Plenary, 10 Dec 2009

Meeting date: Thursday, December 10, 2009

Official Report 673KB pdf

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Question Time

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SCOTTISH EXECUTIVE

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Rural Affairs and the Environment

Question 1 has been withdrawn.

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Flood Prevention

To ask the Scottish Executive whether it will reinstate a specific fund for flood prevention work. (S3O-8771)

Substantial funding for flood prevention is already included within the local government financial settlement. Removing ring fencing has given councils greater flexibility in how they use their resources and has reduced bureaucracy. We currently have no plans to reverse that and, of course, any changes would have to be agreed by the Scottish Government in partnership with the Convention of Scottish Local Authorities.

Does the cabinet secretary understand the frustration and anger of my constituents in Bonnington and Stockbridge at the further delays to the Water of Leith flood prevention scheme because of the failure of the Scottish Government to meet the original commitment to fund 80 per cent of the work? In view of the increasing flooding that we are seeing because of climate change, is it not time to reconsider his decision on a specific fund? Will he give this area of work the priority it requires, particularly in a week in which we all are thinking about climate change?

I know that the member takes a close interest in the issue on behalf of his constituents who are, of course, very concerned about the impact of flooding on their lives and properties. I fully understand that but—I am sure that he will forgive me for saying this—it is disingenuous of him to lay the blame at the door of the Scottish Government.

Funding is made available through the spending reviews in relation to proposals that local authorities bring forward in the first place. On 13 August, the Minister for Environment wrote to the local council. She explained that we had taken into account the needs of Edinburgh schemes in distributing resources for 2008 to 2010 and she confirmed that, with the agreement of COSLA, we will continue to take into account the contractual commitments for the Water of Leith in the decisions that will be taken later this year on resources for 2010-11 and, crucially, in next year's spending review for the years up to 2014.

I hope that the member can take some comfort that the spending settlements continue to take into account the needs of his constituents and other people in Edinburgh. It is simply disingenuous of him to lay the blame for any delay at the door of the Scottish Government.

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Flooding (Inverclyde)

To ask the Scottish Executive how it plans to ensure effective action is taken to address the recurring flooding problems in the Inverclyde area. (S3O-8793)

The Flood Risk Management (Scotland) Act 2009 provides the framework within which Inverclyde Council, the Scottish Environment Protection Agency and Scottish Water, working together, will have duties to assess, map and act to reduce flood risk in Inverclyde. Most of the act came into effect on 26 November, and we are working to bring the remainder into effect as quickly as we can over the coming year.

I am confident that the cabinet secretary will want to congratulate Inverclyde Council, which is already hard at work with partners in its flood management action group. In his previous answer, and in correspondence to members, the cabinet secretary referred to the £42 million capital allocation for flood prevention measures. Inverclyde Council's conservative estimate is that it requires £10 million—a figure that is 10 times what it might expect as its share of the fund. Does the cabinet secretary agree that special recognition—which SEPA recognises—is required to address the significant problems of coastal communities, such as those in my constituency of Inverclyde, if we are to improve the situation for home owners and businesses?

I agree with the member when he says that as a nation we have to take seriously the threat of flooding in our coastal communities, in particular, and in all Scottish communities. I am pleased that he referred to the £42 million that the Scottish Government has made available to take account of flooding needs in local authority areas. Of course, the figure is many times the annual average spend of the previous Administration on flood schemes between 1999 and 2007. It is a recognition that the current Scottish Government is taking the issue a lot more seriously and that investment is taking place across Scotland to address the issues.

I know that the member takes seriously matters in his constituency. I join him in congratulating Inverclyde Council on the hard work that it has undertaken on some of the problems that we have seen again in those local communities. At the invitation of Stuart McMillan MSP, the Minister for Environment recently visited the area and met some local agencies and others to discuss the problems that have occurred there.

I welcome the work that Inverclyde Council has undertaken. As a country and a Government, we must take seriously the implications of the proposals that come forward from our communities in the years ahead.

I thank the cabinet secretary for his response to Duncan McNeil's question. I am sure that he will agree that Inverclyde's response until now has been nothing short of tardy, to say the least. I welcome the fact that the council has eventually decided to do some work on the issue. I offer the cabinet secretary the chance to come down to Inverclyde; I have made the same offer to Roseanna Cunningham in the past. Will he take into account fully the important issues affecting Inverclyde when considering the distribution of further moneys in the future?

