional funding to boost its capacity to tackle organised crime. The agency has established a human trafficking unit, which is Scotland’s first expert resource dedicated to building the intelligence necessary to improve and support the investigation of human trafficking. The Scottish Government is also supporting the Equality and Human Rights Commission’s inquiry into human trafficking in Scotland, which is led by Baroness Helena Kennedy.

I ask the cabinet secretary to take account of recent evidence to the Equal Opportunities Committee from Amnesty International and in the anti-trafficking monitoring group report that suggests that the national referral mechanism does not cater for children’s needs. Does he agree with the aforementioned organisations that local authority child protection services should determine the trafficked status of children and not the UK Border Agency?

Trafficking is a complex matter on which it is appropriate that we all try to work together. I said in my evidence to the Equal Opportunities Committee that the important issue was which system was best for the victim. That means that we have to be able to deal with particular localities and work with local authorities.

On the separate UKBA point, it is a matter of record that Ms McKelvie, the First Minister, the Government and, I believe, most members in the chamber are deeply discomfited by some of the actions that the UKBA is taking. We must always remember that we are dealing with victims, and that applies most particularly when we are dealing with those who are vulnerable, such as children.

I am sure that the minister is aware of the connection between the trafficking of people into this country and the demand for prostitution. Indeed, there is evidence of women who are brought in for domestic services and who end up being forced into prostitution. In the light of that connection, will he make a commitment to consider the proposal for a bill lodged by Trish Godman, which seeks to address the whole issue of criminalising the purchasing of sex, and to do all that he can to support the intention behind the proposal? Such a bill would have an impact on the likelihood of people being trafficked into the country.

I think that this Government has already dealt with the issue of on-street prostitution. We legislated on that issue early on, and we increased the penalties for those involved in running brothels and in other such matters in the Criminal Justice and Licensing (Scotland) Act 2010.

We are aware that, in many ways, off-street prostitution is tied in with human trafficking and, indeed, with serious organised crime. It is for that reason, as I said in answer to Christina McKelvie, that we have been co-operating with Baroness Helena Kennedy, who is carrying out an investigation and to whom I have given evidence. Our justice directorate, the Scottish Crime and Drug Enforcement Agency and the Crown are fully supporting her. We should await the outcome of her review; thereafter, I think that it would be appropriate for us, as a chamber, to seek to act upon it.

Does the cabinet secretary consider that there is enough awareness and expertise yet among the agencies that deal with trafficking? He will recall the difference between the lack of prosecutions and convictions in Scotland that previous figures have indicated and the reasonably substantial evidence of the problem indicated in the figures from organisations such as the trafficking awareness raising alliance. Have there been any prosecutions or convictions for human trafficking in Scotland yet? Can he give us any other assurances about the level of awareness among the agencies of such activity?

The Solicitor General for Scotland advises me that there have been convictions, and we are also aware of people in Scotland who have been involved in Northern Ireland, where a Scottish gang was convicted. We clearly co-operate with the authorities, such as the Police Service of Northern Ireland and the justice directorate across the Irish channel.

We know that matters are on-going, but we are dealing with people who are often frightened and who, in many instances, have a different view of the police and the prosecution than we do in this country. We have to raise awareness, but there are some areas of the country where it is perhaps less prevalent than it is in others.

I think that I can give Mr Brown, who I know has pursued the matter doggedly, an absolute assurance that all of us, whether in the SCDEA, the Crown Office, the voluntary agencies or, indeed, the chamber, are looking to learn what the extent of the problem is. That is what we are looking to establish through Baroness Helena Kennedy’s investigation, which we will seek to act on, whether by providing resources—albeit that this is a time of financial austerity—by making legislative changes or by addressing attitudes. I think that there is a common will in Scotland, as in the chamber, that trafficking is abhorrent and that we have to deal with it.

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Emergency Services (Hoax Calls)

4. To ask the Scottish Executive what assessment has been made of the total cost to the emergency services from hoax calls received in each year since 2007. (S3O-12242)

Assessment of the cost of hoax calls to the emergency services is a matter for individual services, and information is not held centrally. It is likely that any costs will vary depending on the circumstance of the call. Hoax calls divert services from dealing with real emergencies, and the Scottish Government continues to support the emergency services in their efforts to reduce the number of hoax calls.

