Plenary, 13 Nov 2008

Meeting date: Thursday, November 13, 2008

Official Report 754KB pdf

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Question Time

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SCOTTISH EXECUTIVE

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Rural Affairs and the Environment

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Chlorofluorocarbons

To ask the Scottish Executive what steps it is taking to ensure that materials containing CFCs in buildings being demolished are disposed of in such a way as to minimise the release of these greenhouse gases into the atmosphere. (S3O-4784)

This is an important issue. The recovery and disposal of CFCs in demolition waste forms part of a European Commission proposal to recast and amend the existing European Community regulation covering the elimination of man-made ozone-depleting substances. In light of that proposal, the Scottish Government is working with the United Kingdom Government and the building industry to assess the current infrastructure that is available for disposal of materials containing ozone-depleting substances from buildings that are being demolished, and the technical and economic issues that may arise.

Minister, like you I recognise the significance of the problem. Across Europe, foams are estimated to account for 16 times the amount of CFCs and 3.5 times the amount of hydrochlorofluorocarbons accounted for by refrigerators, so there is clearly a major problem. Has the Scottish Environment Protection Agency issued guidance on the issue? If so, what checks are being carried out? What enforcement action is being taken against those who transgress?

I am happy to ensure that SEPA provides the member with information on the enforcement action that has been taken under the present regulation. As the member is aware, we are dealing with the way in which the regulation will be recast and recodified to meet increasing need; his question referred to that. On 28 November, the European Union working party on the environment will discuss a firm proposal for regulations. The Government is keen that the existing regulation should be recast in an effective way, and we are taking SEPA's advice on the issue. As soon as the regulation has been recast, we will take all appropriate steps to ensure that the building industry and some wider organisations are aware of the issues and act promptly and effectively to ensure that releases of CFCs do not take place, because such releases make a significant contribution to climate damage.

I remind members that all contributions should be made through the chair, rather than directly to other members.

Hugh Henry reminds us that CFCs are greenhouse gases, although they are not often recognised as such. What measures will be included in the forthcoming climate change bill to ensure the recording, monitoring and inclusion in reduction targets of less well-recognised greenhouse cases such as CFCs and nitrogen trifluoride, which may become a more serious issue in future?

The member raises an issue of importance. We must ensure that we do not keep our eye on a single ball—there are many balls in the air, so to speak. However, I hope that when the bill is published the member will be satisfied by the actions for which it provides. If he is not, I am certain that he will say so.

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Rural Development Priorities

To ask the Scottish Executive what its priorities are for rural development. (S3O-4785)

Our priorities are to improve business viability, to enhance biodiversity and our landscapes, to improve water quality, to tackle climate change and to promote thriving rural communities.

Earlier this year, an award of more than £1.3 million was made under the European regional development fund programme for 2007 to 2013 for lowland and upland Scotland, under priority 4 of rural development funding, to contribute to homecoming Scotland 2009. Given the priorities that the minister has just outlined, what specific outcomes would he like to see in south-west Scotland, especially Carrick, Cumnock and Doon Valley?

I hope that the generous funding that the Scottish Government has made available will have the same outcomes in the member's constituency in south-west Scotland as it will have in the rest of Scotland—thriving rural communities. I ask the member to advertise to her constituents the many funds that are available and to encourage them to apply, to ensure that her part of the world gets its fair share of that valuable funding.

The minister will agree that ensuring a supply of affordable housing in rural areas must be a top priority. To help sustain strong rural communities, will the Scottish Government consider granting powers to local authorities to relax planning rules in certain localities, so that they can create rural home zones along the lines suggested by the Royal Institute of Chartered Surveyors?

I thank the member for raising what is a huge social problem in rural Scotland. Just a couple of weeks ago I attended a meeting of the Scottish Government's housing task force, at which many potential solutions to the rural housing crisis were discussed. We await the outcome of the task force's deliberations.

