SCOTTISH EXECUTIVE
Justice and Law Officers
Good afternoon. The first item of business is themed question time, and the first set of questions is on justice and law officers. I call Michael Matheson to ask question 1.
Sentencing Reform (Women's Organisations)
To ask the Scottish Executive what discussions the Cabinet Secretary for Justice has had with women's organisations about the Scottish Government's proposals for sentencing reform. (S3O-9177)
The Scottish Government consulted widely on its proposals for sentencing reform and a number of women's organisations participated in the consultation process. In preparation for the publication of the sentencing council consultation, my officials met representatives of Scottish Women's Aid, Rape Crisis Scotland and Victim Support Scotland to discuss our plans for the council and the work that it might do.
I remind the minister that consulting widely is not necessarily the same as making a point of ensuring that we hear particular voices on an issue of concern.
All those organisations are key stakeholders. We speak to them on a variety of subjects and particularly on one that is so critical to them. I remind the member that the proposal is a presumption against sentences of six months or less. Why is it a presumption? Because we recognise that there are instances in which somebody should get a sentence of six months or less. Equally, there are some cases where people should get a significantly longer sentence. That will remain, correctly, a matter for the judiciary.
What discussions did the cabinet secretary have with the organisations that were mentioned about harassment and stalking? What does he propose to do to improve the law in that area?
It is clear from discussions that I have had with both the Crown and the police that individuals face a specific problem. Recent decisions in the High Court might well impact on the matter. The Government is looking favourably on the concept of lodging an amendment that contains some legislative provision on the matter. Clearly, we have to ensure that the small minority of people who carry out such acts, which are deeply frightening and concerning to the individuals concerned, can be brought to justice and dealt with appropriately.
Succession (Legislation)
To ask the Scottish Government what plans it has to legislate in relation to the Scottish Law Commission's "Report on Succession", published in April 2009. (S3O-9233)
The "Report on Succession" recommends significant reforms to the law. I provided an initial response in July. Subsequently, in answer to a parliamentary question from Ian McKee, I confirmed that I had also met the commission's chairman. The Scottish Government is now having a dialogue with and consulting stakeholders to inform the way forward. Plans for legislation will be finalised in the light of that work, taking account of all relevant perspectives.
Succession was last legislated on in the 1960s, and indeed the Scottish Law Commission's 1990 review was not acted on in the Parliament's first eight years. I am delighted with the indicated timetable, which I presume means that an answer will emerge only after 2011. However, it is important that, as far as equality in family law is concerned, the interpretation of heritable property succession rights is legislated on as early as possible.
Rob Gibson is entirely correct to say that the current law rests on the Succession (Scotland) Act 1964, which, although it has served Scotland well, now needs considerable updating. We hope to take that forward through consultation, and in that regard I am delighted that the Justice Committee has responded positively to my suggestion of meeting the commission informally to discuss the report. Given the complexity of the issues, not least the recommendation to abolish the distinction between heritable and movable property—something, indeed, that Rob Gibson raised in his member's bill in 2006—the widest consultation should be carried out to ensure that we maintain a consensual approach. With that in mind, it is more likely than not that legislation will emerge only after the end of this parliamentary session.
Like everything else that comes before the Justice Committee at the moment, the matter is complex. However, does the minister agree that a degree of urgency is needed, given that, apart from anything else, the 1964 act was predicated on the concept of the so-called nuclear family, which, of course, is quite different from the realities of modern life?
I am sure that the convener of the Justice Committee bears up well under the heavy burdens that rest on his shoulders. I entirely agree with his sentiment that there be a degree of urgency. However, given the range of issues involved, the nature of the SLC's specific recommendations and issues arising from the different family background that the member correctly referred to, we advocate an approach based on the maxim "Festina lente".
Which happens to be my family motto.
Community Planning Partnerships
Hasten slowly, Presiding Officer, but I thank you for calling me.
