Justice and Law Officers
Strathclyde Police (Meetings)
I have regular meetings with all the chief constables to discuss a range of matters. I recently met Chief Constable House at the serious organised crime task force meeting on Monday 10 September 2012.
Have there been any discussions about the possibility of locating the headquarters of the new Scottish police service next to the Scottish crime campus at Gartcosh, which is well serviced by rail and road networks?
I am aware of the outstanding facility that exists at Gartcosh. I know from the only discussions that I have had that the temporary HQ will be based at Tulliallan. Longer-term decisions about the location of the HQ and of other parts of the police service—whether they are located on one site or are dispersed around the country, as some people seek—will be for the chief constable to take. I can confirm that, in principle, the Scottish crime campus would provide a purpose-built national facility for the police service of Scotland and its partner agencies.
Did the cabinet secretary read the report on Strathclyde police authority, in which the auditor highlighted the inadequate level of engagement on the part of authority members?
I met police board conveners earlier today and Philip Braat, the new convener of Strathclyde police authority, was there. Matters do come to light, which is why we carry out reviews and investigations. Mr Braat and the other conveners were very proactive on what they seek to do as we move towards a single service. As with all aspects of policing and, indeed, of administration at local government or national Government level, there is always room for improvement and there are always lessons to be learned, but Philip Braat and his colleagues are seeking to do what they can to continue to provide an outstanding police service in Strathclyde.
Administrative Justice
Work has started on developing a Scottish strategy for administrative justice, and I will keep Parliament updated as that work progresses.
The cabinet secretary will be well aware of the recent report by the Administrative Justice and Tribunals Council on administrative justice in public bodies, which outlined five recommendations. Will he confirm that he will implement the recommendation to establish a housing tribunal as part of the Scottish civil courts review?
Some of that will be a matter for discussion with my colleague the Minister for Housing and Welfare. We are in regular discussion with a variety of bodies as we move towards devolution of powers over administrative justice. As I and others have said, people in Scotland are more likely to interact with a tribunal than they are with the court system, so the devolution of those powers is significant.
Drink-driving (Young Drivers)
On 6 September, we launched a consultation on reducing the drink-driving limit in Scotland. We believe that a lower limit will help to make our roads safer for all drivers, including young and newly qualified drivers, who can often be hampered by a lack of driving experience and an inaccurate assessment of their level of competence.
Recent meetings that I have had with Grampian Police suggest that there is a trend towards younger drivers being more likely to be found to be under the influence of alcohol when stopped. Does the cabinet secretary agree that as well as the welcome measures that are being taken by the Government, we need to do more to reinforce the social unacceptability and dangers of drink-driving to young people, particularly those who are newly qualified drivers?
Absolutely—I concur with Mark McDonald on that. Members are all aware that there are far too many road tragedies in Scotland, whether in rural or urban areas. I know that Grampian suffers significantly in that respect. We believe that a legislative change could provide some help, to which we can add the reduction in the drink-driving limit, although we wish to consider going further with regard to a variety of other road traffic matters.
Cashback for Communities (Funding Priorities)
The priority for our highly successful cashback for communities programme is to invest the proceeds of crime back into communities to benefit all Scotland’s young people. Since its inception, more than £46 million has been invested throughout Scotland, directly benefiting more than 600,000 young people and generating more than 11,000 young person volunteers, who are putting something back into their communities.
It is excellent news that so many young people and communities are benefiting from the initiative. However, will the cabinet secretary confirm that the amounts that have been raised under the Proceeds of Crime Act 2002 are still capped, with any excess going to the London Treasury—something that I think everyone will find simply unacceptable and outrageous?
I hope that we can achieve cross-party consensus on that. It is an issue that has been raised before—it is not just Sandra White who has raised it. I remember Lord George Foulkes—as the First Minister refers to him—raising it, and I agree with him.
The cabinet secretary knows of my concern that those communities that are most blighted by crime should receive a proportionate amount of money from the cashback scheme. Will he give details today of how the Scottish Government measures that that is happening? If it is not happening, what action will the Government take to ensure that it does?
We try to provide extra to those areas that require most by putting money back into areas that suffer from the blight of crime.
Crimes of Aggression
Our position is that action to introduce the crime of aggression into Scots criminal law at this time is likely to fall outwith the competence of the Parliament by virtue of the foreign relations reservation in the Scotland Act 1998.
While acknowledging the possible barriers to incorporating the crime of aggression into Scots law, does the cabinet secretary agree that, as a matter of fundamental principle, the Government and the Parliament should be doing everything in their power to support the rule of international criminal law and the bringing to trial of those who have been accused of genocide, crimes against humanity, war crimes and, indeed, the crime of aggression, regardless of who they are and any official status that they might have attained?
