Rural Affairs, Food and the Environment
Good afternoon, everyone. The first item of business is portfolio question time. We begin with questions on rural affairs, food and the environment. In order to get in as many members as possible, I invite short and succinct questions and answers, please.
Climate Challenge Fund
To ask the Scottish Government how many community groups have received support from the climate challenge fund. (S4O-03663)
More than 500 communities—512, to be precise—have now received support from the climate challenge fund to take action on climate change and support them in making the transition to low-carbon living. That is a landmark achievement of national significance, and it reflects the strength and commitment of community action to tackle climate change. In total, across those 512 communities, some 696 projects have been funded and a total of £61.4 million has been awarded.
I am aware that Inverclyde is one of the local authority areas that has not previously submitted a bid for funding from the climate challenge fund, and I am supportive of the bid from the Greenock Morton Community Trust. Can I ask the minister to look favourably on the bid, which will have health and environmental benefits for those who participate in the trust’s activities?
I am delighted to hear that an application for funding from a community in the Inverclyde area has been submitted to the climate challenge fund. It will be considered at the next meeting in December.
As the member will be aware, Inverclyde is the only local authority area in Scotland that is not home to a community that has taken advantage of the climate challenge fund, so I am pleased that the work that has been done locally to stimulate interest in the fund has paid off. I understand that the application in question has been generated by the ideas bank, which is an important new innovation in the fund. I am encouraged that that mechanism—which is aimed at spreading good practice and making it easy for communities with limited capacity or whose primary focus is not climate change to access funds—is working.
I should say to the member that all CCF funding decisions are made by an independent panel, which makes recommendations to me. It would therefore be inappropriate for me to comment on a particular application, but I know that a number of similar projects that are based around sports clubs have been supported in the past.
The decision on whether to fund the project to which the member refers will depend on the quality of the application, the funds available and the other projects that it is up against, but I would like to wish the community behind the project and, indeed, the other communities that have applied to the climate challenge fund in the next round—the 20th round—the best of luck.
Livestock Haulage Industry
To ask the Scottish Government what discussions it has had with the livestock haulage industry regarding maximum driving hours and staffing challenges for livestock transporters. (S4O-03664)
I am aware of the concerns that the livestock industry has raised on the issue, and I would be happy to facilitate discussions to help resolve any problems. Of course, responsibility for some aspects of the issue is reserved to the UK Government, and I know that the industry has made representations directly to United Kingdom Government ministers. Nevertheless, the Scottish Government stands ready to work with the industry to help in any way that we can.
Has the cabinet secretary had discussions with his Westminster colleagues on the issue? Will he also discuss with the Minister for Transport and Veterans and the Cabinet Secretary for Training, Youth and Women’s Employment the need to bring young people into the industry through apprenticeships, given that the average age of drivers of livestock transporters is now over 55?
I am happy to commit to doing both of the things that Maureen Watt requested. I very much appreciate—as I am sure that many other members do—the importance of the livestock haulage industry to the livestock sector. Without it, we would not be able to move livestock around the country to market. We need the livestock haulage sector to prosper, so I will certainly look further into and pursue the issues that Maureen Watt raised.
Common Agricultural Policy (Payments)
To ask the Scottish Government when the details of future common agricultural policy payments to farmers and crofters will be known. (S4O-03665)
I announced to Parliament on 11 June the key decisions on how we will implement the new common agricultural policy from 2015 and, in particular, pillar 1—the direct payments to farmers and crofters—which is set to deliver £2.8 billion of payments to them between 2015 and 2020.
We are continuing to provide farmers and crofters with a huge amount of information about the new CAP through the extensive programme of 34 roadshows that are being held across the country, which are being very well attended, and the CAP booklet that we have sent to all customers—farmers and crofters—which is also available in local area offices. In addition, of course, we continue to update the information on the Scottish Government website.
I was disappointed that the United Kingdom Secretary of State for Environment, Food and Rural Affairs, Liz Truss, did not let the cabinet secretary join her at her meeting with the new European Commissioner for Agriculture and Rural Development on Monday.
On the CAP payments, is the cabinet secretary in a position to identify or quantify which areas will be affected by the area 3 rough grazing payments?
I share Dave Thompson’s disappointment that I was locked out of the meeting that the secretary of state, Liz Truss, had in Brussels on Monday with the new agriculture commissioner. I made a request to attend, but it was declined.
