SCOTTISH EXECUTIVE
Justice and Law Officers
Question 1 has been withdrawn.
Small Claims Procedure
To ask the Scottish Executive whether it has given any further consideration to the case for increasing the threshold for claims by consumers that can be dealt with under the small claims procedure. (S2O-11691)
There is a clear case for increasing the small claims limit. We are continuing to consider all the arguments and representations on the correct levels for jurisdiction limits to ensure that any increase has the clear support of Parliament.
I refer the minister to the replies that I received from her predecessors since first I raised the issue with Jim Wallace in 2002. In November 2004, Hugh Henry said:
Have you finished your question?
—in the Justice Department.
I will resist the temptation to be flattered into saying something on which I cannot make a commitment. It is clear that the issue is serious. Given the pedigree of my predecessors in post, I know that if there were a simple solution it would have been found by now.
I apologise for being late. I, too, have been concerned about the issue for a long time. Will the minister ask her department to take it a little more seriously and address it more urgently? It has been going on for a considerable time and we need resolution sooner rather than later. Given the current rate of progress, we will not get a resolution even before the next election.
It is most unjust to imply that because of lethargy among officials no progress has been made on the matter, and it would be entirely inappropriate for a minister to park responsibility where it does not lie. The issue has been on-going since at least 2002, but it has not just been parked. People have wrestled with it but have, for example, been unable at one stage in the parliamentary process to secure parliamentary support for the approach that was being taken.
Domestic Abuse Courts
To ask the Scottish Executive what assessment its Justice Department has made of the impact of the Glasgow domestic abuse court. (S2O-11697)
We commissioned an independent evaluation of the pilot domestic abuse court in Glasgow and we expect to publish it in March 2007. The early indication from the pilot is that cases come to trial much more quickly. We will build on the findings of the evaluation in order to further improve our justice system.
It is generally agreed that the specialist domestic abuse court has been of benefit in dealing with the perpetrators of domestic violence. Does the minister agree that domestic violence occurs in rural areas as well as in urban areas? Will she agree to meet the Minister for Communities and me to discuss how a pilot for a rural domestic violence court could be progressed, possibly through the use of modern communications technology?
I acknowledge that Maureen Macmillan has had a long-standing interest in this issue, as have several other members. At the invitation of Cathy Peattie MSP, I was able to attend a Parliament cross-party group event at which Maureen Macmillan was also present. The Lord Advocate, the Solicitor General for Scotland and I went along last week to speak to and hear from the cross-party group on men's violence against women and children. A number of positive comments were made about the need to drive forward this agenda.
Given the minister's encouraging comments about the Glasgow domestic abuse court as a specialist court for tackling that vexing issue, will she now consider extending specialist youth courts to 14 and 15-year-olds in an effort to tackle the escalating incidence of offending among that age group?
I appreciate that that question is not specifically about domestic abuse courts but about youth courts, but it is important to place on the record what people should know, which is that we have taken the decision in principle to set up three more youth courts and to build on the success of the current ones. They are targeted at a particular age range. There is a provision in the current adult justice system for some 15-year-olds to be referred to the youth courts. What Margaret Mitchell suggests would require a fundamental shift in how we deal with the youth justice agenda although, of course, further work is being done on the children's hearings system. I hope that we have the whole-hearted support of members of the Conservative party as we try to fight antisocial behaviour and crime, and I look forward to their support this afternoon for our work on the Criminal Proceedings etc (Reform) (Scotland) Bill.
I should have ruled that supplementary question out of order. I hope that members found the minister's answer useful.
Knife Crime (Sentencing)
To ask the Scottish Executive why it rejects custodial and community-based sentences of longer than four years for repeat offenders convicted of possession of a knife. (S2O-11726)
The Executive is taking forward an unprecedented range of measures to tackle the scourge of knife crime. The Police, Public Order and Criminal Justice (Scotland) Act 2006 doubled the sentence for carrying a knife in public from two to four years and the Custodial Sentences and Weapons (Scotland) Bill, which is currently before Parliament, will implement the remaining parts of the First Minister's five-point plan on knife crime. Additionally, the Lord Advocate's tough new guidelines on prosecution of knife crime mean that most repeat offenders who are charged with carrying or using a knife will be dealt with under solemn procedure. That could mean that they will face sentences well in excess of four years, in the most serious cases.
I thank the minister for her reply, especially the final part of it about longer sentences. She will be aware of the three attempted murders with a knife that occurred in Scotland this week. It is not just an urban issue; there was a vicious attack in the Yarrow valley in my constituency before Christmas. For many rural communities, knife crime is a continuing menace.