I welcome ideas from members across the chamber. A range of issues are being considered by the task force and I ask the member to be assured that the Scottish Government is treating the issue very seriously.

I welcome the fact that the minister recognised this week that the Scottish rural development programme is not fit for purpose, and I welcome his intention to review it. During that review, will he consider cutting the bureaucracy of the proposed scheme, ensure that the scheme is available to people who do not have internet access and ensure that the funding for the scheme reaches those who need it, rather than lining the pockets of accountants?

It is striking that the member thinks that the SRDP is not fit for purpose, given that her party's Administration largely designed the programme that we are now implementing.

We all agree that it is essential that the rural development programme, which equates to £1.6 billion for our rural communities over the next six to seven years, is fit for purpose in 2009 and beyond. Once the first round of awards has finished, in late December, it will be an appropriate time to take stock. We must take into account the impact of the global situation on Scotland, as well as the experience of the first year of the programme. That includes some of the bureaucratic elements that have been brought to the Government's attention by farmers, land managers and rural interests the length and breadth of Scotland. It is important that we respond.

We have already taken steps to address some of the concerns that have been expressed and some of the teething problems of the first year, but we should bear it in mind that the SRDP has been largely successful over the past year, and that awards have been flowing out the door. Many innovative proposals are emerging from across rural Scotland. There have been 4,500 applications for the rural priorities element alone in the seven months since applications opened.

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Seabirds (Breeding Populations)

To ask the Scottish Executive what action it is taking to address the decline in breeding seabird populations. (S3O-4761)

The member will be aware of the report from RSPB Scotland that was published on 30 October, which issued details of the levels of seabird breeding success on the RSPB's Scottish coastal reserves. The key issues that were highlighted in that report include a substantial lack of breeding success for the Arctic tern, Arctic skua and kittiwake in 2008. However,

"other seabird species appear to be weathering the storm. Great skuas, gannets and cormorants have experienced modest increases in their numbers, while herring gulls have remained stable."

The Scottish Government is committed to protecting our world-renowned seabird populations. We are working closely with bodies such as the RSPB to actively monitor our seabird colonies to find out just what the problems are. To strengthen seabird protection, we have recently consulted on proposals to extend 31 special protection areas into the marine environment, and we expect to make an announcement in the new year.

Climate change could well be an important factor. The Scottish Government is taking a leading role in developing our understanding of the impact of climate change on the natural environment. We have announced proposals for an ambitious climate change bill, which will help to develop solutions for global action to moderate the effects of climate change. That should be beneficial.

Is the minister aware that the number of breeding puffins on the Isle of May in my region—they are one of our most popular and iconic seabirds—has dropped by a staggering 28,000 pairs in the past five years, after almost 40 years of rapid population growth? In light of their tremendous value to the ecosystem and to tourism in north-east Fife, will the minister take action to address, and I hope reverse, that deeply worrying decline in puffin numbers?

I am sure that the member would accept that action that we would like to take for the Isle of May must be in the context of action throughout the whole of Scotland and in the context of climate change and variations in the availability of sand eels, in the case of puffins in particular. I am sure that the member is aware that the tendency of puffins to eat pipefish instead of sand eels when supplies are scarce adds to the problem, as very little nourishment is available from that fish.

Scotland has a good track record of being positive with respect to the needs of seabirds. For example, the efforts that were taken at the Wee Bankie off the east coast specifically focused on sand eel availability. We continue to be concerned about the problem and to address it, not just on the Isle of May—which I am concerned about—but in every area where there has been a decline.

Is the decision to extend 31 special protection areas into sea areas based on sound science? Can the health of breeding seabirds be monitored in one of those areas, Cape Wrath, which is part of a live bombing range?

The proposed boundaries of the extended areas are based on robust scientific data, but it is obvious that there must also be a justification that local people accept and understand. In all the work that I and my colleague Mr Lochhead have done with communities on such issues, we have been determined to ensure that proposals are acceptable and have support, because the health of the local environment should be important to every citizen.

