Constitution, External Affairs and Culture, and Parliamentary Business
Good afternoon. The first item of business is portfolio questions, and the first portfolio is constitution, external affairs and culture, and parliamentary business.
I advise members that there is a lot of interest in asking supplementary questions. There is next to no time available across the afternoon, so supplementary questions will need to be brief, as will the answers.
Live Music Industry
To ask the Scottish Government what assessment it has made of Scotland participating in a United Kingdom-wide fan-led review of the live music industry, in light of the recent UK-wide survey of the industry. (S6O-04640)
Live music is a subject that many of us in the chamber and across the country feel very passionate about. It adds value to our economy and to Scotland’s global cultural reputation. The Scottish Government will listen carefully to the findings of any fan-led review, as those would provide valuable insights to inform our continuing work with partners to help the sector to flourish.
Although some review issues such as dynamic ticket pricing and VAT rates are reserved, our latest budget already addresses some of the financial challenges that the sector faces. In 2025-26, 40 per cent relief is being offered to hospitality premises, including grass-roots music venues with a capacity of up to 1,500 people and a rateable value of up to and including £51,000. That relief is capped at £110,000 per business.
The fan-led survey announced that fans want action on venue closures, ticketing and audience safety, and that they want further support for grass-roots music venues. Not surprisingly, 93 per cent of fans agreed that there should be a £1 ticket levy on arena and stadium live-music events to fund grass-roots venues. Further, 85 per cent of fans believe that there should be a restriction on new residents filing noise complaints near existing venues. That is an old issue, and it is one that impacts my Glasgow region in relation to Barrowlands and King Tut’s.
Will the cabinet secretary set out which issues raised in the survey, including the ticket levy, the Government can support? I agree that Scottish people love their live music, and it would be good for the Government to be seen to be active in delivering such support.
I assure Pauline McNeill that issues that have been part of public discourse for a while, such as the ticket levy, have been the subject of direct conversations that I have had with the Music Venue Trust and the wider sector.
We keep the matter under review. As I have said to the Scottish Green Party’s Patrick Harvie and Mark Ruskell—who regularly raises the issue—and to others, it is under active consideration. I am happy to look more closely at the other areas that the survey highlights, and to reply to Pauline McNeill. We have a shared interest in making sure that live music thrives. If there is anything that the Government can do more of, less of or differently to support the sector, I am keen that we do that.
Music venues, particularly larger ones, are under unprecedented financial pressure at present. I know that the Music Venue Trust is writing to the cabinet secretary on the rates issue, although he might not have received that letter yet. If the Scottish Government is not prepared to reconsider its stance on business rates, what additional support can it give to the sector, which is being squeezed in a difficult way?
I will look closely at the letter that is being sent on the subject, which is one that I take seriously. Murdo Fraser knows that, as long as I have been in office, I have been committed to changing the foundations of the way in which the culture sector is supported financially in Scotland. This year, we have been able to make a massive step change with the introduction of multi-annual funding, which directly and indirectly impacts on a lot of venues.
I have no doubt that there are other issues that should be considered and I am content to consider them. Murdo Fraser has made a number of suggestions that would entail more Government spending. I note, without wanting to be too prickly on the subject, that he voted against the record rise in spending for culture in Scotland. Nevertheless, I will give him another chance. If he has suggestions about financial interventions and where the money can be found, I would be happy to look at those.
Live Borders
To ask the Scottish Government what its response is to the recent report by Scottish Borders Council on the future of Live Borders, regarding any impact on cultural services, community engagement and libraries across the Borders. (S6O-04641)
We value culture in all its forms, which is why we increased the culture budget by a record £34 million in 2025-26. Creative Scotland is engaged with Scottish Borders Council through the Scottish Borders place partnership on developing a Scottish Borders culture strategy.
Creative Scotland supports Alchemy Film & Arts, which will receive a total of £881,250 in multiyear funding between 2025 and 2028. In 2024-25, Scottish Borders schools received £221,861 via the youth music initiative.
Of course, decisions on local culture policy lie with local authorities, and I urge Scottish Borders Council to continue working with local communities to ensure that they receive the services that they deserve.
The report recommends the closure of key local facilities, including Coldstream museum, Eyemouth community centre, Jedburgh swimming pool, Abbey Row community centre in Kelso, Selkirk leisure centre and other important facilities. Service usage patterns have changed and running costs are high, but the Scottish National Party has reduced funding to local authorities, and Labour’s national insurance rise has put a strain on SBC resources. I urge the Scottish Government to consider a longer-term strategy that will ensure equity in rural areas for the people who rely on those vital services.
To correct the record, spending for local authorities is going up under the SNP’s budget, which Rachael Hamilton voted against.
