Rural Affairs and the Environment
The first item of business this afternoon is themed question time. The first theme is rural affairs and the environment. I would be grateful for short and succinct questions and answers to allow as many questions as possible to be asked.
Proposed Water Framework and Industrial Emissions Directives
The Government has regular dialogue with businesses over the development and implementation of policy. The water framework directive is a well-established policy and officials recently met the chemical industry and others as part of our development of a forthcoming consultation on the implementation of the industrial emissions directive.
Some concern has been expressed recently by industries in my constituency regarding timescales for implementation of both directives. Given that the Department for Environment, Food and Rural Affairs said a few months ago that the impact on industry would be minimal, will the minister highlight to his United Kingdom Government counterpart and European Union officials the fact that, given that the current economic downturn is creating significant challenges in the petrochemical and agrochemical industries and the fact that the costs involved in implementing the directives can be considerable, there has to be a degree of give and take—
Mr MacDonald, I need a question.
Will the minister ask that industries that require extra time be given it in order to comply with the directives?
As recently as 19 April, I wrote to the UK Government to support the UK negotiating strategy on the implementation asking that it be proportionate and that timescales be appropriate in order to avoid unnecessary and disproportionate cost.
The Scottish Government’s consultation document on proposals for an integrated framework of environmental regulation says that, in order for the Scottish Environment Protection Agency to become the sort of regulator that we need, consideration should be given to having a single permitting procedure which, it is argued, will simplify the range of current procedures. Can the minister clarify what sort of procedures we need? In the week of the Rio+20 conference, can he assure us that there will be no risk of private enterprises being able to opt out of regulation and being able to undertake their own regulation of our natural resources—specifically, water?
It is up to private enterprises to obey the law and regulations. To that extent, they have to be internally self-regulating, and everyone in the company has to understand that. The role of bodies such as SEPA in regulation is in inspecting those processes and the outcomes. None of the changes that we are considering will change the basic principles of the duties within the company, or our role in monitoring what they do in order to deliver the desired outcomes.
Common Agricultural Policy
I met the UK and other devolved ministers in London on 2 May to discuss, among other things, the common agricultural policy negotiations. I also have regular discussions with UK ministers ahead of each agriculture council meeting in Europe, and will be meeting them again on Monday when I attend the next agriculture council meeting in Luxembourg.
What assurances can be given to the crofting community that reform will address the anomalous situation that has resulted in crofting land being classified in the same way as prime agricultural land elsewhere in Scotland is classified?
The crofting communities are taking a close interest in a number of issues, and we are paying close attention to the situation. However, in theory, the move from the historic way of paying single farm payments based on area could benefit the crofting counties and crofters who qualify. The reasons for that are obvious, and concern the taking into account of the amount of land that is involved.
What hope can the cabinet secretary hold out to those who have entered farming since the previous reforms and who, consequently, have no entitlement to the single farm payment? What assurances can he give that their situation will be addressed in this round of common agricultural policy reform?
Alex Fergusson has raised a very good point. The issue is one of our top priorities for the negotiations. I know that ministers tend to respond to all concerns by saying that they are priorities, but I am sure that Parliament is aware that the matter is a key priority for Scotland.
What discussions has the Scottish Government had to ensure that, in the new system following CAP reform, only those who actively farm the land are entitled to receive the single farm payment? Does the Scottish Government believe that provision should be made to prevent the single farm payment from being shared with the landlord as part of the rent?
That relates to the previous question about ensuring that genuinely active farmers receive the single farm payment and other related support. That issue is one reason why we were pleased to secure in the negotiations what we are calling the Scottish clause, which is in the draft regulations and which the Scottish Government communicated, with industry support, to the European Commission. That provision will allow us some leeway to define activity in Scotland in due course, once the new policy is in place.
In the context of CAP reform, the United Kingdom Government agriculture minister has said that what matters is that the UK Government speaks for Scotland on the basis of what he terms “shared objectives”. However, unlike the UK Government, Scottish farmers do not support a reduction in pillar 1 funding. Can the cabinet secretary therefore clarify how the Scottish interest can be protected in Brussels when we currently have no seat at the top table?
