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Chamber and committees

Meeting of the Parliament

Meeting date: Thursday, September 19, 2013


Contents


General Question Time


Court Closures



1. To ask the Scottish Government what progress the Cabinet Secretary for Justice has made on implementing plans for the introduction of videolink facilities and family hearings in those towns where courts are to close. (S4O-02402)

The Cabinet Secretary for Justice (Kenny MacAskill)

The Scottish Court Service commitment was to establish a videolink in the vicinity of the town where a sheriff court would be closing. The SCS is introducing that in phased stages and plans are well advanced for those closing in November 2013, with potential sites identified and evaluation work under way.

Iain Gray

The cabinet secretary’s answer reveals that the words that were given to those courts that are closing in 2015—for example, the one in my home town of Haddington—were indeed just warm words to take the sting out of an unpalatable decision. Indeed, the Crown Office has recently confirmed that the fiscal office in Haddington will also close as a result of the decision, which will mean another huge vacant site in the middle of my home town’s high street. I thought that the cabinet secretary believed in community payback by vandals, so when is he going to start paying Haddington back for his vandalism in closing the town’s courts?

Kenny MacAskill

Mr Gray will be aware that Haddington court is not due to close until January 2015. Clearly, for the courts that are closing before then, work is on-going. Matters change and times change, as Mr Gray will remember. I have been checking and I note that all out-of-hours emergency child protection orders for Lothian and Borders, including cases in the jurisdiction of Haddington sheriff court, are actually dealt with in Edinburgh sheriff court. That arrangement has worked well since 1999. I know that at that stage Mr Gray was not the elected representative for East Lothian, but I recall that he served as a justice secretary for the then Scottish Executive, so he would have been aware of the arrangement that I have described. Therefore, it seems to me that Mr Gray is being rather hypocritical. When steps were taken to protect children when he was in office he made no criticism, but when steps are taken to progress justice overall, as we face tightening budgets from south of the border and the Scottish Court Service protects the integrity of the system, Mr Gray is critical.

Roderick Campbell (North East Fife) (SNP)

I understand from my correspondence with the Scottish Court Service that it is setting up transitional planning groups to oversee the transfer of business from courts that are closing, such as Cupar sheriff court. Will the cabinet secretary assure me that the Scottish Government will do all that it can to assist those transitional planning groups to bring forward plans, including on rolling out video facilities and family hearings?

Kenny MacAskill

Absolutely. I have every confidence in the Scottish Court Service taking forward those plans and working with stakeholders. The SCS intends to address the needs of vulnerable witnesses as a priority and will build on the platform of this provision to examine opportunities to extend the use of video technology within the terms of current and future legislation and to apply it to other types of procedure and hearings, including family hearings. I can give Mr Campbell the commitment that the matter is being taken forward for the particular community in which he lives. However, it is also the case that the Scottish Court Service, in conjunction with the judiciary, is seeking to extend video technology as much as possible in order to make justice better and simpler and to provide protection, especially for vulnerable witnesses.

John Scott (Ayr) (Con)

The cabinet secretary will be aware of mobile banks, mobile libraries, mobile breast-screening units and mobile magnetic resonance imaging scanning units, all of which can be moved by road to appropriate destinations. Has he considered the possibility of creating similar mobile court facilities as an alternative to videolinks to meet the legitimate concerns of people, particularly witnesses, about having to travel very long distances to give evidence?

Kenny MacAskill

That is an interesting thought. It would not be a matter for my domain, because ultimately it is one for the Lord President and the Scottish Court Service. However, Mr Scott’s suggestion is an appropriate one, and courts have always had the ability to be mobile. For example, as a defence agent, I have in the past taken evidence in people’s houses and attended at people’s hospital beds when sheriffs took evidence there. Therefore, such mobility is available when there is a clear need for it because individuals are unable to attend court, as Mr Scott will have seen even on television when locus visits are carried out.