When I visited South Ayrshire in April 2008, I saw the excellent work being taken forward by the community planning partnership to engage communities in tackling crime and antisocial behaviour. I fully support the area's problem-solving approach and want to promote it nationally. Indeed, that is why in October last year I launched the safer communities programme, which provides direct support to community safety partnerships, local authorities and others to tackle issues that are important to our communities.
The minister has very effectively answered what was to be my supplementary question. However, I would still like to know what further and specific measures he intends to take to promote nationally the very effective partnership working that he has seen for himself in South Ayrshire.
First of all, we recognise the dramatic drop in reports of antisocial behaviour and youth disorder in South Ayrshire. Secondly, we have supported South Ayrshire—and, indeed, other parts of Scotland—with the partnership approach that we advocated in our safer streets programme. Finally, I recall from my visit to South Ayrshire and discussions with local elected councillors and council leaders that one of the most successful measures was the use of effective youth diversion schemes. Where possible, we want to divert young people from crime before there is any question of their going to jail or facing stronger sentences. We will be advocating that approach and, I hope, bringing forward measures to increase the use of effective youth diversion programmes in our country.
There is no doubt that engaging with communities is vital in overcoming antisocial behaviour. What is being done to ensure that local councils work effectively with community planning partnerships to help community groups to work with young people and victims to defeat antisocial behaviour in their communities?
It is essential that local authorities play their full part, and I am confident that that is exactly what they are doing. I chair the national community safety strategic group, which includes representatives of the Convention of Scottish Local Authorities. I pay tribute to Councillor Harry McGuigan of COSLA who, with me, produced the approach that we have adopted to antisocial behaviour and took what I hope is a non-partisan approach to developing the various strands and policies that have, I believe, been deployed effectively throughout Scotland, as Mr Kelly knows.
Domestic Abuse (Protection of Victims)
To ask the Scottish Executive what action is being taken in the criminal justice system to protect victims of domestic abuse from perpetrators. (S3O-9170)
The Scottish Government is clear that domestic abuse is never acceptable and we continue to work with our key partners to address its many forms. The police treat reports of domestic abuse as a matter of priority, and Strathclyde Police recently established a domestic abuse task force. The Crown Office and Procurator Fiscal Service provides specialist training for all legal staff, and it also has a dedicated specialist unit in Glasgow. Glasgow sheriff court has successfully piloted the concept of a domestic abuse court, the result of which has been the preparation of a domestic abuse toolkit, which has been shared with courts throughout Scotland.
I welcome the progress that is being made. I am sure that the minister is aware of the detail of Rhoda Grant's proposed member's bill, the civil protection orders and access to justice (Scotland) bill. Will he give it his full support?
We are happy to look at those matters. Equally, we have to recognise that all public funding faces challenges, particularly the legal aid fund. Priorities clearly have to be dealt with, and victims of domestic abuse must be protected. However, we live in a world where those who are substantially well endowed might have to meet some costs themselves. We are more than happy to consider those challenges, but we must ensure that we take action to tackle the perpetrators and protect the victims. That is why I paid tribute to the police force in Strathclyde, where particular action was taken on the day of the old firm game, because we all know that when strong drink is taken when an old firm game or any other fixture is on, some people think that it is fair to go home and batter their wife or partner. That is entirely unacceptable, and we have to take steps to ensure that we nip it in the bud. In the world in which we live, we have to prioritise the protection of the weakest and most vulnerable, and certainly those who do not have access to funds.
Domestic Abuse (Sentencing)
To ask the Scottish Executive in how many cases involving domestic abuse the convicted person was given a custodial sentence of six months or less over the last three years for which figures are available. (S3O-9154)
The number of individuals given a custodial sentence of six months or less for a main offence with a domestic aggravator are as follows: 442 in 2005-06, 472 in 2006-07 and 540 in 2007-08.
