SCOTTISH EXECUTIVE
Rural Affairs and the Environment
Good afternoon. The first item of business this afternoon is themed questions on rural affairs and the environment.
Sites of Special Scientific Interest
To ask the Scottish Executive how many sites of special scientific interest there are and how many similar sites are undesignated. (S3O-1586)
Mr Lochhead is of course in Brussels—as he is for much of the time at present—and I am therefore here representing his, as well as my, interests.
The minister will be aware that Menie Links, in respect of which an application for development has become controversial in a number of ways, is one example of a site of special scientific interest that has become threatened. Will he confirm that Scotland's rich diversity of habitats means that there are a large number of similar sites across Scotland and that, consequently, we can afford to take a reasonable, balanced view as to the priorities of the environment against economic development?
I do not think that I should be drawn on the issue of Menie Links and the SSSI. It is well known that SNH is a statutory consultee in such processes.
Marine Science Scotland
To ask the Scottish Executive what plans it has to meet representatives of Marine Science Scotland. (S3O-1611)
We have received a request for a meeting, and we are considering our response.
Does the Scottish Government agree that if Scotland is to have a powerful and credible voice on fisheries policy, it should do all that it can to promote the breadth and quality of its scientific expertise in that area?
I agree with Mr Wilson. The Government has invested in a new fisheries research vessel, costing £4 million, which will come into service at the end of this year. It will further increase the breadth and quality of fisheries research in Scotland.
Organic Food
To ask the Scottish Executive what support it is providing for organic food production. (S3O-1657)
The Scottish Executive will support organic production under the Scottish rural development programme through land-based payments for farmers who wish to convert to organics or to maintain organic farming methods.
Is the minister concerned that the Food Standards Agency currently believes that scientific evidence does not support the view that organically produced food is more beneficial than other food? Can he assure Parliament that the Scottish Government will do more to support organic produce, given that the European Union-funded quality low-input food study showed that there were substantial benefits from organic produce?
We believe that organic farming plays a valuable role in helping to protect and enhance the environment and contributes to Scotland's reputation for high-quality produce grown in an environmentally friendly way. During the summer, I was a guest on a number of organic farms where I saw the very high-quality work that is being done. We recognise that there is a growing trend among consumers to seek out organic food. Organic food will definitely be part of our national food policy.
Question 4 has been withdrawn.
Slow Food
To ask the Scottish Executive what support it is giving to the slow food movement. (S3O-1578)
I am grateful for the question because the Scottish Government is enthusiastic—if one can be enthusiastic in a slow way—about the slow food events that are being held. Indeed, the Scottish Government sponsored and was represented at a slow food event in Edinburgh last month, which Margo MacDonald will know about. We hope that the slow food movement, which started in Italy and has expanded, no doubt slowly, across the continent, will contribute to the forthcoming discussion on the national food policy for Scotland. The quality of the food in the national food policy will be influenced by the same type of ideas as lie behind the slow food movement.
I thank the minister for the slow way that he spoke, because I really understood that.
I hope that my presence here is not merely as a stand-in but as an enthusiast for slow food.
Perth has been granted Cittaslow status—it was given the designation in March 2007. It is part of the job of any city that is given that status to help to publicise the whole movement. Will the minister therefore join me in looking forward to the event that will take place in Parliament in the spring, sponsored by Perth and Kinross Council among others, to help that publicity? I invite the minister to Perth to see the benefits of Cittaslow status. Indeed, I open that invitation to all other members, including you, Presiding Officer. The benefits of Cittaslow status become evident when you visit Perth.
I am grateful for the invitation, which I would be happy to take up.
The minister will be aware that the slow food movement communities and others were dismayed by the Government's announcement last week that the Scottish rural development programme has been put on hold. In light of the implications for the crucial less favoured areas, where much of the slow food is grown, will the minister give an assurance that the Government is prepared to make payments on an at-risk basis, if required?
I am not sure that that was entirely within the context of the question, but I will leave it to the minister to decide how to respond.
It was a creative approach to the question, but I recognise the member's concern and it is a serious point.
