Plenary, 10 Feb 2005

Meeting date: Thursday, February 10, 2005

Official Report 712KB pdf

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Question Time

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SCOTTISH EXECUTIVE

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Enterprise, Lifelong Learning and Transport

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Manufacturing

To ask the Scottish Executive what action it is taking to assist the manufacturing sector. (S2O-5404)

Manufacturing remains vital in both its direct and its indirect contribution to the Scottish economy. That is why we announced to the Parliament last year the establishment of a Scottish manufacturing advisory service, which will assist in the provision of product and process innovation best practice to manufacturers in Scotland. The service will become operational later this year.

I know that the minister is aware of the proposed loss of 110 jobs at Forbo-Nairn Ltd in Kirkcaldy in my constituency. In light of that announcement and of the impact that those losses will have on the central Fife economy, which already faces major challenges, will he agree to meet me, Scottish Enterprise Fife and Fife College to discuss what support the Executive can give to us to meet the challenges?

I will indeed. We obviously regret the company's decision and I am conscious of the impact that it will have on the employees and their families. I will therefore be pleased to meet Marilyn Livingstone and the local partnerships involved to see what advice, assistance, support and guidance we can give on reskilling, retraining and providing alternative sources of employment to those affected.

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A80

To ask the Scottish Executive what action it will take following the publication of, and formal consultation on, draft road orders for the A80. (S2O-5399)

The draft road orders and compulsory purchase orders for phases 2 and 3 of the A80 upgrade, which were published on 26 November 2004, have attracted a number of objections as well as indications of support. The intention is to hold a public local inquiry this summer. The inquiry will consider all three phases of the A80 upgrade.

I certainly look forward to the public local inquiry and to progress being made in tackling congestion along the A80. However, residents in Cumbernauld have been sceptical about the timing of publications relating to the A80. For example, the draft orders were published, as the minister mentioned, towards the end of November and into the Christmas and new year holiday period, making it difficult for community groups to meet. For that reason, I ask that the public local inquiry not be held during the recognised summer holiday period. I ask also for further information on the remit of the inquiry.

Those are matters for the inquiry reporter, but I see the good sense in what Cathie Craigie says. If there is an appropriate way in which I can make representations on timing, I shall do so. Otherwise, I am sure that she will be able to pass on to the office of the inquiry reporter a copy of the Official Report of this afternoon's meeting. At the local inquiry, the department would expect to justify its proposals and it would be in order for objectors to seek to challenge proposals on areas such as the need for the specific new road proposals and the appropriateness of the chosen alignments. The department would expect the public local inquiry to be able to demonstrate the merits of the proposed road against alternatives such as the Kelvin valley route.

In relation to the work that is scheduled for the A80, what consideration, if any, has been given to the concerns that my constituents in Mollinsburn have about road safety?

In the development of the proposals, careful consideration needs to be given to those issues as they relate to Mollinsburn. Indeed, that is the case for all the traffic management arrangements along the route. At all times during such schemes, we try to keep two lanes of traffic flowing. We will continue to take that approach and to look at impacts on neighbouring roads. We will work closely with North Lanarkshire Council on the issue.

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Biomass Energy Group Report

To ask the Scottish Executive how it will take forward the recommendations of the forum for renewable energy development in Scotland's biomass energy group report. (S2O-5356)

The report recommends actions for a number of agencies as well as for industry. The forum for renewable energy development in Scotland, which I chair, will monitor progress. I take this opportunity to acknowledge the importance of the biomass sector and the need to support it further. I will look urgently at the recommendations that are addressed to the Executive and respond as soon as possible.

The minister may be aware of the considerable investment programme in the Borders for three new high schools, which is a large public sector build. Does he see the rich potential for those schools to be heated and powered by biomass through the use of combined heat and power plants? Given that all MSPs are being asked to sign the Holyrood declaration as part of Scottish environment week, the commitment that I seek would be a good measure for the Executive to take and would demonstrate our commitment to biomass fuels in the future.

I am aware of the investment in secondary schools in the Borders. Indeed, we have identified the Borders as an area where there is considerable potential for biomass. School public-private partnership projects can provide a good opportunity for local authorities to consider sustainability issues, consistent with the Executive's approach to such projects.

Perhaps I should make it clear that the specification for PPPs is output based rather than input based. The output specification that the local authority has to produce should set out the authority's requirements regarding sustainability issues and highlight the specific areas in which bidders can be expected to demonstrate good practice. Through a workshop last July in Glencoe, we directly targeted the local authorities that are involved in school building projects. The workshop was organised by the Executive's Education Department and its objectives were to raise awareness of sustainability issues and to assess how that aspect can be better incorporated into school projects.

I welcome the minister's positive replies. Is he aware of the concerns of those who promote biomass that our environmental regulations may be slightly out of step with our aspirations for biomass energy? Will he talk to his colleague Ross Finnie, the Minister for Environment and Rural Development, about ways in which the Executive can promote the biomass industry? We need both to act in an environmentally responsible way and to ensure that our environmental regulations deal with the current generation of biomass developments and not previous, old-style developments. There is a real fear that, without a bit of joined-up thinking, we may not be able to take full advantage of the great opportunity that biomass energy offers. I hope that the minister can give me a positive response.

