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Chamber and committees

Plenary, 11 Mar 2004

Meeting date: Thursday, March 11, 2004


Contents


Question Time


SCOTTISH EXECUTIVE


Enterprise, Transport and<br />Lifelong Learning

Good afternoon. We now begin our new, extended question time, starting with questions on enterprise, transport and lifelong learning.


A80 (Upgrade)

To ask the Scottish Executive whether, following the Minister for Transport's recent visit, there will be a public inquiry into the proposals for the upgrade of the A80. (S2O-1478)

No decision has yet been taken, but it would be unusual for a scheme of this scale and importance to proceed without a public local inquiry.

Donald Gorrie:

The minister's statement is welcome, as was his visit. I am sure that the local people will appreciate the time and interest that he has shown. Would he agree that, particularly in this case, in which there are strong feelings about the two alternative routes for the road—there are strong arguments for and against in each case—a proper inquiry at which all the arguments may be tested would be the best way forward?

Nicol Stephen:

If an objector wishes to put forward, and justify, any alternative route, the reporter, assuming that there is an inquiry—as I have said, a decision on that has yet to be taken formally—would be duty-bound to consider it and report back to me as Minister for Transport. We are now some way through the consultation on the first phase of development. There will be three phases of development under the terms of the current proposals. The detailed proposals for stages 2 and 3 will be published later this year. In my view, if a public local inquiry were required, it would be sensible to hold it in relation to the three phases of the scheme.

Cathie Craigie (Cumbernauld and Kilsyth) (Lab):

I welcome the minister's response. He will be aware that there has been uncertainty surrounding the A80 in my constituency for 30 years. I do not suppose that he will have had personal experience of that for many of those years, but the people of Cumbernauld and Kilsyth have been suffering chronic congestion daily. Will he do everything in his power to ensure that the road orders for the next phases of development are published as soon as possible, and that a public local inquiry will examine the three phases along the stretch of the road between Stepps and Haggs?

Nicol Stephen:

I am very pleased that work at the Auchenkilns roundabout is now under way. We are spending more than £20 million on introducing a grade-separated junction there, which will improve the situation. However, I believe that the full scheme is required—virtually everyone in the community recognises that some change is urgently required.

I have not had to suffer the daily inconvenience and disruption that are caused by the congestion on the A80. However, I have sat in traffic there for two hours on a journey from Aberdeen to Glasgow, and I know of some of the serious congestion that has occurred in recent weeks, so I realise how topical the subject is. That is why I am very pleased that we are committed to the scheme, that funding has been set aside for it and that we will be investing tens of millions of pounds over the coming years in making a very major improvement.

Has the minister ruled out a general public inquiry? If so, will any public inquiry be a local public inquiry? How wide would a local public inquiry's remit be?

Nicol Stephen:

The inquiry will be a public local inquiry. I hesitate to describe, off the cuff and in the Parliament, the remit of that public local inquiry, but it will be the normal public local inquiry permitted, to which the normal procedure for major trunk road schemes applies. I give Alex Neil the assurance that I gave Donald Gorrie: any objector has the opportunity to put forward the case for any alternative proposal.

Margaret Mitchell (Central Scotland) (Con):

Will the minister confirm that any inquiry will include a full appraisal of both the costs and the benefits of the A80 upgrade and of the Kelvin valley route for the new motorway? Will it include a comparison between the economic and environmental impacts of both options?

Nicol Stephen:

The costs and benefits of the proposals will be part of the evidence that is put in front of the public local inquiry—that is only appropriate. I have visited the alternative route and looked at the proposals in that regard, but I should make it clear that the evidence that the Scottish Executive brings forward will be in relation to the scheme that it favours. That is normal; it would be extremely unusual for the Scottish Executive to come forward with multiple proposals or to give evidence on a multiplicity of schemes.


Higher Education (Investment)

To ask the Scottish Executive what role maintaining competitive levels of investment in the higher education sector has in delivering the smart, successful Scotland economic policy in the short to medium term. (S2O-1447)

A thriving higher education sector is a key part of our vision for a smart, successful Scotland. The Scottish Executive is committed to maintaining the competitiveness of our higher education sector in national and international terms.

Fiona Hyslop:

Perhaps the minister will tell us at some point what that means in pounds, shillings and pence. Will he acknowledge that, in the most recent spending review in 2002, the rate of investment in higher education in England was substantially higher than the rate here in Scotland? Regardless of the Westminster Parliament's decision on top-up fees in the future, does he recognise that we have a strong case to argue for more competitive investment in higher education here and now, as part of his economic policy for a smart, successful Scotland?

Mr Wallace:

I remind Fiona Hyslop that the Executive parties decimalised in 1971, so I assure her that when I give the answer, it will be in pounds and pence rather than in pounds, shillings and pence. Her comment proves that the SNP is still stuck somewhere in—[Laughter.]

It is important to put it on the record that, as part of the current spending review, funding and investment in higher education in Scotland will go up by some 6.9 per cent in real terms, over and above the rate of inflation. The Executive has made a commitment to higher education during the period for which we have had responsibility. A lot of economic development is dependent on research, and we will increase funding for research by 20 per cent in real terms by 2005-06. Within that, the Scottish Higher Education Funding Council's knowledge transfer budget, which is used to expand commercialisation of research, will be doubled to at least £12 million by 2005-06. There can be no doubt about the Executive's commitment to maintaining Scotland's competitive advantage in higher education.