I thank the member for his comments. He is right to highlight the fact that the onus is on local authorities such as Inverclyde Council to put together proposals for flood alleviation schemes and other measures in their communities. The Scottish Government can react to demand for resources or other assistance only once it has received proposals from Inverclyde Council or other authorities in Scotland. It is welcome that, at long last, Inverclyde Council is putting together some recommendations that will help to protect the safety of local residents.

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Flood Prevention (South of Scotland)

To ask the Scottish Executive what flood prevention measures it is taking in conjunction with agencies across the South of Scotland that will stop annual damage to businesses and homes in the region. (S3O-8809)

As I mentioned in response to previous questions, we will bring part 4 of the Flood Risk Management (Scotland) Act 2009 into effect as quickly as we can over the coming years. That will allow a modernised, sustainable approach to flood management, with streamlined decision making for local authority schemes. Most of the 2009 act came into effect on 26 November. We will ensure that there is a portfolio of responses, including rural land management, to manage flood risk.

Recent flooding in the South of Scotland region has been devastating, and flooding is a continuing problem in Hawick and Dumfries. I met NFU Scotland representatives and the voluntary Hawick flood group recently, before and after the November floods. Both organisations stated that maintenance of rivers by removal of gravel and dislodged trees, as used to happen, would lessen flood risk and danger to life, and that the Scottish Environment Protection Agency is preventing that from happening. Will the cabinet secretary meet stakeholders, including the local NFU and Hawick flood group, to examine the issue as a matter of urgency?

I echo the member's comments about the devastation in the South of Scotland that has been caused by recent flooding, in particular. He was right to highlight the need for all agencies in Scotland to work together efficiently to carry out some of the remedial work that is necessary to restore damaged land, especially farmers' fields, which have in many instances been flooded.

It is necessary to inform the Scottish Environment Protection Agency of any intended works. If a situation is considered an emergency, licences can be applied for retrospectively, once the work has been undertaken. I am keen to hear about any issues that may be causing difficulties locally. I will be more than happy to meet local stakeholders, including the farmers and others involved, if the member thinks that that would be helpful.

I concur with Jim Hume's views on gravel removal, as gravel is also a problem in the River Nith and the River Esk. Dumfries and Galloway Council recently wrote to the Minister for Environment to request a meeting to discuss the removal of gravel. That request was refused. Will the cabinet secretary revisit the decision? Will he or the Minister for Environment meet Dumfries and Galloway Council to discuss the problem of gravel in the River Nith? As he knows, the Whitesands floods regularly, and many businesses are unable to get insurance because of that. Sadly, during the November floods many of them lost their livelihoods.

I indicated to Jim Hume that, if the issue that he raises is persistent and continuing—Elaine Murray appears to talking about the same issue—we should meet SEPA and others with an interest to see what can be done. However, it is important to put on the record that I am assured that SEPA treats such issues with the utmost seriousness and works as closely as it can with local bodies to address them and to ensure that bureaucracy and licensing regimes do not get in the way of urgent action to protect property and the environment. I will look into the issue, as I assured Jim Hume, and keep Elaine Murray up to date.

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Farmers Markets (West of Scotland)

To ask the Scottish Government, in light of the recent announcement of £200,000 funding for farmers markets, what support will be provided to farmers markets in the West of Scotland region. (S3O-8842)

Farmers markets and producers from across the whole of Scotland will have the opportunity to take advantage of the additional support, guidance and advice that will be made available through this exciting collaborative initiative. The funding will go to the Scottish farmers markets development partnership, which will help local producers to develop markets for their products and will encourage growth of the farmers market sector throughout Scotland.

I fully welcome the announcement. Over the past few months I have visited farmers markets in Kirkintilloch and Greenock, and I have learned a lot about their contribution to communities and economies. Will the cabinet secretary ensure that, when any funding is distributed, areas that might not necessarily be viewed as traditional farming communities, such as Greenock and Kirkintilloch, are fully considered?

I should mention that the funding will go towards creating a number of posts that will help to further the cause of farmers markets, I hope in all parts of Scotland. I recommend that the member contact the Scottish Association of Farmers Markets and discuss with its members their plans for his constituency.

