Good afternoon. The first item of business is portfolio questions. So that I can get as many people in as possible, I would prefer to have short and succinct questions, and answers to match, please.
Rural Affairs and the Environment
Red Meat Levy
Given that this serious issue has been going on for far too long, the First Minister recently wrote to the Prime Minister to seek his support for repatriation of the levy that rightly belongs to Scotland. I inform members that the Prime Minister has responded to the letter but has declined our request, which is unfortunate. I know that that decision will disappoint the whole of the Scottish red meat industry, which is unanimous in the view that Scotland’s producers are being short-changed.
Given the UK Government’s negative response on this important issue, on which the Scottish Government has the support of Quality Meat Scotland and NFU Scotland, does the cabinet secretary share my disappointment at the Prime Minister’s unwillingness to change tack, although Scotland is so clearly losing out?
I think that there will be a huge degree of anger throughout the livestock sector in Scotland, particularly at a time when the levy income is desperately needed to promote the Scottish brands, so that producers can have a greater return from the marketplace.
There is certainly a need for discussions on the distribution of the red meat levy. However, if we are looking for a solution, we surely need to understand how the situation has come about. The availability of abattoirs in Scotland and competitive trading in livestock are key factors. What can the Scottish Government do to make available more viable options in Scotland?
Claire Baker made an important point. Because of the reduction in concentration and capacity of processing throughout Great Britain, more animals are going south of the border to be slaughtered. A number of moves are afoot to try to increase processing in Scotland, but as the member knows, those moves largely relate to sheep—we have very little processing capacity in Scotland for lamb. That is a long-standing issue, unfortunately.
I am broadly in favour of the principle behind a review of how the levy is deducted and distributed, but I think that the cabinet secretary has been tempted to go for headlines without thinking through the full consequences, which could include losing the benefit of up to £7 million that is ring-fenced for promotion and research on British meat.
I point out to Alex Fergusson that there have been reviews in the past. There was a review several years ago, and it is unfortunate that its recommendations were not acted on.
Scotch Beef (Japan)
Last November, I led Scotland’s biggest delegation of food and drink businesses to Japan and China to promote our fantastic larder to those exciting and lucrative markets. However, I was extremely disappointed to hear from the United Kingdom embassy that gaining access for Scotch beef to the Japanese market was not a priority at the time for the UK Government.
The potential beef market in Japan will be significant if the import ban is lifted. Early moves to promote our world renowned Scotch beef there could significantly benefit farmers here.
When I was in Tokyo—a city of 30 million people—I spoke to a top chef who told me that he believed that the best beef in the world comes from Scotland. He wished that he could source it so that he could serve it in his restaurant in a top Tokyo hotel. There is certainly a demand for the Scottish product, which is why I have been doing what I can to make representations to the UK Government to make that more of a priority.
Financial Support for Farmers (Extreme Weather Losses)
The Scottish Government has made available a total of £6.5 million in compensation. I confirm that more than £730,000 has been paid to around 4,100 farmers. That will meet almost half the costs incurred in the collection of fallen stock that died because of the severe weather in March to May this year. The remainder will be used to meet eligible claims arising from more than 1,000 applications received under our weather aid scheme, with payments starting in the next 10 days.
I am glad to hear the cabinet secretary suggest that the payments will start in the next 10 days, but there has been a sense that he has been dragging his feet a little. We are approaching winter. I am sure that the cabinet secretary would agree that it is vital that the Government process the weather aid scheme payments without any further delay and gives farmers that certainty. Can he give me some idea of what percentage of payments will be made in the next 10 days?
I am happy to send the member some of the rates that were in the application documents, because every case will be different. The compensation scheme will cover all livestock species affected so that people can claim for cattle and sheep and so on.
Marine Protected Areas
A marine planning consultation is under way and that includes proposals for marine protected areas and details of how MPAs might be managed to protect habitats and species.
Does the cabinet secretary believe that the development of new technology will play an important role in helping Marine Scotland and enforcement officers to ensure that there are continuously effective compliance and enforcement arrangements?
Fiona McLeod raises an interesting point. Marine Scotland is taking seriously the issue of how new technology can be used in relation to the marine protected areas. Of course, with regard to fisheries management, Scotland has helped to blaze a trail in terms of the use of closed-circuit television on fishing vessels, sensors on equipment and so on. We are giving a lot of attention to the issue.