Certainly, I am aware of some of the concerns to which Sarah Boyack refers. I want to ensure that we can maximise the opportunity that biomass offers. Biomass has considerable advantages, as it is a predictable and stable form of renewable supply. I will discuss the matter with Ross Finnie—indeed, I have done so already. Our discussions will continue as we respond to the FREDS biomass energy group report. We will look at the ways in which we can address some of the problems—which in some respects are definitional—that may be holding back a better use of biomass for generating electricity.

The point that I want to raise is similar to the one that Mr Purvis made about the school estate. The PPP projects in my constituency would benefit enormously from a wood-fuel heating system under the biomass umbrella. A concern has been expressed that the configuration for grant applications for a more expensive heating system is outwith PPP projects. Can the minister update me on whether a resolution has been found that fits the Executive's strategic priorities?

I am aware that at times difficulties have been encountered with renewables inputs into PPP projects. Under the Scottish community and householder renewables initiative, profit-making organisations are ineligible for funding. As I said in my reply to Jeremy Purvis, the specifications are output based rather than input based. Setting outputs and calling for best practice is one way of addressing the issue, although access to the SCHRI would not be allowed. The problem is that, if we were to allow profit-making schemes to access the fund, the percentage of grant funding could come down from 100 per cent at the moment—which some community groups have benefited from—to something like 30 or 40 per cent. Because of that problem, we are evaluating the SCHRI. The study will consider the use of that source of funding for PPP projects. We expect the outcome of the research to outline how we can best move forward to help to fund the installation of small-scale renewables technologies in PPP projects.

The Deputy First Minister will know that at peak times 40 per cent of Scotland's electricity is generated from coal. In light of the report, what discussions is he having with coal producers and power generators to increase the use of biomass for co-firing?

We received the report only at the end of last month—it was warmly welcomed by the FREDS group when we met on 31 January—but it gives us an opportunity to move forward and to see how we can maximise the contribution of biomass. I am more than willing to engage with coal producers to see where there are opportunities for co-firing. I know that some regulatory issues need to be ironed out.

Question 4 has been withdrawn.

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Economic Development

To ask the Scottish Executive what steps it will take in the light of the publication of Peter Wood's issues paper for the cross-cutting expenditure review on economic development, published on 1 February 2005. (S2O-5386)

Growing the economy is the Executive's top priority. As I made clear to the Finance Committee when I appeared before it, our spending plans reflect that. We will respond in due course when the committee publishes its final report.

What steps will the minister take to minimise the negative impact on economic development of recent spending levels, which, as the paper proves, have not kept up with increases in the overall Scottish Executive budget? In particular, what will he do to minimise the negative impact on businesses, investors and skilled people who are considering investing their capital and their working lives in Scotland?

Because the issues paper was an advisory paper to the committee, it would be inappropriate for the Executive to respond until it has received the committee's report. However, I make it clear that we approach our objective of growing the economy in the widest sense. All Cabinet ministers are signed up to that objective, which has relevance to the work of the transport division; to the Education Department, in relation to primary and secondary education; to my department, in relation to higher and further education; to tourism, culture and sport; and to the Environment and Rural Affairs Department. It also has relevance to the Health Department—it is important to recognise that one of the biggest items of expenditure in the Scottish Executive's budget is health and that what we do to tackle illness and promote good health can lead to improved productivity and, therefore, to growing the economy. I am not sure that that was reflected in the paper to which Mr Mather referred.

I agree with the minister that we should wait until the Finance Committee has completed its investigations in its cross-cutting review of the Scottish economy. In that context, I hope that he accepts that some of the decisions that we make on spending should be transparently aligned with economic growth priorities and should be seen to be able to deliver not only economic growth, but the Scottish Executive's other key objectives, including closing the opportunity gap. I hope that the problems of urban areas such as the one that I represent are as much to the forefront in those considerations as are those of the area that the minister represents.

I share that view. It is important to recognise that items of expenditure that might not immediately appear to relate to economic growth—for example, health spending—can nevertheless make an important contribution to it. On urban and rural expenditure, I acknowledge the work that is being done on regeneration—I visited Clydebank and know about the work that is being done there and the importance that ministers attach to it.

The issues paper also considered funding for the common agricultural policy, which is non-discretionary for ministers. It therefore gave a slightly misleading impression. Moreover, I understand that it saw Highlands and Islands Enterprise as operating in a totally rural area. Inverness is a city—the Latin for city is "urbs", which gives us our "urban"—so perhaps it was wrong in that respect, too.

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Wave Power

To ask the Scottish Executive whether it expects the wave power industry to contribute to the target of generating 40 per cent of electricity from renewables by 2020. (S2O-5440)

We expect our renewables targets to be met from a wide range of renewable sources, including marine technologies.

I thank the minister for that answer and agree absolutely. It is a pity that companies that are trying to promote and develop wave power, such as Wavegen in Inverness, are constantly struggling to get funding and are still dependent on the vagaries of venture capital. Given that wave power is a young technology, the companies are less attractive to venture capitalists, who expect a much quicker return on their investment than the industry can offer. Does he accept that the Government must underpin the funding for the emerging renewables technologies so that they are not lost to Scotland?