I declare an interest as a farmer and a stallholder at farmers markets. Does the cabinet secretary have views on how farmers markets should develop from the current total of 80 or so in Scotland? Does he agree that one way forward might be to develop covered markets in town and city centres throughout Scotland, which could further promote high-quality local food production and consumption?

We all recognise John Scott's long track record of supporting farmers markets, and he rightly highlights their benefits. Producers can deal directly with consumers, and farmers markets are great for the town and village centres where they take place.

I see farmers markets as having a role in food policy, in promoting the wellbeing of primary producers and in giving local communities access to good-quality local food, as the member suggests. He also suggests an innovative way forward for farmers markets. I am happy to leave that sort of decision in the hands of farmers and their representatives, but we would be very supportive of anything that expanded the farmers market movement in Scotland.

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Crofting

To ask the Scottish Government what it sees as the priorities for the Crofters Commission in the Crofting Reform (Scotland) Bill. (S3O-8822)

The Government's priority for the Crofters Commission, as set out in the Crofting Reform (Scotland) Bill, which was published this morning, is to regulate crofting and to contribute fully to sustaining crofting in our most remote and fragile areas. The Government listened carefully to all consultees on the draft bill. Priorities must include directly addressing absenteeism and the neglect of crofts, as well as ensuring that land is retained in crofting tenure so that economic, social and environmental benefits continue to be delivered.

Will the cabinet secretary acknowledge that the bill, which was published today, represents a significant improvement on the draft bill? Will he comment on that with particular reference to the fact that provisions on three areas—area committees, standard securities and residency requirements—have been dropped from the bill? Will he undertake to engage further with crofters on the bill, which is a much more rational way forward?

I thank the member for his comments. Many stakeholders have issued positive statements today in response to the bill. The member has rightly alluded to the fact that we are a listening Government—we have listened to members from all parties represented in the chamber and, more importantly, to people in the crofting communities.

A number of contentious issues were contained in the original proposals, and they have been removed. As the member said, they are those relating to area committees, standard securities and occupancy requirements.

We will continue to listen to Scotland's crofting communities over the next few weeks and months as the bill moves through the parliamentary process. It is important to do that. The issues are sometimes challenging, because of the diverse nature of Scotland's crofting counties from Sutherland to the islands—including the Western Isles, the member's constituency. It is important that we continue to listen carefully to what our crofting communities say.

The minister says that he listened to crofting counties, but the one thing missing from the bill is the reinstatement of the croft housing loan scheme. Will he commit to that scheme, having heard the unanimous voice of crofters all over the Highlands and Islands?

As I said in answer to the previous question, we will continue to listen closely to our crofting communities. In recent months, members on the Labour benches have said that some of the funding is under threat, but that has proved not to be the case and many of the schemes continue in place. The less scaremongering there is, the more rational a debate we can have in the coming weeks and months on the future of crofting in Scotland.

We will continue to listen carefully to the views of our crofting communities.

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Land Purchase (Highlands and Islands)

To ask the Scottish Executive what the benefits have been of land purchase by communities in the Highlands and Islands. (S3O-8800)

Community buyouts of land have brought a number of benefits to communities in the Highlands and Islands. They include empowering people and communities in rural areas to take responsibility for their own future. Community empowerment promotes confidence, participation and cohesion, and has promoted the long-term sustainability of communities.

New houses have been built and house improvements undertaken. There has been improved access to amenities and services, and the retention and enhancement of vital community assets such as filling stations, post offices and shops. Population decline has been stemmed and the average age of community members has been reduced—patterns that go against the demographic trends for other remote areas in Scotland.

I take this rare opportunity to agree wholly with what the minister just said. Land purchase in the Highlands and Islands is one of the most significant and important developments in recent centuries. The prospect of more purchases holds out hope for many communities into the future.

The minister is probably aware that there has been recent commentary in the Highlands and Islands that the progress in the early part of this decade that followed the Land Reform (Scotland) Act 2003 has stalled somewhat in the past couple of years. Part of the reason for that is the availability of funding, but another part is how the 2003 act is working. Does the minister share my view and that of my colleagues who introduced the bill that it is now time to review the practical experience of the working of the act and to make whatever changes are necessary to ease and encourage more community land purchases in the future?