The proposals on Cape Wrath were endorsed in the context of the science by the Joint Nature Conservation Committee and Scottish Natural Heritage. The proposed 2km extension for Cape Wrath is part of the Scottish Government's commitment to protecting seabird populations. I have communicated with the member many times about bombing activities at Cape Wrath, which I think could be undertaken more sensitively—if bombing can ever be undertaken sensitively.

Presiding Officer, the breeding seabirds problem extends to your constituency, given the kittiwake population in the Mull of Galloway.

The minister mentioned sand eels. We have expressed concern in the past about the effect of commercial fishing on sand eel stocks. Has research been done into whether commercial fishing might also affect breeding seabird populations? If so, are discussions on the issue going on at European level?

The member makes an important point. There is an extremely limited sand eel fishery—if there is one at all; I would have to come back to the member with the exact details. The decline in sand eels appears to be partly a result of climate change and partly a result of previous overexploitation, which is a problem that we have to address. SNH and others are working to find ways of increasing populations. However, we must remember that climate change is a factor and will mean change.

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Flood Defences

To ask the Scottish Executive what steps it is taking to support the provision of flood defences. (S3O-4768)

The provision of flood defences is of great importance in a time of climate change. Earlier this week I launched the Scottish flood forum, which will support people who are at risk of or have suffered flooding. The Scottish Government has given local authorities the freedom, flexibility and respect to meet national and local priorities and to manage their own resources, as agreed in our concordat with the Convention of Scottish Local Authorities. That is why in 2008-09 we have rolled up more than 40 specific grants, worth almost £1.7 billion—an amount that includes record sums for flood defences.

Has the Scottish Government received written representations from any local authority that has been affected by flooding during the past six months and is seeking additional financial support from the Scottish Government? I appreciate that the minister might not have that information at his fingertips, so will he undertake to write to me with the information if he cannot provide it now?

I am happy to undertake to write to the member and to co-operate positively with her on this and any other matter. The issue of flooding should unite members of all parties.

I am unaware of specific representation. However, the member has more experience as a minister than I have, so she will know that although local authorities and others write to ministers regularly to ask for more resources, that does not mean either that those resources exist or that—perish the thought—the demands are always justified.

Will the minister implement the recommendation of the Rural Affairs and Environment Committee that the fire and rescue service, which has massive experience, should be tasked with co-ordinating flood rescue activities?

We are considering the issue to do with the fire and rescue service, which is the responsibility of my colleague the Minister for Community Safety. I have agreed to meet representatives of a number of bodies to discuss the service's involvement.

We must ensure that there is a speedy, prompt and effective response to any flooding situation. I visited victims of flooding in Broxburn on Monday afternoon and I know the tremendous suffering, upset and disruption that flooding causes, with the tremendous loss of precious items and, occasionally, the loss of life. We must do everything to guard against such loss, which is why the Scottish flood forum is working effectively to support victims of flooding.

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Scottish Agricultural Wages Board

To ask the Scottish Executive what plans it has to reform the Scottish Agricultural Wages Board. (S3O-4770)

In a consultation exercise from 20 June to 30 September, we asked whether it would be appropriate to continue to set separate minimum rates of pay and other conditions for agricultural workers in Scotland and, if so, whether it should be done by the Scottish Agricultural Wages Board in its existing form or some other way.

We are evaluating responses and will announce our decision on the board's future as soon as possible.

Will the minister acknowledge that the wages board has ensured that strides have been made in addressing the issue of low pay among many agricultural workers? How does he respond to trade unions' fears, including those of my union, Unite, that abolition of the board threatens progress?

As the member will be aware, we are reviewing a number of public bodies in Scotland. A number of concerns have been expressed to the Scottish Government about the fact that the board dates back to 1949 and it is now 2008. It is therefore only right that the board should be reviewed, and we brought that forward by a year or so.