Specifically on facilities, I draw Rachael Hamilton’s attention to libraries, although I am happy to talk about other issues in correspondence. We believe that everybody should have access to library services. That is why we have asked the Scottish Library and Information Council to put together a short-life advisory group to explore what good-quality public library services look like and make recommendations on the mechanisms for ensuring that a standard level of service is delivered across Scotland, with an approach that strives for excellence and creates a benchmark for quality. The group is expected to commence work soon. I urge her to feed into that process.
Up-and-coming Artists (Concerts)
To ask the Scottish Government how it is working with the music sector to enable up-and-coming artists to hold concerts in Scotland. (S6O-04642)
The Scottish Government and our partners continue to work with the music sector, recognising that music is an integral part of what makes Scotland the perfect stage. Music is often offered as one strand of events and festivals, which provide a platform both for up-and-coming bands to perform and for the hospitality sector. VisitScotland continues to grow the market and increase demand for all genres by regularly promoting through its channels events and festivals across the country as part of the rich year-round programme that Scotland offers. Events and festivals that host music can apply for grants through EventScotland’s national and international grant programmes, and there are opportunities for learning and development through its events industry development programme of activities.
A young DJ recently told BBC Scotland that he is concerned that the rising cost of going to gigs will stop people being energised by music and that priority is being given to artists from more affluent backgrounds. Will the cabinet secretary outline what action the Scottish Government is taking to enable artists from all backgrounds to thrive at this time in particular, as we approach the important festival season?
One initiative in this year’s budget is to look at the establishment of a Scottish exports office for culture. I am sure that Jeremy Balfour will agree that one of the great opportunities for young up-and-coming artists across genres is that they have not only the ability to perform here but the ability to travel and perform internationally. I am very keen to support that specific area.
I draw Jeremy Balfour’s attention to other initiatives that are promoted and funded through Creative Scotland and which help to showcase young and up-and-coming talent. I am happy to forward some information to him on that. If he believes that anything should be done in addition to what is already taking place, I will be very interested to hear his suggestions. I agree with him that we want the young up-and-coming generations of talent in this country to thrive and succeed.
Support for emerging Scottish talent is key to a thriving music industry. Can the cabinet secretary say more about how the Scottish Government is supporting grass-roots music venues to ensure that up-and-coming artists have a platform to perform on? I fondly remember, way back in the 1990s, watching Biffy Clyro play in the teeny, tiny, tottie-wee Kay Park tavern in Kilmarnock. Such platforms are essential to a thriving sector.
The Scottish Government understands the pressures that many businesses continue to experience. Although substantial financial pressures persist, the budget this year means that more than 90 per cent of hospitality premises are liable for the basic property rate. Offering 40 per cent relief to mainland hospitality premises that are liable for the basic property rate ensures that the vast majority of hospitality premises on the mainland will be able to benefit and will continue to offer a platform for gigs.
Historic Environment Scotland
To ask the Scottish Government whether it will undertake a review of Historic Environment Scotland before the end of the current parliamentary session. (S6O-04643)
There are currently no plans for the Scottish Government to undertake a review of Historic Environment Scotland.
I draw the member’s attention to Historic Environment Scotland’s recently published corporate plan for 2025 to 2028. It is a public access document that highlights that, by 2028, HES will have increased direct expenditure on its assets by 15 per cent; increased its contribution to Scotland’s gross domestic product by 10 per cent—from £1 billion to £1.1 billion—and invested at least £40 million in local communities across Scotland through its grants schemes. We can all agree that those are ambitious outcomes and programmes of work, and I am very supportive of the excellent work that the organisation is undertaking.
Just a few weeks ago, it emerged that Historic Environment Scotland was propagating that trans women are women. It had no policy regarding the provision of single-sex spaces and suggested that excluding people from bathrooms and changing rooms is transphobia.
When my colleague Rachael Hamilton demanded that the cabinet secretary intervene, the cabinet secretary said that it was
“an operational matter for Historic Environment Scotland.”—[Official Report, 19 March 2025; c 2-3.]
Following the Supreme Court’s judgment and the Parliament’s swift action to comply with the ruling, will the cabinet secretary stop washing his hands of the situation and ensure that the organisations that fall under his remit immediately comply with their legal obligations to women?
I hope that Tess White understands that Historic Environment Scotland, Creative Scotland and other such organisations are arm’s-length organisations. I agree with her that we want to ensure that all organisations comply fully with the law and the regulations that apply to them. I am happy to write to her about that.
Every time there are portfolio questions on culture, the cultural organisations watch the exchanges that take place. I am sure that Historic Environment Scotland will be seized of the matter that Tess White has raised. We can continue our dialogue on the subject during future question sessions.