I agree that much more needs to be done, but the problem cannot be solved by one simplistic solution. That is why we want a number of measures to be put in place. Of course, it is important to accept that when someone is caught carrying a knife, the police will treat that as a custody case. That is a quick and effective reminder, for people who are lifted by the police, of the seriousness of the offence.
Knife Crime
To ask the Scottish Executive what measures it is taking to curb the rising incidence of knife crime in Ayrshire and across Scotland. (S2O-11718)
Knife crime remains a serious problem that needs long-term action in Ayrshire and in other parts of Scotland. Working with the police and other organisations, we took significant steps in 2006 to reduce the impact of knife crime in our communities, with robust new laws, revised prosecution guidelines, tough enforcement action and an awareness-raising multimedia campaign. We will continue to build on that action in 2007 and beyond to tackle those who use weapons and to give further protection to the law-abiding public.
I thank the minister for her answer. It is, however, a fact that the number of emergency admissions to Ayrshire hospitals of people who have been victims of assault with knives or other bladed weapons has risen steadily over the devolution years. Half the homicides in Scotland are caused by attacks with sharp instruments, mostly by drunken perpetrators. The minister will be aware of the tragic case of Corporal Charles McBlain, an Iraq veteran who was stabbed to death on the streets of Saltcoats on new year's day while on leave from his regiment. Does the minister agree that the booze-and-blades culture remains resistant to her best efforts, and that further policy initiatives and resources are required to turn the tide? What ideas does she have in that regard?
I think that it would be important not to refer to the specific case, minister.
Indeed, Presiding Officer, it would be entirely inappropriate for me to refer to specific cases, although I am acutely aware of the tragic consequences for families and for wider communities, not only when people suffer tragic deaths because of knife crime but in cases where young people are literally scarred for life. That is why a considerable part of our effort is devoted to trying to divert young people away from carrying knives. I launched one of the strands of work that we are doing at Kilwinning academy in Ayrshire, and work is going on in schools across Scotland to highlight the dangers of knife crime, with young people who have been victims, and their families, talking about their experiences. That is sending a hard-hitting message to young people.
The minister and I both welcomed the knife amnesty in Ayrshire last year. However, in terms of education and notwithstanding the provisions of the new bill, does she have any further specific national plans for raising awareness of the danger, consequences and penalties of carrying knives? If so, how and when will those plans be implemented in Ayrshire?
I referred to the way in which we want to develop some of the work on the let's not scar another generation campaign. I hope that members have seen the materials that are available—there was information in the local media as well as posters and so on. I call on every member of Parliament to do whatever they can to get that message across in their work. Tackling knife crime is something on which Government can do so much work; we can set the agenda and change the legislation and the prosecution service and police can clamp down but, at the end of the day, we also have to change the culture. Sadly, some people in some parts of Scotland still see it as being acceptable for people—young people in particular—to carry knives. That problem will not be solved overnight, so we must sustain our work. I assure John Scott that we will take further steps in the not-too-distant future to refresh the campaigning work and to try to get the message across.
Antisocial Behaviour (Fixed Penalty Notices)
To ask the Scottish Executive what plans it has to extend to police forces throughout Scotland the power to issue fixed penalty notices for antisocial behaviour offences. (S2O-11684)
We are currently considering the results of an independent evaluation of our 12-month pilot of fixed penalty notices in Tayside. The pilot concluded in March 2006 and the final evaluation report was presented to the Executive in November 2006. Decisions on a national roll-out require careful consideration with the police and other criminal justice partners. An announcement will be made in the near future.
I take encouragement from that answer and hope that the announcement is made soon and that it is positive. Will the minister share with Parliament whether the final evaluation report on the Tayside pilot confirms one of the main arguments for the use of fixed penalty notices to deal with low-level disorder and antisocial offences, namely that they free up police time and reduce the burden on the courts, both of which are much to be hoped for?
Obviously, we wish to await publication of the evaluation report before we give members the full flavour of what has been said and set out the next steps. I am sure that Bill Butler will look forward to receiving that information. However, I can say that the feedback, including that from Tayside police, is positive. Officers are keen on fixed penalty notices because, as the member suggested, they save time, as officers can often issue a notice on the street and do not have to go back to the station, and they allow officers to respond to low-level offences. Equally, it is clear that the public approve of the notices, because they deliver highly visible immediate justice and send a strong message to people who commit low-level offences that doing so is unacceptable. We have received positive responses on the pilot. More detail will be provided later.
