Plenary, 14 Jun 2007

Meeting date: Thursday, June 14, 2007

Official Report 789KB pdf

---

Question Time

---

SCOTTISH EXECUTIVE

---

Finance and Sustainable Growth

Question 1 was withdrawn by Michael Matheson. He and his wife have just had a baby and, on behalf of the chamber, I congratulate him.

---

Transport Projects Review (Audit Scotland)

To ask the Scottish Executive what terms of reference, timescale and resources will be required for Audit Scotland to carry out a full review of the procedures used to forecast the costs of the Edinburgh tram and Edinburgh airport rail link projects; how the reporting date of 20 June 2007 was agreed; to whom Audit Scotland will report at the end of the review; and what the implications of the review are for the independence of Audit Scotland. (S3O-205)

The Auditor General for Scotland has determined the terms of reference, resources and timescale for Audit Scotland's review, in accordance with his statutory powers. Audit Scotland has published the terms of reference on its website at www.audit-scotland.gov.uk. The Auditor General agreed the reporting date of 20 June in discussion with the Cabinet Secretary for Finance and Sustainable Growth on 4 June. The Auditor General will report by presenting the findings of the review to Parliament on 20 June. There are no implications for the independence of Audit Scotland.

Given that the minister has used overruns on other projects to justify reviewing the trams project and EARL, will he explain how the review can look at the process for estimating project costs and management arrangements, but cannot, in the words of Audit Scotland,

"provide assurance on the accuracy of the cost estimates"?

Is that because to do so would compromise the independence of Audit Scotland in the on-going review of major projects?

Will the minister also inform us whether the review's findings will be made public through the whole Parliament or through the Audit Committee, which asked the Auditor General and Audit Scotland to undertake the only review of this kind when the committee was considering the Holyrood building project?

It will be for the Auditor General to publish the results and present them to Parliament. I expect that the results will also be available on the Audit Scotland website.

The member asked how we can address the accuracy of estimates and pointed to overruns on other projects. She is right that we have serious concerns about such overruns and that that gave us the impetus to look at the largest projects in our portfolio. However, the Auditor General brought forward in the schedule work that he had planned to do—it is not in itself new work. We expect that that work will inform decision making on key projects and that it will give us a solid foundation for accepting that good processes and management practices are in place in key projects.

When the review is completed and, as was agreed last week, a motion is put to the Parliament, will the Scottish Government accept the Parliament's decision?

Well, let us not run ahead of ourselves in relation to what the report will say. We are committed to having a debate and to bringing to Parliament before the summer recess our views on the major projects that we are considering. Rather than expect difficulties, the member should wait for the appropriate steps to be taken and see what outcome we reach.

The minister said "overruns on other projects"—I wrote that down carefully. Will he tell members what those other projects are?

Mr Scott will be aware that the figures that were brought to Parliament for the Stirling-Alloa-Kincardine project were in the range of £65 million to £70 million. We are advised that the expected completion price will be in the order of £83 million. That is a substantial overrun, which causes us to seek assurances that we have adequate management control over even larger projects and that estimates have been derived professionally. It is perfectly natural for us to do that; if we did not, I am sure that we would attract considerable criticism.

I am still not clear about how value for money can be addressed by an Audit Scotland inquiry that does not look at the accuracy and reliability of cost estimates. Mr Swinney said in the debate on the matter that he would address value for money. Will the minister tell us how Mr Swinney will address value for money as a separate exercise from the one that Audit Scotland is undertaking? Will the minister confirm that before the recess there will be a debate on the issue, following which members will have the opportunity to vote on whether the trams and EARL projects go ahead?

I am surprised that the member has not twigged that there will be a debate—it has been a theme—before the recess.

I return to the subject of the Auditor General's independence. He has brought forward work so that we as ministers can make our determinations about value for money. He will inform us whether there is a robust process that has been gone through effectively in the calculation of estimates and whether there are management processes to carry the projects forward. That is his role, and he will report to Parliament on those matters. Based on that work and on other considerations, as ministers, we must assess whether certain projects deliver value for money. We will report to Parliament as we have promised.

