SCOTTISH EXECUTIVE
Justice and Law Officers
Bail (Offences)
To ask the Scottish Executive what action it is taking to protect the public through reducing the number of offences committed by people already on bail. (S2O-7122)
There is clear public concern, which ministers share, about the frequency of people reoffending on bail. We asked the Sentencing Commission for Scotland as one of its first priorities to review the use of bail and remand; its report was published in April. Where we need to legislate to tighten up the procedures, we will do so. We have made provision to pilot electronic monitoring as a condition of bail in murder and rape cases. That is a significant tightening of the previous law, under which bail could be granted for those who were convicted of murder or rape without any such additional safeguard.
Is the minister aware of the case of one of my constituents, a young woman who was stabbed? The alleged attacker was not held but was given a court date without even being asked for bail. I realise that the minister cannot comment on a current case, but she will appreciate that that experience was very upsetting, especially as, two weeks after the incident, the young woman was confronted by her assailant, who was drunk in a street in Glasgow.
Clearly, it would not be appropriate for me to comment on the specific case, especially if it is still to be dealt with through the due process of the courts. However, I can say that we are concerned to ensure that, as a general principle, we take every possible step to make the conditions of bail clear to people. If there are particular circumstances associated with that case, the member may wish to write to me or to the law officers so that the matter can be looked at more closely. As I said, we intend to tighten up the legislation. I would be concerned whenever someone who had been a victim was faced with the alleged offender at a later point in the proceedings and a further offence was committed.
Knife Crime
To ask the Scottish Executive when its five-point plan to tackle knife crime will be implemented. (S2O-7139)
We are determined to rid Scotland of its unacceptable record on the use of knives. We will legislate on three of the five points in the proposed police bill, which will raise the minimum age for the purchase of a knife to 18, double the sentence for possession to four years and strengthen police powers of arrest. We intend to consult soon on the other two points—restricting the general sale of non-domestic knives and licensing the sale of swords.
Does the minister agree that knife crime and the knife-carrying culture are a major problem in Scotland? Is she aware that, in the region that I represent, local papers report serious incidents involving knives every week? Given the fact that the action plan was announced by the First Minister in November, does she acknowledge that the delay in introducing the bill, which should be a priority, is totally unacceptable?
I am not sure whether the member has paid any attention to the fairly numerous comments that I have made on the subject in the chamber, both in debates and in answer to parliamentary questions. It is absolutely unacceptable that we continue to have such a problem with knives and other weapons being used on the streets of Scotland. That is why we are determined to do something about it and that is why the action plan was put in place.
Environmental Crime (Fines)
To ask the Scottish Executive what the average fine was for an environmental crime in 2004. (S2O-7174)
The latest available statistics are for 2003. Environmental crime is a term that covers many types of offence, from litter offences, for which the average fine was £84, to failures to comply with or contravention of enforcement or prohibition notices, for which the average fine was £8,000.
Of the environmental crime cases that the Scottish Environment Protection Agency reports to the procurator fiscal, has the proportion that result in prosecution increased since the employment of the specialist environmental procurators fiscal?
I cannot tell the member whether there has been an increase in relation to the cases that SEPA reports to the procurator fiscal. However, he is right to point out that we have a network of specialist environmental prosecutors who work closely with SEPA in the preparation of cases—they have been working particularly to ensure that the evidence required by the courts is presented to the procurator fiscal to maximise the number of successful prosecutions.
In the area of wildlife crime, is the Lord Advocate content that the sentences that are handed down after guilty verdicts are high enough, especially given the number of cases in which, as the newspapers report, disturbingly low fines are levied for very serious offences?
The penalty that is imposed for any crime is a matter for the courts. However, we have of course increased the penalties that are available to the courts, including imprisonment under the Wildlife and Countryside Act 1981. Although I cannot think of a case off the top of my head where that sentence has been imposed, the penalty is now available to the courts.