Loch Long Way
To ask the Scottish Executive whether it will support the development of a new recreational route, the Loch Long way. (S3O-1629)
The Government continues to support all initiatives that encourage recreation and enjoyment of the outdoors—indeed, we debated one of those yesterday in this chamber. It is a matter for the relevant authorities to determine what priority to give to funding for new projects in the light of their other commitments and responsibilities.
The minister will of course be aware of the west highland way on the east side of Loch Lomond, but I am talking about a proposed new footpath to the west of Loch Lomond which, I am sure everyone agrees, is a truly wonderful new tourism opportunity.
I look forward to speaking to a number of people who are involved in the project, following the arrangement that has been made by the member, and discussing the issue with them.
The minister will know my enthusiasm for a potential all-Scotland coastal path. Does he agree that developments on the coast, such as the one that Jackie Baillie asked about, and other existing developments, would benefit substantially if they were marketed not only in their own right but as part of the embryonic future all-Scotland coastal path? Does he also agree that there needs to be some national co-ordination if such a scheme is to proceed?
I am aware of the member's interest in this matter. Indeed, he was present last night at the launch of a reproduction of Roy's maps of Scotland, the great military maps of 200 years ago that demonstrate how diverse this country is and show that the best route from A to B is not always a direct line but, sometimes, around the coast.
Freshwater Fisheries (Strategic Framework)
To ask the Scottish Executive whether it is satisfied with the level of responses to its consultation on a strategic framework for freshwater fisheries. (S3O-1602)
The Scottish Government is facilitating consultation on the strategic framework for Scottish freshwater fisheries on behalf of the members of the freshwater fisheries forum steering group. The consultation is on-going, and its closing date is 4 January 2008. Views have been sought from all interests throughout Scotland. In addition to publishing the consultation document, a number of public consultation events have been held around the country.
I draw to the minister's attention the concerns of those involved in angling in Scotland, particularly those who are not members of local angling clubs or national angling groups, that the views of such organisations on protection orders might not be shared by independent anglers. The reason for that is that many angling clubs have protection orders on portions of water that they have the rights to. Can the minister assure me that the responses to the consultation that he receives from individual anglers will be given equal weight to those of the national and local angling clubs that make representations on the operation of protection orders?
It has been a comprehensive consultation exercise. To maximise coverage, consultation events were organised at Hampden and in Ayr, Stirling, Peebles, Aberdeen and Dingwall. There was a press launch and there is material on the Government website. More than 1,000 printed copies of the consultation document were distributed to interested parties; member organisations of the freshwater fisheries forum also undertook to make it known to their members. Drop-in surgeries were held, and those surgeries were brought to people's attention so that they could take part.
NFU Scotland (Meetings)
To ask the Scottish Executive when it last met representatives of NFU Scotland and what issues were discussed. (S3O-1587)
Both the Cabinet Secretary for Rural Affairs and the Environment and I meet NFU Scotland on a regular basis, as do our officials. At those meetings, we discuss a wide range of current issues that affect farmers in Scotland.
The minister will be aware of the deep-seated concern in the NFU and among farmers throughout Scotland about the impending regulations on nitrate vulnerable zones. Can the minister assure us that the implementation period for the regulations will be as lengthy as possible? Can he spell out exactly what aid he will make available to farmers to meet the costs of these particularly burdensome regulations?
This is a serious matter, and I take seriously what the member has said. Recently, the cabinet secretary met Jim McLaren, the president of NFU Scotland, to discuss the revision of the Scottish action programme for NVZs; I have had a similar conversation.
Question 9 was not lodged.
Ship-to-ship Oil Transfers (Firth of Forth)
To ask the Scottish Executive what recent discussions it has had with the UK Government on proposed ship-to-ship oil transfers in the Firth of Forth. (S3O-1664)
The Scottish Government has been in continuing discussions with the UK Government on the matter. Most recently, the Cabinet Secretary for Rural Affairs and the Environment wrote to Ruth Kelly to express concerns about threats to the environment in the Forth that arise from the proposals and to make the case for her to use the powers that are available under the Merchant Shipping Act 1995 to address the environmental hazards that are inevitably associated with such transfers.