Congestion

To ask the Scottish Executive what steps it is taking to reduce congestion on Scotland's motorway and trunk road network. (S2O-1548)

The Minister for Transport (Nicol Stephen):

We aim to reduce congestion on Scotland's motorways and trunk roads by making major investment in a range of public transport alternatives, by tackling key congestion points on the network, and by encouraging a shift in people's travel choices.

Ms Alexander:

Will the minister tell us what the Executive's policy is on the proposals to introduce congestion charging in the city of Edinburgh? Is the Executive considering congestion charging as a way to finance further road network development in Scotland?

Nicol Stephen:

The answer to the second point is no, we are not. On the first point, the Transport (Scotland) Act 2001 enables local authorities to come forward with road-user charging schemes. That act was passed by this Parliament and was widely supported. I have a role in the proposals that are being brought forward by the City of Edinburgh Council; if those proposals are submitted to the Scottish Executive, it will be for me as Minister for Transport to approve that charging scheme, to approve it with amendment, or to reject it. It would therefore be inappropriate for me to comment on it at this stage. The Executive supports the ability of local authorities to come to their own local decisions on road-user charging schemes and to bring them to the Executive in due course if they believe that they are appropriate.

The trends on the graphs for road traffic use, for journey times in cities and for congestion are all continuing to rise—if anything, they are rising slightly faster than previously. When does the minister expect that rise to end?

Nicol Stephen:

The trend is worrying. It is not a Scottish trend or a United Kingdom trend but an international trend. There is growing congestion, particularly in areas of economic expansion.

It is important that we invest not only in the sort of public transport alternatives that I have spoken about, but in our road network. We must ensure that our roads are properly maintained and that specific congestion hotspots and pinch-points are tackled. That is why our roads budget will be maintained.

As Chris Ballance knows, we are expanding our investment in public transport. That investment will increase by 70 per cent over the period to 2006. However, it would be wrong of any minister to anticipate the day on which we start to achieve progress with the level of congestion turning around. We have a long-term objective of reducing the level of road traffic to the 2001 level by 2021. That is why I am determined to do all that I can to ensure that we maintain our investment in public transport, introduce quality alternatives to using the car and encourage more people to leave the car at home and make use of our trams, buses and rail connections.


Bottled Water Industry

To ask the Scottish Executive what support it gives to the development of the bottled spring water industry. (S2O-1434)

The Deputy Minister for Enterprise and Lifelong Learning (Lewis Macdonald):

As in other industrial sectors, companies that operate in the bottled spring water sector can access a range of business support from the enterprise networks. That support includes helping suppliers to access new markets, develop new products and improve efficiency in production and distribution, as well as encouraging collaboration, the sharing of best practice and effective networking.

Murdo Fraser:

The minister will be aware of the economic contribution that is made by companies such as Highland Spring Ltd, in Blackford, Perthshire, and the Strathmore Mineral Water Company Ltd, in Forfar, which produces the wonderful water that we drink in the chamber. Can he tell us why he allows a situation to persist in which Scottish spring water producers are assessed for business rates on their boreholes, whereas bottled spring water producers in England are not? What is he going to do to address that competitive disadvantage for Scottish spring water producers?

Lewis Macdonald:

We want to ensure that there is no competitive disadvantage, which is why we maintain under regular review the basis on which such things are assessed. Mr Fraser will be aware that we have taken significant steps forward on business rates in Scotland over the past 12 months, and we will continue to address those issues.

Roseanna Cunningham (Perth) (SNP):

Highland Spring Ltd is based in my constituency. It is a big employer, and the industry as a whole employs a huge number of people throughout Scotland. Can the minister say what specific steps he and the Executive are taking to support Highland Spring Ltd in its current campaign against the misleading selling of Dasani water? Dasani is labelled in a way that allows people to believe that it is something that it is not, whereas it should be labelled "Not the real thing". Are there specific steps that he can take to support that campaign?

Lewis Macdonald:

Roseanna Cunningham will appreciate that the responsibility for such matters lies with the Food Standards Agency. Although there is no legislation relating specifically to the use of the term "pure"—which term is a matter of controversy in this case—there is clear guidance from the Food Standards Agency that the term "pure" should be used only to describe a food product to which nothing has been added. In the case that she mentioned, it is clear that minerals have been added to the water. The Food Standards Agency has raised the matter with the relevant local authority in whose area the producers of Dasani are based, and it is currently investigating the matter. Any decision about whether the law has been broken will, ultimately, be for the courts to make.


Marine Energy (Employment)

To ask the Scottish Executive what action it is taking to ensure the maximum employment potential from wave and tidal power. (S2O-1507)

The Deputy Minister for Enterprise and Lifelong Learning (Lewis Macdonald):

The forum for renewable energy development in Scotland—FREDS—last year set up a sub-group to prepare an action plan for the development of the marine energy industry. I expect the marine energy group to report to the next meeting of FREDS in Aberdeen in May.

Mr Stone:

The minister will be aware that the Pentland firth, between Orkney and my constituency, has been described as a future Saudi Arabia because of the amount of energy that can be produced there from tidal power. As he will also be aware, a scheme is being worked up there by the Robert Gordon University and others. First, will he assure me that he will take a close look at what is proposed in the Pentland firth? Secondly, will he assure me that the Executive will consider that as a model for similar schemes in other parts of Scotland where there are equally strong tidal races?

Lewis Macdonald:

I look forward to Jamie Stone reporting Saudi Arabian levels of income for the people of Caithness, Sutherland and, on the other side of the firth, the Orkney Islands. I hope that that will be one of the consequences of developing this industry.