The Scottish Government has received a range of responses, none of which has come from the Labour Party, Richard Baker, or John Park, who has also raised the point in Parliament. Those responses have ranged from abolition to increased flexibility or maintaining the status quo. It is the Government's duty to listen carefully to all the views that are being expressed and ensure that we take the right decision for Scotland's agricultural workers and the wider farming sector.

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Plastic Carrier Bags

To ask the Scottish Executive whether it accepts evidence that a 90 per cent reduction in plastic carrier bags will result in 13,700 tonnes of additional waste per annum. (S3O-4816)

The Scottish Government is focused on reducing the unnecessary use of all carrier bags, not just plastic ones. At the First Minister's supermarket summit in September, retailers committed to working with the Scottish Government to reduce carrier bag usage by 50 per cent by spring 2009. We accept that if householders just switch from using plastic bags to paper bags, there could be an increase in the amount of waste produced, given that paper bags generally weigh more. That is why we are working with retailers to support the reuse of all bags.

Given that 75 per cent of consumers reuse plastic carrier bags at least once, does the cabinet secretary agree that a 50 per cent reduction in carrier bags will reduce waste by a negligible 4,000 tonnes? Would it not be a far more effective policy to increase existing opportunities to recycle plastics as opposed to any counterproductive and narrow focus on plastic carrier bags?

We should congratulate consumers on reusing bags and, of course, we congratulate those towns in Scotland that are trying to become plastic bag-free. That is a sign that the general public and consumers are taking their environmental responsibilities very seriously indeed. By cutting down on the single use of bags, we help to address litter problems and reduce waste to landfill, as well as helping to change the attitudes of people in Scotland to their valuable resources. There are benefits to reducing the use of bags and there is much support in the chamber and throughout Scotland for continuing to head in the direction of reducing the single use of bags.

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Recycling (Glasgow)

To ask the Scottish Executive what action it is taking to help improve rates of recycling in Glasgow. (S3O-4838)

The results being published by the Scottish Environment Protection Agency today indicate that, over the rolling year period to the end of June, the recycling and composting performance of Scottish local authorities increased to 32.2 per cent.

Glasgow's recycling rate for the same period is just over 18 per cent, so there is scope for improvement, but it is fair to say that Glasgow has come some way since 2004-05 when it was only recycling around 9 per cent. My officials are in dialogue with Glasgow to identify what further opportunities might exist to improve recycling performance and I met representatives a few months ago. Options might include the further roll-out of kerbside recyclate collections from households; the collection of a greater range of materials; and focused campaigns aimed at increasing householder participation.

My officials are scheduled to have a further meeting with Glasgow tomorrow.

The minister made the point that Glasgow's recycling rate is only 18 per cent, which is well below the national average. Given the size of Glasgow, that figure is significant, especially as the Government's target is 40 per cent, to be met by 2010.

Does the minister agree that the lack of progress on developing the Scottish Government zero-waste strategy is highly regrettable? Can he comment on the fact that, after five meetings of the Government's zero-waste strategy think tank, the last minutes indicated that the Scottish Government was to have prepared mind maps, but that they were still outstanding, and that even the mapping of public funding streams that are available to support waste management has not yet happened?

Briefly, please.

Does the minister further agree that it is time for the SNP Government to show more leadership and work more closely with local authorities to develop more levers so that the push towards vastly increased recycling rates is sharper and quicker. In particular—

Briefly, please, Mr Brown.

Does the minister have any suggestions to make on the issue of tenemental properties?

I point out to the member that, when his party was in power, there was a massive underspend in the funds that were made available to Scotland to help address this issue. I have to say that, given the number of local authorities across Scotland that are making substantial progress towards our recycling targets, I think that our local authorities should be congratulated, irrespective of the fact that there are significant challenges in Glasgow and elsewhere.