Both the Scottish Government and the Westminster Government are doing a considerable amount to support and promote renewables technology, particularly marine technology. Eleanor Scott will certainly be aware of the resources that the Executive has put into the European Marine Energy Centre in Orkney, which is now operating successfully. We have announced the strategic environmental assessment of our coastline, which will be funded from resources that we are providing. Moreover, the Department of Trade and Industry has allocated £50 million to help to realise the potential of the development of marine renewables; as it indicated recently, £42 million of that has been allocated largely as revenue support for the development of a number of larger-scale pre-commercial demonstrations. I believe that Scottish projects and developers are well placed to benefit from the funding.

Will the minister assure us that that the new transmission charging arrangements, which will come into force in the not-too-distant future, will not discriminate against methods of producing electricity such as wave power, which are often, by necessity, located quite far from the sources of electricity consumption?

I assure Alasdair Morgan that my colleague Allan Wilson and I have engaged with our DTI colleagues and have made appropriate representations to ensure that—this is exactly the point that Alasdair Morgan makes—the charging regimes will have no adverse impact on the ability of our resources, such as marine energy and wind energy, particularly in our peripheral areas, to contribute to our overall energy supplies in the years to come.

The Deputy First Minister will be aware that it has been estimated that up to 20,000 jobs could be created in Scotland in a successful wave and tidal energy industry. Those jobs would be vital to the north-east and to his constituency. Does he agree that the review of the renewables obligation certificate system, as well as the welcome continued investment in research and development, could be key to developing a renewables sector that includes a successful wave and tidal energy industry?

I certainly agree that the opportunity for jobs is considerable. The FREDS marine energy report, which was published last summer, speculated that, by 2020, marine energy could generate as much as 10 per cent of Scotland's electricity, as well as help to create 7,000 new jobs, which will of course be part and parcel of our green jobs strategy.

The ROCs operate effectively and, as Richard Baker will know, work is under way to extend the obligation to 2016, which will give increased security. That will be followed by a fundamental review, which is to take place this year. We will certainly consider the views of stakeholders and the Enterprise and Culture Committee when we come to undertake the review.

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Developing World Markets

To ask the Scottish Executive what action it is taking to increase trade with developing world markets. (S2O-5405)

Through Scottish Development International, which is a joint venture, we monitor world markets and the opportunities for Scotland's key industries and high-potential companies. SDI's activities, which are delivered in partnership with UK Trade & Investment, senior business people and trade organisations, are targeted at areas of highest business opportunity in established markets and at helping companies to explore the potential in fast-developing economies such as those in China—where SDI will shortly double its staffing—Russia, Brazil and India.

The Deputy First Minister might be aware of the work that James Watt College in my constituency has done to attract a number of international students, particularly from China. How does he think that we can use the opportunity that is provided by the increase in SDI staff in China to open up further opportunities for Scottish further and higher education and Scottish manufacturing and exports?

I share Irene Oldfather's view that there is a huge potential in China, which I saw for myself when I was there two weeks ago. I welcome what she said about the students attending James Watt College. Since 1999, the number of Chinese students studying in Scotland has increased sixfold; indeed, that grouping has overtaken European Union students as the international grouping with the highest number of students in Scotland, which reflects the high regard in which Scottish higher and further education is held. The work that has been done by the Scottish Qualifications Authority to form partnerships with Chinese education institutions is encouraging and was part of the memorandum of understanding that I signed with the Chinese Government when I was in Beijing.

China also represents opportunities for companies. The life science companies that accompanied me on my trip to China demonstrated their potential there. Furthermore, as the chamber will be aware, earlier this week the First Minister announced that, during 2005, there will be introductory workshops relating to China for Scottish companies and new market research will be made available. As he also said, there will be learning visits for top chief executive officers and, in October, a major China business conference.

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Justice and Law Officers

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Youth Offending

To ask the Scottish Executive what confidence it has in the accuracy of the latest figures on youth offending produced by the Scottish Children's Reporter Administration. (S2O-5434)

On 4 November 2004, I made a statement to the Parliament setting out a robust, credible baseline against which to measure future progress.

I refer the minister to the minutes of a meeting on 14 May 2004 at Victoria Quay between her civil servants in the sponsor division and the SCRA's senior management. The minutes state:

"A significant gap continues to exist between SCRA and the Minister about the role of SCRA … Not simply process improvements—must be about improvements in outcomes for children."

A later meeting was referred to as being a "make or break meeting" with regard to the role of the SCRA. Is it not the case that the SCRA has lost the battle for taking on a wider role—that is to say, improvements for individual children—and is now skewed to servicing statistical data for the minister, as is evidenced by the resignation of the widely respected Alan Miller?

We should be clear about the fact that ministers—including me and the ministers responsible for education—take actions because we want to prevent young people from becoming involved in a life of crime. That is why I wanted to know exactly how many young people in Scotland were involved in persistent offending. That is why I have been working, over the past years, with elected members and chief executives in local authorities to ensure that the information that we have on our databases matches up with the experiences of people at a local level. That is why I made a parliamentary statement to indicate that the number of persistent young offenders was higher than had previously been thought. I hope that people of all political parties will recognise that, for every one of those 1,201 young people referred to in the reports, there is an individual tragedy as well as family tragedies and tragedies in local communities. That is what the Executive is trying to deal with and that is why we take the issue seriously.