Dave Thompson raised the issue of the impact of the rough grazing payments on crofters. We have written to crofters to let them have the provisional allocation of the three new CAP payment regions, based on their 2014 permanent land declarations as part of a single application form. Individual crofters will be able to work out what that means for them. Until that has been worked out and the application forms have been completed next year, we cannot estimate the exact payments that any crofter or, for that matter, farmer will receive.
I accept that the issue is complex but it is worth noting that, overall, the crofting counties receive a net benefit from the new common agricultural policy that is being put in place in Scotland. For instance, in 2011, crofters received around €19 million; under the new policy, it is estimated that they will receive around €32 million.
I appreciate the difficulty that there is in delivering CAP reform, but how does the cabinet secretary respond to comments from NFU Scotland that
“the lack of clarity over the transition to the new area payment system is eroding confidence in the reform process”?
After the European Commission rejected the original transition plans, will he soon be able to share the new ones?
On the lack of clarity and the complexity, I remind Claire Baker—and, indeed, the rest of the members—that we worked closely with the industry throughout the reform process. Some of the additional complexity that has perhaps resulted in a lack of clarity at this stage was the result of the Scottish Government meeting the industry’s requests. We are trying to maximise the flexibilities that are available in the reform to take into account Scotland’s unique circumstances in agriculture and the various issues that are relevant to farming and crofting in the country.
I will give as much clarity as possible and have already done so on a range of issues. The process is clearly complex. I remind Claire Baker that the first payments will be issued in December 2015 or as close to that date as we can achieve. Therefore, the next few months are important to ensuring that the process is in place and to offering additional clarity.
Low Emissions Strategy
To ask the Scottish Government what progress it is making in developing its low emissions strategy. (S4O-03666)
We are making good progress in developing our low emissions strategy. An update on progress will be made at the Scottish transport emissions partnership annual conference in Edinburgh on 18 November. A draft of the strategy, which is being developed by the Scottish Government, Transport Scotland and the Scottish Environment Protection Agency in partnership with a range of organisations in the public and private sectors, is due to be issued for consultation before the end of 2014.
I look forward to the strategy. Earlier this year, Health Protection Scotland attributed pollution as a cause of death in 306 cases in Glasgow, which is the highest number in the country. I note that the draft budget includes no additional funding to improve air quality. What action can the minister point to that can reassure me that it is a priority for the Scottish Government?
We are working closely with Glasgow City Council—Drew Smith represents that area—to produce a comprehensive air quality action plan for the city. We have a good relationship with the council in that respect and can provide the member by correspondence with details of what stage we have reached.
Glasgow City Council produced a detailed feasibility study on producing a low emission zone in the city for the Commonwealth games. Unfortunately, that did not happen for reasons that Drew Smith is probably aware of but, overall, we are impressed with what the council has been trying to do to tackle air quality in the city and will work closely with it.
We have a number of challenges, not least because vehicle emissions standards have not delivered the improvement in air quality in urban areas that we and 20 other Administrations throughout Europe had hoped for. That presents us all with a problem, but we are working through a strategy to try to achieve compliance with the European directives as soon as we can.
Radioactive Waste (Transportation and Storage Application)
To ask the Scottish Government what its position is on EDF Energy’s application to the Scottish Environment Protection Agency that would allow it to transport intermediate-level radioactive waste from other sites to Hunterston to be stored. (S4O-03667)
I should point out that the application is primarily a matter for the Scottish Environment Protection Agency, which is giving it full consideration and will of course test its compatibility with Scottish Government policy.
I thank the cabinet secretary for that answer, albeit that it was very short.
Many of my constituents are worried that if the application is approved it will lead to Hunterston becoming a dumping ground for radioactive waste from across Scotland and beyond. They are also concerned that the waste would also be transported on mainly A-class roads, increasing the risk of accidents. Given that the Scottish Government’s policy on managing nuclear waste is for it to be stored in near surface facilities
“located as near to the site where the waste is produced as possible”,
what assurance can the cabinet secretary give my constituents that Hunterston will not be used as a dumping ground?
I do not detract from the seriousness of the issues that Margaret McDougall has raised, but I would say that I wish that we did not have this nuclear legacy to deal with in the first place. Margaret McDougall’s party supported the nuclear waste legacy that was created in past decades, and unfortunately now we have to deal with that in Scotland, because it is our responsibility.