My question relates to the first question and not the anti-trans supplementary. Can the cabinet secretary say any more about how revising the framework document to permit more financial freedom will benefit Historic Environment Scotland?
Those greater freedoms mean that, for the first time, Historic Environment Scotland will be able to invest every penny from commercial income to protect our historic environment for future generations, mitigate the impacts of climate change, improve visitor experiences and deliver for Scotland. I hope that we will all welcome that.
Brexit (Impact on International Relationships)
To ask the Scottish Government what assessment it has made of the impact of Brexit on Scotland’s international relationships. (S6O-04644)
The European Union’s founding values of human dignity, freedom, democracy, equality, rule of law and respect for human rights are the values of Scotland. Despite voting to remain in the European Union, Scotland was taken out by a hard Brexit that has limited economic growth, restricted trade, increased food costs and diminished opportunities for young people. It has also damaged long-standing ties with European neighbours at a time when global insecurity makes international co-operation more important than ever.
Let us be clear that the best future for Scotland must be in rejoining the European Union as an independent country.
As has been mentioned, in the face of global conflicts and turbulent economic times, it is more vital than ever for our prosperity and security that we have a strong relationship with our neighbours in Europe. On the basis of what he said, I think that the cabinet secretary agrees that, when we are confronted with global challenges such as trade tariffs and energy security, the harms of Brexit will only grow. Therefore, it is more important than ever that we return to the European Union.
I agree with Bill Kidd. We face unprecedented times and events that bring into question the very survival of the values that have underpinned the international order throughout our lifetimes and provided us with the stability and peace that we have been able to enjoy.
As the spectre of war has returned to this continent, it has become more important than ever that we consolidate our long-standing relations with our neighbours in the rest of Europe. Like the majority of members of the Parliament, I believe that the best way for Scotland to take its place in the international community is as an independent member state of the European Union.
US Tariffs (Impact on Film and Television Industry)
To ask the Scottish Government what it anticipates the impact will be on the Scottish film and TV industry of the US President’s intention to impose tariffs. (S6O-04645)
The Scottish Government is committed to building on the exceptional growth of Scotland’s screen sector in recent years, so the prospect of any tariffs is greatly concerning. However, the scope of potential tariffs or non-tariff measures on foreign movies has not been confirmed by the United States Administration.
An outline US-United Kingdom trade deal has now been reached, and I look forward to exploring the details of the final agreement once it has been shared by the UK Government, to fully understand the potential impact on the Scottish film and television industry.
The cabinet secretary is right that that has not been confirmed, but that is why we should seek to influence the UK Government in its negotiating position right now. Has the cabinet secretary spoken to, or does he intend to speak to, his UK Government counterparts to make sure that they prioritise the film and television industry, which has been a success story in Scotland, and make it clear that, in a country that already imports a great deal of cultural content from an increasingly toxic US culture, tariffs, as threatened unilaterally by the US President, will be entirely unacceptable?
The Scottish Government’s concerns in relation to trade discussions have been communicated directly to the UK Government.
On what the Scottish Government is doing to support the film and TV sector, our budget for 2025-26 includes a £2 million increase for Screen Scotland to support work to attract international investment in large-scale productions in Scotland. Recently, we were able to confirm the excellent news that the Los Angeles-based animation and visualisation company Halon Entertainment is to invest £28 million in a new Glasgow studio, creating up to 250 jobs over the next three years.
Although the new US Administration appears to have rolled back slightly on its threat of film industry tariffs, the situation shows the importance of supporting a home-grown film and television sector and young creative talent. The cabinet secretary will be aware that, last week, the Scottish Institute of Theatre, Dance, Film and TV collapsed into administration. In the light of that situation and the impact of any US tariffs, will the cabinet secretary set out how the Scottish Government can help to ensure that young Scots have opportunities and a pathway into working in the arts, whether that is in Scotland, the US or other global markets?
Neil Bibby is absolutely right—the role of skills and training is vital as we see the screen sector approach the £1 billion mark in terms of gross value added to our economy, which we hope it will pass by 2030. The Scottish Government is directly responsible for a number of initiatives in the area. At present, we are trying to introduce screen studies into Scottish primary and secondary schools. That will be a tremendous achievement, as other countries do not do that.
Neil Bibby raises a very specific and concerning case involving a private training centre. I am aware of the case that he raises, and I know that ministers are seized of the matter. Our priority must be to support the students who studied there and who wish to conclude their studies. I undertake that I will get my colleague Jenny Gilruth to write to Neil Bibby, letting him know what the Scottish Government is doing in that case. However, in the generality, training and skills are absolutely key to the growth of the screen sector in Scotland, and we fully support that.
