Meeting of the Parliament

Meeting date: Thursday, December 12, 2013

Official Report 1000KB pdf

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General Question Time

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Women Prisoners (Mental Health Services)

1. To ask the Scottish Government what actions it has taken in response to the recommendation of the commission on women offenders that an urgent review of the provision and resourcing of services for women in prison with borderline personality disorder and post-traumatic stress disorder should be carried out. (S4O-02707)

The Scottish Government’s response to the commission’s report in June 2012 advised that we would keep the recommendation for a review under consideration while we prioritised work to respond to the commission’s recommendations regarding the actual provision of mental health support for women offenders. That has included funding NHS Lothian to improve responses to women offenders with borderline personality disorders and post-traumatic stress disorders, development by the Scottish Prison Service of mental health training within its staff induction programme, and ensuring that the new women’s prison at Inverclyde and the rest of the female prison estate meet the mental health needs of women offenders.

From June 2012 until November 2013, 37 women were held for various times in Cornton Vale's separation unit. The majority were reintegrated into the main prison quickly, and I acknowledge the use of the unit as safety valve. However, four of those women were held for extended periods and three of those four were under the age of 21. In the worst example, one woman was placed in solitary confinement in one of the special bare cells on six separate occasions, for a total of 387 days. The cabinet secretary will know those figures because it is against the Prisons & Young Offenders Institutions (Scotland) Rules 2011 to isolate someone for more than 72 hours unless authorisation is sought from Scottish ministers. Although I understand the difficulties in managing the complex behaviour of those young women, I am appalled that that type of containment should be used for so long and believe that such lengthy isolation can only compound their ill health.

Does the cabinet secretary believe that using rule 95 of the prisons rules is the most appropriate mechanism? Why is rule 97 not invoked? That at least would ensure that a medical practitioner was advised of the course of action. Will the cabinet secretary consider amending the prison rules to trigger a review by an independent panel when a series of back-to-back extensions have been applied?

Can the cabinet secretary tell me at what point he will stop signing the orders and demand a different more humane and less degrading approach that tackles the health needs of those young women?

These are complex and difficult matters. Borderline personality disorders are difficult to diagnose and are even harder to treat. They are matters that I have discussed not only with the chief executive of the SPS but with Her Majesty’s chief inspector of prisons, and I would be willing to discuss them with Alison McInnes.

Alison McInnes will be aware that such issues are operational matters for the SPS. As Colin McConnell remarked when he discussed it with the Justice Committee on 5 November, there are occasions when an individual has to be kept under close supervision for her own safety and wellbeing, and for that of other prisoners. Not only can they be violent towards other prisoners and staff but, frequently, that behaviour is conjoined with self harming. The steps that we are discussing are taken reluctantly, but often involve an element of trying to ensure the safety of the individual concerned.

There is a small number of women whose consistently aggressive or disruptive behaviour has required that they spend longer periods in the separation and reintegration unit. Management of those women focuses on addressing their behavioural problems and on developing strategies to help them to cope in the usual prison environment. The Scottish Prison Service takes professional advice from the national health service’s clinical psychology and psychiatric services in considering its procedures. I have also discussed the matter with health officials.

However, when the women are clearly sane and fit to plead, it is not possible to send them to any mental health institution; under the order that has been imposed by the court, it is required that they be dealt with by the Scottish Prison Service. The service does that as best it can, taking into account the requirement to protect its staff and other prisoners as well as its responsibility to maintain the wellbeing of the individuals in question. I am happy to discuss the matter with Alison McInnes, but I give her an assurance that such measures are taken extremely reluctantly by the SPS and usually because there is no alternative.

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Prison Visiting Arrangements

2. To ask the Scottish Government when it will publish its final proposals concerning prison visiting arrangements. (S4O-02708)

The Public Services Reform (Prison Visiting Committees) (Scotland) Order 2014 was laid in Parliament on 4 October 2013. The order abolishes prison visiting committees and creates a new independent prison monitoring service under the auspices of Her Majesty’s chief inspector of prisons for Scotland. The order requires a statutory consultation period, which is under way and will end on 31 January 2014. Following that, it is anticipated that the final report on the findings from the consultation will be published by the end of April 2014.

Why, having appointed Professor Coyle, did the cabinet secretary then reject Professor Coyle’s recommendation for an independent volunteer-led model with a single tier of independent monitors for each prison? Why, instead, has he reverted to proposals that were widely criticised 18 months ago?

We have not repudiated Professor Coyle’s recommendations; the Government has accepted the vast majority of Professor Coyle’s recommendations, including his recommendation to abolish visiting committees and replace them with a new system of voluntary independent prison monitors.

The issue on which Professor Coyle disagrees is the proposed introduction of salaried prison monitors. He has stated that he believes that that could produce “unnecessary and expensive duplication”. However, the Government, supported by Her Majesty’s chief inspector of prisons for Scotland, whom I met just last week, believes that the introduction of paid monitors to oversee the work of lay monitors will be an essential part of the new system. The paid monitors will perform a secretariat function, which will ensure that the system of independent monitoring is robust, accountable and consistent throughout Scotland.