The availability of procurators fiscal with specialised training in environmental criminal matters is a welcome step forward. In answer to a question that I asked about the introduction of environmental courts, Ross Finnie indicated that the Executive was considering how different jurisdictions deal with environmental matters. Will the Lord Advocate commit to publishing the outcome of that work and can he say when that might happen?
It is too early to set firm dates for the publication of any proposals, but we shall, of course, publish the outcome of our considerations on environmental courts. I hope that we will be able to do so either later this year or early next year.
Questions 4 and 5 have not been lodged. The Presiding Officers will be considering the incidence of questions that are not lodged.
Offenders (Employment)
To ask the Scottish Executive what steps are being taken to ensure that each person who has completed a custodial sentence has the best opportunity of becoming legitimately economically active and what mechanisms are in place or are planned to record their employment status. (S2O-7161)
I am sure that we all recognise the importance of helping prisoners to develop the skills that they need in order to find jobs when they leave prison. The Scottish Prison Service is working with several agencies to help to improve the quality and range of opportunities that are available to prisoners. The SPS works closely with Jobcentre Plus and, as part of its role, it records the employment status of prisoners. Last week, I formally opened the new hub facility at Edinburgh prison, where I saw for myself prisoners being given the chance to attend a range of courses that will provide them with relevant skills.
What targets will be set so that we can monitor progress over time?
We will have to consider those issues in more detail. One of my concerns is that approximately 50 to 65 per cent of people who are currently in the prisoner population lack functional literacy and numeracy. Therefore, we must take account of the educational targets that are set for the Prison Service, as well as the other targets. As members will be aware, the Prison Service has undertaken to make a number of changes to ensure that, as well as vocational education in some of the more traditional trades, prisoners can also be given the opportunity to gain the communication skills and people skills that they will require if they are to move into the world of work. I will, of course, keep the member updated on progress.
Does the minister agree that it is for the police to decide operational matters in response to antisocial behaviour? Does she agree that it is absolutely disgraceful for local councillors to accuse police of being soft on antisocial behaviour when the police are tackling it in the way that they feel is suitable? Should we trust the police or councillors?
I think that you are one question ahead of us. I will come back to you in just a minute.
Sorry.
Antisocial Behaviour
I thank the Presiding Officer for letting me get my question in before Mike Pringle's.
I am not sure whether to answer Mike Pringle or Bruce Crawford.
Has the minister had a chance to read the recent Joseph Rowntree Foundation report "Anti-social Behaviour Strategies: Finding a balance"? The report contains an interesting small paragraph, which states:
I have not read the report from which Bruce Crawford quoted, but I am sure that our officials will have done so. Over many years, successive Governments, as well as many local authorities, have tried to do exactly what that report suggests. In many communities in different parts of Scotland, initiative after initiative has tried to empower communities. I know that attempts to do so have certainly been made in some communities in Renfrewshire, where I live.
Now I call Mike Pringle.
I refer to the question that I asked just a few moments ago. Did the minister hear my question or does he want me to repeat it?
You must repeat it.
Does the minister agree that it is for the police to decide operational matters in response to antisocial behaviour? Does he agree that it is disgraceful for local councillors to accuse police of being soft on antisocial behaviour when the police are tackling it in the way that they feel is suitable? Should we trust the police or councillors on this one?
That is a valid point. From some of the recent discussion about what has been happening on Beach Boulevard in Aberdeen, I know that the police are taking effective action and that that action is supported by the local community. I also know that some politicians—including councillors and members of the Scottish Parliament—have criticised the action that the police have taken in that respect. The police are doing their job, using the new powers that were given to them by the Scottish Parliament. We should support the police where they take steps to tackle antisocial behaviour. We should also hope that councillors will take their duties and responsibilities seriously and that they will ensure that officials in council departments play their part in ensuring that co-ordinated and integrated action has an effect on local communities.
Question 8 has not been lodged.