In the absence of a seat at the top table, I suggest that the first solution is the election of an SNP Government. Thankfully, that happened not too long ago, so we are in the best possible position to try to influence the UK Government and Europe in the interests of Scotland’s farming communities.
I regret to advise Parliament that question 3 has not been lodged.
Water Pollution
Scotland’s river basin management plans include a range of measures to protect Scotland’s water environment from pollution. The Scottish Government is working closely with key stakeholders on the implementation of the plans.
Concerns have been expressed by constituents in Kinglassie in Fife about pollution in the Lochty Burn. Locals have worked hard to improve their local environment and to make it an attractive waterway to the village, but their efforts have been hindered by recent pollution of the burn by iron deposits, possibly from old coal mines. The Scottish Environment Protection Agency is working with the Scottish Coal Company to investigate the issue, but it has been doing so for over a year and we are no further forward. Will the minister raise those concerns with SEPA? Will he ensure that SEPA is adequately resourced and has robust strategies in place to deal with water pollution arising from Scotland’s industrial past?
I say briefly that I am happy to raise the issue with SEPA and to ensure that I am informed on this clearly very important but local issue. On SEPA’s resources, it has become a very effective organisation and the way in which it now discharges its responsibilities means that we probably have better coverage than we have had for many years.
Will the minister join me in welcoming Scottish Water’s best practice incentive scheme, which seeks to protect water supply quality, for example at Loch Ascog on Bute? Could that scheme be extended elsewhere?
I know that Scottish Water takes environmental issues extremely seriously. As Jamie McGrigor does, I very much welcome the publication of best practice, and I welcome the news about what is going on in Bute, of which he has just apprised me. I will certainly look into extension of that scheme to other parts of Scotland.
Question 5 was not lodged, but the member has provided an explanation for that.
Public Bodies Climate Change Duty
Officials in the energy and climate change directorate lead work to co-ordinate the Scottish Government’s own compliance with the duties in part 4 of the Climate Change (Scotland) Act 2009. That includes both operational action and appropriate policy responses, as set out in the guidance that the Scottish Government published in February last year to assist all public bodies in complying with the duties. Particular progress has been achieved in embedding carbon emissions reduction measures across the operation of the estate, and in improving governance, target setting, reporting, public engagement and acting sustainably—for example, through sustainable procurement.
I have looked at the minutes of the public sector climate action group, which the minister chairs, I think. It is stated in those minutes that
I chair that group jointly with the Convention of Scottish Local Authorities environment representative. That representative will be someone new, as the previous one was not re-elected.
How are local authorities performing in contributing to meeting climate change targets? In particular, how is Glasgow City Council performing? Following an Audit Scotland report in 2010-11, that council was shown to have the worst record of all 32 local authorities.
The guidance on public bodies’ duties is very clear, and it applies to all public bodies—including all Scotland’s councils. All the councils, including Glasgow City Council, signed a declaration in 2007 to work on that subject. It is, of course, for Glasgow City Council to determine how it delivers on that aim, but I certainly expect every council and every public body to demonstrate significant progress now. I am disappointed to hear what James Dornan has reported.
Will the Scottish Government undertake an assessment of the overall progress of the public sector under all three parts of the public sector duties? If so, how will that be done and when will the results be published?
We monitor all the activities from the 21 reporting streams under the Climate Change (Scotland) Act 2009. That progress is monitored in significant part through the COSLA and Government joint body, to which I already referred. For the time being, that appears to be the best way of tracking what is happening in local authorities.
Waste Reduction and Recycling (Promotion)
We are driving forward that agenda with a range of measures. Just this morning, I was delighted to help to launch an innovative pilot project across four local authorities to recycle disposable nappies—450,000 of which are disposed of in landfill each and every day in Scotland, believe it or not. It is a staggering figure.
Some local authorities have made significant improvements in their recycling rates, but it is disappointing that the amount of municipal waste that is sent for recycling by others, such as Inverclyde Council, is consistently below the Scottish average, even though they, too, have made steps forward to reach the target that is set out in the Scottish zero waste plan.