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Communication with Victims

To ask the Scottish Executive what action it is taking to improve communication with victims in the justice system. (S2O-5336)

In line with our commitments in "A Partnership for a Better Scotland" and our strategy for victims, we are taking significant steps to ensure that communication with victims in the justice system is constantly improved, most notably through our promotion of the victim information and advice service, our support for Victim Support Scotland and the introduction of the victim notification scheme. Moreover, as the Lord Advocate announced this morning, victims will, in future, be given an explanation by the Crown Office if it decides not to pursue a prosecution or to discontinue a prosecution.

I, too, welcome the Lord Advocate's announcement that victims and relatives will be given reasons for the decisions that are taken by the Crown Office and Procurator Fiscal Service in the circumstances outlined. The minister will be aware that I have constituents whose experience of the justice system is sometimes less than satisfactory, who have not been given reasons for charges being dropped and who have no idea of the outcome of the case and are therefore unable to move on. The change in policy will make a significant difference. Will the minister indicate the criteria that will inform and guide fiscals and the likely timescale for implementation?

That is very much a matter for the Lord Advocate, who I am sure will consider Jackie Baillie's comments carefully. I know that Jackie Baillie is a long-standing campaigner on justice issues on behalf of her constituency, but her specific question is a matter for the Lord Advocate.

Among the victims of the justice system are individuals who are poorly served by the conduct of solicitors. When does the minister intend to publish the consultation paper on the improvements—I hope—to the regulation of solicitors in Scotland, particularly in relation to the handling of complaints about solicitors' conduct by the Law Society of Scotland?

As I recently indicated to John Swinney, we intend to publish that paper soon. We are reflecting on many of the arguments and issues, not least of which are the implications of the Clementi review.

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Sex Offenders

To ask the Scottish Executive what additional training will be provided to police officers and social workers to help them to deal with sex offenders. (S2O-5421)

We are training 400 front-line police officers and social workers in risk assessment. That will give them the right skills when assessing the risk that individual sex offenders pose to our communities.

I have two questions for the minister. First, does she agree that we need to consider how we manage sex offenders, instead of allowing them to manage the system? Secondly, does she accept that there is a need to train a wide range of agencies and staff who deal with sex offenders to ensure that we can effectively monitor registered sex offenders?

First, I pay tribute to the work that Paul Martin has done on the issue following some tragic circumstances in his constituency. He has been able to pull together a range of people who have an interest in the matter to look for positive ways in which to proceed.

We intend to legislate to establish joint arrangements between the police, social workers and prisons to assess, monitor and manage sex offenders. We also intend to give the court with jurisdiction in the place of the offender's last-known address the power to grant a warrant for the arrest of a sex offender who has failed to register timeously.

A community-based sex offender programme that we have developed, based on work that has been done elsewhere, has been provisionally accredited. It covers community sentences and work with those released from prison. As members are aware, I have also asked Professor George Irving to review the operation of the sex offenders registration scheme.

I take the issue very seriously. As members will be aware, the Parliament is considering legislation that we hope and believe will ensure greater protection for children who are at risk of being exploited by sex offenders.

The minister mentions joint training opportunities at local level for social workers and police officers. Does she agree that the fact that only two local authorities have boundaries that are coterminous with those of constabularies should not be used as an excuse for either social workers or police officers to fail in their statutory duties to investigate and prevent the sexual abuse of children and young people? Does she believe that there is a key role for local child protection committees to ensure that effective procedures are in place and adhered to? Such procedures can minimise repetitive interviewing and enable proper joint sharing of information.

I agree that there is never any excuse for failing to take the appropriate measures to talk to other agencies, to share information and to ensure that children are given the best possible protection. Clearly, the child protection committees have a key role to play, but individual agencies also have to recognise that it is their responsibility to share information where they believe that there is a risk to children. We want to encourage people to do that, but they will also have a duty to do so.

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Procurator Fiscal Service (Dumbarton)

To ask the Scottish Executive what steps are being taken to improve delivery of the Procurator Fiscal Service in Dumbarton. (S2O-5413)

The Crown Office and Procurator Fiscal Service has made great progress in the past three years in improving the quality of service that is provided in Dumbarton. The Dumbarton office has been successful in meeting targets for processing criminal business, despite an increase in reports received from the police. The introduction of our future office system to the Argyll and Clyde area has been a success and, together with the introduction of team working, has led to a 69 per cent reduction in the number of cases that are waiting for a decision to be taken on possible prosecution. A victim information and advice service was established in Dumbarton on 1 June 2004 in a dedicated office within the local fiscal's office and has since been able to provide an effective source of advice and information for victims of serious crime in the local area.

I recognise that there have been improvements in the service and in the physical environment of the court system in Dumbarton. What further improvements might be made in aligning the fiscal service with the police to ensure that maximum use is made of police time in carrying out duties other than court duties and that an appropriate service is provided for offenders and others?