We know, of course, that the figures given by the cabinet secretary mean that only 12 per cent of persons who were convicted of an offence involving a domestic aggravation received a custodial sentence at all, and all but a tiny fraction of sentences were for six months or less. The cabinet secretary says that in his proposed legislation there is only a presumption against short sentences. Will he consider amending his Criminal Justice and Licensing (Scotland) Bill so that that presumption will not apply to cases involving domestic aggravation? I am sure that that would reassure victims of such abuse and the organisations that represent their interests.
No. Such matters are best left in the hands of the judiciary. One reason why the Government is persuaded that there should be such a presumption is the representations that have been received from the likes of Sheriff Raeburn, who does an excellent job in the domestic abuse court in Glasgow. She is quite clear that there are cases in which a sentence should be well in excess of six months, cases in which a custodial sentence is not applicable, and cases in which she wishes to give the perpetrator a short, sharp shock.
Reliance
To ask the Scottish Executive what the current status is of the Reliance contract. (S3O-9176)
The contract between the Scottish ministers and Reliance Secure Task Management Ltd for the provision of prisoner escort and court custody services in Scotland went fully live in February 2005 and expires in January 2012.
Is it fair to assume that the cabinet secretary intends to continue the contract with Reliance? Clearly, his previously held principles escape more easily than people who are under the care of Reliance. Is it safe to assume that he no longer agrees with his own assessment that the whole process of privatisation has been a disaster from start to finish?
We are where we are. In opposition, we made it clear that we opposed the situation; however, Reliance is now in charge of the contract. The contract will be retendered later this year and a new contract will be awarded in 2011. As Mr Kerr might expect, it would be entirely inappropriate for me to comment on specific commercial matters. Those will be dealt with by the Scottish Prison Service, which does an excellent job in difficult circumstances.
Knife Crime
To ask the Scottish Executive how many knife crime incidents have taken place since 2007. (S3O-9241)
The number of recorded crimes for handling offensive weapons has dropped by 11 per cent since April 2007. Violent crime is also down 11 per cent since April 2007 and is now at its lowest level since 1986. That should come as no surprise, with a record number of police officers on the streets, record investment in activities for young people through cashback for communities and record investment in projects such as the community initiative to reduce violence, which is working with gangs in Glasgow to address the causes of violent offending.
I applaud the work that is being carried out in Glasgow, where the level of knife crime has decreased over the past year by up to 30 per cent in some areas. Does the cabinet secretary agree that there is indisputable evidence of the strong link between alcohol and knife crime? Will he join me in inviting Labour and Lib Dem members to join the burgeoning group of interested parties—including Labour's own Secretary of State for Health at Westminster—who agree that the time has come for tough measures, including the minimum pricing of alcohol, to tackle alcohol abuse and the scourge of knife crime?
Absolutely. I also pay tribute to my predecessor, Cathy Jamieson, who, as the Minister for Justice, coined the phrase "booze and blade culture" to describe what we have in Scotland. It is well known that, as night follows day, strong drink is taken and violence follows, whether that involves someone battering their wife or partner or stabbing and indiscriminate violence. That is entirely unacceptable. There is a clear correlation in many instances between such violence and cheap strong drink. That is why, as well as ensuring that we have a visible police presence and tough laws, those who want to talk tough in the chamber should join the Administration in being tough on the causes of crime, which include the availability and pricing of strong drink. They should support the Government's proposal for minimum pricing of alcohol to tackle the scourge of alcohol abuse and the violence that follows.
Despite his answer to the previous question, the cabinet secretary will agree that the level of knife crime is still too high and that too many young people are carrying knives. That view is held by the vast majority of Scots. He will also know that a well-known brand of alcohol has been shown to be responsible for more than 40 per cent of the crimes for which young offenders find themselves in HM Young Offenders Institution Polmont, having drunk that caffeinated alcohol and then carried out violent assaults. Will the cabinet secretary join the Labour Party in seeking to do something about that in order to protect our communities from the effects that cheap caffeinated alcohol has on them?
