Official Report 334KB pdf
14:04
Sale of Vaping Products (Local Authority Powers)
To ask the Scottish Government what additional powers it considers local authorities require to enforce legislation relating to the sale of vaping products effectively. (S7O-00212)
The Scottish Government is engaging with the Society of Chief Officers of Trading Standards in Scotland, trading standards and Police Scotland to assess the effectiveness of current enforcement mechanisms for the sale of vaping products. As part of that, a number of areas have been highlighted, including whether trading standards should have access to the closure order mechanisms that are available in England and Wales and whether the current banning order regime could be strengthened.
What representations have been made to the United Kingdom Government regarding the introduction of a UK-wide licensing scheme for vape retailers and manufacturers, particularly in the light of any implications under the United Kingdom Internal Market Act 2020?
The consideration that was given to powers for a licensing scheme as part of the Tobacco and Vapes Act 2026 included the needs of enforcement authorities alongside the administrative burden and costs of a licensing scheme for local authorities and small businesses. Engagement was undertaken with a range of stakeholders, including trading standards and industry bodies, and there was broad support from stakeholders in Scotland for retaining and developing Scotland’s current registration system instead. We will continue to work with the UK Government on the powers to establish a product registration scheme.
I call Helen McDade to ask a supplementary question.
I ask the First Minister, considering that there is a public inquiry into NHS Tayside’s practices that allowed Sam Eljamel to butcher patients over nearly 20 years and another public inquiry into NHS Greater Glasgow and Clyde’s inability over many years—
Sorry—that is not related to general questions. I think that you are thinking about the question that you submitted for the First Minister. I thought that you had a supplementary to the question about vaping that Colin Beattie asked.
I am sorry, Presiding Officer.
No problem. I call Julie MacDougall to ask question 2.
Presiding Officer, I want to ask a supplementary to question 1.
Right—we were not sure. We thought that you had pressed your button early to ask question 2. I am happy to take a supplementary to question 1.
Is that okay?
Yes, of course.
Thank you. Last week, the BBC reported that more than 30 vape shops across England and Wales were forced to shut due to having links with the black market. What number of vape shops in Scotland have been forced to close for the same reason? Have those enterprises also been used for wider criminal activity such as money laundering or visa fraud?
I will have to come back to the member on that specific question, because I do not have the number to hand. The decision was made to retain the current registration system at a local level and to continue to understand how it could be improved. We are also taking a decision on non-domestic rates for vape shops to really understand how we can use that tax for social good and have businesses that act for social good. I will write to the member on the specific question about the number.
United Kingdom Register of Licensed Sponsors
To ask the Scottish Government whether it will assess the potential economic impact on Scotland’s labour market of recent updates to the UK register of licensed sponsors. (S7O-00213)
Scotland’s demographic challenges reinforce the need for migration policies that meet our distinct workforce needs, and I have renewed our offer of engagement with the United Kingdom Government on tailored Scottish migration routes. The UK register of licensed sponsors, which is the Home Office list of organisations that are approved to sponsor overseas workers, is updated regularly to reflect changes affecting sponsors or the immigration rules.
We continue to assess the impact of the UK immigration system on Scotland’s economy. Scottish employers that are interested in sponsoring overseas workers to fill gaps can contact Scotland’s Migration Service for advice.
Recently, I looked through the Fife entries in the updated list of sponsors. I was shocked that many businesses across Fife are bringing in workers to cover entry-level roles in shops, restaurants and food delivery services. Can the minister clarify whether the Government thinks that it is fair for so many entry level and starter jobs to be taken up by migrant workers when those roles are desperately needed by many young, struggling Scots?
As I set out in my original answer, I remind the member that those operational matters are reserved and are within the purview of the Home Office. Therefore, it is not something that I or any other Scottish Government minister has direct authority over. On the general point, I hope that the member has had the opportunity to engage with businesses and would recognise some of the challenges that exist in many parts of Scotland.
We seek to do all that we can to support young people in Scotland into work, and a lot of engagement is taking place between me, the Cabinet Secretary for Economy, Tourism and Transport, and the new Minister for Innovation, Technology and Tertiary Education, Alyn Smith, on that particular area. I hear from employers across hospitality, the food sector and social care about the absolutely vital contribution that migrant workers make.
Given that our population growth is entirely dependent on inward migration, it speaks to the need to have an immigration system that is tailored to Scotland’s needs. If the UK Government is not willing to devolve those powers to the Scottish Parliament, it should engage with Scottish ministers constructively. The matter is of vital economic interest to us all.
The minister has partly answered my question. Does he agree that the UK Government’s hostile visa system fails to reflect Scotland’s workforce needs and that, due to its fear of Reform UK in England, the Labour Government is openly undermining our efforts to recruit doctors, nurses, care workers and support staff?