To ensure that we maximise the returns from marine energy, we will continue not only to provide the current level of support but to build on that support. We recognise that tidal energy is potentially one of Scotland's greatest resources. Indeed, because, unlike some other forms of energy, one can predict tidal streams thousands of years in advance, tidal energy will increase security of supply from renewable sources.

However, tidal energy has not yet reached the point at which it can be developed commercially, which is why we have invested more than £2 million in the European Marine Energy Centre in Orkney and why we will encourage the industry to develop the new technology in this country. After all, we want to capture the jobs and business benefits as well as the environmental benefits of developing marine energy.

Sarah Boyack (Edinburgh Central) (Lab):

I welcome the minister's positive response. I should also say that the developments in Orkney and the work at the Robert Gordon University are also very welcome. We need long-term funding to allow the technology to be developed and its potential to be maximised.

After attending this week's launch in Edinburgh of the Pelamis, which is a wonderful technological development, I am aware that, with all the developments in wind power and the massive potential of wave and tidal power, the issue of upgrading the grid will be critical. Will the minister commit himself to securing a positive response in negotiations with the UK Government on that matter?

Lewis Macdonald:

Sarah Boyack has raised two very important issues. Members will recall that, when we passed the Sewel motion on the Energy Bill, which is UK legislation, a couple of weeks ago, we permitted the doubling of Scottish ministers' budget for promoting renewable energy. However, the Department of Trade and Industry will continue to provide much of the capital funding for this matter.

Sarah Boyack was also right to raise the issue of upgrading the grid. If we are to connect the electricity produced in the more remote parts of Scotland to the national grid, it will need to be upgraded. We will continue to work with the grid's operators and the UK Government to ensure that that happens.

Rob Gibson (Highlands and Islands) (SNP):

Will the minister confirm that, in discussions with the Great Britain transmission issues working group, he is making the case for a level of public investment in the interconnectors and the grid to create jobs that is the same as the investment that previous Governments made in the development of nuclear power?

Lewis Macdonald:

We are seeking to work with our industry partners to ensure that they recognise both the need for their investment and the benefits that could come from it. We and the UK Government will work in partnership with the industry to deliver that. The key point is that we have a grid that allows the maximum output of renewable energy from around Scotland.


Borders Railway

To ask the Scottish Executive whether it has considered the business case for the Borders railway and whether it will now fund the line. (S2O-1497)

The Executive is currently considering the business case and we are now assessing further information that we recently received from the Waverley railway partnership.

Christine Grahame:

Is the minister aware that since 1998 more than 4,700 jobs have been lost in the Scottish Borders, that 35 per cent of the remaining 41,000 jobs are part-time and that the average weekly wage in the Borders is £80 less than the average weekly wage in the rest of Scotland?

In light of those facts, does the minister agree with Scottish Enterprise Borders that a modern public transport network, including the railway, is crucial to the Borders economy? On that basis, will he confirm that he will look beyond the Scottish transport appraisal group guidelines—which, from a previous reply, appear to be the only test in this respect—and fund the line on the wider and crucial economic case?

Nicol Stephen:

The STAG appraisal is a very important part not only of any rail project but of any public transport project. Indeed, it is an important part of all transport projects—after all, it should also be applied to roads projects in Scotland. As a result, it is vital that ministers consider that important appraisal in order to make a robust case.

That said, the Executive is committed to progressing the Borders rail project, which received clear support in our partnership agreement. On that point, I should say that however much Christine Grahame might refer to a Scottish Enterprise Borders document, the project rates no mention in the SNP manifesto, which also contains absolutely no commitment to funding it.

Jeremy Purvis (Tweeddale, Ettrick and Lauderdale) (LD):

It is important that the project gets up and running.

It has been claimed this week in the newspapers that Ms Grahame's telephone calls are being spied on, but not even the security services would be able to find a reference in the SNP manifesto to the Borders railway.

I am curious to know who might spend their time tapping Christine Grahame's phone line. Perhaps we should leave the matter there until the Minister for Justice and the Lord Advocate start answering questions.


Justice and Law Officers


Trials in Absence of Accused

To ask the Scottish Executive whether, following the stage 1 debate on the Criminal Procedure (Amendment) (Scotland) Bill, it will reconsider plans to conduct trials when the accused is absent. (S2O-1485)

The Deputy Minister for Justice (Hugh Henry):

We have listened to the Justice 1 Committee's concerns and we note the committee's opposition to an accused being tried in their absence from the outset. We are aware that amendments may be lodged on that at stage 2 and we will reflect on such amendments.

I thank the minister for that reply. Will he consider lodging Executive amendments to deal with that particular topic?

Hugh Henry:

The deadline for Executive amendments has passed, so we do not have that opportunity. However, I am aware that at least one amendment on that topic has been lodged and there may be more. We take seriously the points that the Justice 1 Committee made. We also note that the committee said that it would at least consider the possibility of trials being held in the absence of the accused where all the evidence has been led. We share the committee's view that far too many trials are abandoned because someone absconds, which affects far too many people, such as witnesses, who can suffer trauma and turmoil.

Justice is denied when an accused absconds. We believe that abandoned trials go against everything that we are trying to do to ensure that justice in Scotland is seen to be working effectively for everyone. We are committed to a safer and stronger Scotland. As part of that, we need a court system that works for everyone concerned and which ensures that victims and witnesses have a sense of commitment and achievement from the justice system and that they do not feel that it is balanced the other way.