I thank the minister for that useful update. He will be aware that Mark Lazarowicz MP has introduced the Environmental Protection (Transfers at Sea) Bill at Westminster. The bill, which is backed by the Royal Society for the Protection of Birds, is designed to give further protection to the marine environment. Does the minister agree that, given the particular Scottish perspective on the issue, it may be useful for his officials to consider the measures in the bill and to feed any relevant concerns and issues into the wider consultation process?
I would be happy to accede to the member's request. The Scottish Government supports the aim of Mark Lazarowicz's bill in the UK Parliament. The Scottish Parliament has made its position on the proposals for the Firth of Forth absolutely clear and we have urged the UK Government to take action. Concerns are expressed well at Westminster and I ask Scottish members of Parliament of all political parties to vote in support of the bill. However, the solution lies in transferring the appropriate powers for control or regulation of ship-to-ship transfers from Westminster to Holyrood.
The minister supports Mark Lazarowicz's bill in principle, but does he agree that a far quicker route would be for the Westminster Government to bring forward the draft regulations on which it said it does not intend to consult before 2008? If the regulations were consulted on quickly, the Westminster Government could put the necessary legislation in place and we would not have to rely on a private member's bill.
I made it clear in my first answer to Mr Park that we have made a strong case to Ruth Kelly that she should use the powers that are available under the Merchant Shipping Act 1995 to address the environmental hazards associated with transfers. The Scottish Parliament has spoken clearly about what it wants to happen and has taken the steps that it can take, which is entirely proper. I strongly believe that Westminster should have acted in the way that we requested. Like Ms Marwick, I am somewhat mystified that, so far, it has refused to do so.
Justice and Law Officers
Antisocial Driving (Residential Areas)
To ask the Scottish Government what remedies are available to deal with persistent and noisy driving of vehicles in residential areas. (S3O-1577)
I fully understand the concern in local communities about antisocial driving. A number of remedies are available, including the power to seize vehicles under antisocial behaviour legislation. In addition, police forces have powers to address excessive noise caused by defective or modified exhausts.
I am glad that the minister appreciates the annoyance that people in many residential areas suffer as a result of the behaviour of boy racers—as I suppose we might call them—who often are not committing a statutory offence. Can the minister say whether the simple charge of breach of the peace might be appropriate in such cases? If so, will he encourage the police and procurators fiscal to make more use of that remedy?
Mr Morgan touches on a difficulty that the police face in protecting communities from the driving of vehicles in a way that causes excessive noise. The issue has been the subject of discussions between Dumfries and Galloway Constabulary and the procurator fiscal, and I am aware that the fiscal recently met Mr Morgan.
Does the minister agree that it is also antisocial and unacceptable that taxi drivers blast their horns in residential areas at all hours of the day and night? Can he advise on the remedies that are available to tackle the problem? Will the issue be included in the review that he mentioned?
The same general provisions apply to the issue that Elaine Smith raises, which might well cause considerable inconvenience to many people, especially during the hours of darkness, when they are trying to get to sleep so that they can go to work the next day. That is precisely why I specifically directed that the antisocial behaviour review, which is under way, should include the issue. I am delighted that the Convention of Scottish Local Authorities, the police and all other stakeholders are working with us towards that end.
Is the minister aware of the successful use of dispersal orders under the Antisocial Behaviour etc (Scotland) Act 2004 to deal with the antisocial behaviour of drivers on the Beach Boulevard in Aberdeen and, more recently, the use of antisocial behaviour orders in collaboration with the local authority? Will he commend that successful use of the legislation to police forces and local authorities elsewhere in Scotland?
Lewis Macdonald makes an excellent point, for which I commend him and his positive approach to the matter. Dispersal orders have a role to play, as do the powers to seize vehicles in certain circumstances. I praise the pioneering work that was done initially in a pilot by Chief Constable John Vine in Tayside, which was recently rolled out throughout Scotland. Vehicle seizure is a successful and effective tool, but it can be applied only where there is a basis for an antisocial behaviour order, which requires an antisocial behaviour element to the offence, and a breach of the road traffic law. That is precisely why we are looking at the issue again. It might be that we need to do even more to protect communities from excessive noise and disturbance.