Co-operation between the police and the fiscal service is an important component of the criminal justice system, which is why we have restructured the service to make better use of such opportunities. The fiscal in Dumbarton regularly meets the local police commander. On support for victims of crime, VIA has been in place since June and is making a difference. It will continue to do so in co-operation with other agencies.

Like my colleague, I welcome the £3 million investment in Dumbarton sheriff court, which is making a real difference. I am sure that the Lord Advocate will agree that partnership working is essential to improving service delivery. At the national level, the fiscal service is working with Scottish Women's Aid on training for new prosecutors on the range of issues that they are likely to encounter. Will he encourage similar partnership working at a local level and suggest that fiscals should attend domestic abuse partnership groups such as the one in West Dunbartonshire, as that dialogue will result in improved service delivery?

I am sure that the fiscal will take that suggestion on board and respond appropriately. Partnership working is an important element. At the national level, fiscals, the Crown Office, Scottish Women's Aid and others meet regularly. The Solicitor General has chaired a group that is looking at the prosecution of sexual offences, which is of particular importance to people in Scottish Women's Aid, Rape Crisis Scotland and other groups.

Question 5 has been withdrawn.

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Scottish Human Rights Commission

To ask the Scottish Executive what the current timescale is for establishing a Scottish human rights commission. (S2O-5349)

The Scottish Executive remains committed to introducing legislation to establish a Scottish human rights commission in the current parliamentary session.

The matter has been consulted on twice over the course of the previous parliamentary session and into this session, and there has been an unqualified commitment to it in the partnership agreement for some time. Can the minister confirm that it will be in the legislative programme for 2005, as it will require to be if the commission is to be up and running before the end of the current session? Will the commission be up and running before the end of the current session?

I refer Robert Brown to my previous answer. It is right that we take our time to consider the detailed responses that we received during the consultation. Notwithstanding that, we are continuing to develop the bill and examine the issues that were raised in the consultation. We have considered examples of other institutions in the United Kingdom and abroad. For example, officials have discussed our proposals with the national institutions unit at the Office of the United Nations High Commissioner for Human Rights, and they have attended a series of workshops that have been run by the British Council in order to learn from the experiences of human rights institutions around the world. We have set out our legislative programme for this year and it would be wrong for me to anticipate what a future programme might look like. However, we remain committed to establishing the commission in the current parliamentary session.

What right will the commission have for ensuring the protection of human rights at Dungavel immigration and removal centre?

That would depend on which specific aspect was raised. Many of the issues are reserved matters, although there may be some specific instances of devolved competences. The commission's main functions would be promotion, education and awareness raising; providing guidance to public authorities; advising the Parliament on legislation after introduction; general monitoring and reporting in relation to law and practice; and investigating and reporting on generic or sectoral human rights issues. The Dungavel situation would depend on the claim that was made.

Is the minister aware of plans to create a single equality body for the United Kingdom, which will include a human rights commission? Would an overlap be created if Scotland had two bodies to deal with human rights?

It is obvious that the potential for overlap would exist. When a proposal is produced, not only the Executive but the Parliament will need to consider it carefully. The UK proposals that have been developed have several benefits, but we are keen to ensure that we do not have two bodies that examine the same issues at the same time. Detailed consideration would need to be given to protocols and areas of work and a proper understanding would need to exist between the bodies.

Questions 7 and 8 have been withdrawn.

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Firearms Crime

To ask the Scottish Executive what further action it will take to tackle crimes involving firearms. (S2O-5316)

In the past 10 years, the number of firearms offences in Scotland has almost halved. I want that trend to continue, but we are not complacent. We are discussing with the Home Office the responses to a major consultation last year on what more might be done to control the use of firearms.

I welcome any reduction in firearms crimes. The minister will be aware that the latest figures show that four fifths of attempted murders and four fifths of recorded robberies that involved firearms took place in Strathclyde. She will also be aware of the increasing use of replica firearms in crime—the use of replica weapons is a growing menace throughout Scotland. Therefore, does she agree that there is no obvious logic to the Parliament having power over some offensive weapons, such as knives and swords, but no power over firearms? Does she agree that control of firearms should be devolved to the Parliament, so that we can tackle the issue now, rather than waiting in the hope that Westminster will act at some future date?

I am perhaps sorry to disappoint Mr Maxwell by saying that I disagree. I will draw his attention to provisions that were commenced in January 2004. Any situation in which a replica firearm is used is serious and the legislation should be able to deal with that. The Anti-social Behaviour Act 2003 introduced new laws to protect the public from the misuse of air weapons and imitation weapons. It raised the minimum age for owning air weapons from 14 to 17 and created a new offence of possessing an air weapon or an imitation weapon in a public place without reasonable excuse. We also banned the import and sale of air weapons that use self-contained air cartridge systems and introduced licensing for such weapons that are already held.

That is a good example of the Scottish Parliament, the Scottish Executive and Westminster working together on devolved and reserved matters to protect the public. I hope that the Scottish National Party will at least acknowledge that.

Does the minister agree that the current system that is designed to regulate the use and ownership of firearms and shotguns UK-wide is robust and resilient and that very few crimes that involve firearms or shotguns are committed by licence holders?