Pauline McNeill (Glasgow Kelvin) (Lab):

Does the minister agree that there should be tough measures in our criminal justice system for those who fail to appear for their trials? Does he also agree that the current proposal to try an accused in their absence was not supported by the evidence that the Justice 1 Committee heard? When he considers the committee's position—the committee rejected the notion that an accused should be tried in their absence—and its suggestion that the trial in absence procedure could be used when all the evidence has been led before a jury, will he also consider our report, in which we suggest that we should consider closely why some accused persons fail to appear for their trial?

Hugh Henry:

Yes, we will certainly consider that. We must try to find out why some accused persons fail to appear for trial. The more information we have, the more that can inform current decisions and future ones. I believe that, across the Parliament, we are all committed—from the committee's discussions, I know that it is committed—to seeing the improvements that have been mentioned take effect. It is wrong that one or two people, having made a perverse decision that is often an attempt to deny justice, can have such a devastating and costly effect not only on the court system, but on the wider community.


Off-licences

To ask the Scottish Executive whether, as part of action on antisocial behaviour, it will implement more effective controls over off-licences that sell alcohol to under-age young people. (S2O-1455)

The Minister for Justice (Cathy Jamieson):

We absolutely condemn the sale of alcohol to under-age young people and are determined to tackle the irresponsible retailers who allow that to happen. I have already announced our proposal that off-sales should be required to operate a no-proof, no-sale policy as a condition of holding a premises licence.

Bill Butler:

I am grateful to the minister for her response and I am glad to hear—as I am sure we all are—that she is committed to taking action against the minority of irresponsible licensees who sell alcohol to under-age young people. Will she say what measures the Executive intends to introduce to empower individuals and community organisations by giving them a greater say in the regulation of off-sales in their communities?

Cathy Jamieson:

As Bill Butler rightly reminds us, only a minority of retailers would act in an irresponsible way. The issue is important, both for the health of our young people and for community safety and public order. That is why my proposal is that the statutory guidance that we issue should include a specific requirement for off-licences. That will ensure that the local licensing board must make a proactive assessment of local provision, in consultation with the police and local communities, in advance of the introduction of the new regime.

Mrs Margaret Ewing (Moray) (SNP):

I think that all of us endorse the view that has been expressed by Bill Butler and the minister, but is the minister satisfied that the current law is being used effectively to bring prosecutions? It seems to me that attempts to bring prosecutions in this area are limited. I have already lodged a written question asking for statistics.

Cathy Jamieson:

I am sure that we will produce the figures that Mrs Ewing seeks in due course. It is important to recognise that, following what was outlined in the Nicholson report and the subsequent Daniels report, we are proposing a fundamental review in relation to a range of provisions. My belief is that the licensing provisions need that fundamental overhaul. It is clear that, in many areas, local communities do not feel that they are protected by the existing regime. We have only to consider the figures on young people who drink to excess and the problems of binge drinking to realise that we require not only legislative solutions, but a culture change and a change in attitudes to alcohol in Scotland.

Des McNulty (Clydebank and Milngavie) (Lab):

In many communities, there is a perception that there are just too many off-licences. In the context of reviews of provision, will the Executive support local authorities in denying licences when they feel that there is over-provision in a particular locality or when there is abuse?

Cathy Jamieson:

I hope that I made clear in my answer to Bill Butler our intention that the local licensing boards will be able to take account of provision in a local area, bearing in mind the Nicholson principles of public order and public safety and the impact on health. That is an indication that local licensing boards should be able to take provision into account and, indeed, should be proactive in making such an assessment.


Corporate Homicide

To ask the Scottish Executive what steps it is taking to review the law on corporate culpable homicide. (S2O-1436)

The Minister for Justice (Cathy Jamieson):

This is an issue that we take very seriously, as the loss of life in any circumstances must never be dismissed. Both the First Minister and I have said before that, if we conclude that the law on corporate homicide needs to be changed, we will bring forward proposals to do so.

Karen Gillon:

I welcome the minister's comments, but it is now some four years since the deaths of the Findlay family in my constituency. Although the case that was brought by the Lord Advocate was historic—it was the first of its kind in Scotland—it did not find its way to trial. It is clear that there is a gap in the system. Will she undertake to make the necessary changes, in discussion with everyone involved, as quickly as is practical?

Cathy Jamieson:

Karen Gillon is right to remind us that it is some time since the incident in question. I understand the position of the families and those who lost loved ones in that tragic circumstance. Work is continuing on what is a complex area. In an answer to a question from Karen Gillon last month, I said that I would be more than happy to meet her but, at that stage, we concluded that it might be best if we waited until we had fully considered the judgment. I repeat that, if we require to make changes, we will do so. I am more than happy to discuss with Karen Gillon how we progress the matter, about which I will keep her fully informed.

Lord James Douglas-Hamilton (Lothians) (Con):

Does the minister accept that the Health and Safety Executive can make reports and recommendations that give rise to prosecutions? If she is minded to re-examine the subject, I ask her to consult the Health and Safety Executive, which has a lot of experience in the field.

Cathy Jamieson:

I am well aware of the Health and Safety Executive's work across a range of areas. That work embraces not just the area under discussion but the whole field of health and safety at work. Whatever we do, we will of course consult all the relevant organisations.


Clementi Review

To ask the Scottish Executive what the implications are for Scotland of the Clementi review. (S2O-1515)

The Minister for Justice (Cathy Jamieson):

The review is about the regulation of the legal professions in England and Wales. Although it does not apply to Scotland, it identifies issues that are of relevance. We are keen that legal services in Scotland should be regulated in the interest of consumers and that our market should be competitive. We are commissioning research into the legal services market in Scotland. The research findings will provide an evidence base and will allow us to develop policies that address Scottish circumstances.

