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Chamber and committees

Meeting of the Parliament

Meeting date: Thursday, January 15, 2015


Contents


General Question Time

Good morning. We start with general questions. Question 1, in the name of Paul Martin, has not been lodged. The member has provided an explanation.


Alcohol at Football Matches

To ask the Scottish Government what impact the recent fan zone at St Mirren Park will have on its policy on banning alcohol at football matches. (S4O-03902)

The Minister for Sport, Health Improvement and Mental Health (Jamie Hepburn)

I understand that the fan zone that was set up at the match between St Mirren and Motherwell was located outwith the restricted areas covered by alcohol at football grounds legislation. We have no plans to remove the existing restrictions on alcohol at football grounds.

George Adam

The minister will be aware that, in the St Mirren fan zone, adults were allowed to consume alcohol at the ground before the game. The event passed without incident. A family atmosphere was encouraged, with various sections within the zone, including a play area for younger people. It was enjoyed by most of the fans, including me and my wife, Stacey.

Would the minister support the use of St Mirren as a pilot club to examine the reintroduction of alcohol at football stadiums on match days?

Jamie Hepburn

I am sure that Mr Adam and his wife, Stacey, enjoyed that experience more than he enjoyed the last time that our teams met, when Partick Thistle won 1-0. I thought it important to place that on the record.

Decisions on the specific matter at hand are informed by Police Scotland, which confirmed that, at this stage, it is not minded to seek a relaxation of controls on the selling of alcohol in stadiums at football matches. However, it is engaging with interested parties in reviewing the matter. As a member of the Scottish Professional Football League, St Mirren Football Club is one of the interested parties that would be part of any review.

Hugh Henry (Renfrewshire South) (Lab)

George Adam makes an eminently sensible suggestion. I cannot understand why the minister will not look at a pilot project that encourages football fans to be treated as responsible adults, in the same way that rugby fans are.

Jamie Hepburn

We will always be willing to consider any particular proposition that is put before us, but the position remains that we are informed in these matters by Police Scotland, which has confirmed that, at this stage, it is not minded to seek a relaxation of the existing controls.


Employment Tribunals (Fees)

To ask the Scottish Government whether it will review the impact of employment tribunal fees prior to their proposed devolution. (S4O-03903)

The Cabinet Secretary for Fair Work, Skills and Training (Roseanna Cunningham)

The Scottish Government is concerned that the current fee system unfairly impedes access to justice. In preparing for any new devolved responsibilities, we will want to review the impact that the fees might have.

Kenneth Gibson

Figures obtained by The Herald reveal a 68 per cent fall in Scottish cases—a fall of almost 5,000 cases in the nine months since the fees were introduced. Does the cabinet secretary agree with the Law Society of Scotland that the fees have had a catastrophic impact on claimants and that they are basically a charter for rogue employers?

Roseanna Cunningham

The member might be interested to know that Fergus Ewing, the Minister for Business, Energy and Tourism, wrote to Jo Swinson MP on 24 June 2013 to outline this Government’s opposition to the fees. He highlighted then that, for many people, fees represent an unaffordable risk, regardless of the strength of their case.

There is now a mounting body of evidence that highlights a sharp fall in the number of people bringing cases to employment tribunals, and the Law Society’s statement is clearly based on that evidence. For members’ information, we know that total cases in Scotland reduced by 65 per cent in the three months from January to March 2014 in comparison with the same period in 2013, and that sex discrimination cases fell by 84.6 per cent, race discrimination cases fell by 50 per cent and disability discrimination cases fell by 47.3 per cent. Those figures tell us that a great many people out there are now unable to access the justice that they should be entitled to receive.


Convention of Scottish Local Authorities (Meetings)

To ask the Scottish Government when it last met representatives of the Convention of Scottish Local Authorities and what issues were discussed. (S4O-03904)

The Cabinet Secretary for Social Justice, Communities and Pensioners’ Rights (Alex Neil)

The Scottish Government meets representatives of COSLA frequently to discuss shared policy interests. In addition, the Minister for Local Government and Community Empowerment and I meet COSLA bimonthly to discuss issues of mutual concern.