Constitutional Strategy (Fiscal Autonomy)
To ask the Scottish Government what recent discussions the constitution secretary has had with ministerial colleagues regarding its constitutional strategy, including in relation to its reported call for full fiscal autonomy. (S6O-04646)
I regularly hold discussions with ministerial colleagues about matters concerning my portfolio. Independence would give control over all public spending decisions while providing the range of fiscal powers that are necessary to unlock Scotland’s full economic potential. Until the people of Scotland can choose a different constitutional arrangement, moving to full fiscal autonomy would create a fairer system, protecting public services and allowing investment in our economy. The Scottish Government stands ready to engage at any point with the United Kingdom Government on substantial new fiscal powers for Scotland, following which we will model the impact of potential policy choices.
I thank the cabinet secretary for his answer, but on 16 January the Cabinet Secretary for Finance and Local Government, Shona Robison, informed the Scottish Affairs Committee that the Scottish Government’s preferred policy was indeed full fiscal autonomy. In very similar words to the constitution secretary, she said that
“moving to full fiscal autonomy for the Scottish Government would create a fairer system that would protect public services and allow investment in our economy.”
However, the Scottish National Party Government’s statistics show that full fiscal autonomy would immediately wipe out £12.8 billion of Scotland’s public finances, so will the cabinet secretary explain how a cut of £12.8 billion would protect public services?
First, I point out to Mr Marra—I think that he should know this, because he is usually well informed on these matters—that Scotland having fiscal control over its own policies is not a new priority of the Scottish Government; it has been a priority for a long time. Of course, we would like to be able to operate as an independent member state, like all our neighbours, all of which are more economically successful than the United Kingdom.
I do not recognise the statistic that Mr Marra has presented to us—if he would like to write to me on the subject, he should feel free to do so. There is a big difference between our parties. On the SNP benches, we believe that decisions about Scotland are best made in this place, by parliamentarians in the Scottish Parliament, rather than subcontracting them to Mr Marra’s colleagues in London, who seem to be making one bad mistake after another.
I will take two supplementaries, but they need to be brief, as do the responses.
As it stands, the Labour Government has chosen to save British Steel, but not Grangemouth; fund carbon capture in England, but not in Aberdeen; support artificial intelligence in Cambridge, but not in Edinburgh; and impose austerity measures across the UK, which the Scottish National Party Government has spent £1.2 billion on mitigating so that Scotland is the only place in the UK where child poverty levels are going down, not up.
Does the cabinet secretary agree that fiscal autonomy will allow the Scottish Government to fundamentally rebalance the economy—
Cabinet secretary.
—to deliver for the people of Scotland?
To answer briefly, it is clear that Scotland’s interests are not best served as part of the United Kingdom. Our best hope for the future lies in becoming an independent country in a partnership of equals with our friends across the United Kingdom. That will allow us to make a real difference for our people and our future prosperity.
Until such time as the people of Scotland can choose a different constitutional arrangement, moving to full fiscal autonomy would create a fairer system that would protect public services and allow investment in our economy.
I am not sure why the SNP continues to return to the scene of the crime to check that the body is really dead. David Phillips, from the Institute for Fiscal Studies, warns that full fiscal autonomy would result in “difficult fiscal trade-offs”, so why would SNP ministers even contemplate that, when they are already complaining that they do not have enough money?
It is not a very difficult concept to grasp, although I know that, over the years, Willie Rennie has had great difficulty in accepting, or understanding, it. We on the SNP benches believe that decisions about Scotland’s economic and social progress are best made here. Willie Rennie does not—he thinks that the major decisions should be made by people in the UK Parliament whom we have not elected.
I will keep on trying to persuade Mr Rennie of the advantages of being a normal country. It is for him to spell out how federalism would work in a multinational context, in which 85 per cent of the population live in one part of it. There is not a single example of that working anywhere in the world. I would be happy to hear Mr Rennie explain how his plans would work.
Museums Capacity and Support Programme
To ask the Scottish Government whether it will provide further details on how its planned museums capacity and support programme will support local and regional museums and galleries. (S6O-04647)
The £4 million Scottish Government investment in a new museums capacity and support programme will help to embed the collaboration, innovation and organisational sustainability that is needed to enable positive, strategic change across the sector so that those vital organisations can continue to enrich our local communities now and for generations to come. Plans are currently being worked up with partners and further details will be shared in due course.
The Stirling Smith Art Gallery and Museum recently opened its exhibition of the Mary, Queen of Scots casket and has ambitious plans for future exhibits. Will the cabinet secretary join me in congratulating the team at the Smith on securing the loan of the casket, and can he outline how the Scottish Government is supporting small museums to realise their innovative plans?