Christine May:

I am grateful to the minister for her explanation of the scope of the review and of its potential implications.

Does the minister agree that many individuals feel that the present procedures do not give them a sufficiently simple, transparent and robust mechanism to address their legitimate grievances about poor legal practice? What steps will she take to ensure that better mechanisms are introduced to give aggrieved individuals a route by which their concerns can be addressed?

Cathy Jamieson:

Christine May will be aware that, in the first session of the Parliament, the Justice 1 Committee undertook a thorough inquiry into regulation of the legal profession. A number of recommendations were made at that stage and they are being acted on. Indeed, this week, in response to the announcement about the Clementi review, the Law Society of Scotland recognised that we have moved a considerable way forward in Scotland.

However, from the correspondence that I have received from a number of MSPs, I am aware that people are concerned to ensure that we continue to keep the area under close review and that we consider, in particular, the role of the Scottish legal services ombudsman and whether any areas need to be strengthened. I have already had some very productive discussions with the Law Society of Scotland, which I hope to continue.


Offenders (Employability)

5. Rhona Brankin (Midlothian) (Lab):

[Interruption.] I am sorry, Presiding Officer; I failed to have my card in the slot.

First, I declare an interest, which is that I am the chair of the Scottish Library and Information Council.

To ask the Scottish Executive what steps it is taking to improve the employability of offenders. (S2O-1511)

The Deputy Minister for Justice (Hugh Henry):

As well as the Scottish Prison Service, a number of voluntary organisations provide education and recognised training that aim to improve the skills of prisoners. The Scottish Prison Service is also working with employer representatives to enable prisoners who are leaving custody to access employment opportunities.

Rhona Brankin:

Does the minister agree that, as many offenders have not benefited hugely from school education, opportunities for lifelong learning are absolutely central to improving employability? Does he further agree that prison libraries play a vital role in delivering lifelong learning and so to improving employability?

Hugh Henry:

Very much so. The number of people from some sort of disadvantaged background who end up in prison is a tragedy, although that is not to excuse their criminality. Sometimes, during the time that they are in prison, they are not adequately or properly prepared for their release. If they do not have the proper skills or educational background, they are left at a greater disadvantage when they come out of prison.

I recognise the role that the use of libraries, reading and other such educational skills play in the development of the policy. We are equally concerned to ensure that the preparation of prisoners for release during the time that they are in prison is absolutely consistent with the support that is given to them upon release. One of the things that we are concerned to do is to get the different parts of the system working more effectively. That is why we are consulting on the creation of a single agency.


Crime Victims

To ask the Scottish Executive what guidance is issued to procurators fiscal on keeping alleged victims of crime and, where appropriate, their families informed of the conduct and progress of cases in which they have an interest. (S2O-1472)

The Solicitor General for Scotland (Mrs Elish Angiolini):

The function of the victim information and advice service, which is known as VIA and is part of the Crown Office and Procurator Fiscal Service, is to provide victims, and in some cases their families, with information about the progress of cases in which they have an interest. VIA also provides explanatory information about the criminal justice system and details of the agencies that offer practical and emotional support, so that victims and next of kin are aware of, and can access, all the help and support that they require.

In accordance with detailed referral procedures, procurators fiscal advise VIA of those cases in which victims, or their relatives, should be offered that information. VIA's services will be available in each procurator fiscal office by the end of the year. We have also issued detailed guidance to procurators fiscal about keeping victims of crime and bereaved next of kin informed about the progress of cases that affect them. A revised version of the guidance will be issued shortly.

Scott Barrie:

I thank the Solicitor General for her comprehensive response, particularly on the work of VIA.

I appreciate that fiscals and deputes have many demands placed on them and that some victims of crime perhaps have unrealistic expectations of the information that can be given to them. However, does the Solicitor General agree that victims and their families are too often left bewildered by decisions that are made in cases, particularly where bail applications are made or where reduced pleas are accepted? Will she consider a system in which, in such cases, a brief explanation is available from the fiscal to victims and families, which might assist them in understanding a complicated process?

The Solicitor General for Scotland:

I agree with Mr Barrie that it is important that victims understand the process—that was the whole objective behind setting up VIA, which aims to make information accessible in what can be bewildering circumstances for victims and witnesses. Indeed, VIA's objective is to provide bail information to victims in cases in which the service is provided within 24 hours. There has been a significant response from victims to the provision of that service.

There is an on-going review and we are attempting to give as much information as possible to victims where we can do so within our operational constraints. Sometimes, we cannot give information, but it is the organisation's objective to improve where possible victims' and witnesses' understanding. We aim to deliver that as soon as possible.

David Mundell (South of Scotland) (Con):

Does the Solicitor General agree that many issues that arise in relation to victims of crime also arise in relation to fatal accident inquiries? Will she consider extending to them a regime similar to the one she outlined in answering the previous question?

The Solicitor General for Scotland:

Indeed. The establishment of VIA closely followed a careful research project on victims' needs. At the beginning, there was a pilot in the Aberdeen office and, since then, the service has been provided to victims in fatal accident inquiries and next of kin in cases that are the subject of an investigation by the procurator fiscal. It is just as important that those who are the subject of such proceedings are kept up to date with what is happening, that they understand what is happening and that they feel part of the process. That is what we aim to deliver with the establishment of VIA.