Can the cabinet secretary explain why activities that have been identified as having a negative impact on the protected features of an MPA can still be allowed to happen within some parts of that same area? How will that facilitate recovery of our seas? The proposed Clyde sea sill MPA is one such example, as demersal fishing may continue in some parts of the site.
In each case in which a new marine protected area is proposed, there will be a management plan, which will have to be proportionate and effective and will be based on scientific evidence. I would welcome more information about the member’s concerns about the particular proposal that she mentions, but I assure the chamber that we are taking a sensible way forward to ensure that we balance the impact on marine industries with the need for the MPAs to do what they need to do, which is to protect the marine environment.
How do ministers ensure that the needs of fishermen are fully considered when MPAs are proposed?
The way in which Scotland has approached the identification of marine protected areas, through the Marine (Scotland) Act 2010, has been highly praised, especially when contrasted with the situation south of the border. Stakeholders feel that Scotland is going about this the right way and that there are perhaps lessons to be learned by the authorities down there.
Air Pollution
Although there are still some hotspots of poorer air quality in a number of urban areas, we are meeting domestic and European air quality targets across much of Scotland.
The cabinet secretary will be aware that recent studies of the subway system in Glasgow have highlighted dangerously high levels of air pollution and a concentration of tiny metallic particles that is well in excess of recommended safety limits. In light of that discovery, what action has the Scottish Government taken to reduce levels of pollution and increase air quality for commuters in Glasgow?
The member raises an important point. Clearly, we have an objective to try to ensure that all of Scotland meets the required standards. Glasgow is not expected to comply until after the 2015 deadline, as I am sure the member knows. The whole of Scotland is expected to comply with the limit values by 2015, based on a combination of current and planned measures, with the exception of one road stretch—the missing link of the M8 between Newhouse and Baillieston, to the east of Glasgow. Within the Glasgow city area, there are expected to be no exceedances of the limit values by 2015, so we are making progress.
Edinburgh’s air quality management areas were extended this year because pollution targets are not being met. The City of Edinburgh Council now has a plan to cut pollution on Leith Walk by investing in walking and cycling, and it has asked Transport Scotland for a £3 million contribution. Will the Government contribute an appropriate portion of the Forth road bridge underspend to tackle the air pollution that the new bridge will cause?
I run up against portfolio boundaries in terms of allocating spend from the Forth bridge. However, I take the serious point that Alison Johnstone makes and I am happy to meet her to discuss the issues and determine how we can progress action to tackle the AQMAs in the Lothians. I can always make representations to my colleague Keith Brown about the use of the funds.
Food Recycling
Since 2011, our zero waste programme has provided £20 million to councils throughout Scotland to support the roll-out of food-waste collections. That action means that, by February 2014, 1.2 million households will have access to a food-waste collection service.
As the cabinet secretary said, the zero waste action plan identifies the contribution that food recycling can make to reducing landfill usage and greenhouse gas emissions. Will he tell me what national targets have been set to increase food recycling, what monitoring of progress towards any goals that have been set is being made and what action ministers are taking to increase food recycling not only in individual households but throughout the public sector? There is huge capacity for increased food recycling in those areas.
The overall target for recycling is 70 per cent by 2025, and food waste has a contribution to make to that. There are no specific targets for food-waste recycling but, as I indicated in my answer, there are regulations in place that mean that, by 2016, all local authorities in Scotland will have an obligation to provide a waste collection service to non-rural homes. Therefore, I expect all local authorities to play a role in collecting food waste.
Gull Management Guidance
Like all wild birds, gulls are protected by law. However, the law provides for licences to be granted to manage birds where there is a need to do so for reasons including the protection of public health and safety and preventing the spread of disease.
In the Carbrain and Greenfaulds area of Cumbernauld, people’s lives are being made a misery by the presence of a significant number of gulls. Some constituents report that they have been attacked.
I certainly recognise the distress and disquiet that it can cause members of the public when such incidents occur. There is currently no requirement for local authorities to have an action plan in place to deal with problem gulls, but it is expected that local authorities throughout Scotland will be able to implement the recommendations of the Dumfries gull report to help to reduce the problem. I encourage the local authority in the case that Jamie Hepburn mentioned to take up that opportunity.
