Justice and Law Officers
Good afternoon. Question 1 is from Stewart Maxwell. [Interruption.] We will wait until he gets his card in.
Smoking, Health and Social Care (Scotland) Act 2005 (Prosecutions)
Since the offences came into force on 26 March 2006, 152 charges of smoking in non-smoking premises have been reported to the procurator fiscal. Of the 123 cases in which action was taken, court proceedings were raised in 37 and a further 86 were dealt with by a direct measure issued by the procurator fiscal. Eleven charges of permitting another person to smoke in non-smoking premises have been reported to the procurator fiscal. Of the five cases in which action was taken, three were prosecuted and a further two were dealt with by a direct measure issued by the procurator fiscal. The offences can also be dealt with by fixed penalties that are issued by local authority enforcement officers.
It has been reported to me that some of those who have been prosecuted view a fine as an occupational hazard or just another business expense. Is the number of prosecutions rising, falling or remaining steady year on year? Does the Scottish Government have any plans to increase the size of the fines or the fixed penalties that are issued to smokers and proprietors who allow smoking in breach of the 2005 act?
I will provide the exact year-on-year figures in writing to the member at an early date.
Lothian and Borders Police (Farm Watch)
Recorded crime in Scotland is at its lowest level since 1976. It is important to recognise that the majority of farmers enjoy a crime-free working environment. The Scottish Business Crime Centre, in partnership with the National Farmers Union Scotland and Lothian and Borders Police, has produced a practical guide to crime prevention in rural and farming communities. Initiatives such as farm watch are an important tool in promoting farm security and crime prevention in rural and farming communities. If the information and advice from the police is followed, it should decrease the likelihood of someone being a victim of crime.
NFUS members in East Lothian and Midlothian have raised concerns that, although significant resources and commitment have been given to farm watch in the Borders, which is G division, elsewhere in the Lothian and Borders Police area, on-farm crime is not necessarily receiving as robust a response. I am not asking for the cabinet secretary to interfere in operational matters, but I wonder whether there is any scope to provide evidence of farm watch’s impact and success to date in order to encourage other divisional commanders to adopt the scheme more seriously.
I thank the member for raising the issue, because we need to recognise that it has affected not only the Borders but Dumfries and Galloway. Indeed, chatting to Adam Ingram at lunch time, I learned that it is also an issue in the South Ayrshire area that he represents.
Cyberbullying
The aim of the Scottish crime recording standard, which was introduced throughout Scotland in April 2004, was to provide a more victim-orientated approach to the recording of crime and ensure uniformity in crime recording practices across police forces. Responsibility for ensuring compliance with the standard lies with individual chief constables.
Does the cabinet secretary share my concern, also expressed by parents and children’s charities across Scotland, about the growing prevalence of cyberbullying incidents and is he willing to meet me to discuss the issue in more detail?
I am more than happy to recognise that the issue exists. I do not know whether it is better to discuss the matter with me, my colleague the Cabinet Secretary for Education and Lifelong Learning, or indeed the Minister for Children and Young People, but the member is right to point out that, in the world in which we live, certain aggressive behaviour, no matter whether it is related to tweets about football or, indeed, children, is unacceptable and deeply distressing and indeed can be criminal. As I have said, the issue might be better dealt with by those with responsibility for children but the Government is certainly happy to liaise with the member to see what we can do collectively to ensure that these matters are minimised and that we protect people from frankly unacceptable behaviour.
Mediation (Family Contact Disputes)
The Scottish Government takes mediation services very seriously; indeed, the member might be interested to learn that I will be speaking on that very subject at a conference next Wednesday. However, although such services can play a valuable role in resolving family disputes, the Scottish Government believes that, where parents cannot reach agreement, it is right for a court to regulate matters in relation to contact.
The minister will be aware of the devastating effects of contact agreements being broken without any explanation, usually as a result of a family dispute, and the consequent damage to children. Will the Scottish Government give some consideration to requiring parents who do that to present a case to the mediation service to ensure that a clear explanation is recorded and can form the basis for discussion to resolve disputes as early as possible?