---

Regulations

To ask the Scottish Executive on what date it plans to introduce the Better Regulation Commission's one in, one out rule in relation to new regulations. (S3O-172)

With immediate effect, this Scottish Government will ensure that there is no gold plating and no early unnecessary introduction of European Union regulations. Further, any new regulations that are introduced should start from the premise that they will not increase the administrative burden on business. Next week, I will meet the chair of the industry-led regulatory review group to ensure that those principles impact positively on business in Scotland. We will encourage departments to undertake regulatory impact assessments of acts of the Scottish Parliament or Scottish statutory instruments that have a significant impact on business. We will seek assistance from the regulatory review group, business stakeholder groups and business generally to help us prioritise those regulatory impact assessments.

That all sounds good, but the Scottish National Party manifesto made a commitment to introduce a one in, one out rule. If the minister is worried about getting such a rule through Parliament, I am sure that we would be happy to support him on it.

Will the minister consider whether the Executive can publish annually an assessment of the cumulative net cost to business and to the public sector of the regulations that have been introduced?

The member has accurately understood our direction of travel. We will make progress when we meet Professor Russell Griggs next week

There has been considerable bean counting in this Scotland of ours and I am concerned that Mr Brownlee's suggestion would add to that burden. We need a reinvention of trust and a progressive realignment of regulations. I detect, from the nature of his question, that there will be good will for that approach. I will certainly seek to mirror that good will and to achieve the end that the regulatory review group has set out.

We are still looking for the start date for the one in, one out policy. The proposal was in not only the SNP manifesto but our manifesto and the Conservative manifesto, so I confirm that, as soon as the Government gets around to determining the start date, we will all be delighted to join the minister.

I know that the minister is genuinely fond of appropriate targets. Small business has asked us to reduce the administrative burden associated with targets, as well as to introduce the one in, one out policy. Will he enlighten us as to whether he intends to reduce the administrative burden that faces small businesses and whether annual targets will be introduced on that basis? Perhaps once he has had the opportunity to consider the matter—following his discussions with Professor Griggs—he could write to me about the merits of setting such targets.

We guarantee that we will get on with doing the work. I have given the direction of travel.

The view is fairly jaundiced on arbitrary numeric targets, which formed the landscape of the previous Administration. Arbitrary numeric targets are famous for the key reason that they tend to divert resources to meeting targets while other things fall apart. Considering what we can do to make Scotland more competitive and to achieve a higher level of sustainable growth is a much more worthy objective. I see better regulation as a key component of that.

---

Credit Unions

To ask the Scottish Executive whether it will support the work undertaken by credit unions to address financial exclusion. (S3O-259)

We are committed to continuing support for the credit union movement and to encouraging it to develop new and innovative services. Credit unions do invaluable work in addressing financial exclusion. Their traditional role is to promote saving and provide affordable credit to people who cannot access mainstream borrowing. However, many now offer an increasing range of services, such as current accounts, savings accounts, budgeting accounts, flexible credit, insurance, foreign currency at competitive rates and other relevant packages.

As the good work that credit unions do spans the work of more than one Government department, will the minister please commit to working together with his ministerial colleagues and others to support vital anti-poverty projects such as debt redemption schemes? Will he ensure that service of general economic interest funds that have been allocated to organisations such as Livingston Credit Union for the financial year 2008-09 but which have not previously been guaranteed will be made available? That would enable an organisation such as Livingston Credit Union to continue for the third year running a debt redemption scheme and to deliver a huge increase of 100 per cent in the number of loans that are made available under the scheme.

As I said, the Government is very supportive of credit unions' work and wants to ensure that that continues effectively. Decisions about the spending period beyond April 2008 have yet to be made and the Government will produce in due course its budget proposals in that respect. However, I make those comments against the backdrop of a sympathetic view of credit unions' work.

I assure Angela Constance that in the new and smaller Cabinet, it is easy to have conversations between colleagues and to agree on subjects for which the boundaries are not clear. I will work with the Cabinet Secretary for Health and Wellbeing on the issue that the member raises.