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Justice and Law Officers

While ministers are changing seats, I remind any members who have not been in the chamber during the past couple of weeks that, as their business managers will have told them, questions are expected to be short, succinct and to the point, and answers should follow suit.

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Off-sales (Licences)

To ask the Scottish Executive how many licences have been removed from off-sales for selling alcohol to people under 18 since May 2007 and how many of those have been reinstated by a sheriff. (S3O-4792)

Licensing boards cannot yet remove licences in the circumstances that Tom McCabe describes. The situation will change from September next year, when legislation that was brought in by the previous Government will give boards much wider powers to take tough action against rogue retailers. We expect boards to use those powers to complement our ambitious programme for rebalancing Scotland's relationship with alcohol.

I thank the minister for that answer but, in my experience, local government licensing boards can remove licenses from retailers who have sold alcohol to people under 18.

Under the proposals in the Sexual Offences (Scotland) Bill, if someone has been charged with having sex with a minor, that person no longer has access to certain statutory defences. Given the emphasis that the Scottish Government has, rightly, placed on the need to prevent alcohol abuse and reduce the impact that it has on our society, would the cabinet secretary consider operating similar guidelines in connection with those who sell alcohol to people under 18?

There is a significant problem, which is why we are seeking to address it. I would have thought that Mr McCabe would support the legislation that the previous Administration brought in and which we supported, because the position at the present moment is that, although licence applications can be suspended, immediate action cannot be taken by the boards. The boards can only suspend, not remove, licenses, and their decisions can be immediately appealed.

The legislation that we supported and which we inherited from the previous Administration will enable boards to take immediate action, and that is action that we will fully support.

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HMP Addiewell

To ask the Scottish Executive whether the opening of HMP Addiewell will be brought forward to help reduce current overcrowding in prisons and how soon it will be able to take its full capacity of prisoners. (S3O-4773)

HMP Addiewell will open on 12 December 2008. The opening of a new prison requires careful planning and careful, staged testing of operational provision. The staging of the opening of HMP Addiewell has been planned over the past three years. In order to preserve both public safety and operational stability, it is important to adhere to that plan. Precipitous opening would jeopardise that.

The prison will take its full capacity of 700 prisoners by early March 2009.

Will the minister explain why he has ruled out any expansion of HMP Kilmarnock? Will he undertake to consider all the options for expanding the prison estate, such as the possible expansion of Kilmarnock prison that was reported in today's Scotsman? Will he give that priority over the rebuilding of HMP Greenock and HMP Inverness, which, although welcome, might not increase capacity? Will he publish the details of any proposed expansion of Kilmarnock?

If Ms Brankin wishes to increase prison capacity beyond the aims of this Government, I look forward to her telling us what elements of public expenditure she wishes to cut. Prisons are not cost free; they come at a significant cost to the public purse, and, if we build prisons, we cannot provide schools, houses and hospitals.

I reiterate that this Government is committed to the opening of HMP Addiewell. We will then, through the public sector, build the new HMP Bishopbriggs and HMP Grampian, and commence site searches for HMP Inverclyde and HMP Highland. If Ms Brankin wishes us to build beyond that, she should tell us what cuts she would make. We want to look after our pensioners rather than pander to our prisoners.

Does the cabinet secretary share my concerns that talk of opening HMP Addiewell early, which has continued for some weeks, is both irresponsible and anxiety-provoking for my constituents, many of whom initially opposed the prison? The Scottish Prison Service has worked long and hard with the community to reassure people that the opening of a prison is a well-planned and well-tested process. The phrase that comes to mind is, "Marry in haste; repent at leisure."

I said in my initial response that it would be precipitous to bring forward the opening earlier than had been arranged or is actually possible.

The editorial in The Scotsman to which Rhona Brankin referred made it clear that public sector prisons scored higher than private sector prisons on public safety and security. The Government believes that the paramount role of a prison is to provide safety and security for our communities rather than to pander to private profit. We will not put private profit before public security, and that is why we will neither bring forward the opening date nor undermine the important role that the public sector plays in running prisons.