Mr Stewart Maxwell (West of Scotland) (SNP):

Does the Solicitor General agree that, as well as keeping victims informed of the progress of cases, it is imperative that witnesses are kept informed? Does she agree that the Executive should learn lessons from the research that was carried out by the University of Wolverhampton, which found that the number of witnesses who deliberately failed to attend court was small and that witnesses were much more likely to attend court if the court service kept in regular contact with them? Therefore, does she accept that the Executive's proposal to tag so-called reluctant witnesses is unnecessary and misguided? Given the evidence, would not it be far more productive to invest in witness care programmes?

That is a little wide of the mark, but it is up to the Solicitor General whether or not to reply.

The Solicitor General for Scotland:

On the first question, VIA's services are extended to a number of witnesses—who in many cases may be co-victims, particularly if a case involved a bereavement or death. They are also extended to a number of witnesses in solemn cases. One way of keeping persons best informed is to speed up the process, which is part and parcel of the wider reforms that the Minister for Justice is bringing into play in relation to the Bonomy provisions and consideration of the McInnes review. Delay is one of the bewildering factors for people who are involved in the system.

Most witnesses certainly wish to participate. The process is not easy and much has been done to improve it through the witness support service—which is now present in courts—and the advice that is provided by Victim Support Scotland. However, some witnesses simply do not want to play ball and do not want to be part of the process—they have their own interests. There are also people who, as a result of such recalcitrance and potential contempt of court, would end up in jail. Therefore, I have no difficulty whatever in supporting a measured approach to ensure that those who do not co-operate avoid custody by being tagged in circumstances that are bound to be rare. That approach should be effective and should prevent adjournments for victims of crime.


Off-licences

To ask the Scottish Executive whether it will support the use of test purchasing to highlight those off-licences that sell alcohol to under-age drinkers. (S2O-1514)

The Lord Advocate (Colin Boyd):

The Executive can see the benefit in principle of test purchasing for alcohol as a useful means of targeting under-age sales, but there are important issues relating to the welfare of children. I will be exploring with key players whether there is scope for extending test purchasing to alcohol in the light of the tobacco test-purchasing pilots.

Margaret Jamieson:

I thank the Lord Advocate for his helpful response. Any support would greatly assist the communities that suffer regularly from the irresponsible actions of those who sell alcohol to under-age drinkers. Will the Lord Advocate give an assurance that every assistance will be given to ensure that those who undertake test purchasing are fully supported when prosecutions take place?

The Lord Advocate:

I well understand the damage that alcohol can cause to young people and to the communities in which they live. If test purchasing goes ahead, of course every assistance ought to be given to the children involved. The important point is that test purchasing should not go ahead unless we can guarantee the welfare and safety of the children involved.


General Questions


Diabetes

To ask the Scottish Executive how it will address the rising number of people being diagnosed with diabetes. (S2O-1487)

We are making good progress in addressing that through implementation of the Scottish diabetes framework.

Mike Rumbles:

Diabetes UK estimates that more than 120,000 people in Scotland have been diagnosed with diabetes and that another 87,000 have the condition but do not know it yet. Is the minister aware of the free blood sugar testing service that Lloyds Pharmacy provides? What is the Executive doing to encourage other pharmacies to provide that service, so that as many people as possible can be diagnosed and can receive the treatment that they need?

Malcolm Chisholm:

Better diagnosis of diabetes is crucial. As the framework is being revised, that is certainly one issue that will be considered as part of the process. I accept fully that much has still to be done. The first reports on the national diabetes standards will be published in two weeks' time, so many deficiencies will be highlighted. While acknowledging those, we should recognise the enormous progress that has been made in the care and treatment of people with diabetes in the past two years since the framework was launched.

I was pleased that a leading clinical body recently said that the Tayside managed clinical network for diabetes was the best in the United Kingdom. It has led the way, but others are following. Investment has been made in managed clinical networks and I spoke at the Lothian diabetes managed clinical network conference recently. Many developments have taken place in information technology and in integrating diabetes care throughout primary care services and the hospital sector. Without being complacent, we can say that Scotland is leading the way on the care of people with diabetes.

Shona Robison (Dundee East) (SNP):

Is the minister aware of the proposal in England and Wales no longer to provide blood glucose test strips on the national health service, on the ground of cost? As those strips ensure that diabetics can monitor their blood sugar levels and address any problems that arise, will the minister give a commitment that Scotland has no similar plans and that those strips will continue to be made available on the NHS in Scotland?

Malcolm Chisholm:

That is a key issue in relation to what I said to Mike Rumbles about diagnosis. Certainly, no such proposals have been made in Scotland. As Mike Rumbles said in his first question, the incidence of diabetes is increasing. That is one of our major challenges. Type 2 diabetes is related to many matters such as lifestyle and obesity. Major prevention and health improvement issues are involved, but we must make progress—as we are doing—on all the strands of the care and treatment of people with diabetes.

I have mentioned only a selection of matters. The developments in the past couple of years to deal with diabetic retinopathy have also been a major advance in preventing people from going blind because of diabetes—that risk has affected many people in the past.

Mr Keith Raffan (Mid Scotland and Fife) (LD):

Does the minister agree that one way to address the rising number of people who are diagnosed with diabetes is to increase the number of specialist diabetic nurses, who do a wonderful job? They work closely with general practitioners and can spend more time with patients. They enable more careful monitoring of those who suffer from diabetes and reduce the number of hospital admissions.

Malcolm Chisholm:

That is the case. I am glad to have several supplementary questions to answer, because I can add a new strand of the diabetes framework in each answer. Recently, I visited the Scottish primary care collaborative, which brings together many health care professionals from primary care to improve the management of diabetes in primary care. Diabetic specialist nurses are important to that. The group works with four change principles, the last of which is to

"adopt a multi-skilled, multi-agency approach to ensure effective co-ordination of the care of people with diabetes".