Skye Bridge Protesters
To ask the Scottish Executive whether the criminal convictions imposed on Skye bridge protesters for non-payment of tolls will be quashed. (S2O-7099)
No action is proposed in relation to persons who have been prosecuted and convicted in a criminal court for non-payment of the Skye bridge tolls. The decision to end tolling in December 2004 did not reflect in any way on the legality of the tolling regime, which has been tested on many occasions in both civil and criminal courts.
I am sure that the Lord Advocate is aware that the convictions were imposed because the courts considered the toll charge to be a tax and that, as such, non-payment was a criminal offence. Subsequently, it has been determined that the toll charge was in fact a service charge, non-payment of which is a civil offence. In those circumstances, does the Lord Advocate agree that the criminal convictions are seriously flawed and that they should be quashed immediately?
No, I do not accept that. The toll was imposed as a result of the toll order that flowed from the act of Parliament. Many challenges were made to the toll regime in the courts and all the decisions were upheld. Of course, if the courts were to change their mind, different considerations would apply. At the present time, however, there is no cause for me to interfere with the convictions that the courts have imposed.
I note that the Lord Advocate said "At the present time" and that the legality of the convictions has been tested on many occasions. However, he will be aware of the work that Robbie the Pict has carried out on the matter, with considerable legal scholarship—perhaps more than in the work of some of my learned friends. Does the Lord Advocate accept that the authority to levy the tolls rested on an assignation document that, as Robbie the Pict has pointed out, was never signed? Can the Lord Advocate state where that challenge was tested in the courts? If he cannot do so, will he say what remedy, route or other means can be taken to finish this unfinished business in Scotland?
I cannot comment on Robbie the Pict's legal abilities. The point about assignations has been used to challenge the tolling regime in two cases. Robbie the Pict appeared once in the criminal court, where Lord Sutherland found the tolling regime to be in order, and once—twice, in fact—in the civil court in the case Robbie the Pict v Miller Civil Engineering Ltd and others. The assignation statement is made under the Roads (Scotland) Act 1984 and the subordinate legislation that flows from the act. It is not an assignation of a contract, but a statutory statement as to who has the right to charge and collect tolls. Indeed, it precedes the contract and does not assign the rights under the contract.
G8 Summit (Public Safety)
To ask the Scottish Executive whether it considers that the security arrangements for the forthcoming G8 summit are sufficient to ensure public safety. (S2O-7170)
We are committed to doing all that we can, working with other agencies, to help to ensure that the G8 summit is safe and secure. We are also committed to upholding the right to legitimate and peaceful protest in Scotland. Comprehensive plans have been put in place by the Scottish police forces to deal with any unlawful activity that is aimed at disrupting either legitimate public protest or the summit.
Is the minister aware that, when leaders from the world's wealthiest countries gather at Gleneagles, they will bring with them scores of military personnel, including about 2,000 armed marines from the United States of America? Will those marines and other such personnel be answerable in Scottish courts if they are responsible in any way for any injury or fatality on Scottish soil?
I am advised by my learned colleagues the Lord Advocate and the Solicitor General that the short answer is yes. However, I must say to Rosie Kane that I would prefer it if we talked about the positives of the event. We have a real opportunity to put Scotland on the world stage and, through the make poverty history march and a range of other activities, to show that Scotland cares passionately about what is happening in the developing nations. I hope that Rosie Kane and every other member will ensure that the images of Scotland that are transmitted throughout the world are of the caring side of Scotland and of what Scotland has to offer as a nation, rather than of disruption and disorder.
I reassure the minister that, notwithstanding the First Minister's comments today, Perth and Kinross Council has made no attempt whatever to pass the buck on decisions that it has made—it takes full responsibility for them. However, the police are also involved. The minister will have seen the comments of the chief constable of Tayside police, which are widely reported in today's newspapers, that protesters will be
As the police are responsible for ensuring safety and security around the site, it is for them to decide what the best possible route for policing is. I am not aware that there has been a departure from previous statements, although I am aware that a number of representations have been made to Perth and Kinross Council and that the council has been in regular contact with the Executive on a range of matters, particularly insurance for proposed marches.