I was delighted to hear that Angela Constance has invited a founding member of Livingston Credit Union, Nancy MacGillivray, to be her nominated local hero at the parliamentary event on 30 June. I hope that Ms MacGillivray has an enjoyable day.

I am pleased to hear Mr Swinney's endorsement of the credit union movement. However, he will be aware, because I have written to him, of the increasing concerns of my local credit union, Cumnock and Doon Valley Credit Union, which does an excellent job of providing financial services, particularly in the aftermath of the Farepak situation. That credit union has expressed concern about the impact that the new Executive's policy of abolishing Communities Scotland will have on the funding and support that the credit union movement receives. Will the minister give me a guarantee that credit unions will continue to be fully funded and supported, and will he explain how that will be done if Communities Scotland no longer exists?

I have said clearly in two previous answers that the Government is enormously supportive of the credit union movement and acknowledges the important work that it does. I put on record the Government's appreciation for the work of Cumnock and Doon Valley Credit Union, which I am sure helps people, particularly those who in recent months have been involved in the acute Farepak situation.

The Government supports and has objectives for programmes that are intended to ensure that, through the delivery of policy, we make a difference in people's lives. We must move on from the debate about structures and focus on how we deliver programmes to individuals. That will underpin the Government's approach to the organisation of Government business among agencies, to ensure that we make a big impact on people's lives.

Will the minister follow the lead of Westminster ministers and actively promote credit unions to those who are considering at this time how they should start their saving for Christmas, especially in the light of the Farepak disaster, which my colleague Cathy Jamieson mentioned? How does he think any such promotion might be carried out?

There are a variety of ways in which the Government can offer support to credit unions, through the general advisory packages that we offer at local level to assist people in managing their finances. Many local authorities are involved in those schemes, which are supported by grant-aided expenditure that the Scottish Executive provides. There is an opportunity for constructive, positive collaboration between us and the Westminster Government in this area. I assure Mary Mulligan that my officials and I will work together closely to ensure that that is delivered in due course.

---

Carers

To ask the Scottish Executive how it will engage with the voluntary sector in order to support carers in employment and seeking employment. (S3O-248)

The Scottish Government acknowledges that unpaid carers often face significant barriers in accessing employment. We recognise the role that the voluntary sector can play in supporting carers in employment and seeking employment, both as an employer and as a provider of support. Carers Scotland's recently published national framework for carers and employment sets out valuable messages on the role of flexible employment policies and social care services in helping carers to balance work and caring. I want to ensure that we build that into our thinking as carers policy develops. We must continue to work with voluntary organisations on that important effort.

Will the minister join me in congratulating Carers Scotland on its excellent booklet "Carers and their Rights", which was launched today and which will be a vital tool for every carer in Scotland? Does he agree that, for carers to stay in or to seek work, flexible working, respite care, time to take up training and all the issues around getting into employment are vital? How will he work to support the discussion that needs to happen in the workplace to enable carers to take up or to stay in employment?

I am happy to congratulate Carers Scotland on the publication of the booklet "Carers and their Rights". I take this opportunity to say how pleased I was to hear that Cathy Peattie has been elected convener of the cross-party group on carers. The issue was dear to my heart in the previous session and I assure her that it will remain dear to my heart in this session.

The Government's policies will assist carers in a number of ways. As we set out in our manifesto, we are determined to tackle issues relating to flexible working, which will not only help carers but have a positive impact on a wide variety of policy areas. We are developing proposals on respite care and further training opportunities. In our joined-up Government, I was delighted this morning to read that the Minister for Public Health has announced support for a national festival for young carers that will take place as a result of a new funding package from the Executive. The festival will provide young carers with the opportunity to meet decision makers, including MSPs, and to have a say on the issues that matter to them. Carers' training, which is a key issue, is one of the priorities of the programme.

---

Economy

To ask the Scottish Executive how it will grow the economy of all parts of Scotland. (S3O-204)

In the parliamentary debate on 30 May, I set out the approach that the Government will take to achieve higher sustainable economic growth in Scotland. Further work will be published in the autumn, and there will be appropriate dialogue and consultation before that. The Government wants to ensure that we grow the economy in all parts of Scotland.