The minister referred to the use of fixed penalty notices in the Tayside police area—they are in use in my constituency, in the city of Perth. Is the minister aware that there is a certain amount of evidence that, although the notices are effective against what might be called one-off offenders—the people who perhaps come out of a pub on a Friday night a bit overrefreshed, shall we say—they are somewhat less effective when used against persistent offenders, who often do not have the money to pay or will not pay? Regrettably, when such offenders do not pay, no action is taken against them by the local procurator fiscal. Will the minister ensure that the process is followed through completely in any future roll-out?
Fixed penalty notices are intended to be used for low-level offences and perhaps to deter people who offend on a first occasion from doing so in the future. We acknowledge that persistent offenders pose a greater challenge. In our general approach, we understand that there is progression in all such matters. We do not expect fixed penalty notices to be given inappropriately to persistent offenders. As the evaluation is considered, we will ensure that those issues are dealt with. Fixed penalty notices are not compulsory; they are a matter of judgment by officers. However, they are absolutely intended for first-time offenders and low-level offending and are not a substitute for the other options that are available to the police.
Question 7 has been withdrawn.
Prisons
To ask the Scottish Executive when it will announce its plans for new prison facilities for the north-east. (S2O-11665)
A number of factors will need to be considered, including the financial implications and the responses to the recent consultation, before a final decision is taken. The decision will also have to be taken in the context of the next spending review.
Will the minister assure me that the facilities will include facilities for women prisoners as, currently, women from the north-east are sent to Cornton Vale and, I believe, Greenock?
Obviously, in advance of an announcement, I cannot state what the facilities might be. I know that Stewart Stevenson has been active in expressing his concerns in relation to the future of Peterhead prison and I am sure that Brian Adam and other members are concerned about the facilities in Aberdeen prison. However, we must acknowledge that the number of women prisoners is relatively small in comparison with the overall prison population.
Enterprise, Lifelong Learning and Transport
Question 1 was not lodged.
A76 (Improvements)
To ask the Scottish Executive when the improvements to the A76 announced to date by its Transport Department will be completed. (S2O-11723)
Tenders for the scheme at Glenairlie will be invited in May and construction should be completed by July 2008. In addition, Amey, on behalf of Transport Scotland, is carrying out safety improvements at a number of locations on the route. Works between Sanquhar and New Cumnock, involving the provision of high-friction surfacing at bends and signing and lining with vehicle-activated signs, are on-going. Twenty-five per cent of the work has been completed and the remainder will follow as soon as the weather permits.
I am grateful to the minister for that detailed response. He may know of a letter that I received from Transport Scotland assuring me that the works identified following the minister's acceptance of a petition from Dr Elaine Murray and me, which had been instigated by the Dumfries & Galloway Standard, would be completed by the end of last year. Indeed, there has been a members' business debate in my name on the dangers of the road, and the minister's department has announced a series of 18 low-cost improvements. I can only assume that the frenetic activity on the A76 since I lodged this question is entirely coincidental. Does the minister believe that the works will increase driver awareness? Given the accident record and—sadly—the death record on the road, will he agree to consider further low-cost measures that are aimed at increasing driver awareness?
I am sure that Mr Fergusson agrees that there would not be much point in carrying out the works unless they assisted in driver awareness. There cannot be any point in investing in small schemes—or indeed in larger schemes—unless they meet that objective as well as a number of other objectives in relation to safety on the trunk road network. I can assure Mr Fergusson that I am happy to consider any further programme. While I recognise the importance of that, I hope he accepts that it must be done in the context of accident prevention work and, indeed, the statistics, some of which he has drawn our attention to this afternoon.
I wonder whether the minister shares my frustration, and, I am sure, that of many other members, at the length of time it takes to get projects, which often have been approved or have no real planning difficulties, to the stage of being implemented—not just the A76 but other roads throughout Scotland. What assurance can he give us that the new Transport Scotland regime will speed up the process? Many of us cannot understand the delays that so many authorised projects encounter before they reach completion.
I saw nods from various members behind Mr Morgan. I agree that at times this is difficult to understand. It does not matter whether a scheme is a small safety scheme of the kind Mr Fergusson and Mr Morgan mentioned, or a motorway construction; in taking forward any scheme, a Government of whatever persuasion has to go through the processes that are laid down in statute. I can send Mr Morgan as much statute as he likes, if he wants it. We could reform the Roads (Scotland) Act 1984—that is an option open to any Government—but that course does not go without some complexity, and it would certainly take some considerable time in Parliament.