Absolutely. Anyone who perpetrates heinous offences such as genocide and crimes against humanity should be brought to account. The Government is clear that it supports empowering the International Criminal Court to bring justice to those who are actively involved in the planning, preparation, initiation and execution of illegal wars, whoever they are and whatever position they might hold. I hope that the UK Government will listen to the views offered in the Scottish Parliament and hear the strength of feeling on the issue, and that it will support the ratification of the amendments to the treaty. The Scottish Government will then be in a position to act.
Domestic Abuse
The Scottish Government continues to work with key partners, including the Convention of Scottish Local Authorities, the Association of Chief Police Officers in Scotland and voluntary organisations, to tackle domestic abuse.
Will the cabinet secretary join me in congratulating Grampian Police’s domestic abuse unit on giving protected adult status to people who are victims of domestic abuse and who continue to be at risk, thus giving them direct access to police help? Does he believe that the legal profession should be aware of that status in relation to related criminal and civil cases?
Absolutely: the legal profession should be aware of that. I am aware of the outstanding work that is being done by Grampian Police’s domestic abuse unit, to which I pay tribute. I am reminded of the view of John Carnochan from Strathclyde Police’s violence reduction unit that violence against women is a men’s issue.
I echo the comments about Grampian Police’s domestic abuse service. Will the cabinet secretary comment on the fact that, with the 9 per cent increase in the domestic abuse figures across Scotland that was reported last week, the biggest increase was in the area of Northern Constabulary? Does he agree that the domestic abuse court in Glasgow has been very successful and that that approach can play a role in addressing the issue in other parts of Scotland, too?
Views on that issue have been canvassed in the chamber on many occasions. The domestic abuse court in Glasgow has done outstanding work, and the initiative that has taken place in the city of Edinburgh is also outstanding. However, there are difficulties in some areas. As I have mentioned before, it is simply not credible to set up a domestic abuse court in Lochmaddy, nor indeed in Stornoway, Lerwick or other places.
I am afraid that I must now ask for brevity in questions and answers.
Speeding Offences (A9)
The decision to conduct and co-ordinate such activity is part of operational police planning and is subject to a number of variable factors. No specific plans have been announced to repeat that joint, high-profile enforcement initiative. However, I assure the member that if the chief constable, the divisional commander or whoever decides, in conjunction with the Vehicle and Operator Services Agency, for example, to do so, they will have my full support.
In light of the level of fatal road collisions on the A9, is the Scottish Government considering installing average speed detection cameras?
The outcome of the 25 July meeting of the A9 safety group is that it will consider a series of actions. One of those is for the group to investigate the case for an average speed system between Dunblane and Inverness. The member might wish to communicate with that group.
Civil Legal Aid (Impact of Welfare Reform)
The United Kingdom Government has not provided concrete assurances to cover any monetary impact as a result of increased demand on the civil legal aid budget through welfare reform. We continue to seek clarity on the issue, most recently through the joint ministerial committee and regular discussions with Department for Work and Pensions ministers.
It is disappointing but not surprising to hear that the UK Government plans to do absolutely nothing to meet any potential increased demand on the civil legal aid budget as a result of its dismantling of the welfare system. Surely the cabinet secretary must recognise that the only way in which to end the on-going dilemma of reserved policies impacting on what are clearly devolved matters—
Will you put a question quickly, please?
Surely the only way to end the dilemma will be to vote yes in the 2014 referendum on independence.
Well, yes. We have problems here and it would be much better if we were able to provide the solutions.
Police (Attendance at Court)
The evidence that police officers give in court is often necessary to secure criminal convictions, and police officers are also required to execute orders of the court and apprehend those who fail to appear. The Crown will always take measures to avoid the unnecessary attendance of witnesses at court, including by agreeing evidence where possible and by scheduling cases to cause the least possible inconvenience and disruption to police officers. Where police witnesses are cited, the Procurator Fiscal Service has put in place police witness scheduler and standby arrangements to allow officers to carry out their duties while waiting to be called to give evidence.
Does the Lord Advocate agree that it would be efficient to allow officers to continue in their own patrol areas in Glasgow until around an hour before the time that they are due in court, given that nowhere in Glasgow is more than an hour from the city courts?
I agree in principle. The results of the standby arrangements at Glasgow sheriff court since March of this year show that
Rural Affairs and the Environment
Egg Producers (Support)
The Scottish Government has provided support to egg producers through the Scotland rural development programme, including through the food processing, marketing and co-operation grants scheme. The latest rounds, announced on Sunday 16 September 2012, include a grant for almost half a million pounds to egg producers A J Duncan in Turriff, for building upgrades and the purchase of grading, packing and other equipment.
I thank the cabinet secretary for his reply. He will be aware that eggs produced in Scotland are produced to higher welfare standards than those in other parts of the United Kingdom and that we have our own ISO country identifier on each egg. What action can the Scottish Government take to help promote this fact in supermarkets?