I briefly take the opportunity to congratulate everybody involved in the exhibition at the museum in Stirling. It is exactly the type of initiative that the Scottish Government’s investment in a new museums capacity and support programme would help. In relation to the collaboration between local and national museums and the organisation that will be required for such exhibitions in the future, it is a really good test case. I commend everybody who is involved in it, and Evelyn Tweed, who has been a doughty supporter of it.
We have a very brief supplementary from Alexander Stewart.
Increasing visitor numbers at local galleries and museums depends on having innovative collections and material for people to view. Can the cabinet secretary outline what action the Scottish Government is taking to ensure that collections that are held in Edinburgh and Glasgow are shared with local galleries and museums in order to increase footfall?
The member raises an interesting point. There are significant figures in the artistic community—one of them is Dr Bendor Grosvenor—who have been outspoken in support of wider lending from collections both in Scotland’s national museums and in museums and galleries in London. I am very keen to support the maximum amount of lending that can be supported by local galleries and museums. I would be happy to discuss that with the member, because there is definitely room to grow. I know that people in the arts sector are also of that view.
On a point of order, Deputy Presiding Officer. I seek your advice. Emma Harper stated that my colleague Tess White’s question for the Cabinet Secretary for Constitution, External Affairs and Culture was anti-trans. That was not the case. In her question to the cabinet secretary, she asked legitimately about the obligations that fall under his remit for organisations such as Historic Environment Scotland to be compliant with workplace regulations, the law and the public sector equality duty. We must all strive to be respectful in the Parliament. Can the Deputy Presiding Officer share with members in the chamber whether there is a mechanism for Emma Harper to apologise and correct the record?
I suggest to Rachael Hamilton that that is not a point of order. I was in the chair and heard the remarks that were made, and I did not deem that any intervention was required. However, I stress that courtesy and respect are required from all members in the chamber.
That concludes portfolio questions on constitution, external affairs and culture, and parliamentary business. There will be a brief pause before we move to the next portfolio, to allow members on the front benches to change over.
Justice and Home Affairs
The next portfolio questions are on justice and home affairs. I remind colleagues that there is next to no additional time across the afternoon. There is a lot of demand for supplementary questions, so I will require brevity in questions and responses.
Financial and Economic Abuse (Support for Women)
To ask the Scottish Government how the justice system aims to support women who experience financial and economic abuse from a partner. (S6O-04648)
The Domestic Abuse (Scotland) Act 2018 created the offence of domestic abuse that incorporates coercive and controlling behaviour, including financial abuse. Anyone who is experiencing domestic abuse is encouraged to seek help. Equally safe, which is Scotland’s strategy to prevent and eradicate violence against women and girls, explicitly recognises economic abuse. Our £26.1 million a year delivering equally safe fund supports survivors, including through the greater Easterhouse money advice project, which delivers specialist financial advice and support for survivors in Glasgow. The victim centred approach fund will provide more than £32 million to 23 organisations between 2025 and 2027, including £12 million for advocacy support for survivors of gender-based violence.
The Social Justice and Social Security Committee has heard about issues for women who face financial abuse in accessing legal aid. The Scottish Legal Aid Board has admitted that flexibility could exist, but that women rarely apply for funding. We also heard that provisions on domestic abuse protection orders and notices of the Domestic Abuse (Protection) (Scotland) Act 2021, which would remove costs for women and make them safer, are still to be implemented. How is the Scottish Government seeking to resolve those matters?
I assure the member that we are determined to support women to get the right access that they need. We have provided a pilot project in Edinburgh that provides an early intervention service offering legal advice to women and children who are impacted specifically by domestic abuse. In addition to the current judicare system, we have provided annual grant funding of £230,000 for the past eight years to the Scottish Women’s Rights Centre.
I am aware that the Cabinet Secretary for Justice and Home Affairs has previously outlined some of the challenges with the implementation of part 1 of the Domestic Abuse (Protection) (Scotland) Act 2021. The challenges are fully understood by our justice partners and external stakeholders. We will look to outline the next steps in the coming months.
Shoplifting
To ask the Scottish Government what its response is to reports that shoplifting crimes have increased by 89 per cent since 2020. (S6O-04649)
I am very concerned by the rise in shoplifting crimes and recognise the significant harm to retail businesses from theft, as well as threatening and antisocial behaviour, which is totally unacceptable. The Scottish Government is committed to supporting Police Scotland’s robust approach to addressing the issue, which is why we have made £3 million available this year to support Police Scotland’s work, alongside retailers, to tackle retail crime. That forms part of a record investment of £1.6 billion for policing this year, which is an increase of £90 million from last year’s budget.
Earlier this week, I met representatives of the Scottish Retail Consortium, who warned that retail crime is spiralling out of control, costing retailers more than £2.2 billion a year in stolen goods, with many incidents going unreported due to a lack of faith that shoplifters will face any punishment or consequences. They told me—
Through the chair, please.