I am grateful to Professor Coyle for his work. However, I believe that our proposals will add to, not detract from, his work, and will ensure that lay monitors will be enhanced by a professional secretariat under the auspices of HM inspector of prisons.

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Right of Access Obstructions (Records)

3. To ask the Scottish Government what records are kept of obstruction by landowners to right of access by walkers, wheelchair users, cyclists and horse riders. (S4O-02709)

The Scottish Government does not keep records of obstructions by landowners to rights of access. Dealing with such obstructions is the responsibility of local authorities and national park authorities, and any records will be kept locally.

The Scottish Government does, however, collect information on the use of formal statutory notices that are served on landowners who deter access. There have been five or fewer such notices in each of the past five years to 2012-13. In 2012-13 itself, just one such notice has been served.

Does the minister agree that it is unreasonable for a landowner to take more than five weeks to respond to an access officer’s inquiry into their obstruction of walkers, as was the case in October at the Ledgowan estate in my constituency? Does he agree that the access law would be better served by all landowners appointing a responsible person to speak on their behalf within 14 days in responding to such lawful inquiries under the provisions of the Land Reform (Scotland) Act 2003?

Scotland’s 32 local authorities and our two national park authorities are access authorities and take a lead role in managing access at local level. Access authorities have a duty under the Land Reform (Scotland) Act 2003 to uphold access rights and are best placed to decide on matters such as the timing of responses to their inquiries about obstructions.

The Scottish Government does not see any case for changing the law in relation to matters of timing in handling local access disputes. However, when problems arise I encourage local access officers to involve the local access forum. One of the forums’ statutory functions is to offer assistance—and, when the offer is accepted, to give assistance—to parties to a dispute about exercise of access rights, towards resolution of the dispute. As a last resort, the access authority has the power to serve statutory notices, to which I referred in my first answer.

Question 4, in the name of Bruce Crawford, has been withdrawn. The member has provided a satisfactory explanation.

Kenny Gibson has the next question. I am sorry, I meant to say Ken Macintosh.

Presiding Officer, are you apologising to me or to Kenny Gibson? [Laughter.]

Both.

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Programme for International Student Assessments (Science Scores)

5. To ask the Scottish Government what its position is on the scores for science in the 2012 Organisation for Economic Co-operation and Development programme for international student assessment results. (S4O-02711)

The 2012 PISA results show that Scotland has continued to perform above the OECD average in science and at least as well as other United Kingdom countries. For the first time, there has been a welcome reduction in the performance gap between disadvantaged and less disadvantaged pupils in reading, maths and science.

The on-going implementation of curriculum for excellence will ensure that the learning our young people experience continues to improve, including in science, with a sustained focus on raising the attainment of learners.

I am slightly concerned about some of the claims that the minister makes for our performance. I would not wish to overreact to a survey of this nature, but it reveals that, for example, deprivation and poverty are still huge factors affecting attainment across our country, and that some countries are more successful at reducing the impact of poverty on education outcomes.

The survey also reveals that in this country girls are being outperformed by boys by some 13 points in science, while the OECD average gender gap is just one point. We seem to have been tackling that issue about science and maths for more than a decade. How does the minister monitor the success of the programmes in order to improve performance, particularly in science? Are those programmes a success?

I am glad that Ken Macintosh referred to the attainment gap. It is right to say that some European countries are performing exceptionally well in closing that gap, including a number of small independent countries around us. However, it is particularly relevant that this is the first time that PISA has pointed to a measurable closing in the attainment gap; the 2012 results show that happening in a very positive way compared with 2009. However, we are not complacent about that. I have said on a number of occasions that we must close not only the gender gap but the attainment gap and we must make it clear that the opportunities that education provides are for everyone in Scotland.

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Housing Land Supply (Local Authorities)

6. To ask the Scottish Government what role local authorities have in determining appropriate housing land supply. (S4O-02712)

Planning authorities are required to identify a generous supply of land for housing by allocating a range of appropriate and effective sites in their development plans. That is informed by housing need and demand assessments conducted by the planning authorities.

The minister will be well aware that, in Lothian, the Scottish Government has forced local authorities to release more land than they believe is needed or could even be realistically built on. Green belt land, which fulfils many important functions and defines many people’s sense of place and community, is being eroded in Lothian. When it comes to local development planning, do ministers prefer a desk-top study that guesstimates the future, or the local knowledge and decisions of the elected council?

I do not think that it is the case that we are requiring local authorities to release more land than is needed; indeed, I have just explained that we are compelling councils to meet the numbers that they themselves have identified for housing supply. That is the right thing to do.