David Barratt makes an important point. It comes back to the fundamental issue that the UK’s migration system is, ultimately, based on UK averages and does not recognise the specific challenges that we face in Scotland. I reiterate that the Scottish Government’s position is that all powers should be with this Parliament and that, even in the context of devolution, Scotland should have powers over migration. If the UK Government is not willing to consider that, it should at least work with us to allow for tailored routes into Scotland. That is not novel in an international context; we see it in other jurisdictions and it would respond to the acute labour shortages that we face.
We will continue to do all that we can, through our education and skills system, to ensure that there is a pipeline of labour to support Scottish industry, but we cannot escape the demographic challenges that we face. That is why it is an economic imperative that we have a migration system that responds to the needs of Scottish businesses.
Vape Retailers (Regulation)
I draw members’ attention to my entry in the register of members’ interests. I am a sitting member of West Lothian Council.
To ask the Scottish Government what action it is taking to strengthen regulations relating to vape retailers and the sale of vaping products. (S7O-00214)
Under the Tobacco and Vapes Act 2026, it will be an offence to offer vaping and nicotine products for a nominal price or free from 29 October. There will also be a ban on advertising those products from June 2027. We have launched a four-nations consultation on the packaging, appearance and display of tobacco and vapes, which will close on 2 October. Proposals include restricting vape displays in line with tobacco products, introducing plain packaging and limiting flavour descriptions to simple, factual terms.
In my constituency, there has been a noticeable increase in the number of vape shops on high streets in recent years. Given the enforcement measures, advertising restrictions and business rate changes that are planned, how will the Scottish Government evaluate whether those actions are successfully reducing youth vaping and addressing concerns about the concentration of vape retailers? What further action might it consider if those trends persist?
The tobacco and vaping framework has a range of indicators that allow us to track reductions in youth vaping over time, including through Action on Smoking and Health’s smoke-free GB youth survey. As part of the next tobacco and vaping framework implementation plan, we are considering what further restrictions will be needed on where such products are sold. We are also consulting on further actions to tackle youth vaping as part of the four-nations Tobacco and Vapes Act 2026, including restrictions on the packaging, appearance and display of vapes.
Cap on Essential Food Prices
To ask the Scottish Government whether it recognises that the provision for real-time adaptability in its proposed cap on the price of essential food items could lead retailers to withdraw entire product ranges. (S7O-00215)
Through our public consultation and events such as the fair food summit that was held last week, we are engaging closely with stakeholders from across the food supply chain to understand potential impacts arising from the proposed cap, including concerns about product availability. Future decisions will be taken following careful consideration of the evidence and stakeholder views that were gathered during the consultation.
I thank the minister for his response, but I ask what contingency planning the Scottish Government will be taking for the inevitable empty shelves that its system of price controls will lead to, or will there be positive Scottish National Party spin for breadlines in Scotland?
I want to provide the member with assurance, because I think that this is the second time that he has raised that issue with me. I am engaging extensively right across the food system. Following First Minister’s question time today, I will be away to meet a food producer in East Lothian. Later this week, I will be engaging with members of the wholesale community. That follows on from extensive engagement that I have had over the summer and that I will continue to have.
I want to assure the member, and all members across the chamber, recognising the strong interest in this policy proposal, that we will be engaging thoroughly through the formal consultation and the engagement that I will take forward. I encourage the member to submit a formal response to the consultation. I very much look forward to considering and reflecting on his informed opinions on the matter.
In the light of the economic challenges that Scotland’s farmers already face, what assurances can the Scottish Government provide that the proposed cap on food prices will not result in additional cost pressures being passed down the supply chain to farmers?
The member raises an important point. We have been clear since the inception of that policy proposal that protection for consumers cannot come at the expense of an impact on food producers. Our farmers, all of whom are involved in our food production system, play a role that is integral to our way of life and our economy in Scotland. We are committed to the close engagement that we are having, through the consultation and the other engagement that will be part of the process, so that we understand fully all potential risks and can identify how they can be mitigated.
Again, I want to reassure the member that no final decisions have been taken. We will consider the outcome of the consultation very carefully. Any proposals that will be brought forward will be consistent with the principles that we have set out—
Thanks, minister—
—to protect and support consumers and to ensure that producers are protected as well.
Will the minister talk to the Confederation of British Industry about the hare-brained food price cap proposal, including its chief executive, Rain Newton-Smith, who told an event in Glasgow last week that the scheme “won’t work”?
I recognise that there is a range of opinions, and it is important that there is an opportunity in the process for people to set out their views. I am absolutely committed to taking forward a robust and consensual approach to policy development. I welcome the opportunity to engage with all members of the wider business community, particularly those who are involved in the food system in this country, so that we can learn from their expertise and insight and develop a response to this issue, on which we share an interest, as there is consensus on the need to protect consumers, particularly those who are feeling the costs of food inflation most acutely.