The cabinet secretary will be aware that the Borders rail link and international connectivity direct to Edinburgh airport are crucial to the economy of the Borders. In the joined-up Government to which he referred, he will have seen the answer to my parliamentary question about the cost of the Edinburgh airport rail link scheme. In that answer, which I received on Tuesday, the Minister for Transport, Infrastructure and Climate Change said that the cost of the scheme was between £550 million and £650 million. Is it the case, as the SNP in the south of Scotland has said, that the scheme will, in fact, cost £1 billion and that, if it goes ahead, no money will be left for the Borders railway? Can the minister confirm that the Borders railway is not subject to the financial review of transport schemes that is under way?

The Government has an obligation to look at every single project, whether it is a transport project or any other project, to ensure that the project is financially robust and can be delivered within the commitments that have been made to Parliament. If any project cannot be delivered within those commitments, we have to come back to Parliament and advise Parliament about what the appropriate figures are. That exercise is under way. Earlier, Mr Stevenson made it clear that the Government will come back to Parliament with information in relation to the work that we are undertaking on the review of those projects.

That is an entirely natural process for the Government to undertake. We are a new Government and have inherited a programme list from the previous Administration. We would be failing in our duty if we did not try to satisfy ourselves about all those projects, including the range of projects that are being developed by Transport Scotland.

The Borders rail link is one of the projects that we are looking at very closely to ensure that all the financial assumptions are robust. We have to do that; if we did not, we would be failing in our duty.

---

Justice and Law Officers

---

Criminal Justice Bill

To ask the Scottish Executive when it intends to bring forward a criminal justice bill. (S3O-246)

Last week, as the member might recall, I set out our priorities for a safer, stronger Scotland. We are considering in more detail what legislation is needed to deliver those priorities and we will bring forward proposals in due course.

I welcome the minister to his new role—this is the first opportunity that I have had to do so.

The minister will be aware that there is significant cross-party support for the introduction of corporate homicide legislation. I understand that, due to a number of complex factors, there was insufficient parliamentary time in session 2 to deal with Karen Gillon's member's bill on the subject.

Given that, in 2005, when he was in opposition, the minister stated that

"Legislation on corporate homicide is not only supported in principle across Parliament and throughout the country, but is urgently needed now",

can he advise the chamber today whether the new Administration intends to bring forward such legislation?

As the member might recall, I and the Scottish National Party fully supported Karen Gillon's bill. However, unfortunately, the previous Administration decided that a different route should be taken in terms of how we co-operated and interacted with the legislation that was introduced south of the border. Certainly, our position is that action needs to be taken. With us in the chamber today is the Solicitor General for Scotland, Frank Mulholland, who was pivotal in pursuing the Transco case that was, perhaps, the genesis of Karen Gillon's interest in these matters.

We wish to ensure that adequate legislation is available, and we undertake to determine whether what was brought in by the previous Administration is adequate and fit for purpose. If it is not, we will need to review it.

Leaving aside the issue of corporate homicide, does the cabinet secretary agree that, bearing in mind the plethora of criminal justice legislation that we have seen in the past eight years—much of which was of dubious value—we might be as well leaving things as they are until a full assessment is carried out of the effectiveness of some of the acts that we have already passed?

This Government is conscious that legislation alone is insufficient, particularly in the area of justice. We have had a restored Scottish Parliament for only eight years but, clearly, our independent legal system—whether the constabulary or the offices of the Lord Advocate and the Solicitor General—served us well in the centuries prior to the Scottish Parliament being restored. It is quite clear that we have to ensure that legislation adds value to the institutions that have served us well. There is a role for legislation, and I have no doubt that it will be required, whether it originates from this Government or, indeed, elsewhere—we will be happy to take on legislation from the Justice Committee or Opposition parties.

Although the point is well made that we need to allow legislation that relates to institutions that deliver front line justice and law services to have some opportunity to bed in, we will not hesitate to legislate where it is necessary to do so. However, I agree that there is some wisdom in the adage that those who legislate in haste repent at leisure.