The Scottish Government supplies funding to local authorities, and between 2010 and 2013 we are funding zero waste Scotland to the tune of almost £70 million, much of which goes to local authority initiatives the length and breadth of the country. We also give support for individual initiatives. For instance, we gave an additional £5 million this year to support food-waste collections, which I know many members support.
The cabinet secretary knows of the good work that is done by community social enterprises, such as the Dumbarton Road Corridor Environment Trust in my region—Glasgow—where neighbourhood recycling is particularly challenging. What support can the Government give to such groups to encourage greater take-up of recycling?
I am well aware that there are many excellent social enterprises in Drew Smith’s area and elsewhere in Scotland, which help with Scotland’s recycling agenda. Many such enterprises benefit from a range of support, for example through zero waste Scotland’s various funding streams and the climate challenge fund. Members who want to raise specific issues that relate to their constituencies should feel free to write to me.
Canals (Environmental Improvements)
We provide British Waterways Scotland with Scottish Government grant support of £10 million per year. British Waterways works closely with partners across Scotland to make a significant and positive impact. An example is the Helix Trust project, which attracted funding of £25 million from the Big Lottery Fund and transformed around 350 hectares of underused land into vibrant new parkland.
I very much welcome the minister’s answer. In Edinburgh, the Fountainbridge canalside initiative has been formed by local enthusiasts to promote better environmental quality, an urban orchard, allotments and increased biodiversity. What support is available to help such groups to progress their plans and bring them to fruition?
I very much share Sarah Boyack’s interest in canals. In urban settings such as Fountainbridge there are big opportunities to improve the environment by using the canal as an anchor point. Partnership working with British Waterways Scotland, which is well used to working directly with a range of community bodies, is the most appropriate approach.
Seafield Waste Water Treatment Works
In the monitoring year that ended on 1 June 2012, the Scottish Environment Protection Agency received one complaint, Scottish Water received 21 complaints and City of Edinburgh Council received 243 complaints. Many complaints related to a specific incident in March, in relation to which remedial measures have been put in place.
Given the large number of complaints, despite the fact that option A in the odour improvement plan was supposed to take more than 90 per cent of the local community out of the odour zone, and given the particular failure of option A to deal with peaks of solid effluent coming into the plant, does the Government accept that further investment will be required, and is it ready to take account of that in future financial allocations to Scottish Water?
Scottish Water has been receiving some £110 million each year, which is a substantial investment. The most recent odour problems have been caused by a winter that was substantially drier than normal, which led to a build-up. A specific issue to do with incorrect storage of sludge in contravention of the site’s odour management plan has been addressed.
Water Framework Directive
The directive requires member states to have river basin management plans to manage the water environment. We are halfway through the first cycle of producing plans and 63 per cent of Scotland’s water bodies are at “good” status or better.
I welcome the progress that has been made. How will improving water be considered in the context of the review of spending priorities for the Scottish rural development programme?
Improving water quality is one of the key objectives for the next SRDP. Water policy officials are fully engaged in the development process to ensure that we deliver on improving Scotland’s water quality objectives.
Justice and the Law Officers
Dumfries and Galloway Constabulary
The chief constable of Dumfries and Galloway Constabulary is in regular contact with the Scottish Executive to discuss police-related matters.
I am grateful for that response, but I am sorry that the cabinet secretary has not discussed recently what I can only imagine is the frustration of the police over the Scottish Court Service’s inability to enforce compensatory orders.
I am more than happy to discuss the particular matter that Mr Fergusson has raised. I understand that the principle in those situations would be that the executor or executrix would receive the money and the court service would seek to recover it.
Scottish Court Service (Review)
As I explained last week, the series of stakeholder dialogue events organised by the Scottish Court Service on future court structures has now concluded. Those events were held to listen to views on a range of ideas around the efficient use of the court estate and the implications of impending justice reform—including the review of civil justice and jury trials.