As I said earlier in the week, we have a vat of shame in Scotland that includes many strong drinks. Buckfast is up there, but a variety of cheap ciders, strong lagers and cheap vodkas all play their part in fuelling the violence. As I said in response to the earlier question, that cocktail is responsible for what my predecessor called our "booze and blade culture". We must take action to stop the abuse of alcohol and to promote responsible drinking. We must also ensure that we have responsible promotion of alcohol and responsible pricing. It is about time that we had fewer words of sympathy from Labour and more action to tackle cheap drink in our communities.
Rural Affairs and the Environment
Waste Reduction and Recycling Initiatives
To ask the Scottish Executive how it works in partnership with local authorities to promote waste reduction and recycling initiatives. (S3O-9229)
The Scottish Government recognises that local authorities have a key role to play in the delivery of the zero waste policy, and works closely with the Convention of Scottish Local Authorities, the Society of Local Authority Chief Executives and Senior Managers and local authorities—indeed, the zero waste fund is financing a post at COSLA. We also work with many other partners on a wide range of issues, including waste reduction and recycling initiatives.
As a regional MSP for Glasgow, I represent constituents in Glasgow and South Lanarkshire. I praise South Lanarkshire Council for recycling 37 per cent of waste, which places it seventh out of the 32 local authorities. However, I draw the cabinet secretary's attention to Glasgow, where the recycling rate is 20 per cent, which places it at the bottom of the 32 local authorities. There is a stark contrast for my constituents in neighbouring constituencies.
It is indeed the case that we require Glasgow to play its part in the effort to meet our national targets. That is why, over the past two years or so, the Scottish Government has had many conversations with that local authority. We are working with it to give it appropriate advice and find ways of improving its performance.
The cabinet secretary is aware of the Audit Scotland report, "Protecting and improving Scotland's environment", which was published this month. The report said that national recycling targets for 2010 are at risk of not being met and stated:
As I explained, a great deal of support is being given to local authorities across Scotland. We must not lose sight of the fact that, at this early stage, a number of local authorities have already achieved their 2010 target of recycling more than 40 per cent of waste. Further, Scotland as a whole achieved its landfill target some 18 months early. Progress is being made, although a number of challenges remain, and we need all local authorities in Scotland to do what they can to contribute towards the national targets. That is why we are giving significant resources to those local authorities.
Wildlife and Natural Environment Bill (Proposals)
To ask the Scottish Executive what discussions it has had with stakeholders regarding its proposals for the wildlife and natural environment bill. (S3O-9190)
I have held meetings with a wide range of stakeholders to ensure that their views are taken into account in developing the provisions of the wildlife and natural environment bill. Those discussions will continue until the bill has completed its parliamentary passage.
Is the minister aware of the plethora of examples of legally set free-running snares that do not operate as intended and which, as a consequence, catch non-target species, including protected species such as badgers, and cause inordinate animal suffering? I draw to her attention a leaflet produced by Advocates for Animals, which graphically illustrates that point. Will the minister respond to public opinion, as expressed in the Government's consultation, and support an amendment banning snaring completely?
I have, of course, consulted widely on that issue and on the other issues in the proposed bill. I have spoken to Advocates for Animals, the League Against Cruel Sports and the Scottish Society for the Prevention of Cruelty to Animals; I have also spoken to land management organisations, because there is a balance to be struck. As a Government minister, I must take into account all sides of the argument. We are trying, through both the snares orders that have just been laid and the provisions in the wildlife and natural environment bill, to strike the right balance to increase the professionalisation of those who set snares and ensure that the snares are identifiable back to those who set them. Through that professionalisation, I believe that we can reduce the number of non-target species that are caught in snares.
Following the question session on snaring in which the minister took part at the Public Petitions Committee last Tuesday, does she have any plans to encourage police forces to increase the number of wildlife crime officers across Scotland? I know that such officers are not present across the country. Perhaps she could consider the use of professional gamekeepers in the detection of wildlife crime, which is a serious problem.