The new general medical services contract will be entirely helpful in achieving that because of the money that will go to practices, the emphasis on quality and the shift of resources into primary care. The management of chronic disease in primary care is one of the great opportunities of the new GMS contract and will be one of the great developments in health care in the next few years.

We hear all the time about the centralisation of services—we will hear about it after 5 o'clock today—but contrary to that is the movement of many services that used to be in hospitals to community settings. Those might be general practitioners' practices or health centres, or they might be diagnostic and treatment centres such as the splendid one that I saw at Stracathro on Friday.


Single Farm Payment Scheme

To ask the Scottish Executive whether any penalties incurred during the reference period will be discounted or carried forward when the calculations for the single farm payment scheme are made. (S2O-1450)

The Deputy Minister for Environment and Rural Development (Allan Wilson):

Support under the single farm payment scheme, called payment entitlements, will be based on the numbers of livestock and hectares that are determined as having met all the conditions of the relevant schemes that operated in the reference period. However, I ask Mr Munro to appreciate that the European Commission regulations that will create the framework for dealing with past penalties, non-compliance and the like have not been finalised and that my answer reflects the latest position, but not necessarily the final one.

John Farquhar Munro:

I am sure that farmers and crofters will be greatly relieved that they will not be penalised for honest mistakes that were made during the reference period. Will the minister ensure that, when negotiating on the issue with the European Commission, the Scottish Executive makes a robust argument in favour of that position?

Allan Wilson:

Yes. I am pleased to give Mr Munro that assurance. Officials from the Scottish Executive Environment and Rural Affairs Department will engage in discussion with their European Union counterparts to ensure that the arrangements are adhered to. If farmers and crofters failed to meet conditions on animals or over-declared land in the reference period, it is fair that their entitlement then should have been reduced. It is understandable that future payments should be based on farming activity that met the scheme conditions. However, any penalties over and above those will be discounted for the purposes of calculating future payment entitlement. In that way, the penalties will not be carried over into future payments. That situation is as it should be; it is fair and equitable in all circumstances.


Physical Education (Primary Schools)

To ask the Scottish Executive what progress is being made in increasing the level of physical education provision in primary schools. (S2O-1437)

The Scottish Executive supports a number of programmes that are aimed at improving PE in schools and they are leading to increased opportunities in primary schools.

Karen Gillon:

Those programmes are welcome, but unless we increase the number of physical education teachers who are available to be involved in primary schools, all those steps forward will not be enough. Will the minister say what steps are being taken to increase the number of physical education teachers in primary schools and what consideration is being given to increasing the level of PE in the curriculum in primary schools?

Peter Peacock:

I begin by acknowledging Karen Gillon's consistent work to promote sport. In the first session of Parliament, she was the rapporteur on issues relating to sport for the Education, Culture and Sport Committee, which she subsequently chaired. The Executive has pursued a number of the ideas that came out of the report that was produced at that time.

I expect the results of a review of PE to be reported to me soon. I hope that the report will cover how we ought to treat PE in the curriculum and the issues of improving participation rates, teacher training in PE and the use of specialists across the boundary between secondary and primary school. On that issue, within the historic commitment that we have made to increase teacher numbers to 53,000, we have made it clear that we want extra emphasis to be given to the number of specialist teachers who work across the boundary between the primary and secondary sectors. We hope that, in part, that move will signal an increase in resources for PE teachers.

Margo MacDonald (Lothians) (Ind):

I am cheered by what the minister has said, but I am more cheered by the fact that he did not dismiss the matter as the nice minister before him used to do. I am glad that he has seen the light and has decided that there will be more PE in primary schools.

As the minister said, Karen Gillon has pursued the matter, but I do not think that he answered her question. She asked whether the minister will ensure that more time is devoted to PE in the primary school curriculum. May I add to that by saying that PE should be provided in primary schools every day? I like to get my retaliation in first.

The minister will discover that there has been some difficulty in recruiting PE teachers. He should turn his attention to that problem as quickly as possible. He should ensure that schools provide physical education and not theoretical physical education.

Did Ms MacDonald ask a question?

Yes.

Peter Peacock:

I acknowledge Margo MacDonald's track record in raising these issues over the years. I acknowledge that she is passionately committed to improving the fitness of young people through PE in schools.

I am keen to see that more attention is given to PE in our schools. I await the outcome of the review that is being carried out. I have not yet seen the results of the review, which will make recommendations about PE in the curriculum. I will take a view on the review after I have seen what it recommends.

As I indicated to Karen Gillon, I have made it clear in recent days that, as extra teachers are provided in Scotland, we should ensure that there is more emphasis on PE, just as we want to see more emphasis on music, drama and other areas. We are aware that it takes time to train PE teachers, who are usually trained through the four-year degree programme, but we are examining ways of enhancing the training of primary teachers so that we can improve PE provision in primary schools as well as in secondary schools. We hope that the PE review will advise us in that regard.

Mike Watson (Glasgow Cathcart) (Lab):

Will the minister comment on the suggestion that we should be concerned not only with physical education, but with physical activity in schools, which can take forms other than competitive sport, such as dance and drama? Will he comment on last year's report of the physical activity task force, which stressed the need for a minimum of two hours of physical education in schools each week? I know that the minister is awaiting the PE review, but it might not be possible to fit in two hours of PE each week if other forms of physical activity are not included. Will the minister examine how PE can be married with general physical activity to reach the two-hour threshold that is so important?