What about policing?
I appreciate that the member is particularly interested in policing, but the answers that she requires on that must come from the police, who have overall responsibility for ensuring the safety of those who attend the summit and everyone else around it.
Does the minister agree that, in relation to the security that will surround the talks at Gleneagles, the costs of prevention of public anxiety are considerable? Does she feel, as I do, that it would be helpful if those who continually carp about the right to protest in this country and then break the law when they get the opportunity gave an undertaking to ensure that the law is not broken during the summit?
I hope that I outlined in response to earlier questions that I believe in the legitimate right to protest. As I have said before in the Parliament, I have taken up that right on many occasions in the past. The important point is that protesting is done within the law and that it takes account of the rights of other citizens in local communities. Throughout the process, we have been at pains to stress that there is no problem with people who wish to raise their concerns legitimately and exercise their rights responsibly. None of us will move away from that view.
Enterprise, Lifelong Learning and Transport
Rail Services (Strathclyde)
To ask the Scottish Executive how it will ensure that rail services in the Strathclyde area are run effectively following implementation of the Transport (Scotland) Bill. (S2O-7090)
The devolution of rail powers and functions to the Executive following the Railways Act 2005, together with the unique role in the development, management and monitoring of rail that we propose for the new west of Scotland regional transport partnership, will ensure that rail services in Strathclyde are run more effectively than ever.
The minister will be aware that Strathclyde Passenger Transport runs the biggest rail network outside London and that there are a number of concerns about the implications of the bill, not primarily for SPT itself but for its services. Dr Malcolm Reed, the director general of the Strathclyde Passenger Transport Executive, has been appointed to head transport Scotland. Will the minister ensure that the staffing up of the new agency will not result in SPT losing key and scarce expertise? Will he also ensure that the period leading into the new west of Scotland regional transport partnership will be as short as possible and will not lead to a planning blight on major capital projects such as the Glasgow airport rail link?
The Glasgow airport rail link project and the other major public transport projects in the west of Scotland for which SPT is currently responsible will continue. SPT will work closely during the transition period with the new shadow body that develops, and I am determined that there should be continuity. SPT's wider responsibilities for the management, monitoring and development of the rail network will continue and transfer across to the new west of Scotland partnership. I would have thought that Robert Brown and other MSPs from the west of Scotland would take considerable comfort from the fact that the new agency is to be located in Glasgow, that it will have more than 200 staff and that the head of the new agency will be Malcolm Reed, who currently holds the lead role in SPT. All those factors taken together should give everyone considerable confidence in rail services for the west of Scotland.
The minister will recall my raising with him the possibility of a 20-minute rail service between Ayr and Glasgow. Has he, or have his officials, had any discussions with SPT or with First ScotRail, or with the new agency, about increasing the frequency of that service to every 20 minutes, as many of the trains on the service are currently overcrowded? If he has not held such discussions, will he consider doing so?
The key issues in improving services to Ayrshire and the west of Scotland area to the south of Glasgow are the capacity of the line and its current condition. There will be a significant improvement in capacity arising from the Glasgow airport rail link, and everyone knows that a key reason for that project is to improve the quality and frequency of services to Ayrshire. We have discussions on those issues regularly. There are other issues—on which questions have been lodged for today's question time—relating to those services. We are seriously examining other ways in which we could improve the line and we want to improve the quality and frequency of services right across the rail network.
United Nations Decade of Education for Sustainable Development
I should declare an interest that might be relevant: I am rector designate of the University of Aberdeen, although I have not taken up the post yet.
I received advice from the funding councils for further and higher education earlier this week. That advice outlines the councils' current activity in this area and their intention to take a number of measures to support universities and colleges in contributing to the UN decade of education for sustainable development.