Given that opening HMP Addiewell ahead of schedule is probably not a viable option, does the cabinet secretary recognise that what he says today is inconsistent? There is a problem, which he should be exploring every way of resolving, and the most obvious solution that is facing him at the moment is to extend the existing facilities at HMP Bowhouse in Kilmarnock.

The possible extension at Kilmarnock would be limited and extremely costly. We are committing to public sector prisons in Bishopbriggs and in Grampian, and we are site-searching in Inverclyde and Highland. Mr Aitken has written to me to suggest that we should consider the use of the Royal Air Force bases at Machrihanish and Edzell. That idea has understandably been treated with some disdain by local members. Planning applications, security and barbed wire would be needed. The idea might have worked in a second world war movie, but it will not work in 21st century Scotland.

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Kirkwall Sheriff Court

To ask the Scottish Executive whether it considers the Kirkwall sheriff court building to be fit for purpose. (S3O-4841)

Kirkwall sheriff court was completed in 1877 and has undergone numerous renovations, most recently in 1996. It is an old building but it serves its purpose, being suitable and sufficient for the volume of business that is conducted at that location. A balance needs to be struck between the resources that are spent on Kirkwall and the need for improvement across the wider Scottish Court Service estate.

The cabinet secretary will be aware of correspondence from me over recent months that raises serious concerns about access to and space constraints in Kirkwall sheriff court. I have been told of occasions when meetings have taken place in a toilet next to a detention cell, due to the lack of available rooms for meetings and interviews.

Can the cabinet secretary indicate the specific findings of the most recent quarterly assessment by the Scottish Court Service's property specialist? Can he outline what feedback SCS has had from local court users in relation to those findings? Does he accept that a court building that is neither accessible nor equipped with sufficient meeting rooms cannot be considered fit for purpose?

I do not have information regarding the most recent assessment, but I am happy to write to Mr McArthur about the matter. I can confirm that ramps are available to facilitate access to the disability legislation-compliant counter and the disabled toilet on the ground floor. The courtroom on the first floor has sound enhancement and hearing loops for the hearing impaired. In addition, local arrangements are in place to house the court in council facilities on the limited number of occasions when a specific mobility requirement cannot be met.

We accept that, in some instances, people who come to court in whatever capacity will have some difficulties, and the Scottish Court Service is addressing those. We need the right balance between the public purse and the ability to provide services. Mr McArthur might be suggesting that we have a new building at great cost, but I believe that the action that the Scottish Court Service is taking is appropriate for the current volume of users, and it appears to have been acceptable to previous incumbents of the post of Minister for Justice, including the member who represented Orkney before Mr McArthur did.

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Summary Justice Reforms

To ask the Scottish Executive what plans it has to monitor and analyse the effectiveness of the summary justice reforms. (S3O-4765)

We have put in place a comprehensive programme of detailed monitoring and evaluation to ensure that we can monitor the impact of the summary justice reforms. The initial data are encouraging, and we are seeing early resolution of summary prosecutions. In July, more than 2,000 witnesses were spared being called to court and more than 1,000 police officers were released from court paperwork and appearances to do other work. Clearly, we must continue to monitor the impact of the reforms to ensure the maximum benefit for all those who come into contact with our criminal justice system.

In the first three months of the reform, April to June this year, the number of people who got a direct measure for assault doubled. Will the figures for assault from July onwards tell the same or a different story?

The Lord Advocate informs me that the number of those who were involved in assault was only a small proportion. Like many common-law offences, assault is a wide category. A charge of breach of the peace, which is often welcomed by the police as their best weapon, can cover everything from an extremely serious offence to a minor matter. Equally, assault can cover a variety of offences, ranging from the serious to the minor.