Peter Peacock:

Mike Watson is right to acknowledge that the review that I am awaiting will give specific advice about the structure of the curriculum and how we should encourage more PE in our schools. He is also right to draw attention to the need to widen our definition of PE to include more modern forms of activity, including dance. We should engage young people in activities to which they can relate and in which they want to participate.

Following the work of the physical activity task force, we have put in place an active primary schools programme. More than half of Scotland's local authorities and many primary schools have signed up to the programme. We want it to continue to be rolled out, so that it is available in every local authority area and every primary school.


Recycling

To ask the Scottish Executive what percentage of material collected for recycling is processed in Scotland. (S2O-1538)

The Deputy Minister for Environment and Rural Development (Allan Wilson):

The Executive does not possess the information requested. The location of processors depends on the markets concerned. Most pre-processing of recycled material, such as the baling of papers, takes place in Scotland. Scottish recycled glass, wood and organic waste are generally reprocessed in Scotland, but other materials are usually transported elsewhere at present.

Shiona Baird:

Can the minister explain why a Scottish recycled paper processing mill has stopped processing pulp from paper collected in Scotland? The mill is importing pulp from the international market, while Scottish waste paper due to be pulped and recycled there is transported from Scotland to England and abroad for processing. What is the Scottish Executive doing to remedy this kind of crazy situation? Economics is dictating that mills do not use local waste paper. Thousands of unnecessary transport miles are being added to the cost of recycled paper products.

Allan Wilson:

The market will ultimately determine the process by which recycled produce is marketed and reprocessed. I agree with the fundamental point that Shiona Baird makes. To a certain extent, the problem she mentioned is a product of our long-standing poor recycling record. We do not have the capability or the capacity to deal with recycled produce in every eventuality. However, we are building that capacity, and I hope to go to Alloa in the near future to visit the United Glass reprocessing facility.

We have a good record in reprocessing glass, but I appreciate fully that our record is not the same for paper. There are only three newsprint mills in the United Kingdom, none of them in Scotland, so newspaper goes for reprocessing elsewhere. As we develop capacity and invest in greater recycling, I would expect the market to respond to the signals and to create additional processing and reprocessing capacity here in Scotland.

I call Donald Gorrie, who should return to his seat quickly.

I wanted to ask a supplementary to a previous question, not this one.

Right. In that case we go to question 5.


Child Protection

To ask the Scottish Executive what plans there are to improve facilities and training in the area of child protection. (S2O-1524)

Training is an on-going and important strand of our child protection reform programme. Investment through the changing children's services fund also finances training and development posts and other local initiatives.

Rhona Brankin:

Will the minister stress at the forthcoming child protection summit the absolute necessity for child protection staff working in social work, health, education, the police and the voluntary sector to learn the lessons of recent child protection failures and to share best practice more effectively in their training in future? Will he undertake to consider closely current joint-agency initiatives to improve practice in the area?

Peter Peacock:

Rhona Brankin raises an important point. One of the things that we are extraordinarily keen to do is to ensure that every part of the child protection system learns the lessons of all the tragedies that we have seen in recent years. A great deal of our work on the child protection reform programme is designed to achieve that. One of the key things that we must learn from failings in the system is how to improve communication between agencies. Part of the secret of that is to help with providing better joint-agency training at the outset of people's training as well as throughout their career.

We are investing heavily in improving training. We have set up the child protection training group, which is working on child protection training as part of the mandatory post-qualification registration structure in social work. We have funded a two-year post to consider the child protection content of the degree course for social workers. At the forthcoming summit, I will be more than happy to pick up Rhona Brankin's point and to stress that it is vital that we learn lessons and embed proper professional development and training in the work of all our child protection staff.


Agricultural Produce (Promotion)

To ask the Scottish Executive how it is promoting Scottish specialist agricultural produce. (S2O-1474)

The Deputy Minister for Environment and Rural Development (Allan Wilson):

Assistance can be provided to individual companies, sectoral bodies and trade associations under the agricultural processing and marketing grant scheme to undertake consumer education, market research and dissemination of scientific information. Since the scheme's launch in 2000, £425,000 of assistance has been delivered for activities of that type. The Executive also showcases Scottish food and drink in major overseas promotions, which to date have been held in Sweden, Catalonia and Tuscany. However, the Executive solely provides the platform for companies and trade bodies to promote themselves.

George Lyon:

I thank the minister for that full reply. He will be aware that Quality Meat Scotland receives something like £4 million each year from the Scottish Executive to promote Scottish meat products. Will the minister ask QMS to work closely with the National Farmers Union of Scotland, the Scottish Crofting Foundation and other representative bodies to promote the idea of a genetically-modified-organism-free Scotland? It is in farmers' best interests to go down the GM-free route to respond to consumer concerns about GMOs. Therefore, will the minister assure us that he will do everything possible within the scope of the law to ensure that Scotland remains GM-free?

Allan Wilson:

Yes. As I hope I made clear in my response to Alex Fergusson's question yesterday, I believe that there is a synergy between the producers, particularly in the south-west of Scotland and—prospectively—in Fife, and the Scottish Executive in promoting consumer confidence in products and in responding, as the First Minister said only this afternoon, to public unease about the prospect of GM crops, specifically fodder maize, being cultivated here in Scotland. I have been in touch with both the NFUS and the Scottish Landowners Federation with a view to developing that synergy or commonality of purpose to ensure that we can develop our concept of GM-free zones and reap the rewards of whatever marketing advantage can be gained in the short or long term from the creation of GM-free zones.