I congratulate the minister on having procured a contribution from SHEFC on the United Nations decade of education for sustainable development. Would he be able to make that advice available in full by placing a copy in the Scottish Parliament information centre? Furthermore, will the minister's letter of guidance to the new combined further and higher education funding council reflect the need for universities and colleges to take action in embedding sustainable development into the curriculum of all students, given the inclusion of sustainable development in the Further and Higher Education (Scotland) Act 2005 as a matter for the council to have regard to?
As I am sure Robin Harper knows, the advice that I received was in response to the guidance letter that I issued to both funding councils earlier this year, when I asked them to work with higher education institutions and colleges to make a meaningful contribution to the UN decade of education for sustainable development. That advice concerns work to influence and promote best practice in estates management and the development of capital projects, but it also concerns securing support for institutional developments in the curriculum and the establishment of a baseline for what is happening in practice in the teaching of sustainable development across the FE and HE sectors. I have only just received the advice from the funding councils, which will have to be considered more fully. I will certainly consider its publication with an open mind. The letter of guidance to the merged funding councils will be a matter for my successor, who might or might not be in the chamber just now but who, I am sure, will note my comments in the Official Report.
People with a Learning Disability (Employment)
To ask the Scottish Executive what progress it is making in implementing "Working for a change?" to help people with a learning disability to access employment. (S2O-7101)
One of the recommendations of "Working for a change?" was for a programme of research to inform policy on the employment of people with learning disabilities. This week we published the report "‘Go for it!': Supporting people with learning disabilities and/or autistic spectrum disorder in employment", which highlights a number of ways that employment opportunities can be improved. We are also developing an employability framework, to bring together and drive forward the work that the Executive and the United Kingdom Government do to help disadvantaged people to move into employment. We hope to publish the framework later in the summer. The interests of people with learning disabilities have been represented in that work by Enable Scotland and the Scottish Consortium for Learning Disability.
"Working for a change?" was completed in 2003 and made 10 recommendations about improving access to employment for people with learning disabilities, one of which charged ministers in the Scottish Executive Enterprise, Transport and Lifelong Learning Department with chairing a national steering group to push forward implementation. Although I am aware that the minister is developing an employability strategy, which might encompass some of the report's recommendations, I am keen that he should ensure that the recommendations are fully implemented. Will he give a commitment to do that?
I am pleased to give that commitment. We determined that the framework for employability that we are developing would apply to all client groups, rather than focus specifically on learning disabilities, so that it can be the most appropriate vehicle for influencing change. However, as we develop the framework we will consider all the recommendations in "Working for a change?" and incorporate them into the framework so that it addresses the particular needs of people with learning disabilities.
The minister mentioned autistic spectrum disorder. Is he aware that employment rates among people who have autism are particularly low and that only 6 per cent of such people are in full-time paid employment? Will he give more detail about how the work that he mentioned might promote employment opportunities for people with ASD in Scotland? Will he give a commitment to discuss the matter with the National Autistic Society Scotland, which has been researching the subject?
I would be pleased to discuss the employability framework with the National Autistic Society Scotland and any of our partners. We work with a range of organisations at national and local level to provide appropriate interventions to enable individuals, including those who are most excluded from the labour market, to develop their skills to get into work. The framework will tie into other work that the Executive is doing to ensure that the right arrangements are in place across the board to close the opportunity gap in employment.
New Businesses (Support)
To ask the Scottish Executive whether it will give assistance to new businesses established through the Scottish Enterprise and Highlands and Islands Enterprise networks, for example by abolishing business rates for the first 12 months of their existence. (S2O-7096)
Assistance for new and growing businesses in Scotland is provided largely by Scottish Enterprise, Highlands and Islands Enterprise and their network of local enterprise companies, which provide a wide range of business support through the business gateway in the Scottish Enterprise area and the LECs in the Highlands and Islands.
Does the minister accept that the first 12 months of its existence is the most vulnerable time for a business? Does he agree that the measure that I propose would offer a practical means of helping business start-ups to survive?