The Scottish Court Service consultation is considering the best way to deliver justice as opposed to the wider implications of court closures. If the Scottish Court Service recommends the closure of any town courts, can the cabinet secretary reassure me that their wider contribution to the strength of our communities will also be taken into consideration—for example in jobs, the spend of court staff in each town and the contribution of working court buildings to the sense of place, pride and history in communities that are often ancient market and county towns?
I can absolutely reassure Joan McAlpine on that point. Obviously, the court service has a priority to look at the circumstances relating to the agency and involvement with the courts, but it recognises that these are historic matters. Sometimes things do have to change because our society has changed. I grew up and practised law at one stage when the sheriff court was in Linlithgow; population shift resulted in its being moved to Livingston. These things do not always remain static, but I assure Joan McAlpine that this is primarily a matter for the board. Ultimately, however, any decision it made would have to be consulted upon. It would then have to discuss that with me, and I would have to bring the matter to Parliament. I absolutely assure her that the situation would be viewed in the round, and not simply in terms of bricks and mortar.
Question 3 has been withdrawn for understandable reasons.
Knife Crime (Education Campaign)
No knives, better lives continues to make excellent progress, with our £1.5 million investment now supporting young people in 10 local authority areas across Scotland. Along with record investment in policing, innovative prevention initiatives such as that mean that Scotland continues to get safer. Recorded crime is at its lowest level in 35 years; it is down 23 per cent since 2006-07. Violent crime has also reduced by 19 per cent over that period. The number of recorded offensive weapons crimes is at its lowest since 1997-98.
It is recognised that the Scottish Government takes knife crime extremely seriously, and is making great strides to combat it through initiatives such as no knives, better lives, as has been seen in recent events in Castlemilk in my constituency. However, as has been highlighted by a number of recent attacks in Glasgow, there is clearly still work to be done. Will the cabinet secretary inform me of the further actions that the Scottish Government will take to combat this scourge on our communities?
I thank James Dornan for raising that point. We accept that although progress has been made, there are still far too many incidents that sometimes result in great tragedies not just for individuals and their families, but for entire communities, which is why we continue with our efforts with the no knives, better lives scheme, and why we support Medics Against Violence and the national violence reduction unit, as they investigate how to tackle gang violence.
Last week I met my constituents Sharon Louise Duffy and Leanne Riley from Pumpherston. They have been campaigning against knife crime, following the murder of their friend and relative Jim Tierney. I hear what the cabinet secretary says about sentencing, but what will he say to my constituents, who believe that the new sentencing guidelines are regularly being ignored by the courts?
The judiciary is independent of the office of justice secretary, as Mr Findlay should be aware. I can say that the statistics show that people who carry knives are getting tough and severe sentences—the most severe sentences in the United Kingdom—and that the period of sentences has more than doubled.
Crown Office and Procurator Fiscal Service (Legal Trainees)
The Crown Office and Procurator Fiscal Service recently reviewed the salary levels for legal trainees in order to align with the Law Society of Scotland’s recommended rates. The reviewed rates will be implemented from August 2013, and will be payable to trainees who will commence traineeships from that date. An equalities impact assessment has been carried out.
I confirm to Parliament that, as some members might know, both my daughters are employees of the Crown Office and Procurator Fiscal Service, but neither is directly affected by the issue. I am raising the question separately and independently of them.
The assessment in relation to the trainee rates in the Crown Office and Procurator Fiscal Service to which I referred took into account the commitment to provide traineeships in the legal profession and to live within public expenditure pressures. In considering whether that salary review would impact on a particular group, it was found that the data showed that the people involved were predominantly aged between 21 and 25. To ensure the appropriate continuation of a diverse workforce among the trainees—just as the rest of the COPFS workforce is diverse—a review is on-going in relation to those trainees who will commence in 2013. That will ensure that no one sufferers detrimentally from Crown Office traineeships always being based in Edinburgh, as has been the case in the past.
On access to the legal profession, will the Cabinet Secretary for Justice confirm that he is willing to have discussions with the Cabinet Secretary for Education and Lifelong Learning on extending the eligibility for a maintenance allowance for diploma students to students who are taking the postgraduate diploma in legal practice, to help to stop the increasing elitism of the legal profession?