There has been a public consultation on the application and EDF has stated that the proposed change is
“purely a practical one to facilitate more flexible disposals by allowing waste to be collected temporarily at one site before being sent for disposal to an authorised facility.”
The application makes clear that there would be no long-term storage of waste transferred to Hunterston B power station or, indeed Torness, from another site.
I treat those matters very seriously and the Scottish Government has a policy on the issue. I am limited in what I can say, because the application is active, but I hope that I have put the issue into context. We treat it very seriously.
Food Industry
To ask the Scottish Government what the value of the food industry is to the Scottish economy. (S4O-03668)
The most recent data from 2012 estimates that the food and drink sector—a growing sector, which includes food and drink manufacturing, sea fishing, aquaculture and agriculture—generated £4.8 billion in gross value added to the Scottish economy. Turnover in Scotland is now a massive £14 billion overall.
There are approximately 118,000 people working in the food and drink industry in Scotland in more than 17,000 businesses, which is around 11 per cent of all registered businesses operating in Scotland.
The cabinet secretary will be aware of a recent Bank of Scotland report showing that the sector is set to create 10,000 new jobs over the next five years, with 66 per cent of companies surveyed expecting to increase their workforce. What support is the Government providing in Central Scotland to ensure that producers are able to take advantage of the economic potential and quality, reputation and provenance of Scottish food and drink?
The Bank of Scotland report to which Clare Adamson refers underlines the massive potential of Scotland’s food and drink industry. I celebrated that this morning at the launch of the year of food and drink 2015, which will be the big theme for Scotland next year. It is incredible to meet so many businesses from across Scotland, including in Clare Adamson’s constituency, that are expanding, taking on new employees and capturing new markets.
We continue to make available as much support as is possible under tight budgetary conditions. In North Lanarkshire and South Lanarkshire, between 2007 and 2013, our food processing and marketing grant scheme funded 11 capital projects, amounting to £3.5 million, which attracted overall investment of £13.3 million. Other projects for Borders Biscuits and TM Fresh Direct have also been successful.
Businesses in Clare Adamson’s constituency, as well as throughout the country, are booming and we will continue to support them in any way that we can.
Will the cabinet secretary comment on the need to bring younger people into the sector and to create apprenticeships? When I visit many businesses in the food and drink industry, such as those in fish processing, they tell me that they find it quite difficult to attract young people as it is seen as an old-fashioned career, rather than one that offers good opportunities.
Claire Baker refers to an issue that has been reasonably long standing. However, I am optimistic that things are changing. The Food and Drink Federation and other bodies such as Scotland Food & Drink are addressing those issues seriously, and more people are being attracted not only to the production side of the industry but to the science aspects and the institutions that deal with food and drink issues and innovation. I am optimistic that more and more young people in Scotland are being attracted to a successful career in food and drink.
Common Agricultural Policy (Payments)
To ask the Scottish Government how it will use the national reserve to ensure that farmers who were disadvantaged under the previous common agricultural policy are put on regional average support payments from 2015. (S4O-03669)
After extensive discussions with the industry, I intend that the national reserve will cover three categories of farmer. Category 1 will be for new entrants and young farmers who start farming in 2013 or later. Category 2 will be for farmers who were not allocated entitlements to the current single farm payment, or who were allocated those entitlements only through the new entrant or investor categories of the previous national reserve in 2005. The final category will cover farmers who have been subject to force majeure.
That approach will immediately address the unfair treatment that hundreds of farmers have faced in the past few years, while respecting the strict conditions of European Union regulations, and will honour my commitment to include new entrants from day 1 of the new CAP. It is possible only because the Scottish Government fought for the ability to use the national reserve in that way.
All of that is very welcome, but on 11 June, in the statement in the chamber to which he just referred, the cabinet secretary said:
“we negotiated the ability to put”
those
“disadvantaged under the old CAP straight on to the regional average, through the national reserve.”—[Official Report, 11 June 2014; c 32087.]
He also informed members that he accepted that that would mean an increase in the percentage taken from the national reserve, and that key stakeholders accepted that.
Many of the disadvantaged farmers who were optimistic about having their problems addressed since that statement was made are now being told that they will not be put straight on to the national reserve. They are justifiably angry about that and feel let down. I ask the cabinet secretary quite simply why he appears to have gone back on the words of his statement in June.
First, I have not gone back on the word that I gave in June with regard to those who are excluded under the single farm payment, which was established in 2005. No new entrant farmer will be excluded from the current common agricultural policy.