A96 Fochabers Bridge
To ask the Scottish Government what consideration it has given to compensating businesses in Fochabers and Mosstodloch in light of delays to the completion of works at the A96 Fochabers bridge. (S7O-00216)
I certainly sympathise with those in Fochabers who have learned that the works will continue into November. I understand their frustrations in that regard. Those are essential works.
There is no statutory funding in place, as Mr Eagle is all too well aware. However, I can assure him and people in the local area that every effort is being made to ensure that the works are completed as quickly as possible.
I believe that the delays to those works mean that they will now go into December, and, as the cabinet secretary will know, they are on a critical part of the A96. The problem is that some of the affected local businesses—which are quite small—buy stock months in advance. The works have put huge financial pressure on them over the last few months, and they are now worried about what will happen next year.
If compensation is not possible, will the cabinet secretary look into reviewing guidance to ensure that notification occurs as early as possible when there are such works in the future?
Clear and consistent communication with the public in that respect is essential. I know that Mr Eagle’s comments will be heard by Amey and colleagues in Transport Scotland.
It is important for the chamber to recognise and understand that there are in excess of 2,000 bridges on our trunk road network. Putting in place a compensation mechanism, to which Mr Eagle initially alluded, would not be proportionate or practical. However, I can certainly take away his suggestion on improving communication with local businesses.
I was pleased to meet the cabinet secretary last week, and he will recall that we discussed the roadworks on the Spey bridge when we met. As he set out, those works are essential, but he recognises the disruption and the impact that the closure is having on businesses and the community around Fochabers and the wider area. Can he assure my constituents that Transport Scotland will work with Amey to explore all options to expedite the works, including weekend and evening works on the bridge?
I first thank Laura Mitchell for her continued efforts to ensure that her community’s voices are heard in respect of the desire to see continuation of the work on the A96 dualling, which is incredibly important.
We discussed the Fochabers bridge last week, and I can offer her the reassurance that, as I understand it, work on alternate weekends is being taken forward. Work is also already taking place overnight.
It is important that that work is concluded as quickly and as swiftly as possible. The work is essential to ensuring the safety of the bridge and road in the long term, but I recognise the impact that it is having on the member’s constituents.
PISA 2026 Statistics
To ask the Scottish Government what its response is to the 2026 programme for international student assessment statistics. (S7O-00217)
There are results to welcome in Scotland’s PISA 2025 results, notably that Scotland performs significantly above average in four of the five measured domains and that there is very welcome evidence of a weakening between socioeconomic disadvantage and PISA attainment. I welcome those results, alongside strong indicators of wellbeing, belonging and self-directed learning.
However, I am also very clear-eyed about the need for improvement. Reforms that are already under way include the curriculum improvement cycle and our national approach to ending mobile phones in the learning environment, as well as the unique opportunity offered for improvement by the First Minister’s public sector reform agenda. They will all be taken forward.
The facts speak for themselves. Scottish kids remain a year behind their English counterparts in mathematics and science—that is a fact. If the Government spent less time crafting political spin and faced up to the reality that fewer kids can read, maybe we would get somewhere.
The cabinet secretary will be aware that Glasgow City Council has engaged primary school teachers for intensive reading lessons with secondary school pupils who can barely read in their mother tongue. What discussions has the cabinet secretary had with Glasgow City Council about that initiative and with the Convention of Scottish Local Authorities and other local authorities regarding the possibility of extending that programme to help pupils across the country to read?
There are a number of things that I should like to say to Jenny Young about her hyperbolic contribution to these sensitive matters.
First, as she is a former teacher, I might have thought that she would have thought a little bit harder about how the Organisation for Economic Co-operation and Development instructs us to understand PISA. It states:
“PISA provides an important source of evidence on educational outcomes and experience, but it should not be viewed in isolation.”
I ask Jenny Young to consider what the OECD states in that regard.
In respect of reading, I would also like to point her to the evidence in this year’s PISA statistics that demonstrates that the link between socioeconomic disadvantage and reading attainment against PISA is weaker than it has ever been in any previous cycle. That is evidence that teachers and education professionals across this country, aided by the Government’s support for the Scottish attainment challenge, are weakening the link between poverty and poor attainment throughout Scotland.
In a year in which a record number of 18-year-olds have secured a place at university, including a record number of acceptances among the most disadvantaged young people, it is important that we recognise our progress.
During freshers week this month, I was speaking to students at the University of Glasgow who were starting the next chapter of their lives. It was a real reminder of the opportunities that education can open up. I did not have the opportunity to attend university.
This year’s exam results show a narrowing of the poverty-related attainment gap, as well as improvements in areas within PISA. Will the cabinet secretary outline how efforts will be targeted to go even further?