I am not sure that that was exactly within the terms of the initial question, but I ask the Solicitor General whether she would like to respond.
The question was for the cabinet secretary.
How can I answer, when the initial question was not for me?
I am sorry, Miss Marra, but the Solicitor General answered the initial question, so we will move on.
Antisocial Behaviour
Tackling antisocial behaviour and making communities safer and stronger remain top priorities for the Government. In March 2009, the Scottish Government and the Convention of Scottish Local Authorities jointly published the framework for tackling antisocial behaviour, which is entitled “Promoting Positive Outcomes: Working Together to Prevent Antisocial Behaviour in Scotland”. That followed a thorough review of national antisocial behaviour policy in which we recognised that prevention, early and effective intervention and diversion should be at the heart of the policy.
There is no doubt that the intimidation that is associated with antisocial behaviour heaps stress on local communities. What steps is the Scottish Government taking to consider the use of new technology in the reporting of antisocial behaviour? That would not only be effective in processing such complaints, but would provide transparency to local communities on how the complaints are followed up, which would give vital reassurance that antisocial behaviour is being taken seriously.
James Kelly raises an interesting question. I am happy to undertake to find out what we are doing across the Administration on that. I know that many police officers use Twitter, for example. These things are a matter of balance because, in some areas, there is a digital divide, so Facebook pages or Twitter would not be available to some people.
Fiscal Fines
Within the Scottish Parliament, only the Scottish National Party and the Greens support the kind of constitutional change necessary to allow all the revenue from fines levied in Scotland to be available to the Scottish Government.
I find that quite disappointing. I would have expected other parties in the chamber to support the efforts of the Government and the Green party to ensure that that money is used to fund anti-crime initiatives in Scotland. How does the amount of fine income that is removed from Scotland by Her Majesty’s Treasury compare with that taken from England and Wales?
Excluding a large one-off fine, the Scottish Court Service transferred to HM Treasury a total of £28.6 million of fine income in 2010-11. The accounts of HM Courts and Tribunal Service show that it transferred £113.3 million to HM Treasury in the same period, suggesting that if Scotland transferred the same amount per capita as England and Wales it would be £14 million better off per annum. I note that members of the Opposition have asked for support for the expansion of courts, victim support services and other things; if we in Scotland could access that money, many of those requests could be delivered.
Does the cabinet secretary recognise that over the past four years £4.5 million has remained in Scotland because those fiscal fines have not been collected? Will he press the Scottish Court Service to use the enforcement powers at its disposal to ensure that those fines are paid?
I do not know whether Lewis Macdonald heard my earlier response to Alex Fergusson, but I made it clear to Mr Fergusson that the Scottish Court Service is seeking to do what it can and progress has been made. We do not have any control over the Department for Work and Pensions and it would make things much easier if we had the same direct access to benefits to ensure that those who have received a sentence serve it. Equally, I would love that £4.5 million figure to be dealt with and we will continue to work on the matter. Nevertheless, that sum is significantly less than the £14 million that we are remitting annually south of the border.
Police Officers
The Scottish Government is committed to maintaining a visible police presence on the streets of our communities and we now have the highest number of police officers ever recorded. We will not be implementing the Winsor package, which recommends changes to terms and conditions for officers in England and Wales.
I welcome the cabinet secretary’s response and especially welcome the 7.9 per cent increase in the Strathclyde force, which covers my Glasgow Anniesland constituency. I congratulate the cabinet secretary on the excellent reception that he received at the Scottish Police Federation conference, which stands in direct contrast with the slow hand-clap that Theresa May got south of the border.
Can we have a question, Mr Kidd?
Will the cabinet secretary comment on the difference in the relationship between the two federations and their respective Governments?
I have a great deal of respect for the Scottish Police Federation, welcome my meetings with its representatives and am delighted at its reception for me and other members of the Government. We have not imposed the Winsor package because we believe that it is an attack on the terms and conditions of those who serve in the force; indeed, we ruled out its implementation before Tom Winsor’s review even began. I believe that such a position is justified because of our debt to those who serve.
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