Clearly, we cannot have a serious assault being dealt with in the way that I have described. We have had an undertaking from the Crown Office that, if any errors have been made, it will investigate them. The public can be assured that assault, per se, will be treated seriously and that any serious assault will not be countenanced. Nevertheless, there are instances—both for breach of the peace and assault—when the offence is relatively trivial or minor and it is appropriate for us to free up the witnesses and our police officers. The police should be out there, protecting our community, not reading newspapers while they wait for trials that never take place.

There is consensus on the issue of the reform of summary justice, and debate has taken place over how the new system is being deployed. Has the cabinet secretary received any preliminary results from the forthcoming review by the Inspectorate of Prosecution in Scotland of the operation of fiscal fines? When will the Government's response to that report come before Parliament?

Those matters are under discussion. We receive information from the Crown Office, the police and all those who are involved, and in due course we will advise members about when the matter will come before Parliament. We continue to be kept appraised of the views of members, the public and all those who are involved. Information is being provided, but we must collate that information over a reasonable period to ensure that we get a broad snapshot, not a view based on a one-off occasion.

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Criminal Justice Services<br />(Voluntary Sector Cuts)

To ask the Scottish Executive what monitoring it is carrying out of the impact of voluntary sector cuts on criminal justice services. (S3O-4799)

The Government is strongly committed to a robust voluntary sector delivering services that meet local need. The voluntary sector provides a range of services to the justice system, from Women's Royal Voluntary Service facilities at courts to criminal justice social work services for offenders who are serving sentences in the community and support for victims. The Government does not routinely monitor the voluntary sector's share of the spend.

To ensure that the voluntary sector is fully engaged in the development of single outcome agreements with community planning partnerships, we are taking part in a task group with local authorities and the voluntary sector.

I thank the cabinet secretary for his reply, although I am not sure that it referred to any monitoring.

The Scottish Government welcomed the Scottish Prison Commission's report, including the options for alternatives to custody. How are such options to be delivered if voluntary sector organisations such as Sacro, which deliver the programmes, are experiencing cuts to their budgets that are resulting in their—I quote—"withdrawing valuable services"? When will the cabinet secretary meet the voluntary sector criminal justice strategy group to discuss those cuts?

I do not know to what cuts the member refers. I meet voluntary sector bodies on a variety of issues. The Government is delivering section 10 funding of £874,563 to support the head office operations of Apex Scotland, Sacro, Families Outside and Action for Children Scotland. We are also providing ring-fenced funding to the community justice authorities, and we committed to £1 million in additional expenditure for those authorities a few weeks ago.

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Fire-related Deaths

To ask the Scottish Government what action it is taking to help to reduce fire-related deaths. (S3O-4826)

Any death from fire is a tragedy. I recognise the vital work of our fire and rescue services across Scotland, particularly on fire safety and prevention. There has been a long-term declining trend in fire deaths. However, the recent increases in fire fatalities and injuries clearly show that more needs to be done.

In response, with the support of the Convention of Scottish Local Authorities, I announced the establishment of a short-life working study, which will be chaired by Brian Sweeney—the chief officer of Strathclyde Fire and Rescue—to examine how fire deaths and injuries can be reduced in Scotland. Mr Sweeney will work with a small group of core staff, including representatives from Scottish resilience, which will consult widely with all stakeholders who have views and ideas to offer.

I am sure that the minister shares my concern about the figures in the fire services inspectorate's recent annual report, which reveals a 62 per cent increase in fire-related deaths and a 23 per cent increase in injuries related to fire incidents and also confirms that three firefighters lost their lives in the course of their duty last year.

Will the minister ensure that the working group that he has established under COSLA gives open consideration to the possibility of greater use of domestic fire sprinkler systems, which international experience demonstrates have an important part to play in reducing fire-related deaths?

The study will be chaired by Brian Sweeney. COSLA supports the initiative.