I am aware that the member has a long-running constituency interest in these matters. The difficulty is that the member’s suggested approach raises some problems. For example, if domestic abuse were involved, mediation would not be appropriate. Moreover, a mediation service cannot act in a judicial way and compel parents to appear before it. The fact is that mediation works well only if people undertake it voluntarily; if they are forced into it, it ceases to be mediation. There are also cost implications in giving extra functions to mediation services.
Sentencing (Impact on Children)
It is the courts rather than the Scottish Government that decide sentences, and the courts will take into account any relevant factors before they make a decision on sentencing within the overall legal framework. The complete independence of the judiciary is at the heart of the criminal justice system in Scotland, and it is appropriate that such decisions are entirely a matter for the sentencing judge, who will hear all the facts and circumstances surrounding the offence and the offender.
Child impact assessments ensure that the child’s interests are represented in decisions about custody and release, and they highlight the needs of the child at those points. Does the cabinet secretary agree that such assessments are vital for the long-term protection and wellbeing of children, and that they possess the opportunity to rehabilitate the parents, because they know what will happen to their child after sentencing?
The member makes a valid point. That is why we as an Administration and we as a party supported Aileen Campbell’s attempts in the previous session to introduce measures that would have required the courts to consider the impact on the child.
Legal Aid (Reform)
The Scottish Government has taken forward significant reforms to the legal aid system. In the 2007 to 2011 parliamentary session, financial eligibility for civil legal aid was substantially widened so that more than 70 per cent of the Scottish population potentially qualify for it. In addition, summary criminal legal aid was reformed, and improvements were made to the fee structures for civil legal aid, solemn criminal legal aid and criminal appeal fees for counsel. A further series of changes was made following the 2010 spending review to reduce expenditure while maintaining the broad scope of the legal aid system.
The Scottish Civil Justice Council and Criminal Legal Assistance Bill was introduced the day after my question was lodged. I understand that one of its purposes is to ensure parity in the payment of charges in criminal, civil and children’s legal aid cases. Constituents of mine who have been involved in civil cases, such as divorce cases, have raised concerns with me that some applicants for legal aid may be able to conceal sources of income or capital assets. What procedures are used to prevent fraud? Will the bill that the cabinet secretary introduced last week tighten them up?
The bill that was introduced last week is a separate matter, but the member raises an appropriate point. It should be borne in mind that making a false declaration is a criminal offence. That would be a matter for the Scottish Legal Aid Board, and I assure the member that the board takes such matters seriously. I am sure that the chief executive of the Scottish Legal Aid Board, Lindsay Montgomery, would be happy to advise the member of further steps that it takes to ensure that fraud is not perpetrated.
Prisons (Contraband)
The Scottish Prison Service, working with the police and other partners, has developed a variety of initiatives, including the new prison watch scheme. That innovative scheme has been a great success in Edinburgh prison, where it was piloted. Encouraging local people to work with the SPS and the police to catch those who try to introduce drugs, phones and other illicit items into our prisons is the way forward. I am confident that the success that has been achieved in Edinburgh will be repeated in Aberdeen and Peterhead prisons.
Involving the local community in helping to keep contraband out of prisons is particularly important in areas where the prison is sited close to local residents, as is the case in my constituency, so I am delighted that the prison watch scheme has been launched in HMP Aberdeen. Given the success of the pilot scheme in Edinburgh, will the cabinet secretary look at rolling out the approach in other parts of the country, if the evidence shows that the project continues to reduce the level of contraband that gets into prisons?
Absolutely. The scheme started in Saughton on the initiative of an officer who serves there. I am grateful to the staff and the governor of the prison.
Question 8 has been withdrawn by Neil Findlay. The member has provided me with an explanation.
Procurator Fiscal Service (Guidance)
Procurators fiscal take account of legal requirements and internal Crown Office and Procurator Fiscal Service guidance when they determine whether a case is to be tried on summary complaint or indictment. There are categories of case in which the procedure to be used is prescribed by law. Many offences—for example, certain road traffic matters, such as speeding offences—can be tried only on a summary basis. The law also provides that other offences such as murder and rape may be tried only on indictment.
