SCOTTISH EXECUTIVE
Justice and Law Officers
Scottish Criminal Record Office
To ask the Scottish Executive whether it will supply all the information requested by the Justice 1 Committee in furtherance of its inquiry into the Scottish Criminal Record Office. (S2O-10228)
We have made it clear that we wish to be as helpful as possible to the committee and have already supplied a substantial amount of information. I am in discussions with the convener of the committee to see what further information we can provide that will satisfy the committee, while preserving the important legal principles that I have previously set out.
I hope that the minister agrees that the objective of the inquiry must be to get at the truth. Surely the committee must see all the information that it needs to see. Could the minister consider asking the committee to take the information that is requested from her in private session, so that only committee members are aware of all that information? We must get to the truth in the inquiry.
As I am sure members are aware, and as I set out in my statement some time ago and in the subsequent debate, there are a range of opinions on the issue. The committee's remit is to scrutinise the action plan that SCRO has provided to ensure that we have a fingerprint service that is fit for the 21st century. As I said, I am in discussions with the committee convener. I do not want to say anything further until those discussions have been concluded, but I will be in further contact with the convener in order that we may come to a satisfactory arrangement that allows the committee to have access to the information that it requires.
Knife Amnesty
To ask the Scottish Executive how successful the knife amnesty has been across Scotland. (S2O-10197)
The current knife amnesty in Scotland has raised public awareness and has provided a valuable opportunity for those who carry a knife to change their ways. Formal figures on the number of blades handed in will be available in the coming weeks. I again remind the chamber that even one less knife on the street potentially means one more life saved.
I look forward to the release of the formal figures to which the minister refers.
Marlyn Glen makes a valid point. We know that legislation and the amnesty are not the only solutions to the problem. We must get at the reasons why people feel that they must carry knives. We have consistently made it clear that the notion that someone should carry a knife for protection is at best misguided, and at worst dangerous. A number of initiatives are in place. We hope that the violence reduction unit will take further work into various communities across Scotland. The educational opportunity that Strathclyde police, Glasgow City Council and the East End Community Arts Project in Glasgow offer is a positive example of how the medium of drama can be used to involve young people actively in considering the issues around knife carrying for protection and, I hope, to help them to change their ways.
Like other members in the chamber, I am pleased to hear about all the work that is being done to tackle the problem. Does the minister agree that prevention is always better than cure and that, alongside the efforts to get knives off the streets, we need to stop them getting there in the first place? Will she put pressure on online auction sites such as eBay to ban users from trading in the terrifying array of weaponry that budding psychopaths can buy with a few clicks of their mouse?
I am very aware of the interest that Duncan McNeil has taken in this subject and understand that he has written to eBay. After learning of his interest in the matter, I followed it up, and my understanding is that although eBay does not allow the sale of numerous items, a number of questionable items, including some knives, are still sold. Of course, eBay should behave responsibly. I understand that it has information on its website that makes it clear that it is an offence to sell knives to people under 16 and lists a number of items that are not permitted for sale. I wish Duncan McNeil well in his efforts and I will continue to work with him in that regard.
Judicial Independence
To ask the Scottish Executive whether it accepts the independence of the judiciary. (S2O-10220)
Yes. We believe that judicial independence is of fundamental importance to the protection of individual rights in this country and we try to practise what we preach in that regard. The High Court reforms introduced from April 2005 had the effect of giving judges a greater role in the management of cases. Proposals in the consultation paper "Strengthening Judicial Independence in a Modern Scotland" are also aimed at giving the senior judiciary more responsibility for the disposal of business generally and for the training, welfare, deployment and conduct of the judiciary.
I did not expect the minister to say anything else. Does she agree that the independence of the judiciary is a fundamental principle of our judicial system; that Parliament has responsibility for setting the framework within which judges make decisions about sentencing; and that the public need to believe that the sentence is consistent and commensurate with the crime that has been committed?
Karen Whitefield makes a number of valuable points. As Gordon Jackson suggested during this morning's emergency legislation debate, we have to guard against confusing the independence of the judiciary with the responsibilities of the Parliament. It is, of course, Parliament's responsibility to set the framework, but at the end of the day, judges must make up their minds on individual cases based on all the facts that are placed before them. It would be wrong of politicians to interfere in a way that undermines that principle.