We already have, I think, a system that allows the flexibility to ensure that certain matters can be dealt with. However, I am happy to feed Mr Scott’s suggestion back to the Lord President when I meet him later this week. I am sure that he will take it on board, because he understands the requirement for people to have access to justice.

Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP)

I refer the cabinet secretary to the closure of Peebles sheriff court and to page 6 of the document “Proposed Joint Feasibility Study to Review Future Delivery of Justice Services in the Scottish Borders”, which states:

“all opportunities to provide a technology solution will be investigated.”

Can I take it that that will not be in place of the proposed justice centre in Galashiels?

Kenny MacAskill

The work on technology is on-going. As I mentioned to Mr Campbell, it relates not simply to the courts that are due for closure, but to the making justice work programme across the judicial sector in Scotland. These matters are not an either/or; they are not mutually contradictory. I understand that the Scottish Court Service has already had bilateral discussions with Scottish Borders Council and that a remit for a feasibility study has been agreed between the Court Service, the council and justice organisations to assess the most efficient, effective and economically advantageous method of future provision of an integrated justice service for the Borders. The feasibility study group has met and is taking forward wider engagement with Victim Support Scotland, Scottish Women’s Aid and other such organisations.


Road Safety Education



2. To ask the Scottish Government whether the participation of police officers makes a positive difference to road safety education in schools. (S4O-02403)

The Cabinet Secretary for Justice (Kenny MacAskill)

Police Scotland is committed to partnership working on road safety issues. It has established the trunk roads unit, supported by 14 divisional road traffic units, to ensure that there is national co-ordination of local delivery of roads policing.

Within Mr Macdonald’s area, it is for Chief Superintendent Mark McLaren, as the local commander, to work with local partners to shape and deliver road safety engagement. I understand that there has been direct engagement with pupils to support safety on the roads at Markethill primary school in Inverurie and at Fochabers school, and the police are working with Moray Housing Partnership in response to road safety concerns. In addition, Police Scotland is engaged in the safe drive, stay alive campaign, the A947 study group and the be a better biker courses, and it runs a number of car-seat clinics at a variety of locations across the area to provide better advice and guidance to parents.

Lewis Macdonald

Does the cabinet secretary agree that the principle of preventative spend should apply to road safety as well as to other areas and that police investment in road safety education is a good way in which to spend to save? If so, how will Police Scotland continue to do that work in regions such as the north-east, where the police have previously been active in road safety education? In particular, how will the police approach community planning in order to continue the good work that Grampian Police did as a community planning partner?

Kenny MacAskill

I do not think that it would be appropriate for me to comment for the police. If Mr Macdonald has a particular question, he will no doubt put it to Mr Murray, who is head of the road policing unit. However, it is appropriate to point out that road safety is taken very seriously not just by the police but by the Government. In addition, section 39 of the Road Traffic Act 1988 places a statutory duty on local authorities to promote road safety, undertake studies of road accidents and take steps to both reduce and prevent accidents. As a former transport minister, Mr Macdonald will be aware of that, and doubtless he will have taken it on board as a former justice spokesman.

Under the 1988 act, primary responsibility lies with the local authority but, as I mentioned, the police are doing everything that they can to work with others because everybody has a responsibility to keep people safe on the roads. The statutory responsibility for education rests with the local authority, and the police have statutory duties as part of the powers of the office of constable. I am sure that, together, they will help to make Scotland’s roads safer still.

Alison McInnes (North East Scotland) (LD)

Road safety has, until now, involved a multi-agency partnership. Five core partners are defined in statute for the community planning process, the police being one of them. What does the future hold for community planning in the light of the chief constable’s reported view that Police Scotland is “not a solutions agency” but “a restraining agency”?

Kenny MacAskill

Having spoken to Steve House, I think that people should listen to what he says and not necessarily what he is reported or alleged to have said.