In the recent case of Damon Brooke, who attempted to abduct a young girl last year, the sheriff commented that the fact that the case was dealt with as a summary prosecution meant that his hands were tied when it came to sentencing. Given that the nature of a crime is a highly significant factor in the procurator fiscal’s decision making, does the Solicitor General agree that there needs to be a review of which crimes fall into the category of solemn prosecution and which fall into that of summary prosecution?
I am aware of the case that the member refers to and I understand the concerns that he has raised, but it would be inappropriate for me to provide any details about the decision making in the case at this stage. I understand that sentence has still to be passed, so it would be inappropriate for me to comment. However, I can inform the member that I have asked for a report into the circumstances of the case, and I would be happy to write to him or to meet him to discuss his concerns.
I remind all members that they should not raise in the chamber matters to do with cases that have not yet been fully disposed of. If any member wishes to seek guidance and legal advice from me as to whether an issue should be raised, I am always happy to speak to them.
Rural Affairs and the Environment
Farmers Co-operatives
We support the Scottish Agricultural Organisation Society to work across the public and private sector to support business models that enhance collaboration, gain economies of scale, reduce costs and promote Scotland’s outstanding produce at home and abroad. Among other things, since 2007, we have provided direct funding of more than £4 million to various farming co-operatives to develop and expand their businesses.
I have an example in which meals on wheels are flown frozen from Wiltshire to Glasgow and then trucked a further 120 miles via a Scottish depot to my constituency of Midlothian North and Musselburgh. Does the cabinet secretary agree that that is patently absurd and that encouraging local produce through local purchasing makes good sense?
Yes—where that can happen, it makes sense. The Government remains committed to encouraging those who are involved in procurement, particularly public procurement, to buy more fresh, seasonal and high-quality produce, which often comes from local producers and suppliers. The Government has set in motion a range of actions to support that commitment, including publishing guidance that is aimed at small and medium-sized enterprises and public bodies. I am keen to hear more about the example that the member cites, because it is clearly causing concern. If there is any way in which we can help to change the culture locally, we would certainly support that.
As a member of the Scottish Co-operative Party, I have a particular interest in the co-operative model, which is vibrant in the agriculture sector. Can the cabinet secretary give a reassurance that the Scottish Government will support the aims of the Scottish Agricultural Organisation Society, which wishes to increase the availability of local food in partnership with the Scottish Association of Farmers Markets, in particular with regard to problems of town planning constraints?
Yes, I can give the member that assurance. The Government has given unprecedented support to farmers markets and has encouraged them to work together across Scotland. We recently gave the Scottish Association of Farmers Markets, I think, £200,000, which was the first grant that it had received as a body. I hope that that will help to make a difference. As I said in my previous answer, we have given £4 million to the Scottish Agricultural Organisation Society, to which the member referred. If the society wishes to bring to my attention any particular issues that will help to empower primary producers to deal directly with their customers and across the supply chain, I would be interested in hearing about that.
Salmon Farming (Sea Lice)
I refer the member to written answer S4W-06830, which was published in the daily written answers report on 30 April 2012 and which states:
As the minister will be aware, NASCO utilises four focus area reports in monitoring this issue and, according to its recent report,
In my time as minister responsible for wild salmon and recreational fisheries and, of course, aquaculture, I have sought to promote dialogue between the interests that have to share the same ecological space. I am therefore very pleased to report that as a result of a series of workshops that we have run, and because of the way in which we have worked, the different sectors are now talking to each other. For example, the wild salmon and recreational fisheries industry has sat down with the aquaculture industry to examine the sea lice data that is collected in considerable detail. That is a substantial step forward. That data is collected and published in aggregate, and I am optimistic that we will find the right balance that will enable us to continue to drive sea lice infestation down from what are, in world terms, already very low levels to even lower levels and ensure that there is even less interaction between wild salmon and the aquaculture industry.
What is the Scottish Government doing to encourage an integrated system of fallowing of fin fish cage sites in sea lochs? Has it taken note of the fact that wild salmon and sea trout stocks in particular west coast areas are declining while east coast stocks appear to be rising?