North-east Fishing Representatives (Meetings)
While I was in Fraserburgh for the Cabinet meeting on Monday 2 September, I jointly hosted a fishermen’s surgery, which was attended by around 50 vocal fishermen and industry representatives. We discussed a wide range of issues, such as the reform of the common fisheries policy, the allocation of fishing opportunities, the current state of the stocks and details of the £6 million support package that I recently announced to help the industry during these pretty tough economic times.
The cabinet secretary may be aware that Aberdeen City Council is undertaking redevelopment plans that would result in fish processors moving out of the Union Square area with no clear indication of where they should move to. That may impact on the critical mass of fish processing companies in the city and disproportionately on the community of Torry, where there are many other processors and where the vast majority of workers live. Does the cabinet secretary agree that fish processing plays, and should continue to play, an important role in Aberdeen’s economy?
The great city of Aberdeen was of course built on its relationship with the sea. I believe that fish processing has a role in the local economy in Torry and throughout the city of Aberdeen, and I certainly hope that it will continue to have a role.
Justice and the Law Officers
Solemn Procedure Recommendations
The process to which the member refers is carried out not by the Crown Office but by independent Crown counsel. There is a long-standing convention where, in certain circumstances, the procurator fiscal seeks Crown counsel’s instruction on whether a case should be prosecuted and, if so, in what forum.
If I understand the Lord Advocate correctly, such negotiation between local procurators fiscal and the Crown Office occurs very frequently. The Lord Advocate cited figures that were between 1,500 and 2,000. What are the criteria for a local procurator fiscal’s decision to be reviewed by the Crown Office?
It is not really about the criteria for a decision to be reviewed, because a decision has not been taken yet. There is a process whereby the case is investigated at a stage by the procurator fiscal. There are many reasons why cases start out as petition cases; for example, it may be that the procurator fiscal wishes to investigate more serious charges and that is part of the solemn process. It may be that the procurator fiscal wants to hold an identification parade or needs a warrant for samples or wishes to judicially examine or to have a judicial declaration by an accused. It is all part of the process whereby, ultimately, independent Crown counsel will assess a recommendation, assess all the circumstances and then take a decision as to whether proceedings should be raised and, if so, in what forum. That process has been going on for hundreds of years in Scotland’s prosecution service.
Is it not the case that, regardless of what procedure is used for domestic abuse cases, zero tolerance of domestic abuse is being let down by zero sentencing? Does the Lord Advocate consider it acceptable that nearly a third of those who were convicted of domestic abuse in 2011-12 were admonished in court and 12 per cent were handed a custodial sentence, which in the vast majority of cases was for less than six months, especially given the concerns that Jenny Marra has raised?
Margaret Mitchell will appreciate that it is not appropriate for me to make any comments about sentencing, as that is a matter entirely for the courts. If I disagree with a sentence—by “I”, I mean procurators fiscal and Crown counsel—and if we can do something about it, we will. For example, there are procedures for us to take an appeal on the basis that a sentence is unduly lenient. However, beyond that, I do not comment publicly on sentencing.
Chief Constable (Meetings)
I met the chief constable on Monday, when we both spoke at the Alcohol Focus Scotland national licensing conference in Glasgow. However, the last formal meeting was on 22 August, when we discussed a number of issues relating to the policing of Scotland.
Following the cabinet secretary’s discussions with the chief constable, can he advise me how many registered sex offenders remain unaccounted for in Scotland?
I do not have that information. As Mr Martin will know from previous discussions, the number varies on a weekly if not daily basis. However, these matters are monitored by the police. I will ensure that full and detailed information is sent to Mr Martin.
Court Capacity
The assessment of court capacity was made by the Scottish Court Service, which is now an independent body corporate under the leadership of the Lord President. The SCS consulted on a range of proposals to use its estate more efficiently. Proposals to close courts required the approval of ministers and were considered by the Justice Committee.
The forthcoming courts reform bill will transfer significant business from the Court of Session to sheriff courts, which will put even greater pressure on the courts that have survived the Government’s cuts programme. How will the Scottish Government ensure that access to justice is maintained in the north-east, given that Forfar and Aberdeen sheriff courts, which are already busy, will have to absorb business from Arbroath and Stonehaven as well as significant extra work from the Court of Session?