I strongly welcome that contribution, because it offers the perspective that the OECD instructs us to take when considering PISA: not to allow it to be the one lens through which we judge the entire education system, but to be clear minded about what it tells us about the state of play across Scotland. We are, therefore, absolutely right to highlight the fact that, according to Universities and Colleges Admissions Service data this year, a record number of young Scots are going on to university and a record number of those come from our most disadvantaged backgrounds. That is equity and excellence in practice, and it is what we will continue to pursue in Scotland’s education system.
Sewage Spills (Highlands)
To ask the Scottish Government what action it is taking to reduce sewage spills across the Highlands. (S7O-00218)
Investment in the public sewer system is an operational matter for Scottish Water, with plans set out in its “Improving Urban Waters—Route Map”. Across the Highlands and Scotland as a whole, Scottish Water is using monitoring data and modelling to better understand overflow performance and optimise how its infrastructure operates.
In the past 20 years, £2.7 billion has been invested by Scottish Water in improving and maintaining Scotland’s public sewer system and infrastructure. Overflows are an integral part of Scotland’s sewer networks, ensuring that sewers do not back up and flood homes, streets and sewage works during periods of heavy rainfall.
This summer, young members of the North Shore surf club in Thurso wrote to me to warn that their lessons had stopped because they feared the impact of sewage on their health. Kellan, aged 11, told me that sewage is making them all feel really sick.
Scottish Water data shows that sewage was dumped into our waters more than 100,000 times last year; however, because of a lack of monitoring, the actual figure could be much higher. Will the cabinet secretary therefore listen to my constituents, commit to a clean water act and finally take seriously the monitoring and regulation of our waters?
I understand the public’s concerns when there are issues where swimming has resulted in sickness. It is important that people understand that, when they take to the waters, whether it be for swimming or surfing, they should take heed of the advice that is given at the time and in much of the signage. It is important that they do not swim after heavy rainfall, for example, because that can mean that water is contaminated by run-off from fields.
However, 80 per cent of Scotland’s water environment is already assessed by the Scottish Environment Protection Agency as being of high or good quality, and the majority of bathing waters in the member’s constituency are rated as excellent.
Calls for arbitrary spill reductions need to recognise that monitoring is not investment in infrastructure. Scottish Water is prioritising investment in the infrastructure, which means that our water is cleaner as it is discharged. The function of combined sewer overflows is to prevent the flooding of properties after heavy rainfall. Monitoring more of those will mean not that less water is discharged into our watercourses but that we are taking money away from investment in the infrastructure.
The Kinghorn community in Fife is faced with losing its bathing water designation because of sewage pollution on the beach. That case is to do with not sewage overflow but faulty household connections, which are discharging sewage on the beach. Does the cabinet secretary recognise that as an increasing problem across Scotland, and does she believe that better building standards enforcement is required when new builds are connected to the sewage network?
In addition, I echo David Green: we need a clean water bill in Scotland to deal with that issue and many others that affect our coasts and beaches.
Be brief, cabinet secretary.
I was pleased to have a meeting last week with SEPA and Scottish Water, along with the constituency MSP David Torrance, on the Kinghorn situation. A great deal of work is going on to find the sources of the water that is going into the burn.
Those organisations have been able to carry out a number of interventions, but they have not been able to find out some of the sources. Part of the issue has been due to misconnections, and I take the member’s point that, when new builds are happening or, indeed, when there is maintenance to existing buildings, we need to make sure that there are standards to be adhered to—as there already are.
“Capercaillie Emergency Plan 2025-2030”
To ask the Scottish Government whether it will provide an update on its work with partners regarding the delivery of the “Capercaillie Emergency Plan 2025-2030”. (S7O-00219)
More than 25 partners continue to work across the Cairngorms national park to improve habitat and reduce predation and disturbance affecting capercaillie. The NatureScot-chaired scientific advisory group brings together scientific expertise from nine organisations to assess the effectiveness of actions delivered through the capercaillie emergency plan. It oversees the research and monitoring and uses emerging evidence to inform adaptive management.
At a meeting last month, the group reviewed the final draft of the research and monitoring plan, which aims to measure the impact of the action plan, and that document will be published shortly.
Although some efforts have had a great impact, there are still visitors who are unaware of conservation efforts and may inadvertently put that incredible species at risk. How is the Scottish Government assessing the balance between the outdoor access code and the urgent need to protect biodiversity efforts, including preventing sensitive capercaillie lekking sites from being disturbed?
That is a fair point. Reducing disturbance to the species is a key part of the Cairngorms national park partnership plan. For capercaillie, that is supported by the Lek It Be communication campaign and by the patrolling of rangers in the national park. There are more than 100 rangers and volunteer rangers in the park, part of whose work is to reduce disturbance.
One of the key principles of the Scottish outdoor access code is caring for the environment. That includes avoiding intentional or reckless disturbance to sensitive conservation species such as capercaillie, their breeding sites and their habitat.
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Cathie Craigie