Taking the second question first, I point out that the reduction in stocks is specific to specific rivers. Stocks are rising in some west coast areas and falling in others, but those trends are simply an extension of trends that were in evidence before any farms were established.
I remind members and ministers that I would appreciate fairly short questions and answers if we are to get through this afternoon’s business.
Animal Cruelty
The Animal Health and Welfare (Scotland) Act 2006 makes it an offence to cause unnecessary suffering to animals kept by man and provides suitable powers for enforcement bodies. In the area of animal welfare, we are currently concentrating on developing new legislation on the welfare of animals at slaughter in order to implement European Union legislation early next year. Other issues under consideration include the use of wild animals in circuses, the regulation of equine establishments and the use of electronic shock collars for dog training.
The Scottish Society for Prevention of Cruelty to Animals has raised concerns about consistency in sentencing. I realise that the cabinet secretary does not have a direct input into sentencing, but I note that in one case an individual was given a life ban for not feeding a cat for four days, while in another, a repeat offender was given only a five-year ban for dog fighting. Is the cabinet secretary prepared to engage with the SSPCA on these matters and raise concerns directly with Cabinet colleagues and the Cabinet Secretary for Justice?
I thank the member for raising the matter, although it is perhaps slightly more appropriate to the ministers in the justice portfolio who have just been answering questions. That said, I am happy to speak to the Cabinet Secretary for Justice on the issue and, if the SSPCA has any concerns, I urge it to write to me about them. The Parliament’s job is to legislate and ensure that the appropriate penalties are available to the courts, but ultimately it is up to the courts to decide on each case. Nevertheless, if the SSPCA wishes to write to me on the issue, I will look into it.
Walking and Cycling to Work (Glasgow)
I recently announced the successful projects to receive funding from round 9 of the climate challenge fund. That included four projects totalling over £1.5 million in Glasgow that contained an element of sustainable transport. Projects included an award to the Glasgow bike station of just under £450,000 over three years for their a better way to work Glasgow project.
I thank the minister for his response and welcome the grants that are coming to Glasgow. I suppose that it is important that cycling and walking initiatives are supported. We know that their benefits are a boost to health and fitness, the reducing of stress and the saving of money, all three of which would probably benefit us all. Has the Government considered a cycle hire scheme with docks at train or subway stations, Commonwealth games venues or throughout the city to encourage more Glaswegians to get active and fit?
I have seen successful schemes of that kind in Brussels and London. It would be a matter for Glasgow City Council to pursue. During the next three years, we will invest more than £20 million in active travel projects and I would be happy for the Government to work with Glasgow City Council on that.
I applaud the Government’s work in creating the climate challenge fund. How much of the fund will be spent on plugging the gap that was created by the cuts to the active travel budget?
The climate challenge fund is about innovation and projects, so it is important that we focus on that. The example that was given in the original question is an example of real innovation. I cannot anticipate what the independent panel will recommend to ministers, but that sounds like the kind of project that should be pursued.
Question 5, in the name of Patricia Ferguson, has been withdrawn. The member has provided an explanation.
Food and Drink Sector
The Scottish Government works with a range of public and private sector partners to promote and invest in the food and drink sector, and our success is reflected in the latest figures, which show that, since 2007, there has been an increase in food exports of 62 per cent and a 50 per cent increase in whisky exports. Retail sales of Scottish brands in these islands have also increased by one third since 2007. Further good news is that the food and drink industry has reached £11.9 billion turnover, which is 95 per cent of the target of £12.5 billion that the industry set for 2017.
I am pleased that the Scottish food and drink sector is in a strong position. Does the cabinet secretary agree that the 2014 Glasgow Commonwealth games will give us a prime opportunity to showcase Scottish produce internationally? What steps are being taken to ensure that producers and other businesses in Glasgow and right across Scotland can make the best use of the 2014 Commonwealth games to further boost the sector?
Of course, 2014 will be a very important year for Scotland, not least because the Commonwealth games will offer a fantastic platform for showcasing Scotland’s larder, so the member has raised a good issue. I assure him that the industry-led body, Scotland Food and Drink, which is supported by the Government, is closely involved with the organisers of the games, as are other Scottish Government agencies. There is a lot of activity on this issue. We do not want to miss the opportunity. Indeed, a few days ago, I saw some good press coverage of the organisers talking about their ambitious plans for promoting Scottish food and drink at the games. I am happy to drop the member a note to bring him up to date on that.