I accept that the first 12 months after a business sets up are a challenging time, but we should not overlook the fact that challenges and opportunities arise in the first 12 months and beyond, which is why there is a wide range of measures to help not only new start-ups but existing businesses to grow. In particular, as I am sure that Mr Rumbles is aware, the £1,000 business start-up grant has been available for just under a year and is aimed at encouraging more young people to set up in business. We also have the Scottish co-investment fund, which provides equity funding of up to £500,000. We also have an opportunity to consider the contribution of women in enterprise. In March, we launched a strategy that is aimed at encouraging more women to set up in business.
I thank the minister for his answer, and Mike Rumbles for his interest in and support of new businesses north of the highland line. It is much appreciated.
The answer to the second question is no. Fiscal autonomy is just another name for independence, which would be a disaster for the Highlands and Islands, as it would be for all other parts of Scotland. Fiscal federalism might be worth a mention, but for the moment I will take up that idea on a party basis, rather than through the Executive.
Between them, Scottish Enterprise and Highlands and Islands Enterprise spend something like £500 million a year, and there is precious little sign of that money having had a substantial positive impact on our growth rate. Does the Deputy First Minister believe that every penny of that money is being spent as effectively as it could be?
In every area of public expenditure, we always seek to ensure that we get the best value for money. Murdo Fraser will no doubt have noted the purchasing managers index report of the Royal Bank of Scotland, which was published earlier this week. The report showed that, in May, growth in private sector output was maintained for the 23rd successive month; that the service sector reported its 24th successive month of expansion, largely because of strong growth in newer businesses; and that output in the manufacturing sector increased for the 23rd successive month. We have a higher rate of employment than any of the 25 countries in the European Union apart from Denmark. Since the creation of this Parliament, 150,000 Scots have entered employment. Unemployment is at its lowest for a generation.
Redundancies (Support)
To ask the Scottish Executive what support it would expect Scottish Enterprise to offer local employers and employees when redundancy notices are issued. (S2O-7129)
In responding to large-scale redundancies, the Scottish Executive expects Scottish Enterprise to work with other local partners as part of the PACE—partnership action for continuing employment—framework. The support that is offered is tailored to the particular situation but includes advice to companies on improving business performance, and advice, support and guidance to employees on retraining and alternative employment opportunities. In smaller-scale redundancies it is for local partners to determine how best to deploy the support that they can offer.
The minister will be aware that ABP slaughterhouse in Bathgate closed recently. My previous experience of Scottish Enterprise, during the Motorola closure, was excellent. However, on this occasion, we were told that Scottish Enterprise Edinburgh and Lothian could not become involved as too few employees were affected. Can the minister reassure my constituents that their future employment prospects will be assisted whether they are one of 3,000 or one of 50?
I would like to give Mrs Mulligan that assurance. Her constituents should not have been given the advice that they were given at the time.
Glasgow Airport Rail Link
To ask the Scottish Executive whether it will make a statement on the proposed direct rail link from Glasgow city centre to Glasgow airport. (S2O-7114)
I am pleased by the recent announcement by Strathclyde Passenger Transport that it intends to make available for public consultation the draft of the private bill on the Glasgow airport rail link over the summer. That is a significant step towards finalising the plans for the direct shuttle service to the airport.
The minister will understand that in that part of the country there is often a cynicism about delay because we have been waiting for 15 years while the link has been discussed. I would like the minister at least to indicate that the Executive will make every effort and provide all necessary support to ensure that the link goes ahead as quickly as is possible within the normal constraints and procedures.
I agree that that should happen. The public consultation that was carried out was highly encouraging. More than 1,600 formal responses were received and more than 80 per cent of respondents supported the rail link. The draft bill has been completed and SPT intends to introduce the bill in October. I have been in contact with SPT, which is in the driving seat on the project—although the Executive will provide significant funds for it—and it believes that the project is still on track for completion in 2008.