---

Antisocial Behaviour

To ask the Scottish Executive what plans the Cabinet Secretary for Justice has to strengthen the legislation on antisocial behaviour. (S3O-257)

The Government plans to take a fresh look at our antisocial behaviour strategy to see where it can be strengthened and improved and how we can ensure greater community involvement. We will feed the results of on-going evaluations of antisocial behaviour orders and dispersal powers into that wider review.

Does the minister agree that it takes far too long to remove offenders whose behaviour is loutish, persistent and protracted? Does he agree that we should be able to speed up the processes of dealing with those who knowingly and willingly act in defiance of the reasonable expectations of those who live around them?

To ensure that the public are protected from the unacceptable behaviour of a minority of society in Scotland, interim antisocial behaviour orders can be obtained within 72 hours. The procedure to obtain a full ASBO requires 21 days' notice.

The Government is taking a fresh look at the antisocial behaviour strategy, to ensure that it is strengthened and improved, and we expect to report back in due course, after we have had further examinations and meetings.

I listened with great interest to Fergus Ewing's first reply. I hope that, in taking forward that fresh look, he will not weaken antisocial behaviour legislation. Given that the Scottish National Party abstained in votes on dispersal powers in the Antisocial Behaviour etc (Scotland) Act 2004, does that mean that the SNP does not fully support the use of dispersal powers or, given their successful use in various parts of Scotland, has the SNP changed its mind?

The review will, of course, consider what is working, what is not working and what is not working well. We have supported the use of enforcement measures in the Antisocial Behaviour etc (Scotland) Act 2004. That is now three years old, so it is appropriate to have a review.

I say to Margaret Curran and the many other members who are rightly concerned about antisocial behaviour that the Executive's approach will focus not solely on tackling antisocial behaviour but on promoting good behaviour and providing opportunities for young people that show them a better life in the first instance. We will work towards promoting that good behaviour as firmly and determinedly as we will tackle antisocial behaviour after it has occurred.

What will the minister do to ensure the greater use of parenting orders, given that not one has been issued to date?

Plainly, parenting orders have not been particularly successful thus far. In the course of the review, we will examine the enforcement measure to which Mr Lamont draws attention.

I hope that the Conservatives will continue to work with us in tackling antisocial behaviour, in promoting good behaviour and on emphasising the inculcation of a sense of personal responsibility in Scotland. In that respect, it is worth noting that the cabinet secretary recently visited a project in Govan where youngsters are provided the opportunity to play football. Evaluation showed that youth disorder fell by 76 per cent. Surely we can agree across the parties that that is exactly the sort of scheme that we want to be replicated throughout Scotland.

---

Efficiency Savings (Justice and Communities)

To ask the Scottish Executive what consideration it has given to efficiency savings in the justice and communities budget. (S3O-228)

The Government is committed to delivering efficiencies across the public sector in Scotland. I will consider justice expenditure closely, as part of the spending review, to ensure that public money is spent as efficiently and effectively as possible and to generate efficiencies that can be fed back into providing more and better services. The Cabinet Secretary for Finance and Sustainable Growth announced on 24 May that we will establish our efficiency programme for 2008 to 2011 during the spending review.

The minister's colleague, the Cabinet Secretary for Finance and Sustainable Growth, has made much of the Howat report in discussing the more efficient use of public money. He has refused to rule out the recommendations in that report, with the exception of the one regarding Scottish Water.

One recommendation is that the fire college at Gullane in my constituency should be merged with the police college in Tulliallan, with the Gullane site being sold off. The college at Gullane has trained firefighters for 50 years. I think that the fire service will have concerns about the potential loss of its specialist training facility, and I am sure that my constituents in Gullane will be worried by the prospect of the disposal of a large site in the heart of their community. Will the minister allay those worries by assuring us that he will not pursue that recommendation?

Most members will be aware of the excellent service and facilities in Gullane. Obviously, the Government is reviewing fire service and police issues, therefore it would be wrong of me to make a specific commitment. However, we recognise the excellent service that the fire and rescue services have provided and continue to provide in Scotland. We seek to build on and enhance that solid foundation.