Given the high number of people who are currently in food poverty, what is the Government doing to ensure that, where possible, people can access locally produced food? What more will he do to ensure that the Government not only promotes our food and drink industry internationally, but promotes locally sourced, affordable food at home?
The member has raised another good issue. The purpose of Scotland’s first national food and drink policy that brought together all the different agendas was also to ensure that we took food poverty and community initiatives in Scotland into account. A number of community food initiatives in Scotland are supported through the climate challenge fund, which was the subject of a previous question, and by other means as well, and we are keen to increase our support to community initiatives that get into some of the more vulnerable parts of Scottish society. I am aware of such initiatives in my constituency as well as in the rest of the country, so I assure the member that we will continue to support them.
Rural Parliament
Late last year, the Scottish Government commissioned research to carry out a study of existing rural Parliaments in Europe and, earlier this year, we hosted a stakeholder discussion on the creation of a rural Parliament for Scotland. That work will culminate in a seminar on 29 May in which representatives from across rural Scotland will hear directly from European rural Parliaments, and then discuss and agree the potential next steps towards a rural Parliament for Scotland.
Will the cabinet secretary outline the opportunities that the establishment of a rural Parliament will offer to rural communities across Scotland, particularly in my constituency of Carrick, Cumnock and Doon Valley?
If we decide to proceed with a rural Parliament for Scotland and gain the benefits that other countries appear to have enjoyed from their rural Parliaments, that will help rural communities in the member’s constituency and elsewhere in Scotland to have more of a voice and influence over Government policy. That is not a criticism of the existing arrangements, but if there are additional added-value initiatives that other countries have taken forward and which we can take forward to give rural Scotland more influence, we should investigate whether that is appropriate for Scotland.
What challenges in establishing a rural Parliament were identified in the stakeholders’ meeting on 6 May? Several recognised rural stakeholders were involved in that meeting, but there were no trade union representatives. Will the cabinet secretary give an assurance that the seminar on 29 May will be fully inclusive?
Many lessons came out of that meeting, but one that sticks in my mind is the need to ensure that, should we proceed with a rural Parliament, our rural communities and stakeholders feel a sense of ownership of it. That is an important message for Governments and politicians of all parties, and we will certainly take it on board.
Water Environment (Controlled Activities) Scotland Regulations 2011 (General Binding Rule 18)
It is estimated that there will be little impact on farmers. A recent James Hutton Institute analysis of agriculture and slopes, for example, shows that only 2 per cent of cereal crops are grown on slopes of over 12 per cent. That percentage relates to all land; the figure for those slopes around watercourses will be much less than 2 per cent, of course. The report contains a detailed example of an area of north-east Scotland and is available for the member and others to see in the Scottish Parliament information centre.
There has been a lot of disquiet in the north-east in relation to the draft of general binding rule 18. Will Mr Lochhead confirm that the wording that is currently in the consultation will definitely be changed in the final regulation to take account of various risk factors, so that the rule cannot be interpreted by anyone as a blanket ban on spreading fertilisers on slopes of over 12 degrees?
As the member will no doubt be aware, the Scottish Government recently met the National Farmers Union of Scotland and put its mind at ease on the potential impact of the wording of the regulations. However, we are reflecting on the comments that we have received in the consultation, and we will ensure that they are taken on board.
Water Environment (Controlled Activities) Scotland Regulations 2011 (General Binding Rule 18)
As I said previously—I am sure that the member listened intently to what I said—we have clarified the proposals on spreading on slopes with the National Farmers Union of Scotland, and it is content that the final drafting will be consistent with existing cross-compliance legislation. As I said, consideration will also be given to all the consultation responses before any final proposals are taken forward.
Do you have a supplementary question, Mr Fergusson?
Oh yes, indeed I do, Presiding Officer.
I counted four different soundbites in the member’s supplementary question. No doubt they will appear in some worthy local newspapers in Scotland.
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