SCOTTISH EXECUTIVE
General Questions
Summary Justice Reforms
To ask the Scottish Executive what progress has been made with the implementation of summary justice reforms. (S3O-9473)
The reforms have made a significant contribution to the delivery of summary criminal justice. Nationally, good use is being made of direct measures for low-level offences, meaning that they are dealt with swiftly and without the need to take up valuable time in the courts. Cases that proceed to court are now being dealt with more quickly. We are also seeing more pleas of guilty at pleading diet, which means that victims and witnesses in those cases avoid the stress of a court case. However, although good progress is being made, there is still scope to improve efficiency and effectiveness in the summary courts and work is on-going at national and local level.
When this issue was recently discussed by the Justice Committee, the Association of Scottish Police Superintendents expressed concern that the rights of victims and communities are being sacrificed. Does the cabinet secretary agree that those fears are being harnessed in the pursuit of a policy of a presumption against sentences of six months or less and that that policy has been undermined further by statistics that were reported on Tuesday, which show that a third of community service orders are being breached?
No, I do not agree. The summary justice reforms that Mr Kelly seems to be so staggered by and aghast at were first begun under the previous Labour-Liberal Administration. As with so many matters, Labour in government says one thing and does nothing, but in opposition takes the contrary position.
Does the cabinet secretary believe that the introduction of arbitrary six-month mandatory sentences for carrying a knife, which take no account of the crime's context or circumstances, will simply clog up the courts and prison system with offenders, many of whom will be young first-time offenders who could more appropriately be dealt with through other types of disposal? Does he also agree—
Briefly, please. This is a supplementary question.
Does the cabinet secretary agree that effective policing and education represent the best way of tackling and preventing knife crime?
Absolutely. In this matter, I must stand by the fine words of Hugh Henry. He is not here today to stand up for himself, but when he was the Deputy Minister for Justice he made it clear how ridiculous the proposal was. That said, I note that with regard to its own proposal, Labour is now talking about exceptional circumstances relating to both the offender and the offence. How is that any different from the current law? Hugh Henry ruled out the proposal when Labour was in government but, yet again, when in opposition Labour tries to score cheap political points and refuses to address the fundamental issue of the booze-and-blades culture that my predecessor highlighted. Labour talks tough about blades, but it did nothing about them when it was in power. As for booze, it is now doing nothing to tackle the real problem of the availability of cheap drink.
Legal Highs
To ask the Scottish Government what action it is taking to combat the use of legal highs such as bubbles, which is a form of methadrone. (S3O-9520)
Last week, I wrote to the Home Office to stress the importance of finding a solution to this problem as quickly as possible. I am of the view that these synthetic cathinones can be as harmful as any other illicit drug and should therefore fall under the Misuse of Drugs Act 1971 as soon as possible.
Anecdotal evidence suggests that bubbles seems to be a growing problem, particularly in Dundee; indeed, the name first appeared in the media in the city's Evening Telegraph. Given that, as the minister has pointed out, the use of mephedrone can cause adverse reactions, including, in extreme cases, death, does he agree that we really need to urge Westminster to add it to the list of illegal drugs as quickly as possible?
The local member has highlighted the problem in Dundee, where, as reports in November 2009 indicated, five young people needed treatment after using so-called bubbles. All recovered, but two had to be hospitalised.
Will the minister join me in praising the efforts of Tayside Police to educate young people in particular about the severe health dangers of so-called legal highs such as bubbles? Does he agree that, while it is absolutely right to move to ban such substances—consideration of mephedrone must be part of that—the interim action that police forces are taking to prosecute for reckless conduct those who distribute such substances must also be supported?
Of course we recognise and support the excellent work done by police forces throughout Scotland. Arguably, they have had greater success in tackling drugs in the past 12 months than they have had at any other stage in the history of policing in Scotland, not least in Grampian, where they have carried out massively successful operations. We continue to support the police and the Scottish Crime and Drug Enforcement Agency in taking tough and effective action.
“Review of Fatal Accident Inquiry Legislation”
To ask the Scottish Executive when it expects to respond to the report of Lord Cullen's "Review of Fatal Accident Inquiry Legislation". (S3O-9465)
The Government is giving careful consideration to the recommendations that Lord Cullen made in his report "Review of Fatal Accident Inquiry Legislation". Many of his recommendations have practical implications for the Scottish Court Service and the Crown Office and Procurator Fiscal Service, and the Government will liaise closely with those bodies in identifying how the recommendations should be implemented.