I am pleased that the member agrees on the success of the community land buyouts, which received a lot of support, albeit not cross-party support, in the Parliament when the legislation was made a few years ago.

The member mentioned funding and revising the Land Reform (Scotland) Act 2003. The act is relatively new in the scheme of things, and it is important that we give it time to bed in properly and reflect on its successes in the past few years. We will continue to do that. We have not had evidence of gross failure of any aspects of the act, although we monitor it closely and will take any required action in due course.

The member is aware that the Scottish land fund was closed in 2006 and replaced by the growing community assets fund, which was run by the Big Lottery Fund. The Big Lottery Fund is now taking forward the investing in communities portfolio, which will contain a new fund in June 2010 to help deliver funds to communities for the purposes given. Things are moving forward. I am convinced that the success of past years will continue as time goes on. We are listening closely to the views of the member, of Highland Council and of others who are expressing their views on the whole agenda. We will respond positively.

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Climate Challenge Fund

To ask the Scottish Government when the next round of successful applicants to the climate challenge fund will be announced. (S3O-8836)

An announcement of the successful applicants to round six of the climate challenge fund was made just a few days ago on 3 December 2009, with 41 communities receiving £3.6 million of funding support.

The minister is aware that Tullis Russell Papermakers in my constituency received almost £500,000 following a previous round of applications to the climate challenge fund. It will allow the company to construct its new ecointerpretation centre, which will run alongside its biomass project, which will save 250,000 tonnes of carbon emissions from its plant.

Everybody recognises how valuable the climate challenge fund is, but what steps will the Scottish Government take to ensure that as many organisations as possible know about the fund to ensure that they too can make a positive and sustainable contribution to their communities?

I join the member in paying tribute to the project in her constituency to which she referred. Given that, as we speak, the world leaders are meeting in Copenhagen to discuss the future of the planet and how we can tackle climate change, it is absolutely fantastic and very encouraging to see so many communities throughout Scotland coming forward at grass-roots level with their own projects, ideas and innovations to reduce their carbon footprint and show leadership to the rest of the world, just as this Parliament is doing through the Climate Change (Scotland) Act 2009.

The member referred to the need to advertise the scheme. Of course, £27 million was made available over three years. So far, £15.6 million of that has been awarded to 198 communities, and 700 organisations or communities have expressed interest in it. More and more communities throughout Scotland are being attracted to the scheme and are finding out about it. In Fife alone, more than £2 million has been allocated to 16 projects. The member is right that we have to keep broadcasting how successful and valuable the climate change fund is and how it will enable communities the length and breadth of Scotland, in our all constituencies, to reduce their carbon footprint and help to tackle climate change.

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Justice and Law Officers

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Antisocial Behaviour (Scottish Borders)

To ask the Scottish Executive how it is helping to tackle antisocial behaviour in the Scottish Borders. (S3O-08759)

The Scottish Government is committed to tackling antisocial behaviour through our antisocial behaviour framework, "Promoting Positive Outcomes". On Tuesday this week, I visited the Scottish Borders to see how its community safety agencies are putting that framework into practice using central funding, including safer streets funding to tackle alcohol-related violence and disorder and cashback for communities to provide activities for young people.

I am sure that the member will join me in congratulating Scottish Borders Council, Lothian and Borders Police and local partners on their continued efforts to make communities in the Scottish Borders safer and stronger.

The minister will be aware of the negative effect that antisocial behaviour can have on a community. Having visited the Borders this week, he will also be aware of the tremendous work undertaken by the various agencies to tackle antisocial behaviour and, in particular, to ensure that those guilty of destructive behaviour are held to account, through antisocial behaviour orders or other disposals.

Does the minister agree that by scrapping sentences of six months or less, the Scottish Government will be removing from the courts a vital tool in tackling those who persistently commit antisocial behaviour and taking away the possibility of respite for those who have to live with that behaviour day in, day out?

I certainly agree with the member that much good work is being done in the Scottish Borders. I pay tribute to Councillor Alex Nicol, the deputy leader and chair of the community safety partnership, along with Chief Superintendent Graham Sinclair, Chief Inspector Paula Clark, and Douglas Scott, the team leader for tackling antisocial behaviour. The key to the success that they are having is that they work together in an integrated fashion. The practitioners use ASBOs, as they are able to choose to do, but they and others acknowledge that, although ASBOs provide temporary respite, they do not tackle the root causes of behaviour.