Joan McAlpine raises a good point. It is certainly the case that Scotland meets some of the highest animal welfare standards in the world. That is something that we should perhaps shout about more. The pig industry has done so with some success, in conjunction with the RSPCA, in recent times. A number of organisations are speaking about making the most of the opportunities. I will happily give the matter some more thought and update the member.
I refer to the success of the UK-wide SOS dairy campaign. I note the cabinet secretary attended that important meeting at Lanark.
I will do whatever it takes to ensure that our primary producers in Scotland receive a fair price. Hopefully, the Scottish Government demonstrated its commitment during the recent dairy crisis, when our dairy farmers, quite rightly, were shouting about the fact that they were getting a very raw deal on their share of every pound spent on milk in the supermarkets and elsewhere. If that applies to other products, I would be right behind any campaign to ensure that there is fair trade for Scottish producers. If there is any evidence that that is not the case at the moment, I will want to hear about it.
Fly Infestation (Grangemouth)
Regulation of waste facilities such as the Abbotsinch recycling centre is a matter for the Scottish Environment Protection Agency. SEPA and the Scottish Government have had contact with Grangemouth community council about nuisance caused by flies believed to be coming from the recycling centre. SEPA has taken enforcement action to require the operator to improve the controls at the site. I understand that the site is now operating in compliance with its licence and that the number of flies is expected to reduce.
I thank the minister for that very detailed response. There is no doubt that this matter is of some concern to the local residents whose enjoyment of their houses and gardens has been blighted by the infestation. I commend the work of my colleague, Angus MacDonald, the constituency MSP, who has established a problem-solving partnership with local residents and stakeholders. Will the minister undertake to keep the partnership fully informed of developments regarding this infestation?
I commend both Angus MacDonald and SEPA for their proactive engagement with local residents and other stakeholders on this issue and other similar issues in the local area. I whole-heartedly encourage that productive engagement to continue in pursuit of an outcome that is satisfactory to all. I look forward to hearing further outcomes of such partnership working in due course.
Arable Sector (Weather Conditions)
This year’s weather conditions have been challenging for some Scottish farmers in the arable sector due to localised flooding resulting in some crop losses. Overall, yields are lower in many cases, with reports suggesting a reduction of 10 to 20 per cent. However, cereal prices are up by around 20 per cent on last year.
The cabinet secretary agreed today to visit East Lothian Produce Ltd in my constituency, which is Scotland’s main producer of cabbage and a significant supplier of potatoes. His willingness to come and see what is happening is welcome and does him credit, but when he goes there, he will find that the company faces losses of as much as 40 per cent in its key crops because of the exceptional rainfall. Arable farmers who suffer those difficult circumstances really need to know whether he will be able to offer them any support or succour.
I thank Iain Gray for his supplementary question and the constructive way in which he presented it. I also thank him for bringing to my attention the circumstances that face East Lothian Produce. I am sorry to hear about those circumstances, which is why I am keen to meet the company first hand to hear about its experiences. I hope that the member is able to make it along to that meeting.
Can ministers give any support to livestock producers, including pig producers, who face large increases in the cost of feedstuffs, partly as a result of the circumstances about which we have heard?
We are doing our utmost to promote the consumption of Scottish food produce in Scotland and beyond because, if more and more people enjoyed fantastic Scottish pork and other products, that would be the best way in which to help producers. I know that all members of the Parliament support that approach, particularly given that, at the weekend, Scottish food and drink fortnight—when we made a particular effort to promote Scottish food and drink—drew to an end.
Climate Change
In March 2011, the Scottish Government published “Low Carbon Scotland: Meeting the Emissions Reductions Targets 2010–2022: The Report on Proposals and Policies”, the statutory report on proposals and policies—RPP—which set the strategic direction to take us to our 42 per cent emissions reduction target for 2020.
Has the Scottish Government considered the recommendation by the Rural Affairs, Climate Change and Environment Committee to ensure that the forthcoming RPP is aligned with the Scottish budget?
We are certainly working on the revised RPP. I am aware that there are issues with the timing of the report, but we aim to lay it before the end of the year. It is a complex, wide-ranging project and work continues to ensure that the final report is robust enough to remain relevant for at least the next five years, by which time we will need to introduce RPP3.
The RPP will clearly be of any use only if it is fully funded in the Scottish Government’s budgets. Will the minister ensure that parliamentary committees have adequate time to consider the two documents together, as he recommended last year when he signed off the Finance Committee’s recommendations on that year’s budget?
As the member is aware, I was a member of the Finance Committee and I recognise the recommendations to which he refers. We have to wait for the revised budget from John Swinney, the Cabinet Secretary for Finance, Employment and Sustainable Growth. I hope that once the revised budget is published, we can engage in more dialogue on the issues that the member raises.