The position here goes back to the point that I made to Mr Macdonald. There is an issue. We face problems in a variety of areas. It is not the case that there are problems only in rural areas, but there are particular problems in rural areas of Aberdeenshire, Fife and the south-west of Scotland with young men, in particular, losing their lives. We have seen tragedies, and we have to educate those in schools and who go on the roads to avoid further needless deaths. That is a responsibility for each and every one of us.

The police have looked at this matter, and it is quite clear that the statutory duty rests with the local authorities—I know that from experience here in the city of Edinburgh, having been with the local authority, the education department and teachers and having been present when local police officers have come in. The issue is how we work together. Each has a particular role to play; we can and must make Scotland’s roads safer but we need to work together on the issue.

Equally, there are certain issues with regard to taking action on the roads over which only the police, through the office of constable, have powers and there are other issues under the Road Traffic Act 1988 for which, as transport ministers and justice ministers know, responsibility rests with the local authority.

Before I call Stewart Maxwell for question 3, I must tell members that I really want to make progress through the questions and would therefore very much appreciate brief questions and answers.


Injury Surveillance Programme



3. To ask the Scottish Government what progress has been made on implementing an injury surveillance programme. (S4O-02404)

The Cabinet Secretary for Justice (Kenny MacAskill)

Following the success of the assault injury surveillance model in Lanarkshire, the Scottish Government has recognised that the programme could be very valuable to both NHS Scotland and Police Scotland. We are working with a range of partners under the building safer communities programme to reduce harm to communities and to roll the programme out. In short, a project is under way that includes a national assault injury surveillance programme.

Stewart Maxwell

As the cabinet secretary will be aware, I first raised the issue of injury surveillance in 2005 and I remain committed to the belief that the measure will be effective. According to figures from the first year of trials at three NHS Lanarkshire sites, unreported crime is falling faster than reported crime and crime overall is steadily decreasing. I recently wrote to the cabinet secretary to urge the Government to press ahead with the implementation of an injury surveillance system across all national health service boards. What challenges has the Government faced in rolling out such a system?

Kenny MacAskill

I am grateful to Mr Maxwell for raising the issue and acknowledge his long-standing commitment to it. Although there have been problems with data sharing, they are being overcome and, in partnership with the violence reduction unit, we are now seeking to roll the project out nationally. I am grateful for the Lanarkshire pilot and Mr Maxwell’s support and endeavour in driving the issue forward. I assure him that we are seeking to build on that commitment.

Question 4 in the name of Mike MacKenzie has been withdrawn. The member has provided an explanation.


Scottish Court Service



5. To ask the Scottish Government when the Cabinet Secretary for Justice last met the chief executive of the Scottish Court Service and what was discussed. (S4O-02406)

I meet the chief executive of the Scottish Court Service regularly. The last formal meeting was on 26 March, when I was given an update on SCS plans.

Duncan McNeil

In the past three financial years, offenders in Scotland have received a staggering 450,000 warning letters for defaulting on their fines. On top of that, 200,000 court citations and 90,000 arrest warrants were issued for non-payment between 2009 and 2012 and, in my constituency, three offenders have amassed nearly 100 unpaid fines among them. Does the cabinet secretary accept that those figures show a serious weakness in our justice system? What is he going to do to address this serious problem?

Kenny MacAskill

I read Mr McNeil’s press release prior to his question and can only indicate the following response: 89 per cent of the value of sheriff court fines imposed between 1 April 2009 and 31 March 2012 has been paid or is on track to be paid. This Government, through the Court Service is delivering. Changes have been made to improve the system that we inherited from our predecessors—for example, by allowing earnings to be arrested and people’s caravans, cars and so on to be taken—and fine enforcement officers are delivering.

Much more could be done on, for example, court closures and enforcement if the Court Service had access to funds and was not facing cuts from the coalition Government south of the border, and I find it surprising that Mr McNeil prefers a system in which many of these fines, amounting to millions of pounds, routinely go to the Treasury in London instead of being available for justice here in Scotland. Perhaps the member should consider that.