The Scottish Retail Consortium told me that, last year, retailers across the United Kingdom spent £1.8 billion on crime prevention measures in stores, with the Scottish equivalent being around £145 million.
The minister mentioned an investment of £3 million. With shoplifting up 89 per cent since 2020 and up 18 per cent in the past year, does the minister really believe that the Government is doing enough to stop retail crime?
The Scottish Government recognises the distress that is caused to victims of crime and fully supports the activity to reduce that harm. Police Scotland has published an action plan that aims to provide a visible and measurable impact on retail crime. That includes stopping people from becoming perpetrators of acquisitive crime, bringing perpetrators to justice, with a focus on repeat offenders and organised criminals, and strengthening collective protection against retail crime.
Non-crime Hate Incidents (Recording)
To ask the Scottish Government what recent discussions it has had with Police Scotland in relation to its policy on the recording of non-crime hate incidents. (S6O-04650)
The handling and recording of non-crime hate incidents is an operational matter for Police Scotland, and revised guidance on the handling of non-crime hate incidents was published by Police Scotland in August last year.
We have regular discussions at official and ministerial level with Police Scotland on tackling hatred and prejudice, in line with our engagement with Police Scotland across the Government on a range of issues.
Should Police Scotland be operating an unlawful policy? That is surely a matter that should be of concern to the Scottish Government.
For more than a year, I have been in correspondence with Police Scotland on non-crime hate incidents. After my initial complaints were rejected, the Police Investigations and Review Commissioner ruled that the police had responded inadequately to my three grounds of complaint, and Police Scotland has been given until next Tuesday to give me a satisfactory response. If it continues to be unable to defend the lawfulness of its policy, at what point will the Scottish Government intervene?
I am confident that Police Scotland takes recommendations from the PIRC seriously. As Mr Fraser knows, ministers have no role in the investigation of complaint handling reviews against Police Scotland.
It is not appropriate for me to comment on cases that are subject to an independent process. We also do not comment on operational matters relating to Police Scotland, in order to ensure that Scotland’s criminal justice system remains free from political interference.
I understand that the PIRC has made recommendations about Mr Fraser’s case, and I am sure that Police Scotland is currently considering the issue and will respond in due course.
Supreme Court Cases (Costs of Defending)
To ask the Scottish Government what discussions the justice secretary has had with the Lord Advocate regarding the costs of defending unsuccessful legal cases in the Supreme Court. (S6O-04651)
I meet the Lord Advocate regularly on a range of issues, including cases that are being considered by the United Kingdom Supreme Court. The focus of my discussions with the Lord Advocate is not on the costs involved.
The justice secretary cannot or will not put a final number on how much taxpayers’ money has been wasted on the Scottish Government’s Supreme Court defeats, but I will give her some numbers: three nil against this Government and its law officers in the highest court of the land.
Why the Scottish National Party Government decided to waste taxpayers’ money on cases that common sense dictated would fail, as the Scottish public knew that they would, is beyond comprehension. However, will the cabinet secretary now urgently commit to coming clean about how much that hat trick of humiliation has cost Scottish taxpayers, and will she explain to the Parliament who is going to carry the can for those decisions?
Like all Governments, the Scottish Government is necessarily involved in litigation, given the range and importance of its responsibilities. Sometimes we are defenders and sometimes we are pursuers of cases. The outlays that are incurred in litigation are, like any other cost of Government, subject to rules about public finance, decision making and accountability. Legal work is, of course, an integral part of the commitment to maintaining the rule of law at the heart of Government.
Abuse of Women and Girls
To ask the Scottish Government whether it will provide an update on what further action it can take in the current parliamentary session to tackle abuse against women and girls. (S6O-04652)
Tackling violence against women and girls remains a key priority for the Government. Our programme for government maintains progress on the equally safe delivery plan.
We are developing an approach to honour-based and extended family abuse. We are supporting schools to equip young people with the skills to counter the impacts of online hate, including misogyny, and we are piloting specialist independent legal advice for complainers in rape and attempted rape cases.
Subject to parliamentary approval, we are introducing domestic homicide and suicide reviews, abolishing the not proven verdict, and establishing a sexual offences court and a victims and witnesses commissioner.
The First Minister has advised that, with his regret, the legislation to protect women and girls from misogynistic abuse will not be taken forward in this session. The cabinet secretary will know that that advice has been devastating to me as a former women’s aid worker for women’s organisations across Scotland and to my constituents in Carrick, Cumnock and Doon Valley.
Does the cabinet secretary appreciate the depth of disappointment in that regard, and what reassurances can be provided to women and girls at this time, given that we are seeing an exponential rise in misogynistic harms?