The member made a point about six-month sentences. Someone who, on conviction, is sentenced to six months in jail, spends an average period in jail post-conviction of less than one month. I am afraid that I do not regard that as an effective disposal. I entirely disagree with the position that the member has taken, for the reasons that we gave during the recent parliamentary debate on this topic.

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Abdelbaset Ali Mohmed al-Megrahi (Representations)

To ask the Scottish Executive what recent representations the Cabinet Secretary for Justice has received regarding the release of Abdelbaset Ali Mohmed al-Megrahi. (S3O-08776)

I have received a variety of representations over recent months regarding the release of Abdelbaset Ali Mohmed al-Megrahi. I was particularly delighted to hear of the support from Nelson Mandela and I personally met Arun Gandhi, the grandson of Mahatma Gandhi, who expressed his agreement with my decision.

Will the cabinet secretary update the Parliament on the current state of Mr al-Megrahi's health?

No, I am not able to do that, because those reports remain with the council that is charged with dealing with his release. They will be forwarded in due course and, as before, we will make them available. Lord Foulkes will know that, if we have been given the opportunity to do so, we have made everything available on the internet. The latest report has not been received, but, as previously, we will make matters fully available.

The cabinet secretary will be aware that the matter has been the subject of intense public controversy. Given that, does he not agree that many might find it surprising that he has not been much more proactive in finding out precisely what the position is, especially bearing it in mind that the prognosis upon which the cabinet secretary based his decision—in part at any rate—was one of a life expectancy of three months and that that prognosis was given about five months ago?

I made it clear when I made the statements to the Parliament and at St Andrew's house that the criteria for compassionate release had been met in respect of the prognosis of a life expectancy of three months in the information provided by the director of health and social care at the Scottish Prison Service. I indicated that, although that was his prognosis, these matters are not an exact science and that Mr al-Megrahi might live longer or die sooner. The position remains that the timing of someone's death is a matter of when their body fails, an accident befalls them or their maker calls them. That is, correctly, not within the domain of the Cabinet Secretary for Justice. Mr al-Megrahi will die when one of those criteria is met.

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Domestic Violence

To ask the Scottish Government in what proportion of domestic violence crimes alcohol is believed to be a contributing factor. (S3O-08841)

The Scottish Government recognises that alcohol does not cause domestic abuse. However, we acknowledge that it is a contributing factor to the frequency and severity of abuse a victim will experience. In the 2007 evaluation of the pilot domestic abuse court in Glasgow, police identified that in 43 per cent of cases

"the alleged offender had consumed enough alcohol to merit mention."

The findings from the partner abuse section of the Scottish crime and justice survey 2006 also highlight the link between domestic abuse and alcohol misuse. More than 63 per cent of men and women who had experienced force said that the perpetrator had been drinking alcohol on at least one occasion.

We are clear that tough action on Scotland's drink culture will not in itself end domestic abuse, but it will greatly contribute to decreasing the risk of harm to many thousands of victims and children affected by the issue.

According to Scottish Women's Aid, research has shown that around a third of all reported domestic abuse incidents involve alcohol, which would account for approximately 18,000 recorded incidents in Scotland last year. Although it would be wrong to imply that there is a straightforward causal link between alcohol and domestic violence, research shows that there is a complex relationship between them, with alcohol functioning variously as an intensifier, an excuse and a method of exerting control when it figures in domestic violence incidents. Does the cabinet secretary agree that people on the receiving end of the worst excesses of Scotland's relationship with alcohol include many victims of domestic violence? Can he confirm that the Scottish Government will consider radical action to address that destructive relationship?

Absolutely. As I indicated in my answer to Ms McKelvie's first question, there is a clear correlation. As night follows day we have a culture in Scotland that my predecessor, Cathy Jamieson, referred to as a cocktail of bevvy and acts of violence. That has to be tackled. The Scottish Government has made it clear that there is a clear link between alcohol abuse and offending. That offending clearly penetrates into the home, damaging women in particular but also scarring children for years to come. It is for others in the chamber, given the opportunity to take tough action on the root accelerant that fuels so much domestic violence, to support this Government in taking action to change Scotland's unacceptable relationship with alcohol and to support minimum pricing.