The response to a written question on the number of people prosecuted for making hoax emergency calls indicates that only 26 people were prosecuted last year out of a total of 3,267 hoax calls received. I agree that our emergency workers are unsung heroes and that any attempt to waste their time and resources must not be tolerated. Given the likely considerable cost to our services, what action can be taken to ensure that those who make hoax calls are held to account and face prosecution when appropriate?

Hoax calls to our emergency services waste vital time. If a fire appliance is misdirected to a bogus call, for example, the appliance could be diverted from vital life-saving action in a real emergency. That is why the issue is so important.

Like members throughout the chamber, the member will be aware that hoax callers tend not to give their name and address. It is therefore scarcely a surprise that it is not easy—particularly when the hoax call is made from a public telephone box—to identify someone who hides, in a cowardly way, behind the cloak of anonymity.

However, having looked into this serious matter, I understand that 80 per cent of cases that are reported to the procurator fiscal are prosecuted and there is a high conviction rate. I have confirmed with my colleagues in the Lord Advocate and Solicitor General’s department that it is taken extremely seriously.

I am pleased to say that, in the past few years, there has been a significant reduction in the number of hoax calls and malicious calls that are made both to the fire services and to the police, which are treated differently under the law on those two emergency services. The reduction is due not least to fire safety campaigns and campaigns such as Lothian and Borders Fire and Rescue Service’s cool down crew initiative, which make young people aware of the utter folly of hoax calls and the potentially serious risk that they create in our country.

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Crime (Fife)

5. To ask the Scottish Government what steps it has taken to reduce crime in Fife. (S3O-12305)

The Scottish Government supports a number of successful initiatives to reduce crime in Fife. The work of Fife police, alongside that of local community safety partners, contributed to a 12 per cent reduction in crime between 2008-09 and 2009-10. In real terms, that equates to 3,000 fewer victims of crime. This is the fifth consecutive year in which Fife Constabulary has recorded a decrease in the number of crimes.

Fife police are involved in a number of initiatives to reduce crime in the region, such as the intelligence-led local action supporting enforcement and reassurance—LASER—operation, the community engagement model, and the partnership tasking model.

Is the minister aware that the two police teams in my constituency, in Glenrothes and Levenmouth, have both announced that crime rates continued to fall in the latest quarter, building on the great work of the past few years under the Scottish National Party Government in reducing crime and the number of victims of crime? Will he join me in congratulating the chief officers and all the other officers on their continuing efforts to make Glenrothes and Leven safer than they have been for many a year?

I am happy to agree with the sentiments that my colleague expresses, although I would apportion the considerable success not to any particular effort on my part but rather to the excellent efforts of the police and all those who work in the community safety teams in Fife. I understand that the community engagement model was developed in Levenmouth. The alcohol diversion scheme was highly commended at the recent Scottish policing awards in November 2010, and a project with the rather dramatic title of the revolution bus was noted as making an outstanding contribution. All those activities have been considerably helped by the Scottish Government enabling Fife, like all other parts of Scotland, to gain more bobbies on the beat.

Will the minister respond to the concerns that a spokesman for Fife police expressed when he said:

“There can be no doubt ... that the scale of the cuts being faced will mean a reduction in the level, and potentially breadth, of service provided by the force”?

Does he recognise that the level of cuts to Fife police will threaten the very continuation of diversionary and community projects such as the revolution bus, which he mentioned? The police deliver such projects by going above and beyond their regular services. Does he agree that the cuts will negatively impact on the crime figures in Fife?

I think that that takes us well and truly into the area of party politics.

I suggest to the member that, rather than fret and worry unduly about what might happen in the future, we should acknowledge the excellent efforts, which were mentioned by Tricia Marwick, that have taken place in the past and are taking place at present. As I said, they have resulted in a substantial reduction in crime in Fife—including knife crime, a matter that is frequently raised by the member’s colleagues—and a general improvement in community safety in the kingdom of Fife. I expect that everyone who works in justice, in community safety and in tackling crime in Fife will rise to the challenge. In that respect, they will be considerably aided by the excellent budget proposals that John Swinney has put forward, which will provide the wherewithal for that good work to be continued.

Question 6 was not lodged.

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Childhood Abuse

7. To ask the Scottish Executive whether it will commit itself to a comprehensive human rights-based approach to securing effective access to justice, effective remedies and reparation for survivors of childhood abuse, including those victims of historic abuse whose cases are currently blocked from being brought before the courts by prescription or time bar. (S3O-12280)

As I have recently discussed with Mr McNulty, early next year we will carry out an open, public consultation on the law on prescription and limitation. Our approach will certainly take full account of human rights considerations, as we are bound to do by the terms of the Scotland Act 1998.