The minister will be aware that lengthy delays in holding FAIs cause distress to the relatives of those who have died, and can also affect the quality of the evidence given, because memories fade and, in some cases, people die. Does the minister agree with Lord Cullen's recommendation that preliminary hearings could be held before a full inquiry, so that relatives' concerns could be considered, even though criminal proceedings might be pending in some circumstances?
Patricia Ferguson said that Lord Cullen recommended preliminary hearings. That would have implications for the operation of the Scottish Court Service and the Crown Office and Procurator Fiscal Service. We instructed Lord Cullen to carry out the review because we are aware, as the Crown Office is aware, of the difficulties with FAIs, one of which is delays, and we are seeking to address those, but the courts have to rise to the occasion in the current situation and deal with cases quicker.
The cabinet secretary knows that I have been working with Julie Love and her family following the tragic death of her son Colin on Margarita Island, with a view to extending fatal accident inquiries to include the deaths of Scottish citizens overseas. At Tuesday's Public Petitions Committee meeting, I raised the issue of the timetable for the Scottish Government's response to Lord Cullen's report. Can I press the cabinet secretary to answer that question as a matter of urgency, because relatives are waiting? Will he look at the wider issue of how the consular system and the Foreign and Commonwealth Office could assist in any extension to the FAI process?
Bob Doris raises two matters. We have had the opportunity to meet him and his constituent.
Private Finance Initiatives and Public-private Partnerships (Funding)
To ask the Scottish Government how much it will have to find in total from 2010-11 onwards to fund all existing PFI and PPP contracts. (S3O-9521)
The total unitary payments for all existing PFI and PPP contracts from 2010-11 onwards are approximately £27.7 billion. That figure is inclusive of Scottish Government PFI/PPP funding contributions.
Does the cabinet secretary agree that PPP and PFI contracts have proven to be an extremely expensive way of delivering new schools, hospitals and infrastructure projects, often to a less than impressive standard? Will he confirm that the Scottish Government will use traditional procurement methods and the Scottish Futures Trust to build much-needed infrastructure projects that represent much greater value for money and do not bequeath an intolerable burden on future generations?
I assure Mr Gibson that running through the Government's capital programme, the work that we are undertaking with the Scottish Futures Trust and all our capital investment is the determination to maximise value for money for the taxpayer. Many PPP and PFI contracts were procured at far too high a cost to the public purse. The Government is determined to maximise value and sustainability in our capital programme in the years to come.
Does the cabinet secretary recall telling me at the Finance Committee that the non-profit distributing model was part of the PPP family? Does he agree that his Government has changed the hub initiative of the previous Government by making it an equity investment model, which is currently being tendered for, and that private sector investors will receive profits according to the share of their equity investment, which will be neither limited nor capped? How does that fit with his answer to Mr Gibson's question?
My point was that the Government is pursuing value for money in all its capital investments. That is the absolutely consistent point in what the Government is doing. We have made that central to the initiatives that the Government is taking forward and any decisions on capital investment. That is how we will proceed with our capital investment programme.
The cabinet secretary and his colleagues might not like PPP but they are not shy about opening facilities that were built using that funding model. Indeed, the First Minister and Deputy First Minister did so earlier this week at Victoria infirmary, and will do so again at Stobhill hospital. Mr Russell is going to visit the new St Ninian's high school in my constituency.
Question, please.
If PPP is so bad, can the cabinet secretary tell us when his £180,000-a-year chief executive of the expensive quango the Scottish Futures Trust will come up with a suitable alternative funding model?
I am sorry to have to add my name to the list that Mr Whitton is banging on about. Through an unbelievable set of events, I have been invited to open my former school, Forrester high school in the city of Edinburgh, which has been refurbished. I will be delighted to return to see the school as a new venture in continuing its fine academic tradition. I am not sure if Mr Whitton gets invited back to his old school; maybe he has to see the headmaster, or something like that.
Community Planning
To ask the Scottish Executive what progress there has been in community planning. (S3O-9482)
Community planning partnerships are doing extremely good work. I am delighted that we have agreed single outcome agreements with all 32 partnerships, in which they have set out their priorities to deliver better outcomes for their communities.