I recognise that the matter of judicial appointments needs to be considered carefully and ultimately legislated on.
As Mr McNulty will understand, I am not in a position today to outline a legislative programme for the coming year. However, he will be aware that mesothelioma sufferers who suffer as a result of the current system, which is not awarding them damages, are of particular concern to me. I give him an assurance that I will look very closely at what it might be possible to do and that I will continue to work with him closely on the matter.
Conviction Rates (Rape and Other Sexual Offences)
To ask the Scottish Executive what progress it is making in improving the conviction rates for rape and other sexual offences. (S2O-10240)
The Crown Office and Procurator Fiscal Service this week published its report of the review of the investigation and prosecution of rape and sexual offences. In the financial year 2005-06, 150 cases of rape were prosecuted and convictions for rape were achieved in 35 per cent of cases. The conviction rates for other sexual offences, where consent is not a pivotal issue, are significantly higher.
I thank the Solicitor General for her reply to my question. Obviously, it had been lodged before she made her statement yesterday, which I think was welcomed by the whole chamber.
I should point out that, with regard to the matter that Parliament discussed yesterday, the prosecution service is independent from the rest of the Executive. It is intended that annual statistics will be kept of conviction rates in cases that have been reported by the police.
Enhanced Disclosure
To ask the Scottish Executive whether it considers that non-conviction information held by the police should be supplied as part of an enhanced disclosure. (S2O-10169)
We must remember that the fundamental principle behind the disclosure process is the protection of children and vulnerable adults. Enhanced disclosures are available only in limited circumstances, including applications for posts that involve working with such groups. As part of the enhanced disclosure process, chief constables have the discretion to provide Disclosure Scotland with relevant non-conviction information for inclusion on a certificate, which allows employers to base employment decisions on conviction and any relevant non-conviction information held by the police.
Does the minister share my concern that non-conviction information—which is quite often referred to as intelligence—has not been assessed by anyone other than chief constables? Does she agree that, unless there are exceptional circumstances, such information should be disclosed to applicants for jobs that involve working with children and vulnerable adults? Will she consider whether disclosing such information to applicants might increase any risks to children and vulnerable adults? Finally, will she think about introducing an appeals mechanism to ensure that this matter is assessed not only by the police?
I am glad that Brian Adam recognises that we must do our best to protect children and vulnerable adults. Of course, in the past, there was much criticism that information had not been passed on and therefore did not show up when the relevant disclosure checks were made. If an individual wishes to challenge information on a disclosure certificate, he or she can write to the chief constable, and there are further controls under the Data Protection Act 1998. I know that Mr Adam has written to me on this matter, and I am happy to provide him with full details, which he can pass on to anyone who has a particular concern.
Justice Policy
To ask the Scottish Executive what overarching measures it is using to monitor the effectiveness of its justice policy. (S2O-10175)
We are taking forward a programme of widespread reform to our criminal justice system that is aimed at targeting the causes of crime; reducing reoffending; modernising the courts and the legal system; and, ultimately, improving the quality of life of communities across Scotland. The Scottish Executive Justice Department undertakes a full programme of analytical work to evaluate the effectiveness of its policies.
What other departments and agencies are working with the Scottish Executive to reduce the overall reoffending rate? How are their contributions measured and evaluated, and which of them is making the most significant contribution?
Mr Mather has asked a number of questions, and I will do my best to provide a clear response.
Domestic Abuse (Security Equipment)
To ask the Scottish Executive what security equipment is available to those who have experienced domestic abuse to allow them to remain in their homes. (S2O-10216)
There is no specific requirement made by the Scottish Executive for the provision of security equipment to those who have experienced domestic abuse. However, significant funding is made available through the community safety award programme and the violence against women fund for use by local partnerships and individual projects, a number of which will make use of personal security equipment such as personal alarms. In addition, there are specific projects that aim to make people's homes more secure.
I am aware of the work by the minister's colleagues to support the establishment of refuges, but on a recent visit to a women and children's unit at West Lothian Council, I was told that if the family home could be made safe, most women would find it easier if they and their children could remain there. Will the minister therefore ensure that local authorities and other agencies are aware of the availability of funds and equipment and, more important, that women are aware that that is an option that could be made available to them?