I look forward to that consultation. I draw the minister’s attention to the Scottish Human Rights Commission’s response to the Public Petitions Committee on petition PE1351. The SHRC’s response refers to

“the dignity and determination of those who have been subject to gross human rights abuses in the past and continue to seek justice, remedies and reparation.”

In a number of recent court cases, senior judges have indicated that the current law is unfit for purpose and that victims of historic child abuse must have better access to justice, including legal aid. I hope that in developing his consultation document the minister takes those issues into account.

Des McNulty makes a very reasonable and sensible point that he and Marilyn Livingstone raised with me at a recent meeting that we had on this topic. I understand that, weather permitting, Shona Robison, Adam Ingram and I will address some of the issues at the next Public Petitions Committee meeting. I should also add that these are the most sensitive issues that the Parliament can address and we will certainly give careful consideration to the SHRC’s points and the point about legal aid that Des McNulty has just raised.

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Prison Capacity (Friarton Hall)

8. To ask the Scottish Executive whether it will consider using Friarton hall to increase prison capacity in Scotland. (S3O-12241)

The prisoner accommodation in Friarton hall is not fit for purpose and would require significant investment before it could be used to house the mainstream prisoner population. There are no plans to make such investment.

Does the cabinet secretary agree that when there is such pressure on prison places it makes little sense to have an asset such as Friarton hall lying underutilised and empty? I am aware that the Scottish Prison Service is putting together proposals for the redevelopment of the building. Will he seriously consider those proposals to ensure that we are making best use of the prison estate?

Absolutely. I thank Murdo Fraser for the tenor of his question and the manner in which he asked it. Discussions are on-going. Although these are operational matters for the Scottish Prison Service, I point out that we operate with partners and today I met not only the SPS but the Prison Officers Association to discuss Friarton and other issues. The various issues are being borne in mind in discussions and decisions will be made shortly.

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Antisocial Behaviour

9. To ask the Scottish Executive what progress it has made in tackling antisocial behaviour. (S3O-12281)

The Scottish Government is committed to making our communities safer and stronger. With record numbers of police on our streets and a renewed focus on prevention and education, that commitment has resulted in recorded crime at its lowest levels since 1978, including a 15 per cent reduction in vandalism last year alone.

Our innovative approach to tackling antisocial behaviour is set out in “Promoting Positive Outcomes: Working Together to Prevent Antisocial Behaviour in Scotland”, which was published in spring 2009 and continues to have the full support of the Convention of Scottish Local Authorities, the Association of Chief Police Officers in Scotland, the Society of Local Authority Chief Executives and Senior Managers, academia, the third sector and other partners. The first annual progress report to Parliament on implementing the framework was published on 30 November.

I have recently had to deal with a case in my constituency in which a young tenant who, sometimes under the effects of drug abuse, has been involved in antisocial behaviour, terrorising neighbours, some of whom are elderly and living alone. The local authority said that it was limited as to what it could do because the sheriff was happy to deal with drug offences but clearly did not see antisocial behaviour as anywhere near as serious. What is the Scottish Government’s view of the response by both the local authority and the sheriff? Is it common? What can the Government do to assist my constituents?

Obviously, I do not know and am not familiar with the case that Mary Mulligan has referred to. However, in tackling antisocial behaviour, local authorities still have available to them various tools, such as antisocial behaviour orders, and can take many other statutory measures that were passed by the Administration of which she was a member.

We would study any comments that the sheriff made on the matter, but I am not aware of the substance of those comments. Of course, it is the sheriff’s job to deal with the prosecution of crime. Some aspects of antisocial behaviour may not necessarily constitute criminal behaviour and may be more appropriately dealt with in other ways. We generally need to tackle the causes of crime, and addiction to illegal drugs is one of the most serious contributory factors in relation to crime. In that context, I am pleased that we have support across the chamber for the delivery of our drugs strategy, which I hope will bear fruit.

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Rural Affairs and the Environment

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Food and Agricultural Co-operatives

1. To ask the Scottish Executive how it plans to promote food and agricultural co-operatives in Scotland. (S3O-12258)

The Scottish Government works closely with the Scottish Agricultural Organisation Society and other key partners in the industry to address issues across the supply chain. We hope that we can continue to build and strengthen our relationship with the SAOS to provide support to allow businesses throughout the agri-food sector to collaborate to gain economies of scale, reduce costs and, we hope, improve profitability.