Procurators Fiscal (Industrial Action)
To ask the Scottish Executive what steps it is taking to avert industrial action by procurators fiscal. (S3O-1635)
Senior management are continuing to work with the FDA, the trade union that represents the legal staff of the Crown Office and Procurator Fiscal Service, on the pay and grading review that it requested. Fiscals have a long tradition of public service, and I hope that industrial action can be averted.
Does the Scottish Government agree that lawyers in the Crown Office and Procurator Fiscal Service are paid less than other lawyers at equivalent grade in the Scottish Government? Does it agree that management accepted that there is a shortfall and undertook to address it some time ago? Does it also agree that, as a result of the problem not yet being resolved, there is a problem with staff recruitment and retention in the service? What action has the Scottish Government taken to resolve that worrying dispute? Will it meet at the highest level union leaders to try to resolve the issue before industrial action begins?
I will make a number of points. Law officers, the Crown Agent, senior management of the Crown Office and Procurator Fiscal Service and, I hope, the Parliament and the Scottish public recognise the contribution that Scotland's procurators fiscal make. Their job is demanding. I am very familiar with that, having been a procurator fiscal for more than 20 years. They play a crucial role in the criminal justice process and they have a long and distinguished history of public service.
I am grateful for the Solicitor General's comments but, as a former procurator fiscal depute and former member of the FDA, I know that the ability of the Procurator Fiscal Service to operate in a competitive staff environment is vital. Does the Solicitor General agree that it is necessary to attract good-quality applicants to the Procurator Fiscal Service and to retain them if the justice system is to work adequately and to a high standard? Is the pay discrepancy with other public sector legal staff unhelpful? Will he take a personal interest in trying to resolve this serious dispute, albeit against the background of the observations that he has just made?
I agree on the need to recruit high-quality legal staff to work in the Procurator Fiscal Service. I can inform the Parliament that the turnover of legal staff in the service remains low, at less than 4 per cent. Vacancies attract an average of 34 applications and much larger numbers apply for trainee posts.
The fact that the Solicitor General has come fairly late on the scene to this difficulty may inhibit his response, but is he aware that the matter has been outstanding for between five and six years? The difficulties should really have been resolved before now. Will he give an undertaking to the Parliament that everything possible will be done to expedite the outcome of the review and to take the appropriate action that the review decides is necessary?
Bill Aitken makes reference to the 2002 Hay Group report, which identified several comparators for fiscals, such as Scottish Government lawyers and Crown Prosecution Service lawyers. However, the existence of a comparator does not necessarily mean that the pay scales in different organisations for staff who perform different jobs must be identical. No perfect comparator exists, although the pay and grading review is considering the issue and will take it into account. It would be inappropriate at this stage to second-guess the conclusions and recommendations of the pay and grading review, but I will say that the senior management—and, in due course, the law officers, when the matter is reported to us—will take due account of those and act accordingly, having regard to the information provided.
I will allow a final supplementary on the question from Tom McCabe.
Like many other members, I have received representations from constituents who work in the service. I am encouraged by some of what the Solicitor General has said. It is important to stress that prosecution lawyers play a vital part in our prosecution system. If they are successful and valued in their work, they bolster confidence in the justice system. I fully realise that pay and grading systems have many anomalies, but can the Solicitor General assure us that he will do all that he can to address the issue? I understand that a pay and grading review is on-going but, to be fair, many such reviews have happened in the past without rectifying the anomaly.
The pay and grading review was set up at the request of the unions to consider the matter. As part of its work, the review will look at comparators with other public sector lawyers. While re-emphasising that it is not appropriate at this stage to second-guess the recommendations and conclusions of the review, I will say that due account will be taken of those both by the unions and by senior management in the Crown Office and Procurator Fiscal Service. Once the review has been carried out, the dialogue and negotiations will continue.