There are issues with the definition of new entrants. We have looked at the various categories that have been proposed and at what is possible under the European Union regulations. We are covering all those who can be covered under those regulations. Those who were excluded unfairly from the current CAP, which is being replaced from 2015 onwards, will be included in the new common agricultural policy. We cannot go against the EU regulations.
There are perhaps some issues that affect a very few farmers who have expanded since the 1990s, but with regard to the definition of new entrants I am confident that those who we all feel should be included in the new common agricultural policy will be included and will get the regional average under the new policy.
Fracking and Coal-bed Methane Extraction (Environmental Impacts)
To ask the Scottish Government what the environmental impacts are of fracking and coal-bed methane extraction. (S4O-03670)
Like many other industrial processes, the extraction of coal-bed methane or the use of hydraulic fracturing for shale gas could have environmental impacts. We recognise the potential for that, particularly where there could be impacts on the water and air environment as well as other impacts such as noise, visual impact, light pollution and increased traffic volumes. We are conscious of the potential for increased greenhouse gas emissions if there are fugitive methane emissions from such industrial processes.
However, unlike the United Kingdom Government, which has been somewhat gung-ho, we have taken a precautionary approach. Our stringent system of planning and environmental regulation, which we have further tightened, should ensure that any environmental risks are recognised and properly mitigated.
The Scottish Environment Protection Agency has published its regulatory guidance, which sets out how it would regulate the potential environmental effects of shale gas and coal-bed methane development. That will be subject to regular review, based on any new and emerging evidence.
Coal-bed methane extraction, which is proposed in Canonbie in Dumfriesshire, means removing very large volumes of saline water from the coal seam to release the gas. The Scottish Government’s expert panel noted:
“Inappropriate disposal of these fluids in the US has had negative environmental consequences”.
The water could be removed from Canonbie by tanker for treatment, but that would put enormous pressure on rural roads. It could be pumped into the Esk, one of our best salmon-fishing rivers. It could be left in lagoons or pumped back into the bedrock, which the expert panel has said has caused small earthquakes elsewhere. Does the cabinet secretary favour any one of those disposal methods?
I will ask the cabinet secretary later, but I understand the legitimate concerns that Joan McAlpine raises and that they will be shared by some of her constituents in the Canonbie area. We are clear that unconventional gas developments can take place only under the highest levels of environmental protection. In that respect, SEPA has a statutory responsibility for the protection of Scotland’s water environment. Under the Water Environment (Controlled Activities) (Scotland) Regulations 2011, SEPA has powers to regulate activities that interact with our water environment, and those duties would be strictly enforced. The appropriate approach is a regulatory matter. Should any development come forward, the developer will have to engage closely with SEPA to allow it to ensure that appropriate arrangements are in place to protect the local environment and community. I will look to ensure that our regulation is rigorously applied and that compliance is achieved.
Justice and the Law Officers
Legal Aid System
I refer to my registered interest as a member of the Faculty of Advocates.
To ask the Scottish Government what its position is on how the legal aid system is operating. (S4O-03673)
An essential driver for Scottish Government policy on legal aid is to have a streamlined system that gives people access to publicly funded legal advice at the right time and addresses budget pressures without compromising access to justice. We have been reviewing and updating our strategy for reforming and protecting legal aid in Scotland, as set out in “A Sustainable Future for Legal Aid”, which was published in 2011, and we will publish the outcome of our review activity shortly. Our aim remains to simplify the legal aid system and reduce expenditure while maintaining access to justice.
Does the cabinet secretary share my concern that the Law Society of Scotland discussion paper on legal assistance in Scotland proposes that criminal legal aid could be increased, possibly by removing funding from some civil cases, such as housing cases involving eviction and rent arrears, which I suggest would be damaging to vulnerable people? Does he recognise the benefits of not adopting the approach to legal aid that has been taken south of the border?
Absolutely. Rod Campbell’s views are shared by Paul Brown of the Legal Services Agency, who I think made similar comments in The Herald on Saturday. I should preface my answer by saying that I welcome the discussion paper that the Law Society has produced, and that we will be happy to engage with it. However, the Government would echo Rod Campbell’s comments. We think that the route that has been pursued south of the border, whereby huge tracts of life are no longer eligible for legal aid, is not the way to go.
We wish to ensure that there is access to justice on a broad basis in relation to civil legal aid. Criminal legal aid has to be provided, but that cannot be done at the expense of civil legal aid. In particular, we cannot mirror the huge cuts that have caused great hardship south of the border.