I appreciate the depth of feeling. Many members will recognise that misogyny is a complex area of policy and law. Our criminal law needs to be clear and unambiguous, and the remaining time in this parliamentary session is short. We will, of course, consider how we take forward further work, recognising the gendered nature of misogynistic harm, over and above our commitments in the programme for government.
As I have already committed to, I will take further action. Women and girls need protection, which is why, in September, I will introduce new legal protections for women and girls by adding the protected characteristic of sex to the Hate Crime and Public Order (Scotland) Act 2021, so that women and girls have the same protections as other groups that are protected under the act. I hope that that will be welcome.
I have a number of supplementaries, and I will try to get them all in. Ideally, they will be brief.
Every 10 minutes, an incident of domestic abuse is reported to Police Scotland. That is just the tip of the iceberg, with many cases going unreported. My Prevention of Domestic Abuse (Scotland) Bill was published last week, and it includes several measures to reduce the number of instances of domestic abuse.
Does the cabinet secretary agree that, if passed, the bill will significantly turn the tide, given that domestic abuse has ruined lives, destroyed families and wrecked communities?
I have always been clear that we are willing to explore any options to reduce crime, reoffending and, in particular, domestic violence. I am happy to discuss Pam Gosal’s proposed legislation with her. I am keen to see how it is envisaged that it will interact with existing measures, such as the disclosure scheme for domestic abuse Scotland, which gives people the right to ask about the background of their partner. It also gives Police Scotland the power to tell people that they might be at risk, even where that information has not been sought.
I am always happy to engage with members.
Deepfake abuse has been described as a “new frontier” of violence against women, and the United Kingdom Government plans to make creating sexually explicit deepfake images a criminal offence. The cabinet secretary will be aware that it is the creation of the images that is the issue.
In January, the First Minister said to me that the Government was considering whether there was a gap in the law, and that it would discuss whether it could make a joint effort on the issue with the UK Government. Will the cabinet secretary update me on whether there has been any further thinking about making the creation of such images a criminal offence?
Ms McNeill raises a pertinent point. The updated equally safe strategy certainly recognises that, just as violence against women and girls takes place in all communities and places, the same also applies to online places.
There has been much engagement with the UK Government, in particular around the Crime and Policing Bill. I will engage further with my officials and provide Ms McNeill with a more detailed update.
If we are serious about tackling the root cause of male violence against women, we must challenge the demand that fuels it. Does the Government agree that support in this Parliament for my unbuyable bill, which seeks to criminalise the purchase of sex and provide support for those who are exploited in prostitution, is a vital first step in changing societal attitudes by sending the clear message that women and girls are not commodities? Will the Government back that approach?
I am aware that Ms Brown has been engaging very closely with Ms Regan on the matter. I know that Ms Regan will be aware of the work that the Government is currently undertaking to reduce the demand for criminal sexual exploitation. I am clear that criminal sexual exploitation is a form of violence against women and girls that should not be tolerated. The Government, like Parliament, will continue to scrutinise the detail of Ms Regan’s bill.
Drug Driving (Highlands and Islands)
To ask the Scottish Government what its response is to recent reported figures indicating higher than average drug driving offences in the Highlands and Islands. (S6O-04653)
Before I call the cabinet secretary, I note that we need Ms Roddick’s camera to be switched on.
I recognise that there has been a rise in the number of people who have been prosecuted and convicted for drug driving offences in recent years, both in the Highlands and Islands and at a national level. The increase follows the introduction of a new drug driving law in 2019 and a focused enforcement approach by Police Scotland in tackling the scourge of drug driving.
There are active efforts to go above and beyond the current guidance to spot drug driving and there are on-going pilots of road testing. Does the cabinet secretary think that the higher statistics on drug driving are a result of such efforts and that they should therefore be replicated in other areas? What more can be done to raise awareness of the harm of drug driving and the ways in which the police and the justice system as a whole can deter it?
The short answer is that the reason for the increase is very effective enforcement by Police Scotland and the successful campaigns that it has run, particularly around the festive period. Police Scotland has spoken to around 25,000 drivers to further promote the aims of, for example, the festive campaign and it has informed people about how they can easily identify drink and drug drivers. This is a good example of appropriate legislation being in place, followed up by enforcement action as well as awareness raising.
Legal Aid (Rural Areas)
To ask the Scottish Government how it plans to address the reported lack of access to legal aid in rural regions. (S6O-04654)
Legal aid funding allows solicitors to deliver their services to people across Scotland, and those services can be delivered remotely as well as in person. Every year, legal aid helps many people with civil problems. Legal aid expenditure is on track to be more than £170 million this year, which is the highest ever level.