Local authorities have a responsibility to make people aware of what support is available. Presumably, the women that Mary Mulligan identifies have the support of social workers, and it is incumbent on social workers to ensure that the proper information is made available. There should also be close liaison with the police because it is not simply a question of ensuring that appropriate equipment is installed—where a woman is vulnerable and where there is a potential danger, the police should also be notified. There should be close liaison between social work departments and the police, but the women concerned also need to be given advice and information, and the local police should be made aware that there is a potential risk so that they can respond appropriately.
Sentencing
To ask the Scottish Executive what influence it can have in establishing consistency of sentencing within the judicial process. (S2O-10168)
The independence of the judiciary is a fundamental principle of the Scottish legal system and one to which ministers attach great importance. The role of the Executive and Parliament is to establish an appropriate sentencing framework within which the judiciary operates. The Sentencing Commission for Scotland is reviewing the scope to improve consistency of sentencing and expects to report with recommendations by August. I look forward to receiving its report.
I thank the minister for that response and for the response that she gave Karen Whitefield on a similar question. However, the public perception is that there is not consistency in sentencing and in the way in which the judicial process is being advanced. In accepting the independence of the judiciary, I point to the situation within the Scottish Parliament, where we establish rules and regulations with which the judiciary must comply. What can we do to ensure the justice system has free rein to dispense justice in a way that will receive approval from the public?
That was another interesting question from Mr Gallie. I am glad to hear that he supports and upholds the principle of the independence of the judiciary, but as was outlined in this morning's debate, we have to be really careful here. We cannot have independence of the judiciary when we feel like it, but not at other times. We have to be consistent, which is why it is important that Parliament and the Executive work to set the right framework to reassure the public. It is not just about the sentence that is passed in the court; it is also about managing offenders and ensuring that they are less likely to reoffend. That is why we have introduced such a comprehensive package of measures. I look forward to Mr Gallie's support for the measures that we will shortly introduce to deal with a subject that I know is dear to his heart: the ending of unconditional automatic early release.
Small Claims Courts
To ask the Scottish Executive whether it has any plans to change the threshold for access to small claims courts in connection with proposals for the establishment of a European small claims procedure. (S2O-10199)
The European Union's proposals are not yet finalised but, irrespective of those proposals, there is a strong case for increasing the threshold for small claims.
You're telling me.
I cannot disagree with John Home Robertson's view that an inordinate length of time is being taken to resolve the situation. As he knows, it is not simply a question of small claims. Other complicated matters need to be addressed. We have been trying to find a resolution to the matter, and negotiations with a range of organisations have been taking place in order to seek a potential solution. He also knows that the matter has been raised in the Parliament on a number of occasions—indeed, it was raised before I became a minister—but it has foundered on a lack of parliamentary support. However, I cannot disagree with him about the case for change. It should happen, and I will do what I can to move the issue forward.
Enterprise, Lifelong Learning and Transport
Marine Energy
To ask the Scottish Executive what action it is taking to support the development of marine energy. (S2O-10233)
The Executive is currently consulting on changes that might be made to the renewables obligation in Scotland to provide a source of long-term increased funding for wave and tidal schemes. Changes to the renewables obligation will send a strong signal to developers and suppliers that Scotland is the best location for their wave and tidal projects.
I welcome those two practical and sensible ways forward. I invite the minister to join me in welcoming the Scottish Renewables Forum report, which was published this week. It demonstrates that the Executive's target for the percentage of electricity generated from renewable energy will be met three years early and demonstrates the realistic potential for that percentage to rise to more than 50 per cent, with generation coming from a variety of sources, including marine energy.
I am determined to do everything that I can to make Scotland the renewables powerhouse of Europe. We have incredible renewable resources in Scotland and we have a huge opportunity to become the centre of clean energy in the future. We also have some tremendous companies, which are doing great work on renewables projects.
The minister said that we are already ahead of the Executive targets for renewables. As people in too many rural communities know, however, that has been because of the rush to develop onshore wind farms. There are still a huge number of planning applications and public inquiries in the pipeline that remain to be determined. Does the minister agree that it is long past the time for us to start diverting resources and incentives away from onshore wind technology and into marine technology?
It has always been our intention to ensure that a balance of renewables is promoted. We must see greater momentum in the marine projects that we know about. We want the Pelamis project and other projects around the shores of Scotland as soon as possible. I am confident that, with the incentives that we are currently consulting on, we will have a new renewables obligation in Scotland by April 2007 and the first projects in the water around the shores of Scotland, providing electricity to the grid, by the summer of 2007. That is good news for Scotland and for clean energy, and it is great news for the companies involved and for the economy of Scotland. The jobs that could be created through renewables and clean energy are significant.