James Dornan

We know that the political posturing over leaving COSLA has resulted in civil war breaking out among Labour councils. Two of the councils have U-turned on an initial decision to leave COSLA, with West Dunbartonshire Council saying that it wants to

“remain part of the organisation which provides the national voice for local government in Scotland.”

Unfortunately, Glasgow City Council has still not changed its mind about leaving. What does the cabinet secretary consider could be the impact on the people of Glasgow if that Labour council chooses not to follow Inverclyde Council and West Dunbartonshire Council by reconsidering its original decision to leave COSLA?

Alex Neil

Membership of COSLA is a matter for individual councils. At present, all councils remain members of COSLA, and we continue to discuss shared policy interests with COSLA. I would not dare to interfere in internal matters.

Will the Scottish Government consult local authorities, whether they are members or non-members of COSLA, on an equal basis regarding national policy?

Absolutely. We are more than happy to discuss all those matters in a very inclusive manner, as always.


Public-facing Workers (Protection from Abuse and Violence)

To ask the Scottish Government what action it is taking to protect people who serve the public from abuse or violence at work. (S4O-03905)

The Minister for Community Safety and Legal Affairs (Paul Wheelhouse)

All workers, including those who serve the public, deserve protection from abuse and violence. That is why Scotland’s justice system provides for protection for all workers under the common law of assault, threatening and abusive behaviour and breach of the peace. We fully support our police, prosecutors and courts in dealing robustly with people who offend against public-facing workers.

In addition, the Scottish Government provides financial support to the Scottish business resilience centre, which works with employers to put in place measures to help keep members of staff safe from abuse and violence while they are at work.

The Regulatory Reform (Scotland) Act 2014 introduced additional provisions to extend protection to Scottish Environment Protection Agency officers in the conduct of their duties.

Hugh Henry

Those are warm words, but there is no commitment from the minister to actually do anything. There is also some indication of double standards.

Can the minister tell us why the Scottish Government believes—quite rightly—that emergency workers need specific protection and why the Solicitor General believes that victims of domestic abuse need specific protection, yet they believe that workers who are assaulted at work do not?

Paul Wheelhouse

As I outlined in my first answer, we took action in passing the 2014 act to protect front-line workers in SEPA. Hugh Henry’s point about us not taking action and just offering warm words is entirely false. We recognise the issue that he raises with regard to emergency workers.

We supported the Crown Office’s views on the difference between emergency workers and public-facing workers. The Lord Advocate, Colin Boyd QC, took part in 2004 in the parliamentary debates on the bill that became the Emergency Workers (Scotland) Act 2005. He said:

“It is completely unacceptable that anyone should be the subject of assault or abuse at work. We want to make sure that the law is an effective tool in ensuring the safety and welfare of emergency workers and all public service workers. We are prudent to recognise that legislation is not the answer in every case. In some situations the best possible solutions lie within existing law. I am firmly of the view that this is true for the protection of public service workers.”

We take the issue seriously but, as I said, existing laws can be enforced in respect of assault, offensive behaviour and breach of the peace, and that is what we intend to do.


Business Start-ups

To ask the Scottish Government what it is doing to assist business start-ups. (S4O-03906)

The Deputy First Minister and Cabinet Secretary for Finance, Constitution and Economy (John Swinney)

The Scottish Government is committed to providing the economic environment to enable businesses to start up and thrive. Support includes our competitive business rates package; the advice and assistance for entrepreneurship and innovation that is delivered through our enterprise agencies and the business gateway and through other channels; investment in infrastructure; and international assistance.

The latest official statistics from the Office for National Statistics, which were published in November 2014, showed that there were 21,540 new business registrations in Scotland in 2013, which was an increase on 17,385 in 2012. That represents a 23.9 per cent increase over the past year, which takes the business birth rate to a record high.

Jenny Marra

I saw the cabinet secretary’s press release heralding that progress. However, the statistics show a bit of disparity between the main cities in Scotland. Aberdeen, Edinburgh and Glasgow are consistently in the top five for business start-ups, but my home city of Dundee languishes in the bottom third of the table. What additional support will he put into Dundee to encourage economic growth?