I do not often find myself tempted to agree with Alex Johnstone, so I am checking my notes carefully before I answer. I understand that the number of crimes and offences that involved the alleged use of a firearm represented only 0.4 per cent of all recorded crimes and offences of homicide, attempted murder, assault, robbery and vandalism in 2003.

Whenever a firearm or replica firearm is used, that is serious. However, as people are aware, Scotland has a particular issue with knife crime. We have announced measures that we propose to take on that. I look forward to receiving Mr Johnstone's support when we vote on those measures in Parliament.

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Prisons (Rehabilitation)

To ask the Scottish Executive what value it places on rehabilitation programmes in prisons to tackle drug and alcohol abuse. (S2O-5370)

The Scottish Prison Service offers a number of accredited programmes that are designed to address offending behaviour. As I made clear when launching the criminal justice plan, we must ensure that sentences, whether served in prison or the community, focus on changing offenders' behaviour. That will include addressing alcohol and drug misuse.

In England, there is an easily accessible directory of drug treatment places and programmes, with up-to-date information for addicts and their families. Does the minister agree that such a directory is a useful tool? Will she commission a similar directory for Scotland?

Information is currently available in a number of ways. I draw Margaret Mitchell's attention to some of the work that has been done on arrest referral schemes, even before the point at which people enter the prison system. There are very good working relationships between the Scottish Prison Service and the voluntary sector to deliver programmes. We have also increased the amount of funding that is available for drug treatment and rehabilitation programmes and have a robust alcohol action plan. People can already be linked into the system in a number of ways.

Of course, we will continue to try to ensure that the earliest possible action is taken. I remind members of the proposals that we announced for consultation yesterday, concerning the possibility of introducing mandatory testing for people who are arrested in connection with drug-related crime. I hope that there will be a full and proper debate on the proposals, to ensure that we get people into treatment at the earliest possible opportunity. I look forward to debating the proposals and, I hope, securing people's support for them.

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General Questions

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Land Register

To ask the Scottish Executive how it will reform the way in which the land register operates. (S2O-5383)

The Scottish Law Commission is undertaking a review of the legislation that governs the operation of the land register, the Land Registration (Scotland) Act 1979, as part of its sixth programme of law reform. The commission published the first of two discussion papers in February 2004. The paper considers the connections between the law relating to registration and the underlying rules of property law. It sought views on proposals to improve the alignment between those areas of law and is available on the commission's website. The commission is working on the second discussion paper, which is to focus on practical aspects of registration, and expects to publish it in June 2005. The commission expects to publish its findings in a report at the end of the year. The Executive will consider carefully the report and any recommendations that it makes.

I thank the minister for a thorough answer. Will she confirm that the land register is in chaos? How many people in Scotland do not have a proper secure title to their property because the land register is so slow and inefficient? What is the average time for registration of title?

We should remember that registration counts from the date of receipt of application, so no one is disadvantaged by delay. We must recognise that it is important that the process is thorough, that people have confidence in it and that any possible disputes are dealt with at a very early stage. Thus far, 0.1 per cent of dealings have led to a dispute that required indemnity.

I do not accept that the whole process is in chaos. There are delays because cases are at an early stage and thoroughness is essential. We are conscious that it is important to seek to eliminate delays by improving efficiency and are moving towards electronic registration. However, we must focus on the fact that these are complex matters and people must have confidence in them. Once the more complex cases have been dealt with, we can deal with more straightforward ones and the process can be developed in a way that allows everyone to have confidence in it.

Question 2 has been withdrawn.

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Sexual Health Strategy

To ask the Scottish Executive how it will take forward the implementation of the strategy and action plan for improving sexual health. (S2O-5398)

On the day that the sexual health strategy was launched, I wrote to national health service board chairs, council leaders and other organisations, stressing the importance that I attach to early action to secure its implementation. As part of that process, two workshops for key stakeholders are being organised. The first will be held on 16 February and will bring together clinicians and other senior NHS personnel to set in train work on service redesign to improve sexual health services. The second, which will follow shortly thereafter, will involve a range of voluntary and statutory interests and will concern their role in implementing the strategy.

Steps are also being taken to appoint the national sexual health advisory committee, which I will lead and which will have an important role in monitoring progress. An early task of that committee will be to offer advice on targets that will help to deliver the key elements of the strategy. Implementation will be facilitated by additional funding of £15 million over the next three years, the bulk of which will go towards improving front-line services.

I am aware from the publications that I have seen that information will be suitable for a wide-ranging audience, including those who are not currently accessing services. That is important. What specific methods and strategies will be used to ensure that information will be available to all, whatever their requirements?

With regard to the member's particular interest in the adult survivors of childhood sexual abuse, I tell her that the strategy mentions specifically a review of relevant services and support.

In the practical plan for action that is contained in the document, we seek to ensure that no one is excluded from appropriate sexual health services, whatever their life circumstances, by means of a comprehensive equality and diversity impact assessment process in line with the Executive's equality and diversity approach. It is for the Executive to ensure that that happens on the ground, as well as for NHS boards whose nominated executive directors will need to take into account the issues that impact on sexual health, especially in relation to inequalities, and utilise the diversity impact assessment process. We have considered the points that the member raised in her question and we have adequately addressed those issues in relation to the work of all the partners that are involved in ensuring that the sexual health strategy is a success.