As the minister is keen to do anything to support the development of marine renewables, will he seek full powers over energy development for the Scottish Government? Specifically, will he tell Parliament how soon he expects to see the current Highlands and Islands Enterprise study into the provision of undersea interconnectors to enable energy from marine and land-based renewables from the northern and western isles to reach the urban markets?
The Executive has significant powers in relation to renewable energy and it is the Executive that granted the consents for the renewables projects that have taken us so far towards our targets—certainly, for the bigger projects. We want to do more, and the Executive has helped Highlands and Islands Enterprise to fund and promote the study that is now being done. That has been broadly welcomed. I want the whole issue of an offshore grid to be considered carefully, as we will hit grid infrastructure constraints. I would like to see that report in relation to the northern isles as soon as possible.
Bus Services (Rural Public Passenger Transport Grant Scheme)
To ask the Scottish Executive whether it is satisfied with the effect that the rural public passenger transport grant scheme of the rural transport fund is having on the provision of rural bus services. (S2O-10239)
Yes. More than 400 new and improved rural public transport services have been introduced under the scheme. Those are mainly bus services, although some ferry services have also been supported. Related facilities such as bus shelters have also been provided in a number of areas.
Does the minister recognise that, although some 30 per cent of households in rural areas have no access to a car, only £6 million—0.6 per cent of the transport budget—goes to the rural transport fund? I welcome the increases that there have been in the budget over recent years. Does the minister agree that lack of access to transport leads to social exclusion and that rural Scotland deserves better bus services, which requires a greater share of Scotland's transport budget?
As someone who lives in a part of rural and island Scotland, I know that it is not just about bus services. I always work hard with local authorities and other organisations that have a role to play in the provision of bus services, which we ensure through several funding formulas. Mr Ballance will appreciate that the funds to which he refers are not the only investment that we make in rural transport in peripheral areas and across local authority boundaries. Particular forms of finance are provided in those ways. He will know that, in Dumfries and Galloway and the Borders, there are 27 community transport projects that are assisted by such schemes. We would be happy to consider, through the national transport strategy, other aspects of the development of the policy. However, at this time, I am focused on ensuring that we achieve the most useful forms of transport investment to make transport provision as accessible as it can be.
Is the minister aware that there is a particular problem in relation to early-morning bus services? I have come across quite a few cases of young people being unable to commute to the nearest town either to partake in further education or to take up a job that has been offered to them. What emphasis, if any, is the minister's department placing on that kind of service, which is vital for the economy and especially for young people who want to get education or jobs?
I agree that the provision of such services is important. The bus route development grant has a mechanism to allow local authorities to access additional funding to provide services that the commercial sector does not currently provide. I would be happy to consider any examples that Mr Morgan has of areas of Scotland where there are gaps in provision. I take his point that, for young people and an active workforce, we need the best possible range of public transport services. Indeed, that is why we have the bus route development grant.
Scottish Planning Policy 16
To ask the Scottish Executive what review its Enterprise, Transport and Lifelong Learning Department has undertaken of the impact on employment of Scottish planning policy 16 on opencast coal, in light of the comments by the Deputy Minister for Communities at the meeting of the Communities Committee on 9 March 2005. (S2O-10185)
My colleague the Deputy Minister for Communities has given a commitment to monitor the impacts of Scottish planning policy 16. Impacts are being assessed through the scrutiny of planning applications that are notified to the Executive. I have met industry representatives to discuss those preliminary assessments and other matters, and I am scheduled to meet the Deputy Minister for Communities later this month to consider these issues further.
Since the Deputy Minister for Communities made comments on 9 March 2005 to the effect that if SPP 16 resulted in job losses and a decline in the opencast mining industry, the whole matter would be "put under review", there have been 223 job losses. Between 1 April 2005 and 16 June 2006, 18 miners lost their jobs in New Cumnock, 21 did so in Muirkirk and 23 did so in Cumnock. Across Scotland, 223 miners have been dumped on the dole. Will the minister give a guarantee that the review of SPP 16 that was promised will now be urgently brought forward within a tight timescale? In addition, will he comment on the need to introduce an SPP 16 presumption against consent for any new nuclear power developments?