Domestic Abuse Courts (Access)
To ask the Scottish Government what action it is taking to speed up access to domestic abuse courts. (S4O-03674)
While overall levels of crime in Scotland have continued to fall in recent years, the reporting and prosecution of certain categories of crime, including domestic violence, have increased. Victims are now more confident in reporting those crimes and our law enforcement agencies deserve credit for sending a clear message that such crimes have no place in a modern, fair Scotland. As a consequence, our courts are now dealing with increased volumes of such cases, which are often complex and require sensitive handling.
To assist in ensuring the efficient processing of summary cases, including cases involving domestic abuse, the Scottish Government has provided £1.47 million in additional in-year funding, on top of agreed budget allocations, to be shared between the Scottish Court Service and the Crown Office and Procurator Fiscal Service. The funding is being used to support additional fiscals, court staff and judiciary. The Scottish Court Service has established specialist domestic abuse courts to deal robustly and effectively with domestic incidents when they arise and to reduce the risk of further escalating violence or abuse.
At meetings of the cross-party group in the Scottish Parliament on men’s violence against women, concerns have been expressed about long delays in access to domestic abuse courts and, when domestic abuse cases are still heard in them, sheriff courts. Does the cabinet secretary accept that long delays and the postcode lottery of delays are inappropriate for victims of domestic abuse and that they impact on their safety? Will he therefore ensure that the courts prioritise domestic abuse matters?
Obviously, it is for the Scottish Court Service to prioritise, but I agree with Malcolm Chisholm that justice delayed can be justice denied. Especially when dealing with domestic abuse, it is important that prompt and expeditious action is taken. That is why the additional funding of £1 million to the Court Service and £470,000 to the Procurator Fiscal Service has been provided. A spike has clearly been caused by the greater involvement in the issue by Police Scotland. The benefits of Police Scotland taking appropriate action have been mirrored in all parts of the country, and have resulted in that spike, which put pressure on the police service, the fiscals and the courts. For that reason, we put in the additional funding.
I welcome the fact that the domestic abuse court in Edinburgh has been extended to cover all areas of the city and areas beyond the city. I think that we will see that the delays that came about because of the appropriate and correct actions that were taken by the court, the police and the Crown will now begin to reduce.
Youth Antisocial Behaviour (Western Edinburgh)
To ask the Scottish Government whether it is aware of youth antisocial behaviour in western Edinburgh including joyriding and motorcycle theft. (S4O-03675)
I am aware of the situation and I know that tackling youth antisocial behaviour is being prioritised by local police. Fifteen officers have been deployed, providing additional assistance and reassurance to the local community. Positive steps are being taken to involve all partners, and a multi-agency joint action plan is in place to reduce the levels of antisocial behaviour and youth offending.
Does the minister agree that the actions of Police Scotland, the city council and local community groups, working together in partnership, have shown how effective local community policing can be, and that, although there is undoubtedly more to be done, the scare stories of some Opposition members about a breakdown in local policing are unfounded?
I am happy to agree with Colin Keir on that. Partnership working, with local communities working with Police Scotland and the local authority, is an effective way to tackle local issues and to ensure that the public feel safe in their homes and are free to go about their business unhindered.
I support Edinburgh’s attempt to reduce offending, which includes using the whole-system approach to preventing, diverting, managing and changing offending behaviour by children and young people. As a result of that approach, the number of children in Edinburgh who have committed offences in the past three years has reduced by 28 per cent.
I congratulate the police in the part of my constituency that adjoins Colin Keir’s constituency and which the minister referred in her first answer.
However, does the minister understand the concern and anger of the local community about what has been going on, and the disappointment that people feel at the fact that, sometimes, after effective police action, it seems that the courts and the children’s hearings system let the community down? Does she agree that individuals must suffer the consequences of their actions and that that is an important part of combating crime, as well as the provision of support for individuals and the regeneration of communities, which is, obviously, also necessary?
Malcolm Chisholm is probably reflecting a feeling that can become widespread in communities. Work in the children’s hearings system with young people who offend takes place on a confidential basis, as he knows. The extent of intervention might not always be obvious to communities, but that does not mean that offending behaviour and its impact are not being confronted and addressed. It is important for us to reinforce that point. We also have in place diversionary activities that are being funded through the cashback for communities programme, which he will be aware of.