The minister will appreciate that, as a Labour and Co-operative Party MSP, I am keen to see significant growth in the sector, particularly in community co-operatives, which are becoming increasingly important throughout Scotland. Given that three of the remotest community-owned shops in Scotland featured strongly in the community regeneration awards last week, will the minister acknowledge the vital contribution that community-owned shops make to the viability of rural communities? Will she agree to meet the Community Retailing Network to discuss how best the Government might support such ventures?

My colleague Richard Lochhead and I are, of course, happy to meet people, and I look forward to a request for a meeting from the organisation concerned.

The member represents a Glasgow constituency, and he may or may not be aware of the support and help that is given via the SAOS to farmers markets, one of which may take place in his constituency—I am not certain about that. Farmers markets are an example of co-operatives that perhaps people do not really think about as co-operatives. There are many other examples of very good co-operative endeavour in rural Scotland.

The turnover of the top 10 SAOS members is £1.9 million, and there are machinery rings throughout Scotland that turn over £55 million annually. The co-operative idea is strong, alive and thriving in rural Scotland, and I appreciate the member’s concern about the much smaller co-operative ventures that we also support.

I declare an interest as a council member of the SAOS.

The minister may be aware that the previous Westminster Government started a project on updating the legislation that governs the development of agricultural co-operatives in Scotland. I understand that that project was not completed. What discussions is the minister having with United Kingdom ministers and the Department for Environment, Food and Rural Affairs to get that work done and make the legislation fit for purpose in Scotland as soon as possible, and to remove that barrier to the development of co-operation and co-operatives in Scotland?

I fear that I might disappoint the member in saying that I personally have had no discussions on progressing that matter with officials from DEFRA. However, the member will be aware that there has been active co-operation between the wider movement and the Government, and that serious funding has been provided when that has been required. Co-operative ventures in Scotland have improved throughout the period of the Government’s administration, and I expect that to continue, but I will take on board the member’s specific request and try to establish exactly where we are with the legislation, which has, as he said, not gone anywhere down south. Of course, I hope that he is also pressing his own party in government in Westminster to consider the matter.

The issue of access to capital has also been raised. I have been asked how co-operatives can compete with the big European co-operatives, which have much easier access to capital that has built up over many years. Is the minister prepared to consider the giving out of resources under the Scotland rural development programme? I have been told by the co-operative movement that smaller co-operatives cannot get access to capital, which makes it hard for them to put in bids under the SRDP when they have to put money up front.

I wonder whether, in those circumstances, the smaller co-operatives are in a different position from that of any small business. Currently, there is a significant issue about access to investment capital. If the member has specific cases in mind, I would be keen for her to give us information on them, because it would be helpful for us to try to ascertain whether there are specific obstacles that relate particularly to co-operatives. It would be useful to investigate that.

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Zero Waste

2. To ask the Scottish Government what progress is being made towards making Scotland a zero waste society. (S3O-12299)

Progress continues to be made in helping Scotland to become a zero waste nation that makes the most of its resources. Scotland has already met the 2013 European Union landfill diversion target, with 17 local authorities now recycling more than 40 per cent of the waste that they collect. In addition, the Scottish Government has launched a consultation paper that looks at separate collections, restricting inputs to energy from waste facilities and banning certain materials from being landfilled. The Government, with zero waste Scotland, will continue to work closely with all the partners, who will be vital to the successful delivery of the zero waste plan, including the achievement of future targets.

I welcome the progress that the Government is making. If we are to meet the target of sending a maximum of 5 per cent of all waste to landfill by 2025, how we deal with food waste will be crucial. Food waste is a valuable commodity. If all the food waste that is currently produced in Scotland was captured and treated separately, it could generate enough energy to power the city of Dundee. What actions are being taken to reduce and recycle food waste?

The member is right that we must treat food waste as a valuable resource. That is why we are currently consulting on draft legislation for separate food waste collections and stopping waste food from being landfilled, which generates climate-damaging methane emissions. The Scottish Government is also driving the development of anaerobic digestion capacity, which is currently at 38,000 tonnes, with capacity of 231,000 tonnes under construction or approved. That will deliver valuable sustainable energy and soil conditioner. We are also developing support mechanisms and committing an additional £2 million in the draft budget to help local authorities to make progress on separate food waste collections.

Does the minister agree that, as valuable as technologies such as anaerobic digestion are, the emphasis should be on not wasting food in the first place? Prevention is always higher up the waste hierarchy than re-use or burning. What action can the Government take, possibly working with the grocery retailers forum, to encourage retailers to take action that prevents people from creating food waste in the first place?