Average Speed Cameras (A96)



6. To ask the Scottish Government what plans it has to install average speed cameras on the A96. (S4O-02407)

We have no plans to install average speed cameras on the A96 trunk road.

Nanette Milne

I thank the minister for that response and I am relieved to hear it, because similar opposition to that expressed in respect of the average speed cameras on the A9 has been expressed in Aberdeenshire in respect of average speed cameras on the A96.

What evidence has the Government been given that speed cameras have improved accident rates? Will the Government agree to publish detailed information on each speed camera site, including accident rates and how much has been raised in fines?

Nicola Sturgeon

I would be happy to discuss the issue in more detail with Nanette Milne. The question was about the A96 and, while there are no plans to install average speed cameras on the A96, the member will be aware of the safety improvements that have already been made on the A96 trunk road and the further improvements that are planned, including a recommendation to reduce the speed limit.

Nanette Milne will be aware that average speed cameras have delivered casualty reductions where they have been permanently deployed in the United Kingdom. That said, we need to consider carefully the suitability of the tool on a case-by-case basis. Detailed consideration has been given to ensure that such a scheme is fit for purpose on the A9. There are particular factors on the A9 around length, forward visibility, geometry, junction spacing and physical speeds, all of which have informed the decisions that have been taken.

As I said, I would be happy to discuss the matter with the member if she wishes.


Business Rates Incentivisation Scheme



7. To ask the Scottish Government what recent progress it has made in taking forward the business rates incentivisation scheme. (S4O-02408)

The Minister for Local Government and Planning (Derek Mackay)

I can confirm that Convention of Scottish Local Authorities leaders took the decision, at their meeting at the end of May, that they did not want to consider the review of the 2012-13 business rates incentivisation scheme targets until the final non-domestic rates audited figures for 2012-13 are available. I can confirm that those audited returns are not due to be submitted until 31 January 2014, with the final validation not expected until 28 February 2014.

Richard Baker

The minister has confirmed that there is no agreement between councils and the Scottish Government that ministers were justified in the dramatic movement of the goalposts for the business rates scheme target that has meant that, for example, Aberdeen City Council will receive only £300,000 rather than £5.8 million to invest locally. When the review is concluded, will it mean that councils will be able to invest in one of the funds locally, and will the commitment that was given to councils by ministers be honoured?

Derek Mackay

Mr Baker has misrepresented the circumstances, I think. The same rules and the same agreement apply with respect to local authorities. They have asked for time to look at their own returns to ensure that they are properly audited, and the Scottish Government is more than happy to give them that time, so that they can make the right decisions with regard to this particular scheme.

We agreed that, if there were significant events, we would reconsider the targets. That is what has happened given a significant event in the shape of the loss of revaluation appeals.

Aberdeen will, of course, get what it is entitled to. However, Mr Baker should be aware, from studying the facts, that the overall rateable value of non-domestic properties in Aberdeen actually reduced by £4.3 million over that financial year. I am sure that Mr Baker will study the facts more closely in the future.


Home Energy Efficiency Programmes



8. To ask the Scottish Government what progress it has made on implementing the home energy efficiency programmes for Scotland. (S4O-02409)

The Minister for Housing and Welfare (Margaret Burgess)

The HEEPS were launched on 1 April this year. To date, we have issued offers of grant for area-based schemes totalling just under £46 million, which will result in 25,000 to 30,000 households receiving around 40,000 measures to improve the energy efficiency of their home and help to tackle fuel poverty.

We have also signed memoranda of understanding with three energy suppliers to deliver the affordable warmth scheme. From April to the end of August 2013, a total of around 3,500 referrals were made.

Finally, from April to the end of August 2013, around 2,100 referrals were made to the energy assistance scheme, with more than 700 completed installations reported.

How many households have been helped by the scheme so far? Could the minister arrange for those figures to be collated?

Yes, we will collect those figures and we will certainly keep the member up to date. However, I can tell her that £2.2 million has been allocated to South Lanarkshire Council.