Will the minister clarify the Executive's position on the funding of faith schools should they decide not to implement the sexual health strategy in full?

As I have said, there is no exclusion zone around our sexual health strategy. That has been borne out by our previous work, by the McCabe report and by the useful guidelines that are now available in our schools. The strategy advocates, without the alarmist implications of the member's question, a sensible approach at a local level that recognises rural, urban and faith issues throughout the school environment. I have faith that the professionals in our schools and the NHS will ensure that our sexual health strategy and our sex and relationships education strategy are appropriately implemented in all parts of society, and particularly in our schools.

Will the minister encourage the new national sexual health advisory committee to consider further use of initiatives such as the Place in Glenrothes—the young people's health project that he saw during his visit on Monday?

I place on record my thanks to Christine May for organising some aspects of that visit and for being there with me.

I met some of those professionals whom some people seem to disregard but who provide professional services to young people in difficult circumstances. I had an opportunity to engage with those professionals about the advice that they give to young people and about involving parents and the wider family in discussions about difficult issues that they might experience. I was absolutely reassured by the professionalism of the people who work in our communities in difficult circumstances and by the fact that they are taking an holistic approach to the sexual health of our young people and are saying to young people, "Delay until you are ready, but when you are active, be safe." That is a sensible message and I am sure that the sensible professionals in NHS Scotland, and indeed local councils and other partners, will ensure that our sexual health strategy is delivered effectively.

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Rod-licensing Charges

To ask the Scottish Executive whether it supports the Environment Agency's plans to introduce rod-licensing charges on the Scottish section of the River Esk. (S2O-5388)

The Scottish Executive supports the introduction of the fisheries management plan for the border Esk that is proposed by the Environment Agency. The duty to introduce rod licences is imposed on the Environment Agency under the Salmon and Freshwater Fisheries Act 1975.

I thank the minister for his very careful answer. Does he agree that, in effect, the Environment Agency has reneged on the commitments that Lord Sewel gave to Lord Monro of Langholm when the Scotland Act 1998 was being passed that those powers would not be used? Will the minister tell the chamber why if rod-licence charges are not a good idea on any other river in Scotland, they are a good idea on the Esk?

David Mundell should understand that primary legislation is primary legislation and that the Salmon and Freshwater Fisheries Act 1975 does not provide the Environment Agency with discretion over whether to introduce rod licensing for salmon and trout. The member should also understand that the Scotland Act 1998 did not transfer responsibility for the issuing of rod licences from ministers of the Crown to Scottish ministers because the issuing of such licences was never a ministerial function but one that was imposed on the Environment Agency under primary legislation. Therefore, transferring that role to Scottish ministers was simply not an option.

Does the minister agree that it is an historical anomaly that the River Esk is designated as an English river, unlike the Tweed, which has been a Scottish river since the 1850s act of Parliament that bears its name? Does he share the concerns of the Gala angling association, whose members will have to pay for all 200 of the rod licences? Would a solution not be to devolve the Esk back to Scotland?

The Environment Agency's management of the River Esk in the Borders is no more an historical anomaly than the management under Scottish law of the River Tweed's last 10 miles, which are in English territory, or the management of the River Till, which is a tributary of the River Tweed that the Tweed acts placed under Scottish law even though the river is entirely within the county of Northumberland. Those are not historical anomalies but demonstrations of the fact that river catchment areas are managed as river catchment areas, not divided by administrative boundaries.

Will the minister confirm my understanding that the Tweed fishery is regulated under schedule 6 to the Water Resources Act 1991, which enables Scottish ministers to agree to the byelaws that regulate the fishery, but the introduction of the rod licences comes under the Salmon and Freshwater Fisheries Act 1975, which is a separate piece of legislation? Is he aware that Dumfries and Galloway Council believes that there is some dubiety about the legislation? Will he join Dumfries and Galloway Council in requesting the Environment Agency to defer the introduction of the rod licences by one year so that those legal issues can be further examined?

I agree with Elaine Murray's description of the legislative basis of the regulations. The Salmon and Freshwater Fisheries Act 1975 requires the imposition of rod licensing, although the conservation, management and exploitation of fisheries are regulated under other legislation. Consequently, although it might be possible to defer the management plan for the river—I see no particular advantage in doing so, but it would be possible—it would not be possible to defer the introduction of rod licences on the same basis because those are imposed under a different piece of legislation. In law, the Environment Agency is required to proceed with the introduction of rod licences.

As one who was born on the north bank of the River Tweed in Berwick-upon-Tweed, I ask the minister to confirm that one of the benefits of devolution is that the Scottish Parliament and Scottish Executive can work closely with the Westminster Parliament and Westminster Government when such cross-border interests arise. Does it not prove the insanity of the nationalists' desires for independence that they would divide communities and, bizarrely, seek to divide rivers?

As Jeremy Purvis will know given his origins on the north bank of the Tweed, on certain sections of the River Esk, the north bank is in Scottish territory and the south bank is in English territory. The idea that it would somehow make more sense to manage the two banks of the same river under entirely separate legislation does not seem very sensible to me.