However, I recognise that improvement is needed and that there are challenges in certain areas with certain types of legal aid work. Our programme for government commits us to taking forward the reforms that are set out in the recently published legal aid reform discussion paper, which will simplify the system for solicitors and those who need legal assistance, along with longer-term proposals for funding and improving the delivery of services. That includes a review of legal aid fees that will help develop regular assessments to ensure that systems remain fair and sustainable and deliver for the public purse.
In response to Craig Hoy’s question, the cabinet secretary noted how important legal advice is to the Scottish Government. However, the Law Society of Scotland has warned that the legal aid system is functionally collapsing in rural Scotland. Entire communities, particularly in the south of Scotland, face systematic exclusion from access to legal aid. Indeed, in the Borders, only three firms remain able to offer legal aid, and they are at or beyond capacity.
Article 6(3)(c) of the European convention on human rights enshrines the right to legal assistance where the interests of justice require it. When did the Scottish Government last consider that it could be subject to a human rights claim due to the lack of access to legal aid, which is a result of the collapsing system of legal aid? What level of risk was that assessed as?
I regularly engage with the legal profession, and that issue has not been specifically raised with me in my meetings. I know that the Scottish Legal Aid Board can and often does provide funding for solicitors to allow services to be delivered to people all around the country. I also know that there are some gaps in our rural communities at the moment, and SLAB is looking at the geographical issues. That is one of the issues that we consider in the discussion paper on how we can improve things.
The minister cannot say that she was not warned. In a one-on-one meeting last year, the Law Society of Scotland warned her about the developing crisis in legal aid. I remind members that I am a member of the society. Last month, the Law Society of Scotland warned that the Government plans that we have just heard about fail to recognise the urgency of the situation and do not deliver on either the scale or the timeline that is needed. Given that, what are the minister’s projected outcomes from her plans, and when will they be actioned?
As I have said previously, we are unable to do legal aid reform in the current parliamentary session, but I am committed to making improvements that we can make in this session.
The discussion paper sets out three key strands of work that we will undertake to improve and reform legal aid. In the immediate short term, we will simplify the judicare model by bringing regulations to Parliament this year. It is our intention to make changes to criminal, civil and children’s legal aid. We will make summary legal aid available for guilty pleas and cases continued without pleas in summary prosecution cases. A lot of work is set out in the discussion paper, but that is what we will be aiming to do in this parliamentary session.
Police Scotland (Information Sharing)
To ask the Scottish Government what its position is on how Police Scotland shares information with other statutory bodies about vulnerable individuals. (S6O-04655)
It is my understanding that Police Scotland shares information with other statutory bodies in a manner that is lawful, necessary and proportionate and is fully in line with data protection legislation, human rights obligations and safeguarding duties. That can include circumstances in which there is a clear risk to life, safety or wellbeing.
Protecting vulnerable individuals is a core priority for Police Scotland. Its three-year plan makes it clear that ensuring that people in crisis or distress receive the right support at the right time from the right service is central to how it operates. This Government fully supports that ambition.
I thank the cabinet secretary and the Deputy First Minister for meeting me and the families of the individuals who were killed or injured in Inverness in 2020. Subsequent to that meeting, I have identified that the police had no forms of concern relating to the accused, who had been previously arrested. The families and I have looked at the mental health and policing framework for collaboration and seen little that would compel the police to liaise more closely with partners such as national health service boards and councils.
What guarantee can the cabinet secretary give to assure the families that Police Scotland will learn from that incident and ensure that there is more joined-up action in future?
I am very grateful to Mr Mountain for facilitating a very humbling but also very informative meeting with him and his constituents who are the family members of victims of a very serious crime. We have engaged substantially with Mr Mountain and his constituents on the framework for collaboration.
I would be happy to receive more detail on the specific information that he received on Police Scotland having no forms. I am cognisant that Police Scotland, like all partners, is often reliant on other partners sharing information, and that is why the framework for collaboration is so important in relation to people in the same multi-agency space sharing information.
I am more than happy to engage further with Mr Mountain.
The safety of vulnerable individuals must be at the forefront of all actions in our justice system. Can the cabinet secretary provide further detail on how Police Scotland ensures that personal information remains secure when it is shared with third parties?
That is an operational matter, but I am aware that, when a decision is taken to share a vulnerable person concern report with an external partner, which is an established procedure for Police Scotland, it uses a secure email encryption system to transmit the information in a password-protected format. That approach ensures that, as members would expect, sensitive data is transferred securely.
Thank you, cabinet secretary. I am pleased that we got through that without your voice giving out completely.
That concludes portfolio questions. There will be a brief pause before we move to next item of business to allow members on the front benches to change positions.