Climate Change Targets
As I said in response to his colleague, Jenny Marra, and as the member will be aware, the Government is almost two thirds of the way—it is certainly over halfway—towards meeting its initial target of a 42 per cent reduction. Like all members, I am disappointed with the performance on the 2010 emissions reduction target. As Stewart Stevenson explained when the data was published in July, the extreme cold weather at the start and end of 2010 was a significant factor, as it resulted in an additional 2.2 million tonnes of carbon dioxide being emitted by residential heating. [Paul Wheelhouse has corrected this contribution. See end of report.]
Given the comment about cold weather conditions in 2010 that his predecessor, Stewart Stevenson, made, will the minister put wishes for better weather in the coming winters alongside his warm words and commitment?
The indication for 2011 from United Kingdom data, which have yet to feed out, is that there has been a 25 per cent reduction in household production of CO2 through gas consumption. It is important for Opposition members to recognise that if we were to have a more favourable budget from the Westminster Government, we could achieve far more in addressing our carbon reduction targets.
Agricultural Sector (Stakeholder Engagment)
The Scottish Government has an intensive and on-going engagement programme with key agricultural organisations across a wide range of policy areas.
I ask the cabinet secretary about the engagement that he has had with organisations on employment in the agriculture sector. I know that the Joseph Rowntree Foundation has done a bit of work on the issue and that the Scottish Government has been looking at certain work around the Scottish Agricultural Wages Board. In addition, the citizens advice bureau in Perth has raised concerns with me about some employment issues that have come up over the summer. Is the issue on the cabinet secretary’s radar? What steps has the Scottish Government taken to address the issues?
I assure the member that the issue is certainly on the Government’s radar. Indeed, only last week the Scottish Government hosted a new entrants summit for the agriculture sector, at which a range of ideas came forward from the—thankfully—quite young new entrants who were there and want to build a career in agriculture. I will certainly take some of those initiatives forward.
What recent engagement has the Scottish Government had with key organisations in the crofting sector?
We have had a range of engagement and have discussed a range of issues.
In his discussions, has the cabinet secretary been aware of the growing concern about the manner in which the eligible land penalties are being applied to crofters and farmers? Is he aware that 23 more crofters and farmers in Shetland will be inspected this year and that 1,000 more units across Scotland will be a part of his department’s work in that area? Does he recognise that the European Union has not changed the underlying basis for the regime but that, between 2008 and 2012, his department changed how inspections are done?
The member raises a concern for many farmers and crofters. He will be aware of the disallowance by the European Union, which meant that we recently had to pay tens of millions of pounds. The auditors wanted more stringent application of the regulations in Scotland, to ensure that money from the public purse is spent correctly. It is therefore unfair simply to lay the responsibility at Scottish officials’ door. We are doing the work because it is in the wider interest of Scotland and of farmers to ensure that future payments are available.
Recycling Targets
Continuing to help local authorities to meet recycling targets is a priority for me and for zero waste Scotland. That is why we announced in the previous budget that we would invest almost £80 million over the next three years in an effort to reduce waste and recycle more.
A number of residents of high-rise flats in my constituency have particular problems with the provision of recycling bins at home. Will the Government assist local authorities in sharing ideas about their best practice on providing recycling bins, so that the residents of high-rise flats can manage the number of bins that are required?
The member raises the important issue that different local authorities in different parts of Scotland face different challenges in rolling out kerbside recycling. As Gil Paterson was right to point out, tenements face particular challenges. In relation to that, Glasgow City Council and other local authorities have tried new and innovative methods in recent years.
Waste Water Treatment Works (Seafield)
In line with the relevant code of practice, it is for regulators to ensure that effective arrangements are in place to minimise the emission of malodour from Seafield waste water treatment works. I recognise the member’s long interest in the issue. The Scottish Environment Protection Agency is the regulator for the waste-handling parts of the site and the City of Edinburgh Council is the regulator for all the other parts. Scottish Water is committed to working closely with both regulators.
Is the minister aware that, despite some investment by Scottish Water in Seafield, there are still frequent odour emissions that are completely unacceptable to the local community? Is he further aware that the City of Edinburgh Council’s transport, infrastructure and environment committee resolved at its meeting last week to make representations to Scottish Water about investment and action to deal with the continuing problems? Will he raise the matter with Scottish Water, as I will at a meeting this Friday?
In the 2006 to 2010 regulatory period, we invested £20 million to tackle malodour at Seafield. Any further investment would need to be proposed by the relevant regulators, based clearly on evidence and be a proportionate response to the problem that has been identified. That is not to diminish the issue that the member raises, which I recognise is a serious problem and has been so for some 10 years.
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