Sadly, the subject that we are dealing with is not a new problem. The same issue was being raised many years ago when I was a local government candidate in Edinburgh. Members will realise just how long ago that was when I tell them that Alistair Darling won that election and became the regional councillor for the area.
That is a reflection of the enduring difficulties that can arise with such behaviour and of the long-term need to tackle it at the preventative end rather than at the end that features the offending behaviour.
Question 4, in the name of Gavin Brown, has not been lodged. An explanation has been provided.
Puppy Farming and Illegal Importation
To ask the Scottish Government what action Police Scotland is taking to address the issue of puppy farms and puppies being imported illegally. (S4O-03677)
Enforcement of the legislation concerning puppy breeding and import controls on dogs is primarily the responsibility of local authorities rather than the police. However, Police Scotland will assist local authorities and other enforcement bodies such as the Scottish Society for the Prevention of Cruelty to Animals when requested.
The cabinet secretary will be aware of the concerns that have been expressed regarding the growth in the sale of puppies and dogs online. Following the publication of the Scottish Government’s consultation on promoting responsible dog ownership in Scotland, respondents repeatedly called for indiscriminate breeding of dogs to be tackled and argued that, until it was tackled effectively, irresponsible dog ownership would continue. What reforms will the cabinet secretary bring forward to address that issue and the sale of animals on internet sites, especially as we approach the Christmas period, when people may be considering buying puppies as presents?
The policing of the internet, if I can put it that way, causes great difficulties in relation to not just this area but many areas. It crosses jurisdictions, and other difficulties are caused by the fact that consumer affairs are reserved.
We seek to make Scotland as safe a place as possible not just for humans but for animals, and to tackle the issue that Nanette Milne correctly raised, which is quite scandalous. Initially, the issue involved the transportation of dogs from eastern Europe, with many coming through United Kingdom points of entry. Scottish police and others work with their UK counterparts, but it is clear that people can access weapons, drugs and puppies over the internet.
We keep these matters under review. Some of them will be dealt with by the Cabinet Secretary for Rural Affairs and the Environment rather than me, but I am happy to try to get some information for Nanette Milne from both our departments and from Police Scotland, which I have no doubt monitors the internet for all sorts of behaviour. It is hard to say how we can have proper enforcement until such time as the issue can be addressed here, but I will reflect on the matter and come back to Nanette Milne with as much information as I can.
Police Scotland (Workloads)
To ask the Scottish Government what its position is on changes to the workload of officers and support staff since the establishment of Police Scotland. (S4O-03678)
This is a matter for the chief constable and the Scottish Police Authority, in consultation with the staff associations and unions. The Government is continuing to deliver on our commitment to put 1,000 additional police officers in communities at a time when recorded crime is at a 39-year low.
On 4 November, Chief Superintendent Niven Rennie of the Association of Scottish Police Superintendents told the Justice Committee that he had “real and significant concerns” about the workload of his members and that the number of superintendents had reduced significantly through reform. Stevie Diamond of Unison told the committee:
“There are real pressures on staff to perform and fill in the gaps that have been left by people leaving or by roles not being filled.”—[Official Report, Justice Committee, 4 November; c 46.]
I know that the cabinet secretary likes to say that the matter is an operational one for the police, but the legislation was brought in by him and passed by this Parliament. Does he have any responsibility and what will he do about the problem?
The legislation was brought in by me and passed by this Parliament, and it was, I think, supported by the member, who had campaigned for a single police service—Labour’s position had been for that.
As we heard earlier, Police Scotland is doing a remarkably good job, as the legacy services did. We have heard about the outstanding amount of work that is causing pressures on other aspects of justice, such as tackling domestic abuse.
The chief constable has been clear that there will be no routine backfilling. I will meet Niven Rennie and Stevie Diamond shortly, as I do regularly.
There are financial pressures on Police Scotland, as there are on every public sector and private sector authority in Scotland. The challenges come from us not having control of our own budget, which has implications for us. Those who work in Police Scotland and are required to lead it are rising to the challenge and doing an outstanding job.
Historic Child Abuse Allegations (Public Inquiry)
To ask the Scottish Government what its position is on holding a public inquiry on historic child abuse allegations. (S4O-03679)
Hanzala Malik may be feeling rather overtaken by events. No doubt he will have been in attendance for the Cabinet Secretary for Education and Lifelong Learning’s statement yesterday. The cabinet secretary gave his assurance that by the end of this year we will reach a decision on whether a further public inquiry will be convened, after we have had an opportunity to listen very closely to views on all sides of the debate, to ensure that the action taken is well informed and meaningful.