Corporate Manslaughter (Legislation)
To ask the Scottish Government whether it has any plans to review the legislation on corporate manslaughter. (S3O-1600)
Our immediate priority is to ensure the successful implementation of the Corporate Manslaughter and Corporate Homicide Act 2007, which was brought in by the UK Government and comes into force in April 2008. The act sends a robust message to organisations that failure to meet their duty of care to employees and the public will not be tolerated.
Can the cabinet secretary explain how the concerns of victims, families and trade unions over the apparent lack of individual responsibility have been and will be addressed?
We recognise that a majority on the expert group on corporate homicide considered that there should be a secondary offence for individual directors or senior managers whose actions or omissions significantly contribute to the new corporate killing offence. However, we also recognise that the 2007 act does not provide for such an offence. We will therefore monitor the act. Equally, it is fair to say that the opportunity remains for people who carry out such acts, or who fail to carry out such acts, to be prosecuted by way of a culpable homicide offence under common law or other statutory offences under the health and safety at work regulations.
Unfortunately, few prosecutions have been brought on the grounds that the cabinet secretary outlined. The forthcoming public inquiry into the Stockline disaster may provide an opportunity to test the efficacy of the provisions under the current legislation and highlight areas that require to be strengthened.
It would be inappropriate for me to speculate on the outcome of the Stockline inquiry. Clearly, as a Government, we are glad that we could progress the matter expeditiously. The Lord Advocate has commented at length on the matters that are involved. Obviously, I am happy to meet members whenever I can, subject to diary commitments.
Pleural Plaques (Planned Legislation)
To ask the Scottish Executive what the timetable is for its planned legislation to reverse the House of Lords judgment of 17 October 2007 on pleural plaques. (S3O-1617)
On 29 November 2007, we announced our decision to introduce a bill to reverse the House of Lords judgment of 17 October on pleural plaques. We also announced that the provisions of the bill would take effect from the date of the judgment.
I am grateful to the cabinet secretary for that detailed answer and the announcement on the new legislation. Clearly, there are implications for current actions that are in court. What is his guidance on that, including on any time bar that may have to be dealt with? As he said, the new provisions will take effect from the date of the judgment. Has he had discussions with UK Government ministers on the potential for similar legislation at Westminster? Obviously, as many Scottish claimants worked in England, their cause of action arises there.
We have been advised that the UK Government's position is that it is not prepared to legislate to address the anomaly that we believe the House of Lords judgment has raised. Our position is simple: we seek to continue with the situation that has applied in Scotland for 20 years. Obviously, I cannot comment on the situation south of the border: that is a matter for the UK Government. If UK Government ministers wish to discuss the matter, we will be happy to do so. Clearly, as Mr Brown knows, our taking action is a virtue of devolution.
Antisocial Behaviour
To ask the Scottish Executive what its priorities are in tackling antisocial behaviour. (S3O-1650)
The Government is committed to tackling antisocial behaviour. We would like more emphasis to be placed on prevention and earlier intervention. In particular, we would like our young people to be provided with more positive opportunities that help to instil a sense of personal and collective responsibility.
Who could possibly disagree with that? Indeed, in my constituency, the local housing association, along with others, funded a significant play facility for young people for precisely the reason that the minister identified. However, does the minister agree that, along with prevention, he must reassure my constituents and others that enforcement action against antisocial behaviour will remain a priority, given, for example, that the play area that I mentioned has been trashed and young people now have no access to it? Will the minister outline how he plans to engage with local communities and say whom he has met and whom he plans to meet in his review of antisocial behaviour policy? Will the reports of the meetings be available for public consideration?
I am pleased to provide Johann Lamont with the absolute assurance that we take very seriously the need to take appropriate and effective action on enforcement. On consultation, I recently addressed a conference of community safety partnership representatives in Edinburgh and a conference of community wardens in Dunblane. I am happy to meet members who have a particular point to make. However, I suggest to Johann Lamont that we all want to work together to build consensus and to provide our young people—a very small minority of whom cause problems—with more choices and chances, so that we prevent them from undertaking criminal activity and lead them towards a more productive life, rather than simply hand out bits of paper called antisocial behaviour orders, which plainly do not get to the root cause of the problem.