The member is right. The Government continues to support the love food, hate waste campaign, which is a key driver on the issue. We are working constantly with retailers on several issues, including that one. However, it is a little difficult for retailers to drive down food waste if people continue to buy far more food than they can possibly eat. I suspect that many of us are guilty of that from time to time, and I do not exempt myself from that. There are a number of conversations and developments, and they will continue. All of us, including retailers and individual consumers, have to play our part.

Question number 3 was not lodged.

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River Basin Management Plans (Assistance to Farmers)

4. To ask the Scottish Executive what special assistance to farmers is in place or is planned to reinstate water meadows and plant trees as part of the roll-out of the river basin management plans. (S3O-12334)

Financial assistance to help farmers to deliver environmental improvements generally is available via the Scotland rural development programme. That includes measures to improve water quality and biodiversity and to mitigate flooding, all of which could include the issues that Robin Harper raises.

The minister will be aware that the Water Environment and Water Services (Scotland) Act 2003 received royal assent on 5 March 2003 and that Scotland was one of the first countries in Europe to incorporate the European water directive in that way. Seven years and two Governments later, we appear not to have made very much progress. Does the minister agree that, at this rate, we are in danger of being one of the last countries in Europe to put our act into action?

I am not sure that I take such a pessimistic view as Robin Harper takes. We are doing a number of things to help. The Forestry Commission has launched a pilot scheme under which it will lease land from farmers to create woodland and return it to them. The commission hopes for around 400 hectares under the pilot. Obviously, if the pilot is successful, we can roll it out.

There are several measures in the rural priorities part of the SRDP under which land managers can be funded for peatland work. We have spent some £2 million on measures that relate directly to peatlands. That includes money that has gone to RSPB Scotland for peatland restoration under the current SRDP. Obviously, many of the things that require to be done require money, and finding money in the current financial circumstances is not always easy. However, this Government is always prepared to do what is considered necessary if the applications that are received are substantial and can be substantiated.

In light of recent adverse comments in the press in connection with the pilot project to reintroduce beavers to Knapdale in Argyll, does the minister envisage that beavers in river basins will chop down newly-planted trees, thereby causing flooding?

The pilot project that is taking place in the west of Scotland will be assessed at its close—any and all of the information will be looked at—and, at that point, it will be considered whether the species is capable of being reintroduced into Scotland and whether it is desirable to do so. I am not aware that, in the current scenario, beavers are chopping down trees across the board in the way that the member suggests. Beavers are, of course, woodland engineers. In the areas where we are looking to reintroduce them, the surrounding wetland badly needs thinning out. The beavers are doing an important job.

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Rural Priorities Scheme (Clyde)

5. To ask the Scottish Executive how many applications in the Clyde area were received for the last round of funding from the rural priorities scheme and how many were successful. (S3O-12264)

For the rural priorities assessment round in October, there were 20 applications in the Clyde region. Sixteen were approved—that is 80 per cent of applications—which is worth around £1.3 million for the Clyde area.

I welcome the number of successful bids in the area and the progress that has been made. I draw the minister’s attention to the application from the Coalburn Miners Welfare Charitable Society one-stop shop, which received a very positive report, but which was, in the end, unsuccessful. Clearly, there is disappointment at the result. Can the minister suggest how best the group can receive feedback on why its case was not successful and give advice on how to be successful in future funding rounds?

I congratulate the local bodies in the member’s constituency that have worked together to improve the volume and quality of applications for rural development support. There was a much-improved success rate in both the August and October rounds. The rate is now in line with the national average.

I understand the disappointment of those behind any unsuccessful application bid. I expect that the rejection of the Coalburn Miners Welfare Charitable Society one-stop shop application was tough for those involved to accept. Of course, bidding for rural development funding is competitive, which can mean that good applications are ultimately unsuccessful. That does not mean that they were not good applications; it means that there were better applications. The group can get feedback to try to establish what it could have done that would have changed the outcome. I understand that the application did not demonstrate sufficiently that it would deliver key regional and national outcomes. Perhaps the group needs to have another look at how it can make the bid work in that respect.

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Locally Grown Produce

6. To ask the Scottish Government what it is doing to encourage greater use of locally grown produce by businesses. (S3O-12314)

Scotland’s first national food and drink policy sets out how the Scottish Government, its agencies and industry partners are helping Scottish food and drink businesses to succeed and enhance Scotland’s reputation as a land of food and drink.