Higher Education Funding
To ask the Scottish Executive what action it is taking to ensure that higher education funding does not discriminate against newer Scottish universities, that Scottish universities can compete with English universities and that higher education is freely accessible to all Scots. (S2O-11716)
The Executive, through strategic guidance, has specifically asked the Scottish Further and Higher Education Funding Council to develop responsive future approaches to funding. The council is currently collaborating with institutions to review its teaching funding methodology.
The problem is the distribution of funding. Does the minister agree that Scotland's universities must be at the heart of Scotland's future prosperity and must be open to all who can benefit from them, with Government funding reflecting the universities' key and traditional role in Scottish society? Why has the current Government supported a funding system that discriminates against the five newest universities, which teach one third of Scotland's students? Why has it totally failed to produce a long-term and sustainable funding solution for all Scottish universities? Will the minister now institute an independent inquiry into longer-term, fair and sustainable funding throughout the Scottish university system?
This Executive will take no lessons from the SNP. We have given record funding to our institutions; we have scrapped tuition fees in Scotland; we have rejected top-up fees; and we have brought back student grants for those on low incomes. In contrast, the SNP's policies are in chaos. In 10 years, the party has flip-flopped through nine different policies on student finance. We now hear a 10th policy—an independent review. I have great confidence in the track record of this Executive and the funding council.
Will the minister turn his mind to the University of the Highlands and Islands Millennium Institute, which is seeking university designation and has particular challenges because its network of colleges is so far flung? Will the minister assure us that he will give the utmost support—in funding and otherwise—to facilitate the designation of the UHIMI as a university in the near future?
As Maureen Macmillan knows, I strongly support the University of the Highlands and Islands. I have met representatives of the UHI and I know that Maureen Macmillan strongly supports the move towards university status.
I recognise the independence of Scotland's universities old and new, but does the minister agree that sometimes we have to be wary of decisions that universities take? I am thinking of Heriot-Watt University's proposal two years ago to remove the school of textiles from the Borders and replace it with absolutely nothing. That situation was turned around by nearly £30 million of investment by the Executive into further and higher education in the Borders. Will the minister ensure that that level of support for our student base in the Borders continues?
Yes. Jeremy Purvis makes a strong point. When decisions that would affect rural areas have been taken, the Executive has moved quickly to ensure that the interests of students are protected.
Airdrie to Bathgate Rail Line (Blackridge)
To ask the Scottish Executive what progress has been made to ensure that a station is provided in Blackridge on the Airdrie to Bathgate rail line. (S2O-11707)
Transport Scotland officials have asked Network Rail to progress the work done on Blackridge station during the initial technical feasibility study. Transport Scotland aims to have that work completed in time to allow the process of any necessary consultation and Scottish transport appraisal guidance analysis to start as soon as possible in the new session of Parliament.
As the minister knows, I was extremely disappointed that the private bill that is undergoing its parliamentary consideration did not include a proposal to build stations at Blackridge and at Plains in Karen Whitefield's constituency, but I was pleased to receive a letter from the minister in which he recognised the overwhelming case for having those stations.
I would certainly be interested in proposals from the private sector on planning gain that would help with the costs of building the station to which Mary Mulligan refers. As she knows, we are considering using the Transport and Works (Scotland) Bill, which I hope will have completed its passage through Parliament, or a local measure—a compulsory purchase order mechanism that involves the local authorities concerned—to progress matters. I take the member's points about the wider funding issues, which will form an important part of the overall assessment of the case.
In a letter to the Airdrie-Bathgate Railway and Linked Improvements Bill Committee, the minister has stated that no additional funding will be provided. If the Government's view is that a station at Blackridge can be paid for only out of savings that are achieved by the end of the project, who does it think will underwrite the cost of the station so that work on it can commence at the same time as the rest of the project? Will Network Rail, West Lothian Council, the Scottish Executive or some other body do that?
I would have thought that the Scottish National Party would be interested in a budgetary process that meant that we had a budget, that we kept to it and that we sought to deliver as much as possible from it.
And?
Many of Mr MacAskill's party spokesmen and colleagues—including Mr Stevenson, who shouts out from the front bench—tell me that we should not be spending money as we are; indeed, they want to cancel many of our transport projects. Perhaps for once they should applaud the fact that we are getting on and delivering transport projects.
A801 (Upgrading)
To ask the Scottish Executive what meetings have taken place between the Executive and Falkirk Council, West Lothian Council or the south-east Scotland transport partnership regarding the upgrading of the A801 Avon gorge road. (S2O-11710)
Officials in the Executive have been in continuing contact with officers from Falkirk Council and West Lothian Council about that local roads project, which has included regular correspondence with Falkirk Council on the grant for land acquisition that was made available in September 2005. The Executive has not met SESTRAN specifically to discuss the A801, although it meets the organisation regularly to consider a wide range of transport-related matters.