In the cabinet secretary's response to Christina McKelvie's first question, he mentioned the pilot domestic abuse court in Glasgow. Organisations that deal with the victims of domestic abuse support that court, which has been able to deal with cases effectively and swiftly. Does the Government have any intention of continuing the pilot in Glasgow and rolling it out to other areas?

These matters are work in progress. It has been a pleasure and a privilege to see the court in operation, to meet Sheriff Raeburn and those involved in the care of women victims and to meet the police officers. As Ms Craigie will be aware, the court does not cover every police division in Glasgow, because of its size and the volume of cases, and clearly the matter is dealt with in different ways. In the recent debate in the Parliament, we fully accepted the convener of the Justice Committee's logic, albeit that he was wearing his political hat. We have to progress the matter.

There is no one-size-fits-all solution. I was a practitioner for 20 years in the courts of Scotland and I have been in courts in places such as Lochmaddy, Stonehaven and Dingwall, which clearly cannot deal with a specialist domestic abuse court—that is not to say that there is no domestic abuse in the Western Isles, the north of Scotland and elsewhere. We must adopt the approach that fits and works. The action that has been taken in Glasgow has been remarkably successful. I give the commitment that I have given to Mr Aitken: we will do what is appropriate for each jurisdiction in Scotland.

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Alcohol (Minimum Pricing)

To ask the Scottish Government what impact it considers that there will be on the incidence of violent crime and disorder if minimum pricing of alcohol is introduced. (S3O-08830)

Minimum pricing is one of the most effective ways of reducing alcohol misuse and harm and a broad consensus of support for the approach is building, particularly among people who see the effects of alcohol misuse every day.

The University of Sheffield alcohol policy model showed clearly that the policy would bring substantial benefits in the context of health, crime and employment harms. The estimated reduction in crime includes violent crime, criminal damage and acquisitive crime. For illustrative purposes, I point out that it is estimated that a 40p minimum price, combined with a discount ban, would result in 3,200 fewer criminal offences each year, including 850 fewer violent crimes. The associated total financial value of harm reduction is estimated to be £4.7 million.

I hope that all members will carefully consider the evidence and research during the passage of the Alcohol etc (Scotland) Bill.

Does the cabinet secretary agree that the evidence for minimum pricing is so overwhelming that if the approach does not become law there will be more violence and disorder, more people will be arrested and hospitalised and there will be more distress for families and communities than would otherwise be the case? There is a proven link between price and consumption. Does he therefore agree that the responsible and sensible way forward is for all members to support minimum pricing, which is an important law and order and public health measure?

I absolutely agree. As I said in response to Christina McKelvie, it is unfortunate that, for a far-too-significant section of Scottish society, when alcohol abuse takes place, violence follows. We must break the culture of bevvy and blade or bevy and batter the wife, which means that we must tackle alcohol abuse. A fundamental aspect of that is consideration of how alcohol can be not just promoted and consumed responsibly but priced responsibly.

Instead of giving us vacuous words about talking tough on crime, some members should think about taking action on the root cause of much crime, which is that far too much alcohol is available at pocket-money prices to fuel youth disorder, whether in the Borders or elsewhere.

The cabinet secretary acknowledges a link between price of alcohol and consumption. Does he also acknowledge concerns that minimum pricing could lead to an increase in the illicit and unregulated sale of cheap alcohol that has been purchased across the border?

Does the cabinet secretary accept the link between crime and the consumption of popular caffeinated alcoholic products, which would not be affected by minimum pricing? The link has been identified by Bill McKinlay and others.

I heard similar arguments from the voice of WalMart when I was visiting Asda at the Jewel.

People have always travelled to buy alcohol—whether to Calais or elsewhere. If minimum pricing were to be introduced in Scotland, some people might seek to do that—albeit at great cost, given the huge cost of fuel in this country as a consequence of the Chancellor of the Exchequer's levy.

Let us be clear. South of the border, the chief medical officer supports minimum pricing. The solution in Scotland is not simply to repeat the vacuous and mealy-mouthed words of the supermarket industry but to take action to protect our communities from low-level antisocial behaviour and to stop the serious violent incidents that are occurring in people's homes and on the streets because of the availability of cheap drink. We have to tackle the root cause, and that means bringing in minimum pricing.