Michael Matheson has pursued the issue of fire sprinklers diligently. His previous work led to the introduction of a mandatory standard for the installation of sprinklers in shopping centres, residential care buildings, high-rise domestic buildings and sheltered housing complexes. However, we want to do more. Scottish ministers are currently considering proposals for amending the regulations through a major review by the Building Standards Advisory Committee. Briefly, the review will consider new standards and guidance for the introduction of sprinklers and automatic fire suppression systems in schools. I would very much welcome any other contributions from members of all parties on this vital issue, which Michael Matheson has campaigned on with diligence and tenacity over many years, as it is an issue of concern to members of all parties.

As the minister may be aware, cigarettes or other tobacco products were responsible for 30 of the 76 fatal fires in Scotland in 2004. I am sure that the Parliament welcomes the European Commission's decision to introduce proposals that will ban traditional cigarettes by 2010 and force smokers to buy fire-safe cigarettes. What discussions has the he had with his colleagues in Westminster to raise public awareness about that?

Plainly, public awareness of the risks of death through fire is being pursued by this Government and our counterparts in Westminster as it was by our predecessors. On the example that the member mentioned, certainly the message should be sent out to everyone about the risks of fire from cigarettes when smokers fall asleep and also from the abuse of alcohol, which, I am sad to say, is the cause of a great many fire deaths in our country.

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Rape Trials (Sexual History Questioning)

To ask the Scottish Executive what action it will take to prevent intrusive and humiliating questioning of women on their sexual histories in the course of rape trials. (S3O-4775)

All those working in the justice system must play their part in ensuring that the law is made to work to protect victims from unnecessary questioning about their sexual history and the right of the accused to a fair trial. For our part, following our review of the investigation and prosecution of rape and serious sexual offences, the Crown Office and Procurator Fiscal Service has provided comprehensive new guidance and training on the issue to all prosecutors.

Is the Lord Advocate concerned about the increasing use of sexual history and character evidence in rape trials, as highlighted in a report to the Scottish Government in September 2007? Does she share the concerns of Rape Crisis Scotland, which states, in its written submission on the Sexual Offences (Scotland) Bill, that such questioning

"adds to the distress experienced by complainers, … is potentially highly prejudicial for juries and … acts as a deterrent to women coming forward to report rape in the first place"?

Can she tell us what the Government will do about that? Can she also tell us when the guidance to which she referred was issued?

There is no doubt that the prospect of giving evidence in any context in a sexual offence trial is traumatic. The prospect of being questioned on sexual history and character adds to that. Unfortunately, there is no question of there being an absolute bar on questioning of sexual history and character.

There is also no doubt that the legislation that has been brought in is an attempt to achieve, as far as is possible, the exclusion of collateral and irrelevant matters. The court has to balance the rights of the victim under article 8 of the European convention on human rights against the rights of the accused under article 6. That balance will depend on the facts of the particular trial.

Since the commencement of the legislation there is no doubt that the defence has become much more focused on these issues than it had been hitherto. That is part of a general increase in the litigiousness of the defence in the way in which it approaches trials. During the early days of the legislation, jurisprudence was developing and there was a degree of uncertainty about what was happening at the coalface in such cases. Since then, decisions from the appeal court and the Privy Council have given greater certainty as to the interpretation of the legislation. However, it is ultimately for the judge to decide whether an issue is specific to the trial, whether it is significant and relevant and whether it has significant probative value. That is a test for the court; the Crown has to apply it. Training means that it will be applied in an extremely consistent way that ensures that a robust approach is taken by prosecutors.

The review related to an earlier period, shortly after the legislation was commenced. However, there is no panacea. We cannot give a guarantee to the victims of such crimes that they will not be questioned about their sexual history. That makes it difficult for prosecutors, and difficult for victims when choosing to come forward into what is already an adversarial and difficult process. There is no immediate resolution—no quick fix—in any jurisdiction.

The guidance was issued to all prosecutors as part of the training that is taking place as a result of the review. It is now being implemented and is almost complete.