Is the cabinet secretary aware that a recent case study by the Scottish centre for regeneration highlighted concerns about a lack of community engagement in community planning and about the future use of the fairer Scotland fund after the removal of ring fencing? Will the cabinet secretary assure us that he will take steps to improve community engagement and to prevent fairer Scotland funding from being used to prop up mainstream budgets, which are increasingly under pressure?
I agree with Michael McMahon's substantive point that it is essential that effective community engagement is at the heart of community planning. That is an essential element of the arrangements that are in place. If Mr McMahon has examples from his constituency work or wider areas that he wishes to draw to my attention, I would be delighted to take action in that respect. We have agreed with local authorities and the Convention of Scottish Local Authorities a set of outcomes that will assist us in deciding how the fairer Scotland fund money is used to support the achievement of those outcomes. I suspect that Mr McMahon will agree with those outcomes. As I say, if he has particular concerns, I would be delighted to respond to them.
Dangerous and Antisocial Parking
To ask the Scottish Executive what action it has taken to address dangerous and antisocial parking since May 2007. (S3O-9491)
Enforcement of parking restrictions that are imposed by local authorities under the Road Traffic Regulation Act 1984 is a matter for the police or, where decriminalised parking enforcement has been introduced, for parking attendants who are employed by or under contract to the local authority.
The minister will agree that, in fact, that is not working. Pavement parking creates a risk for children, parents with buggies and people with disabilities who have wheelchairs or scooters. Will he consider how the measures can be strengthened and perhaps how local authorities can introduce byelaws to end pavement parking?
Local authorities have powers to promote traffic regulation orders under the Road Traffic Regulation Act 1984. That allows them to cover wide areas and hotspots where such unhelpful and unsocial parking takes place. I encourage them to do so. My officials will be happy to advise, if that is of assistance.
Scottish Qualifications Authority Awards
To ask the Scottish Executive how it will ensure that courses developed under the curriculum for excellence meet eligibility requirements for Scottish Qualifications Authority awards. (S3O-9516)
The curriculum for excellence aims to raise achievement through improved learning and teaching. Ensuring that learners can progress smoothly from their broad general education at the end of secondary 3 into qualifications during the S4 to S6 senior phase will be a key part of that. The Scottish Qualifications Authority is working positively with the education profession to ensure that the new qualifications build on prior learning and are flexible enough to be timetabled in different ways while maintaining standards.
Does the cabinet secretary share the concerns that have been expressed that some of the new highers that are being developed under the curriculum for excellence are at risk of appearing to be highers in name only, first, because they do not contribute to the national statistics on school performance and, secondly, because some pass marks equate to only 45 Universities and Colleges Admissions Service points, which is not even the equivalent of a C pass?
We must ensure that every qualification that is available at school is rigorous and contributes to the continual improvement in achievement by young people. I am certain that the new qualifications will do so but, as I have made clear in the Parliament before, I will not sign off any arrangements for the curriculum for excellence or new qualifications until I am absolutely convinced that they contribute positively to the development of Scotland's young people.
Flooding
To ask the Scottish Government what consideration has been given to using people subject to community service orders, where appropriate, to work in alleviating flooding. (S3O-9533)
We have seen the excellent work that people who are on community service have been doing clearing snow in the recent winter months. That type of work demonstrates clearly the potential for work by offenders in the community. In doing so, they do something necessary, rather than getting free bed and board in prison and giving nothing back to the communities that they have harmed. However, flooding is a different situation from snow clearing. Although local authority community service teams assist with emergency situations, flooding management is highly skilled and potentially dangerous and is under the control and command of the police and fire and rescue services.
I am not sure whether the cabinet secretary is aware of my campaign on the issue in Inverclyde, which has had major problems with flooding in recent years. I agree that there are health and safety legislation aspects, but I am sure that, where there is a will, there is a way. Will the cabinet secretary therefore agree to meet me to discuss the matter further and, I hope, find a way of making progress on the proposal?
Absolutely. The Government is keen that, as I said, people should not be given free bed and board. They should be locked up when they are a danger to the community and have committed serious offences that merit that but, other than that, they should pay back the harm that they have done and make our communities safer and better.
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