John Swinney

I do not know why Jenny Marra is so desperate to consistently talk down achievements in the city of Dundee. There was a 28.8 per cent increase in business start-ups in Dundee between 2012 and 2013. That increase in the business birth rate was higher than that for the whole of Scotland, which was 23.9 per cent, as I have just told Parliament. It is beyond me why Jenny Marra is so determined, question by question, to talk down the achievements of Dundee, which is delivering a faster increase in the business birth rate than the rest of Scotland.

The Government is committed to business start-ups through all the interventions that we make and through the delivery of our enterprise agency support throughout Scotland and the work that the business gateway undertakes. Just this morning, I was at the launch of some new initiatives with the Prince’s Trust, which deploys support to new business start-ups the length and breadth of Scotland, including in Dundee. All of those are measures that the Government will support, and our “Scotland can do” entrepreneurship framework is attracting international attention as a successful strategy in encouraging improvement in the business birth rate—I hope that it will attract support from Jenny Marra in the period to come.

Linda Fabiani (East Kilbride) (SNP)

Does the cabinet secretary agree with me about the importance of small business to all our local communities and does he therefore think that anyone wishing to start a new business should be given every support from both national and local government? Further, does he agree that this is an element of the work of the East Kilbride task force that should be treated very seriously?

John Swinney

Yes. For the reasons that Linda Fabiani has outlined, the Government has prioritised support for small business through the maintenance of the most competitive approach to small business taxation in the United Kingdom: the small business bonus scheme. In addition, the Government works very closely with the business gateway, ensuring that companies in all localities can have access to the support of the enterprise network.

I know that in East Kilbride there have been economic challenges that have had to be addressed by the East Kilbride task force. I certainly hope that due priority will be given at local level to ensuring that every business development opportunity can be taken forward and that what has been an essential part of the business growth environment in East Kilbride and Scotland over many years will continue in the future.

John Scott (Ayr) (Con)

The cabinet secretary will be aware that many personal licence holders in the licensed trade have not had their personal licences renewed recently. That is inhibiting small businesses and is perhaps doing so for business start-ups. Can the cabinet secretary, in conjunction with his colleague Paul Wheelhouse, seek a change in the legislation that is currently denying individuals the right to work in existing and new businesses? It is a huge problem.

John Swinney

If Mr Scott will forgive me, I will explore the issues that he has raised later in some detail. If he writes to me about them, I will certainly ensure that they are given strong exploration. My colleague Mr Wheelhouse is in the chamber and will have heard the comments about the licensing system. We will certainly explore whether there is anything within the responsibility of the Government that can be taken forward. Obviously, licensing decisions are invariably taken at local authority level through licensing boards, but we will explore the issues that Mr Scott has raised with me.


Organophosphates

7. Angus MacDonald (Falkirk East) (SNP)

To ask the Scottish Government what discussions it has had with the United Kingdom Government regarding the Committee on Toxicity of Chemicals in Food, Consumer Products and the Environment’s investigation into the use of organophosphate products by farmers and crofters in the 1980s and 90s. (S4O-03907)

The Minister for Public Health (Maureen Watt)

As background, the Committee on Toxicity published a statement on organophosphates on 13 March 2014 following a comprehensive systematic review of peer-reviewed research on exposure to organophosphates that was published up to September 2013. The review concluded that exposure to organophosphates does not cause significant long-term neurological toxicity in adults. The review took account of extensive research in peer-reviewed journals on the use of organophosphates by those in the agricultural sector and their exposure to them. It appears that independent scientific evidence over many years, including the latest independent statement, which was published this year, has identified no risk to human health from the appropriate use of organophosphates in sheep dip.

To date, the Scottish Government has not had discussions with the UK Government on the issue. However, I would be willing to raise it with my counterpart in the UK Government if substantive new evidence emerged.

Angus MacDonald

I note the minister’s reply. However, she will be aware of the continuing concerns among some farmers, crofters and agricultural workers who were exposed to organophosphates through compulsory sheep dipping and application of pesticides in the 1980s and 1990s. She will also be aware of the calls at Westminster for an independent inquiry into the issue, including full disclosure of any UK Government documents that could shed light on how hundreds of farmers and crofters have suffered ill health over the years. Will she join me in backing those calls, as there are still too many unanswered questions regarding the possible links between exposure to OPs and ill health among the farming community?