There are those in the hospitality sector who would welcome the opportunity to purchase locally grown surplus produce from allotments. Doing that would provide an economic boost for those who work the allotments and reduce the carbon footprint of the hospitality industry. However, it seems that local byelaws in some areas prevent such purchases from happening. Will the minister undertake to work with local authorities to look at easing such restrictions to allow the hospitality industry to make use of a fantastic local resource?

The primary purpose of allotments is to create a community amenity that provides food for owners and their families, rather than property from which to conduct commercial businesses, so we need to be a little careful about that. However, the hospitality industry is free to make arrangements to purchase allotment produce in small quantities, if it is surplus to the owner’s needs. Obviously, that must be done on a case-by-case basis, but the sale of surplus produce is consistent with the Allotments (Scotland) Act 1922 and Convention of Scottish Local Authorities guidance on allotments in Scotland.

In individual cases, consideration may need to be given to other issues such as tax, insurance, health and safety, and traceability, but there is no reason in principle why the sale of surplus produce should not happen. As the member said, byelaws are made by local authorities, which have the power to allow that to happen at local level and are best placed to conduct a full assessment of what is required locally.

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Local Food

7. To ask the Scottish Executive what it is doing to encourage the promotion and marketing of local food including meat from native breeds and produce from integrated farming systems. (S3O-12250)

The Scottish Government provides support to the agriculture and food processing sectors for marketing and development through the food processing, marketing and co-operation grant scheme and the market development grant scheme.

Will future Scotland rural development programme mechanisms under the common agricultural policy after 2013 provide incentives for food producers who provide public benefits to the environment and human health and help to address climate change by producing local food, farming native breeds and promoting integrated farming systems?

I regret to advise the member that I forgot to bring my crystal ball with me to the chamber. It is not really possible for me to say what the future will hold, but I can tell the member that the Government intends to be able to support such ventures in Scotland and will argue for that, if it can. However, we are not certain how things will work out in the future.

As I am sure the member knows, good things are already happening in respect of beef labelling for rare breeds and through the Scottish venison working group. Good projects are on-going under the national food and drink policy, which remains a first in the whole United Kingdom. I hope that the member will take that as an indication of the Government’s intent at every level to produce a situation in Scotland that allows big and small producers, local and national, to access the benefits of the policy.

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Food Production (Standards)

8. To ask the Scottish Executive what action it is taking to promote high standards of food production in Scotland. (S3O-12283)

Our farmers strive constantly to meet the highest possible production standards. The Scottish Government provides support to improve food production standards through the Scotland rural development programme, which offers farmers assistance to participate in food quality assurance schemes and to improve animal welfare under land managers options.

Does the minister support the Farm Animal Welfare Council’s new approach to animal welfare, which moves away from the five freedoms and promotes the concept of a good life worth living? Given that at this time of year demand for poultry, in particular, is at a peak, will she outline what the Government could do further to promote the purchase of free-range goods?

In all that the Government does, we are asking consumers, whether they be individual, retail or company consumers, to look closely at the provenance of our food. We have a number of schemes in place. The provenance on a plate toolkit allows local restaurants and retailers to put local food on menus. If we were to mandate individuals to buy certain kinds of produce rather than others, we would be stepping a little beyond our remit, however much we would like to encourage and personally to provide examples of such behaviour, where possible.

Question 9 has been withdrawn.

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Climate Challenge Fund (Eligibility)

10. To ask the Scottish Government whether the recently announced increase in the climate challenge fund, or any future similar funding, will be available to groups who have temporary or short-term leasing. (S3O-12251)

There is no specific exclusion for projects that involve temporary or short-term leases in the application criteria for the climate challenge fund. If a community applies for funding, it is important that it demonstrates how it will achieve both significant carbon emissions reductions and a positive legacy for the community.

There might have been a feeling abroad that short-term leasing was not a good idea and did not give groups enough time to dig in—literally—and produce better reasons for their use of the funding. If we consider, for example, the evidence that has been produced by Royal Edinburgh community gardens, we can see that, over one year, there have been many benefits. People get into the idea, and where they have only short-term use of land, they are likely to go on to another area for leasing.

I am not certain that there was a question there, Presiding Officer.

Neither am I.

I can reassure members that the climate challenge fund is not based on length of lease; it is based on outcomes. If people can demonstrate that the outcomes fit with those that are required under the climate challenge fund, their project will be worthy of as much consideration as any other project.