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Pressured Area Status

To ask the Scottish Executive how many local authorities have approached it with a view to establishing pressured area status in respect of the right to buy for council houses. (S2O-5344)

Although informal discussions about pressured area status have taken place with a number of local authorities, only one local authority—South Ayrshire Council—has applied for such status to date.

Does the minister share my concern that councils in areas such as Edinburgh and the Lothians, where the affordable housing stock is undoubtedly pressured, have not yet applied for pressured area status? Is he of the view that that is because the current arrangements are too complicated? Will he give a commitment to review the arrangements and to broaden the powers that are available when the review of the right to buy that has been talked about takes place?

I am not aware that the current arrangements are too complicated, but if Bristow Muldoon or West Lothian Council feels that they are, I would be interested to hear from them. I know that West Lothian Council has had informal discussions with the Scottish Executive and I would be keen to hear an informal response from the council on that issue.

Bristow Muldoon highlights wider problems in the Lothians. Edinburgh is going for a major initiative on community ownership. That will produce a major expansion and the quantity of affordable housing that is required in this part of the world. West Lothian Council is not saying that it will go down that route, but I know that it has been innovative and adventurous in releasing land. That is another fundamental issue in the provision of extra affordable housing.

Question 6 has been withdrawn.

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National Sexual Health Advisory Committee

To ask the Scottish Executive how the members of the national sexual health advisory committee will be appointed and when the committee will hold its first meeting. (S2O-5389)

I will write shortly to key stakeholders to invite nominations for membership of this important committee which, as I said, I will lead. The first meeting will be held as soon as possible after the membership has been finalised.

I welcome the minister's earlier comments about the work that will take place later this month to begin to progress the strategy. I am sure that the minister will agree that it is very important to maintain the momentum on the issue. When the committee is established, what support can it expect from the Executive? For example, will a unit within the Health Department be dedicated to supporting the work of the committee to ensure that it can implement elements of the strategy?

I assure the member that that will be the case. There will be official support from the Executive to ensure that the work of the committee—most of the work will be done between committee meetings—takes place and that we maintain momentum on the sexual health strategy.

I am aware of the member's role in the cross-party group on sexual health. Now that the strategy has been published this is probably an appropriate time for us to meet again for further discussion. I will be happy to have such a meeting if the member finds that to be of use. I reassure him that the Executive will fully support the work of the advisory committee. A dedicated resource within the Executive will ensure that such support is provided and I look forward to developing our strategy in the best interests of the health of the Scottish nation.

Will the minister give an assurance that other work will not be put on hold pending the creation of the advisory committee? In particular, when can we expect to get the evaluation of the healthy respect project and to see decisions being made as a consequence of that? Not least among the issues that require to be addressed is the roll-out of a national testing programme on chlamydia, which is the single biggest cause of tubal infertility in women in Scotland.

I share the member's concern about the rise in chlamydia. I will respond very shortly on the reports that are before me on the healthy respect project and the findings in respect of the pilot on the testing for chlamydia. I have not finalised our response, but I assure the member that that will be done very shortly.

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Jobs Relocation (Dumfries and Galloway)

To ask the Scottish Executive how many public sector jobs have been relocated in line with Executive policy and how many of these jobs have been relocated to Dumfries and Galloway. (S2O-5314)

To date, the Scottish Executive has relocated more than 1,400 public sector jobs as a result of its job dispersal policy. In November 2004, we announced the relocation of the national health service central register to Dumfries and Galloway. It comprises a team of 17 staff and is a vital component in the smooth running of the NHS in Scotland. The unit will relocate to Dumfries this year.

Is the minister aware of the statement that Jack McConnell made on 28 October 2002? Jack McConnell said:

"I want to see rural communities … from the Highlands and Islands to … Dumfries and Galloway – enjoying"

the positive impact of relocating jobs. Seventeen out of more than 1,400 is not an enormous positive benefit. Why has the Executive's strategy been so unsuccessful for Dumfries and Galloway?

The small units initiative, which I thought Mr Ballance understood, relates not only to Dumfries and Galloway but to every area of Scotland. I hope that he has noted, as most of us have, that there have been four small unit relocations in recent months. Those have benefited communities as far afield as Tiree and Tain.

Scottish Enterprise Dumfries and Galloway and Dumfries and Galloway Council have played a positive and leading role in submitting a joint proposal to the Executive and to the officials responsible for putting together the list of potential relocation areas and have identified areas in Dumfries and Galloway that would legitimately benefit from the relocation of an Executive small unit. We will make further progress on that as relocations come round.

Does the minister agree that there is a danger that the same places will always win, whatever the criteria that are used in decisions about the dispersal of units? Will a fair distribution of Government jobs throughout Scotland be a factor in any decisions that the Executive makes?

Mr Morgan will be familiar with the Finance Committee's report on the relocation of public sector jobs and with the Executive's response to the report. The point that he raises is entirely legitimate. We seek to balance the necessary and at times conflicting requirements of relocation policy in relation to economic development and areas of deprivation or population sparsity—about which he and I might be particularly concerned. We need to strike that balance, but in our response to the Finance Committee we provided a level playing field from which I hope that our policy can be taken forward to benefit all areas of Scotland.