Maureen Watt

As a farmer’s daughter, I am well aware of the calls. The issue of the impact of organophosphates on health is complicated and controversial. I understand that there are calls for that down south. As I have said, I am happy to meet the member and indeed other members who may have constituents who believe that they have been adversely affected by organophosphates.

Question 8, in the name of Jackie Baillie, has not been lodged. The member has provided me with an explanation.


Rail Services (Edinburgh)

9. Colin Keir (Edinburgh Western) (SNP)

To ask the Scottish Government what improvements will be made to commuter rail services into Edinburgh as a result of the awarding of the franchise to Abellio, which is due to take effect from April 2015. (S4O-03909)

The Minister for Transport and Islands (Derek Mackay)

The next franchise will build on existing improvements by delivering new trains, enhanced services and improved facilities. In its bid, Abellio recognised the need to increase train capacity throughout the country and it included plans to introduce 70 new electric trains in and out of Edinburgh, which will boost capacity by more than 20 per cent on peak services by 2018.

Colin Keir

The minister may be aware that, over the years, many of my constituents who use Dalmeny and South Gyle railway stations have had to deal on occasion with trains being shortened from six to three carriages, resulting in overcrowding and passengers being left at stations, as well as the regular use of extremely old rolling stock. Will he ensure that Abellio is aware of those past shortcomings and that they are addressed after the April takeover?

Derek Mackay

Yes, I will. To assist, Abellio is obliged to fit 30 per cent of trains with passenger counting equipment, which will allow it to monitor patronage levels more accurately. That, in turn, will enable it to deliver and, through its franchise obligations, to focus capacity in the train fleet. In general, capacity issues are focused on, there are penalties and we will strengthen the relationship with the operator to address any overcrowding and crowding issues that present themselves in the new franchise.

Elaine Smith (Coatbridge and Chryston) (Lab)

Does the minister welcome the Smith commission’s recommendations on more rail powers? Does he acknowledge that postponing the decision on Abellio could have seen improvements via the public sector? What are the prospects now for a public sector-run railway in Scotland?

Derek Mackay

Of course, the Scottish Government has been consistent on having those powers. If only the Labour Party had been consistent on that, maybe we could have made different decisions from the ones that we have. However, we will now enter the franchise in good faith, get the best deal for Scotland and look to our options in future. We will welcome the new powers to Scotland, but if previous and successive Governments had made different choices, we could have done things completely differently.


Rail Services (Disruption to Glasgow to Edinburgh Services)

To ask the Scottish Government what action it is taking to alleviate the planned disruption to Glasgow to Edinburgh rail services in summer 2015. (S4O-03910)

The Minister for Transport and Islands (Derek Mackay)

Network Rail is working closely with ScotRail to ensure that the route electrification work between now and the introduction of the first Edinburgh to Glasgow electric services in December 2016 is delivered with the minimum of disruption to the travelling public and that services and connections are maintained throughout.

Annabel Goldie

We understand that the Winchburgh tunnel will be closed between 13 June and 27 July. Trains will be diverted via Dalmeny and will then have to reverse. Some journeys are expected to take up to 50 per cent longer and some trains may have to be cancelled. In the meantime, thousands of fans will be heading to the open golf championship at St Andrews. Surely First ScotRail, as a matter of urgency, should be contemplating express services and, if appropriate, special golf excursion trains via some of the alternative rail lines between Glasgow and Edinburgh.

Derek Mackay

We will work closely with everyone to try to minimise the impact on the network, but with such a major programme of investment and improvement, some disruption is inevitable. That is why, working with Network Rail and others, the works will take place during the summer months. We will make sure that they stick as close to time as possible and we will work to get information out there and minimise the impact on any national event. We will work closely with the new franchise to ensure that we can support the event that was mentioned as best we can.

The line electrification and wider improvements will be a massive investment. It will involve disruption, but it will be worth it. We will do everything that we can to minimise the impact on the travelling public as we improve rail services right across the country.