We are in the middle of continuing discussions on precisely those issues. Indeed, I met the Solicitor General last week to discuss the way in which the approach to wildlife crime is being developed. I want to encourage very strongly all police forces in Scotland to take the issue extremely seriously. Much of what is discovered is illegal snaring. Snaring is a legal activity, but the way in which it is done can be illegal and that, rightly, gets a great amount of publicity. We want to encourage a much stronger and more forceful attitude to wildlife crime across Scotland. That includes the police taking the issue as seriously as they can.
Remediation
To ask the Scottish Government whether an assessment has been carried out of the number of sites in need of remediation resulting from industrial plants that closed during the recession. (S3O-9226)
These data are not held centrally. If there are concerns about specific industrial sites, the relevant local authority and the Scottish Environment Protection Agency should be contacted.
As the minister knows, in many areas communities have been scarred by vacant industrial sites, too many of which have languished for years in a derelict state. Is the minister confident that any kind of framework can be put in place to prevent the owners of sites that fall vacant during the recession from leaving them derelict to the detriment of local communities? If not, will she consider introducing such proposals to strengthen the powers of local authorities to secure remediation and possible reuse of the sites?
There is, of course, a vacant and derelict land fund, which is targeted towards long-term vacancy and dereliction. The member's more immediate concerns should be addressed in the first instance through the appropriate local authority. Local authorities have a range of powers in that regard; I am happy to give the member chapter and verse if he wishes to tackle his local authority on the issue. We believe that local authorities' existing powers are wide ranging and we currently have no plans to extend them in connection with short-term vacancy and dereliction.
Willie Coffey raises an important issue. The minister has responded to me on previous occasions in relation to the issue. I again ask the minister to examine closely the situation when individuals live in properties adjacent to derelict sites. I have had chapter and verse from the minister and I take her point about working with local authorities, but local authorities say that there is not the money to deal with the issue. Will she work with her colleagues to ensure that suitable funding is available?
Specific instances would need to be brought before me. I very much hope that local authorities are using the powers that are available to them. There is little point in us legislating to allow local authorities powers if they are not going to be used. In respect of buildings, powers under section 87 of the Civic Government (Scotland) Act 1982 refer to the ability of a local authority to deal with, I think, the kind of situation to which the member refers. If there is a widespread view that local authorities are not using the appropriate powers, we may need to take up the issue with the Convention of Scottish Local Authorities, but I would need to have a great deal more information from across Scotland to do that.
Question 4 was not lodged.
New Entrant Farmers
To ask the Scottish Executive how many new entrant farmers it has supported in North East Scotland since 2007. (S3O-9158)
New entrants who meet the European Union definition of a new entrant to farming can apply for support under the setting up young farmers—interest rate relief measure within the Scotland rural development programme rural priorities scheme. Since 2008, when the SRDP rural priorities scheme was first set up, 19 applications for support that included that measure have been approved throughout Scotland. Taking account of all the measures that were included in those applications, they amounted to support for those new entrants totalling about £4.5 million. Two of the applications, involving about £387,000, were from new entrants in Grampian and three of them, involving some £863,000, were from Tayside. The Scottish Government does not collect statistics on other new entrants or new entrants who do not apply for those specific measures. However, there is a wide range of support measures for which such new entrants can apply.
What further work will the Scottish Government do to increase the number of new entrant farmers throughout Scotland and particularly in the north-east, given the figures there? Does he agree that the United Kingdom Government support for the appointment of an ombudsman to ensure fairness between producers and retailers is welcome and will help to encourage new entrant farmers into the industry as well as helping those who are already in the sector?
Measures are being taken to attract even more applicants for the existing schemes. The issue is complex. A lack of capital and access to land are some of the obstacles to new entrants to farming. We have announced plans to take advantage of new flexibility in the rural development regulation to increase the level of support from €40,000 to €70,000, and within that we are adding a provision for an establishment grant of up to €30,000.
Does the cabinet secretary believe that the tenant farming sector is an important route for new entrants into farming and that the changes to limited duration tenancies and short limited duration tenancies that the tenant farming forum recommended in August 2009 would help to encourage more new tenant farmers?