Although my question was submitted before the child protection statement was given yesterday, I would like to reiterate the graveness of the issue. Holding a public inquiry on historic child abuse allegations would assure the public that victims’ calls for justice would be properly addressed, rather than disregarded.
Scotland needs to take a deep look into the future of both the child protection and legal systems, so I press on with my request that the minister should look at the issue and ensure that a public inquiry is carried out as soon as possible.
We only need to think about what is happening with Westminster’s public inquiry for the member to agree that it is important that we get this right from the start. We intend to consult survivors about all aspects of the kind of inquiry that might be required and who might sit on that inquiry. It is important that we do that and understand clearly whether the whole process of the kind of inquiry that might be being asked for is manageable.
The Government has made a commitment that a decision will be made on that by the end of this year. How time limited one can make that inquiry is a different question entirely.
Domestic Abuse Courts
To ask the Scottish Government what plans it has to establish domestic abuse courts across the country. (S4O-03680)
There are already a number of established domestic abuse courts across Scotland in Glasgow, Edinburgh, Falkirk, Dunfermline, Livingston and Ayr. Sheriffs principal are responsible for court programmes, including domestic abuse courts, and under their legislative duty are tasked with ensuring the efficient management of cases in their sheriffdom.
Although Scottish ministers have no locus of control over court programming, it is worth mentioning that the domestic abuse toolkit to aid the development of specialist approaches to cases of domestic abuse, which was published in 2008, was prepared following initial evaluation of the dedicated court in Glasgow and was developed to aid sheriffs principal and local criminal justice partners.
Obviously I wish to see domestic abuse courts rolled out throughout Scotland, because it would help victims to address the crimes that have been committed against them, but, in the interim, will the cabinet secretary look at grouping cases? Will he encourage the Crown Office and Procurator Fiscal Service and the justice system to pull cases together to build expertise within criminal justice services and procurator fiscal offices, so that people understand domestic abuse and so that the sheriffs who preside over such cases have a deeper understanding of the issues that come before them and can deal with them appropriately?
Absolutely. The member makes a fair and valid point. To be fair, the COPFS has sought to ensure that, wherever possible, such cases are dealt with and marked by specialist domestic abuse fiscals. Sheriffs principal have also tried to ensure that, when there is no specialist court, we bring together particular cases on set days and do so with sheriffs who have built up expertise.
This is the same issue that came up when we talked about young offenders, and I recall Dame Elish Angiolini making the point that it is not so much the building of the expertise that matters, but how we deal with the offenders. We need people who are properly knowledgeable and able to deal with the issue, whether they are fiscals or are on the bench, and we need to ensure that we deal with cases as expeditiously as possible, which is a point that Malcolm Chisholm has quite rightly raised. Cases need to be clustered together and we need to make sure that we have resources in court—such as social workers, Scottish Women’s Aid and other agencies—on the right days.
I can assure the member that her point is well made. It has been taken on board by the Crown and the Scottish Court Service and I am happy to drive home the important point that has been raised in Parliament.
Revenge Pornography
To ask the Scottish Government when it will bring forward proposals to tackle revenge pornography and what timescales will apply. (S4O-03681)
We have confirmed that we are looking actively at the issue of revenge porn and will set out how action will be taken forward very soon. In the meantime, prosecutors have confirmed that there are a number of existing offences through which people who engage in this criminal behaviour can be prosecuted.
Will the cabinet secretary confirm whether he or his officials have had discussions with the Scottish Police Authority about the nature of any additional resources or finance that might be required to deal with the issue?
We have not specifically on this issue, but I recently met Vic Emery to talk about the police budget in the round. From discussions with Police Scotland and the Crown, it seems to me that we are talking about having a better law to deal with circumstances in which a quite unacceptable crime is being committed.
The point that the Lord Advocate has quite correctly made, and which is supported by us and, indeed, by agencies such as Scottish Women’s Aid, is that we know that this behaviour is going on and it is unacceptable. Existing offences can be and, indeed, are being used correctly to prosecute people, but a specific law on revenge porn would make matters clearer and would assist the police and prosecutors, and we will seek to drive the matter forward on that basis. This is about making the law better and clearer, not about increasing costs.
Many thanks.