The minister will be aware that there have been problems on the road for many years. A major tragedy is waiting to happen. Will he tell us the timescale in which the plans will be finalised and work will start?
I understand that the current position is that SESTRAN has committed £220,000 to land acquisition and design work. The estimated cost of completing the upgrade of the road link in question is some £9.5 million. It is important that progress is being made on the acquisition and design issues. I also understand that Falkirk Council has acquired land from three landowners. A deal of work is now being done. I am happy to write to Cathy Peattie with the latest estimates from the agencies involved.
The minister is well aware of the increasing use of the intermodal hub at Grangemouth, which is taking freight off our roads and putting it on to rail, and of the environmental benefits that come from that, but is he also aware that some hauliers who recently started to use the hub have to take a detour to get to the M8 because of the limited capacity of the Avon gorge road and its unsuitability for heavy goods vehicles? Is he aware that there is now a negative effect on the environment because of the extended route that hauliers have to take? Does the minister recognise the strategic importance of the road to the economies of West Lothian Council and Falkirk Council? Is he prepared to act to provide the financial support, not for the acquisition of land, but to ensure that the road is upgraded?
I am aware of the freight industry's concerns about the road. I assure the member that they have been brought to my attention. Indeed, we discuss with the freight industry the issues and concerns it raises about roads right across Scotland. The member will not be surprised to hear that the Avon gorge road is not the only pinch point that the freight industry has identified. We deal with those issues as best we can in taking forward our roads programme.
Stirling-Alloa-Kincardine Rail Line
To ask the Scottish Executive when it expects a decision to be made on freight charging on the Stirling-Alloa-Kincardine rail line. (S2O-11681)
Transport Scotland expects a response from the Office of Rail Regulation imminently.
The opening of the Stirling-Alloa-Kincardine rail line is keenly anticipated, not only because it will reinstate passenger transport to and from Alloa but, as far as my constituents are concerned, because it will enable coal to be brought by rail to Longannet power station—but the benefit of getting coal trains off the Forth rail bridge and the Fife circle line will happen only if there is a level playing field in freight charging. Will the minister assure me that there are no plans to levy a premium on the new track? Will the new line be used by freight traffic, as the Parliament envisaged when it passed the act?
It is important to recognise that the Office of Rail Regulation is the responsible body in this area. It is an independent body that was set up some years ago to act as the mechanism that Governments north and south of the border use in these situations. Because the ORR is independent of government, it can look at issues consistently across the country. As I said, the ORR will reach its decision imminently. Clearly, we will know the decision only at that time.
Does the minister have concerns about the viability of the line? When he hears from the ORR, will he communicate the information directly to all the MSPs who have a direct connection to the line?
I am happy to ensure that the Parliament is informed of the ORR's decision. I have no concerns about the viability of the line. It is important that sensible judgments are reached on the matter. We are investing heavily in the line not only because of the advantages it will bring for rail freight movements around the country, but because of the improvements it will bring for passenger travel.
I have two very simple questions for the minister. First, when—on what date—will the Stirling-Alloa-Kincardine rail line be opened? Secondly, are the Scottish Executive and Transport Scotland considering making charges to any rail franchise operators for using the line?
I would have thought that, by now, Mr Ewing would have worked out how the system works. He claims to be the Scottish National Party's transport spokesman, but all he does is flip-flop from one transport issue to the next. He should know how the system works. If he does not yet know that the Office of Rail Regulation has those responsibilities, I suggest that he goes away and finds out how it works. I do not know what the SNP's current policy on the Office of Rail Regulation is, but I presume that it will have changed by tomorrow, given its policy on everything else. However, if Fergus Ewing finds out what the Office of Rail Regulation's role is, he might be better informed and ask a better question next time.
I listened carefully to the minister's response to Scott Barrie on the Office of Rail Regulation. I welcome the fact that the decision will be made imminently. Given the importance of getting freight off the Fife circle line and the Forth rail bridge, has the minister made any representations to the ORR on the importance of not putting a premium on freight on the Stirling-Alloa-Kincardine line?
I thank Tricia Marwick for her much more considered question. She obviously has more knowledge of the matter than her colleague, Fergus Ewing, and I can only suggest that they have a meeting now and again to discuss their respective knowledge of it. I assure her that Transport Scotland, as the agency of the Government, regularly meets the Office of Rail Regulation to discuss a number of issues, including the one about which she asks.