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Scottish Crime Recording Standard

To ask the Scottish Executive what is being done to monitor the implementation of the Scottish crime recording standard across police forces to ensure a more victim-orientated approach in crime recording standards. (S3O-08757)

Since its introduction in April 2004, the Scottish crime recording standard has helped to provide a more uniform and victim-orientated approach to crime recording standards across Scotland. Ultimate responsibility for ensuring compliance with the SCRS lies with chief constables and is discharged by crime registrars in Scottish police forces. The development of the SCRS was reviewed by Her Majesty's inspectorate of constabulary for Scotland in February 2008 and the recommendations from that report are being taken forward by the Association of Chief Police Officers in Scotland, in liaison with the Scottish Government.

What impact has the introduction of the Scottish crime recording standard had on the recorded incidence of domestic violence and, in particular, the statistics recorded on male victims of domestic violence?

There is greater recording, which is to be welcomed. That is why Her Majesty's inspectorate of constabulary seeks to ensure that the good practice that operates in some jurisdictions is rolled out. It is clear and is accepted that domestic violence is perpetrated against males, but we must always take cognisance of the fact that it is clear that domestic violence and violence against partners is almost invariably—90 per cent and more—perpetrated by men against women. That is not to downplay the incidence of domestic violence against men or the undoubted trauma for the individuals, but we would do well to remember that it is primarily perpetrated by men against women.

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Environmental Justice

To ask the Scottish Executive whether it considers that the cost of court action acts as a barrier to members of the public seeking environmental justice. (S3O-08763)

No. Individuals who seek to use the courts to protect their rights have access to legal aid where appropriate, and this Government has made financial eligibility for legal aid significantly more generous. Nevertheless, we have invited the Court of Session Rules Council to consider whether there would be any merit in further provision in rules of court regarding protective costs orders to control the level of exposure to costs in appropriate cases.

For many members of the public who suffer from, or are at risk of, environmental damage, the thought of going to court can be not only emotionally daunting, but financially terrifying. Cases can run into tens of thousands of pounds, and cash-strapped communities are often up against well-resourced business interests. I ask the minister to go further than simply saying that he has written on the issue of protective costs orders: does the Government accept the principle that such orders should be granted in environmental public access cases?

Patrick Harvie mentions the anxiety that people who pursue environmental matters may feel about going to court. I point out to him that many individuals who raise other matters may have exactly the same anxieties. I assume that he is not suggesting that, in contrast to the position of all other litigants, there should be a special rule to indemnify actions that relate to the environment from any possible liability that would fall from losing the action.

Mr Harvie will be aware that Lord Gill covered protective costs orders in chapter 12 of the "Report of the Scottish Civil Courts Review". Lord Gill makes a case for such orders, which will be considered in the round with the other matters that he raised.

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Car Parks (Fines)

To ask the Scottish Executive whether it has had any discussions with private car park owners regarding the methods by which they issue and collect fines. (S3O-08798)

No. That is primarily a matter of contractual law between those who own and those who use such private car parks. However, we are aware that the High Court concluded in 1992 that wheel clamping on private land amounted to theft and that the demand for payment of a release fee amounted to extortion. Therefore, wheel clamping is not an option available to private car park owners to enforce fines.

Does the minister share my concern regarding the threatening tactics that some private car park companies use in collecting fines, which cause considerable distress to elderly and disabled constituents and families on low incomes? Is he aware that penalties include almost doubling the fine if it is not paid within 28 days and, sometimes, quadrupling it if it is not paid in shortly more than that period? Does he share my concerns about the distress that many of those companies cause vulnerable families that may need to budget to pay their fines? Will he consider regulation to ensure that any fines are collected in a fair way that does not impose undue time penalties on those who have the most difficulty in paying?

I share Irene Oldfather's concerns. If there is any harassment or abuse, that is a matter for the police. The Government would give full support to the police in dealing quite severely with anybody who sought to intimidate people, whether low-income families or the elderly. I am bemused by the terms of the contract that Irene Oldfather described and fines that increase in such a way. It is a matter of getting legal advice, because it seems to me that, in many instances, such contracts are not enforceable and cannot be successfully pursued.