---

Police (Recruitment)

To ask the Scottish Executive what steps it has taken in implementing the commitment to provide 1,000 extra police officers. (S3O-179)

Delivering additional policing capacity will require a co-ordinated, carefully planned and innovative approach. We are developing our plans to deliver the commitment, and we intend to publish them in due course.

I have a simple additional question: is 1,000 extra police officers enough?

Perhaps the member should discuss that with Mr Carlaw, who, in a debate last week, wondered why the figure of 1,500 was mentioned in the Conservatives' manifesto.

Scotland requires a visible police presence, and the Government is committed to increasing policing capacity. A visible police presence not only reassures communities, it deters criminals. We must ensure not only that our officers—who do a fantastic job—continue to work hard, but that we work smarter to free up resources. We will seek to recruit and retain police officers. The Administration understands that, as well as bringing in more new officers to add to the officers that we have, we must ensure that we stop haemorrhaging officers—many of whom have a great deal of knowledge and wisdom to contribute—as a result of ill health or retiral.

---

Legal Aid (Shetland)

To ask the Scottish Executive what plans it has to improve access to legal aid in Shetland. (S3O-202)

Access to advice on civil matters will be improved by the development of a network of civil legal assistance offices, which will provide advice on matters of civil law. In the north of Scotland, the network will build on the existing part V project, which is based in Inverness. A new Public Defence Solicitors Office has been opened in Kirkwall, which will provide free legal assistance on criminal matters to eligible individuals in Shetland and Orkney.

Those measures, which were initiated under the previous Administration, are welcome.

Will the cabinet secretary look into the cost to legal practices of actions relating to family matters, such as divorce and child protection cases, that are defended in court hearings? I understand that such cases account for most of the time and dedication of legal practices. Is the cabinet secretary aware that only one legal practice in Lerwick undertakes civil legal aid work? Will he look into that and find out what can be done to assist?

Finally, does the cabinet secretary understand that access to legal aid is an absolute right for many of my constituents but that, as a result of the geography, they find it difficult to access local solicitors, which clearly does not help them? Often, my constituents must travel to Aberdeen or further afield to instruct solicitors and seek advice.

The member is right to raise such a significant problem, which my predecessor as minister with responsibility for justice, Cathy Jamieson, recognised. The matter has arisen partly because of changes in society, in who is joining the legal profession and in how that profession is operating. It is clear that there are issues.

On family issues, it is clear that huge swathes of the community are facing a crisis, which is why the part V project was introduced and why the Government is reviewing civil legal aid payments in family law cases. We are aware of the problem.

There are civil law matters other than matrimonial matters that we must consider. We must examine how assistance is provided and how account can be taken of the difficulties that are faced by remote jurisdictions and jurisdictions that are peripheral to the central belt and the capital city, where legal establishments tend to be based, to ensure that there is parity and equality of service, to which all our citizens are entitled, irrespective of where they reside.

---

Victim Support Scotland (Meetings)

To ask the Scottish Executive when it intends to meet representatives of Victim Support Scotland. (S3O-245)

I am keen to meet representatives of Victim Support Scotland and of other voluntary organisations that work in the justice system as soon as is practicable.

Is the minister aware of the sense of abandonment and frustration that victims of sexual abuse feel when Crown cases are deserted for reasons other than lack of evidence? First, will he undertake, with the Lord Advocate, to review the circumstances under which such cases have been deserted, to determine whether any lessons can be learned? Secondly, will he consider whether, when there is no option but to desert a case, automatic referral to the children's reporter might provide both a community safety net and a sense to victims who come forward—often under difficult circumstances—that their voice is being heard?

It is a difficult area, but a great deal of progress has been made on how we deal with the victims of sexual offences. That progress was begun under the previous Executive, and particular credit must be given to the current Lord Advocate. For far too long, victims were treated simply as part of the legal process, and not with the sympathy and dignity to which they were entitled. Although a considerable distance has been travelled, progress must still be made, and the Government intends to continue to build on what has been done.