We leave local authorities, at their discretion, to help with and lead on site selection. It would be better for planning authorities if they had identified appropriate sites in the first place. Ministers were presented with recommendations from reporters acknowledging the fact that there was not an adequate supply. We therefore brought forward the numbers—we did not add to them—so that local authorities can determine the right sites in good time. Those modifications are necessary and will help to deliver the housing that we need not just in the Lothians, but across Scotland. The system is working well, but planning authorities would do well to engage earlier to find the right sites and not leave it to reporters to find amendments.

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Small Rural Communities (Marketing Support)

7. To ask the Scottish Government what support is available for small rural communities to market themselves. (S4O-02713)

This Government attaches great importance to the wellbeing of communities across Scotland, including rural Scotland. We provide a range of services and funding through a number of key partners that give communities the means to make a positive difference to their area and to market themselves more effectively. Notable successes include the LEADER programme under the Scottish rural development programme, the community account management initiative that is run by Highlands and Islands Enterprise, and the VisitScotland growth fund.

The LEADER fund has been a significant player in helping communities in the north-east of Scotland to develop initiatives, and in the Moray part of my constituency, Highlands and Islands Enterprise is excellent at supporting communities that wish to market themselves.

Will the minister advise us what help is available for small rural communities that are not currently eligible for help under the town centre action plan? In many of those communities, we are now down to very small numbers of shops and we need to ensure that they are able to remain sustainable for the foreseeable future.

I am sure that Mr Stevenson welcomes the fact that the town centre action plan has produced a range of actions and methods, as well as a toolkit from which any community can draw to support itself so that it is more dynamic and vibrant and can be sustained in difficult times.

As we deliver continued recovery, every part of Scotland can benefit from the funding packages that we have made available. I also draw more attention to community ownership, social enterprises in communities, the sense of place campaign, business improvement districts and the people and communities fund.

Mr Stevenson will also welcome—as will most members of the Parliament—the announcement on business rates, which will continue to ensure that Scotland has the best package of business rates reliefs in these islands.

Question 8, in the name of Patricia Ferguson, has not been lodged. The member has provided a satisfactory explanation.

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Community Councils (Participation)

9. Cameron Buchanan (Lothian) (Con): To ask the Scottish Government whether it considers the Improvement Service’s project on enhancing the role of community councils to be sufficient in tackling the issue of participation. (S4O-02715)

Throughout Scotland, thousands of community councillors are active in their communities, and that effort is very much welcomed. I am confident that the Improvement Service’s work, in addition to the contribution of other organisations such as local authorities and community councils themselves, will make a positive difference.

The minister is aware that, in my region, the City of Edinburgh Council and West Lothian Council held elections in October, following which one community council in Edinburgh and five in West Lothian were disbanded due to lack of interest—albeit that West Lothian Council now states that it is confident that at least two will reform. Will he advise precisely what the Improvement Service is doing to address the matter and to prevent further loss of our important community councils?

A range of actions will derive from the funding that we have committed to the Improvement Service, including training, mapping out the community councils’ relationship with other organisations, greater use of electronic communication and a number of new pilot projects to try to enhance participation in community councils.

Mr Buchanan is absolutely right that levels of participation and turnout are not adequate. That is why we want to do more. More opportunities will also exist through the proposed community empowerment (Scotland) bill further to enhance the role of community councils. I look forward to the Conservatives’ proposals—in particular, to Mr Buchanan’s contribution—on how to determine what further action we can take to generate a great deal of interest in community councils so that they can more helpfully contribute to Scotland’s democratic life.

Will the minister agree to consider planning in his pilot work with community councils? I know from anecdotal evidence from Edinburgh that the volume of work that is associated with planning issues, whether repeated consultations or the sheer complexity of planning applications, places a huge burden on community councils, which want to exercise their obligations properly. Will he consider that as an area in which there is room for improvement?

Yes—I am happy to look into that. The statutory function that community councils have is important. They are supported by Planning Aid Scotland. There is a role in that for community planning, as well as the land-use planning system.

I will take Ms Boyack’s comment on board in the revitalisation of community councils throughout Scotland.

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Digital Connectivity (Cities)

10. To ask the Scottish Government what it has done to mitigate the impact of the cancellation of the fixed broadband capital infill programme of the United Kingdom Government’s superconnected cities broadband initiative. (S4O-02716)

The Government recognises that smart cities are dependent upon their digital infrastructure. We are working closely with Scotland’s seven cities, through the Scottish cities alliance, on shared objectives to deliver world-class digital connectivity. That includes supporting city local authorities and their partners in redesigning their superconnected cities plans.

Can the cabinet secretary provide an update on when we can expect superfast broadband to be rolled out in rural west Edinburgh?

The high level roll-out plans for the step change programme were published on the Government’s website in October. We will not be in a position to confirm which areas in rural west Edinburgh will be connected until technical survey work has been completed. We intend to announce in January the exchanges that will be the first to be upgraded under the superfast broadband project, and more information on the rest of the roll-out will become available during the course of next year.