Minister, I think that we will stick to the opencast coal.
I welcome Mr Sheridan to the debate on opencast coal. It must be a relief from the open warfare that he is considering in the Scottish Socialist Party.
As members will know, I chair the informal all-party coalfields group in the Parliament. I look forward to welcoming Mr Sheridan and his party to their first meeting with that group. Does the Deputy Minister for Enterprise and Lifelong Learning accept that coal will be vital as part of our energy mix for the foreseeable future, not least for its potential for clean coal technology? Does he further accept that we must do all possible to ensure that indigenous coal is used and produced, while recognising community sensitivities? Will he accept from me an invitation to a future meeting of our coalfields group so that we can discuss this issue in some detail?
Yes, yes and yes. I cannot emphasise enough our commitment to having a diverse range of energy sources to provide for our future electricity-generating needs. I believe that coal will continue to play an important part in the diverse range of supply. I would refer the member to the Executive's response to the United Kingdom energy review, in which we placed great emphasis on the future role of clean coal and, in particular, on our desire to see a clean coal demonstrator here in Scotland. I would certainly be pleased to take up Christine May's invitation to attend the next meeting of the coalfields group.
I, too, welcome Tommy Sheridan's interest in events in my constituency, although I wonder why Rosemary Byrne is not asking the question. Redundancies are happening at sites that have operated for some time in my constituency and they are not related to SPP 16. What steps will the minister take to support the affected workers to secure alternative employment and ensure that, within the coal industry, training is given to allow people to get into other jobs? Furthermore, will he ensure that people do not advance false arguments about serious issues such as redundancy when SPP 16 did not even affect the opencast sites concerned?
The latter point is a very good one and I re-emphasise it. Planning policy is but one matter that companies consider when they decide whether to invest in future employment. There are many more important areas that require their attention, not least contracts for supply to the major electricity generators, which are the primary driver of employment in the industry.
Bus Services (Transport (Scotland) Act 2001)
To ask the Scottish Executive whether the powers established under the Transport (Scotland) Act 2001 have been used effectively to improve bus services for passengers across Scotland. (S2O-10209)
The Transport (Scotland) Act 2001 gave transport authorities additional powers to improve bus services in Scotland. After a prolonged period of decline, bus passenger numbers have increased in each of the past six years. The total increase is in the order of 10 per cent. However, more needs to be done and, as part of the consultation on the development of the national transport strategy, I have asked my officials to carry out an overview of bus policy.
The minister's reply is encouraging. Is he aware of the anxiety that exists across the south of greater Glasgow about access to acute hospital care? Is he also aware of communities such as Uplawmoor in my constituency that have no rail stop and no regular bus service after 6 pm? Does he agree that if we are genuinely to get people out of their cars and allow young and old alike to access the concessionary or free travel that is now available to them, now is the time—with the establishment of the new regional transport partnerships—to push for greater use of the existing regulatory powers or consider further regulation of bus services?
Kenneth Macintosh makes a number of important points. Discussions on the provision of primary care services and their accessibility for local people are taking place with my colleague the Minister for Health and Community Care.
Institute of Life Sciences
To ask the Scottish Executive what discussions it has had on whether an institute of life sciences should be established in Scotland. (S2O-10195)
Ministers and officials have had some correspondence and preliminary discussions since 2004 on the concept. The Scottish Science Advisory Committee is currently arranging a further meeting on the matter, which I hope to attend.
None of the three medical research institutes, in which much of the leading scientific research takes place, is based in Scotland. If established, a Scottish life sciences institute could play a key role in attracting and retaining the best scientists and act as a magnet for scientific excellence. Scotland has extraordinary scientists and clinicians. The institute could help them to achieve the full potential of their talents. Will the minister give a commitment that either he or the First Minister, or preferably both, will meet the Scottish Science Advisory Committee, the Association of the British Pharmaceutical Industry and me to discuss the proposal to establish the institute?
I am pleased to give the member that assurance. I agree that Scotland has an excellent and internationally renowned life sciences sector. As Mrs Eadie said, we need to do all that we can to build on that. The concept of the life sciences institute is a bit undefined at present and we do not have a clear case for its establishment. However, I would be pleased to meet the member and the advisory committee in due course to discuss the proposals.
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