The member is right that the tenant farming route is an extremely important one for new entrants. That is why, after coming to office, we set up the tenant farming forum to consider some of the obstacles that are in the way of new entrants to the tenancy sector. Accessing a tenancy is very difficult and complex for many young farmers and new entrants. We hope that some of the measures that the forum has proposed will make a difference and will make it a lot easier for new entrants to get into the sector.
The minister will know that the interim report of the Pack inquiry, which is published today, recognises that not enough is being done to encourage new entrants. The Pack report looks to possible solutions beyond 2013, and the minister has acknowledged that only 19 new entrants have gone into farming since the scheme was introduced. I know that the conditions are enforced by the European Union, but can he tell us what representations he has made to EU commissioners to further relax the scheme to assist new entrants into farming?
The member raises an important point about the inability of new entrants to access the single farm payment, which is of course crucial to making many farming operations in Scotland viable. As he rightly points out, the Pack review addresses that point. Basing the single farm payment on historical activity from 2000 to 2002 is not very helpful for new entrants who were not farming back then, which is why it is helpful that the Pack review refers to the issue.
Flooding
To ask the Scottish Executive what plans it has to deal with potential flooding situations resulting from the current severe weather conditions. (S3O-9172)
As the big freeze turns to the slow thaw, authorities throughout the country are stepping up their efforts to ensure that any potential flood threats are tackled in a concerted and co-ordinated way.
The minister is aware that alongside the continued thaw, there is a risk of heavy rain and that more snow is forecast. Will she reassure me that all steps are being taken by the Scottish Government and local authorities to ensure that all areas prone to flooding are fully protected? Will she consider having a central fund so that areas of most need are prioritised?
Questions about the budget are better addressed to my colleague, the Cabinet Secretary for Finance and Sustainable Growth. However, as a member who represents a constituency that has a substantial history of flooding and continues to have flooding issues, I am well aware of the difficulties that flooding raises for people and the concerns that folk have when they see that it is a possibility.
Zero Waste Fund (Allocations)
To ask the Scottish Government how many organisations in the (a) North Lanarkshire, (b) South Lanarkshire, (c) East Ayrshire and (d) Falkirk Council areas have been allocated funding from the zero waste fund. (S3O-9252)
Two organisations have been supported by moneys from the zero waste fund under the investment in community recycling and social enterprise III—or INCREASE III—community grants programme. They are Grangemouth Enterprises Ltd near Falkirk, which manages a project that recycles office furniture, and Active4All in Bellshill, North Lanarkshire, which runs a building materials reuse project. An anaerobic digestion plant that is being built by Scottish Water in North Lanarkshire is also in receipt of finance from the zero waste fund.
Have any applications been made by the four local authority areas that I mentioned to access a share of the £5 million capital grant to develop plastics recycling facilities in those areas?
There was a favoured bidder for the plastics recycling grant from the Scottish Government, but unfortunately the recession appears to have intervened in the process, which means that we will have to keep that fund open in the hope of attracting more applicants.
Grow-your-own Working Group
To ask the Scottish Government what feedback has been received from the grow-your-own working group, which first met on 10 December 2009. (S3O-9246)
I am pleased to say that the feedback has been very positive and I look forward to hearing the outcome of the group's work. It will meet next on 11 March.
The minister is well aware of the work that is being done throughout Scotland by individuals and community groups to increase the amount of land available for allotments and community gardens. I draw her attention to an example in Edinburgh—the North Edinburgh Trust. Groups such as that one sometimes struggle to identify land that can be used, even from within the public sector. Therefore, I ask the minister to encourage the grow-your-own working group to look into that issue, perhaps through an allotment summit, with a view to determining how we can take a strategic and more co-ordinated approach to developing underutilised land—often derelict pieces of land that could be well used for community spaces.
Those are the very issues that the working group is dealing with. I am happy to say that there will be a summit later this year—that is definite. The scope of and agenda for the summit are currently being addressed. I will ensure that the member's personal interest is flagged up to the working group. She can perhaps ask to attend it herself.
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