I am not aware of particular problems, but I am happy to consider any representations that the member makes. There are difficulties for the Crown when, unfortunately, it is impossible to proceed in the public interest, even though a victim feels aggrieved. That can be the case for a variety of reasons, whether because victims or witnesses are not in a position to give evidence or because there are matters that it may be inappropriate to discuss with the wider public. Nevertheless, I am aware of the member's interest in the matter, the progress that the previous Executive made and the endeavours of the current Lord Advocate, on which the Government will seek to continue to build.

Some weeks ago, a pensioner came to my surgery who had been the victim of a street robbery and had lost two weeks' pension money as a result. Despite his best efforts, he had been unable to recover any of that money, and he felt that he had not been kept informed of progress in his case. That is not an isolated incident, by any means. The previous Executive made progress on conveying information to the victims of major crime. Does the minister have any plans to make it easier for victims of crime to get compensation and information about their cases as they go through the justice system?

We are required to keep such matters constantly under review. As the member may be aware, some of the issues relate to the way in which the Crown Office interacts with victims and some relate to individual police matters. It would be inappropriate of me to interfere with the operational independence of chief constables. However, it is my experience as a constituency member and the Cabinet Secretary for Justice that, in the main, the police try to keep members of the public and victims of crime informed. There may be times when, because of pressure of work or for a variety of other reasons, matters slip through the net. The Government will seek to monitor that and ensure that best practice is adhered to.

From the lowest constable to the highest chief constable in the land, the police service has served us well and will continue to do so. Mistakes may be made, but I am sure that they will be rectified. It is a matter of trying to ensure that the best service is provided to our communities and to the victims of crime, in particular.

The minister mentioned the role of the police service and the importance of the independence of chief constables throughout Scotland. Can he therefore advise us why, in his statement to The Courier, he said that the Executive will seek to place police officers in our communities? Is the minister going to introduce new legislation that will give him the power of ministerial direction to place such requirements on our local police authorities?

No, it is not the intention of the Government to usurp the role of the chief constables. We will, however, provide the chief constables with the additional officers to do with what they want. I know from my discussions with chief constables that they share the Government's desire to have a visible police presence in their communities.

It is not for the cabinet secretary to specify where individuals should serve; it is for this Government to try to ensure that sufficient police officers are available to allow chief constables to deliver what their communities want, which is a visible police presence that reassures communities and deters criminals in our towns and cities.

---

Underage Sales of Cigarettes (Prosecutions)

To ask the Scottish Executive how many retailers were prosecuted in 2006-07 for selling cigarettes to people under the age of 16. (S3O-201)

In 2006-07, 11 people were subject to court proceedings. Prosecution is, of course, the ultimate sanction in respect of illegal sales of tobacco, but it is not in itself a measure of the effectiveness of local authority enforcement programmes.

I thank the Solicitor General for Scotland for his response and I welcome his appointment to that high office. I also welcome him to his first themed question time.

Surveys conducted by people who are interested in the prevention of ill health indicate that 19 per cent of 15-year-olds and 6 per cent of 13-year-olds smoke at least one cigarette per week, and that smoking among girls is more prevalent than it is among boys. Given our failure to enforce the current legal age for purchasing cigarettes, and in light of the number of prosecutions that the Solicitor General has revealed and the number of underage smokers, does the Solicitor General agree that enforcement is probably more important than raising the legal age at which a person can buy cigarettes?

I am grateful to Mr Finnie for his kind words of welcome.

Prosecution is the ultimate sanction, of course, but it is part of a range of measures to deal with the mischief of smoking among Scotland's youth, which include enforcement by trading standards officers, the production of guidance material, visits and inspections, publicity following test purchases, intelligence-led targeting of premises, and the use of proof-of-age cards, which allows retailers to operate a no-proof, no-sale policy.

It is interesting that an evaluation of a similar test-purchase scheme on the sale of alcohol to underage persons in Fife revealed that, in respect of repeat test purchases, retailers requested proof of age in 97 per cent of cases. I agree that prosecution is important, but it is part of a range of measures. Procurators fiscal are well aware of the importance of their role in ensuring that there is a range of effective measures to deal with youth smoking.