Those matters have been fully factored in by the Scottish Court Service. When the Lord President appeared before the Justice Committee, he made that clear in his answers. On the transfer of business from Stonehaven to Aberdeen, it might be useful if I remind Mr Johnstone of the business at Stonehaven. In 2011-12, there were four jury trials, 11 civil ordinary actions in which a debate on legal matters proceeded or evidence was heard, and two summary cause or small claims proofs. There is capacity at Aberdeen, and the Scottish Court Service has considered its approach on that basis and in the face of the unprecedented budget cuts that are being forced on the Scottish Government and which impact on the Scottish Court Service. Efficiency is required and action must be taken, and the Scottish Court Service is satisfied that, notwithstanding the financial constraints, Aberdeen and Forfar will be able to cope.
The cabinet secretary has discussed the programme of court closures. Would he be good enough to share with us whether he is aware of any on-going conversations about a new phase of future closures under consideration?
No.
Will the court closures have a knock-on effect on the number of hours that police officers will be expected to attend court as potential witnesses or for any other reason? I imagine that that would not help their morale just now. Will he also say whether he has had any reports of morale being not what it should be in the old Lothian and Borders Police area?
I assure Margo MacDonald that the Scottish Court Service discusses such matters with Police Scotland. Trials are scheduled, and the officers’ availability is factored in, so matters are being dealt with in that respect.
Cycling Accidents (Dangerous Driving)
That is an operational matter for the chief constable of Police Scotland, who has confirmed that he is committed to improving road safety and reducing road casualties. It is one of the force’s top five priorities, and more emphasis than ever before is being placed on pursuing that aim throughout Scotland.
Is the cabinet secretary aware of the Edinburgh cycling community’s deep and widespread concern about the Government’s “nice way code” campaign? Given that concern, and the high number of cycling fatalities in the past few months, will he, along with the Minister for Transport and Veterans, meet activists to discuss the campaign and perhaps review the nice way code?
The transport minister and I discuss those matters regularly, and we recently met the Association of Scottish Police Superintendents.
What advice has been given to ensure that sentencing policy is appropriate, given the rise in the number of accidents that have resulted in the deaths of cyclists in the past year?
It would be inappropriate for me to give advice on sentencing until the sentencing council is up and running. The decision is entirely for the court to take.
“Inspection report on Lanarkshire Area of Crown Office and Procurator Fiscal Service”
Appropriate action has been taken in the seven suggested areas for improvement, and on the six recommendations from the inspection report on the Lanarkshire area, which was published in May 2010.
I thank the Lord Advocate for his response. What is being done to deal with the problem of “continuations”, which was identified in the 2010 report? Is management dealing with that in an appropriate manner?
John Wilson rightly raises a matter that was of concern to the inspector in 2010. The issue is commonly referred to as “churn” in the summary courts across Scotland. I point out that responsibility for tackling churn lies with all court users, not just the Crown—the 2010 report made that very point—but the Crown has been proactive in its response. Initiatives include surgeries for solicitors to discuss pleas with procurators fiscal; writing to solicitors in all summary cases to advise what plea will be acceptable to the Crown from the outset of the court process; the provision of summaries of evidence at the start of the court process; and creating secure email and online disclosure for defence solicitors.
Police Stations (Police Scotland Review)
The issue is an operational matter for the chief constable of the Police Service of Scotland.
I thank the cabinet secretary for that comprehensive answer, including the information on using social media for reporting crime.
Our priority is maintaining the 1,000 additional officers and continuing the outstanding record of a 39-year low in recorded crime.
I will allow a brief supplementary from John Pentland.
Can the cabinet secretary guarantee that, when proposals come forward, consultation will take place? Will previous consultations be borne in mind? Will local people be given the opportunity to voice their concerns at public meetings?
I recognise that Mr Pentland has not been a member of the Justice Committee and is not sighted on justice matters, but those are now matters for the chief constable, who is ultimately held to account by the Scottish Police Authority. If Mr Pentland or the Labour Party wish to change that constitutional structure, Parliament could doubtless review it, but I have no rights or powers over such matters, at present. I believe that Parliament made the right decision in that regard, and I stand by that. Mr Pentland may care to raise the issue with the Scottish Police Authority.
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Draft Budget 2014-15