SCOTTISH EXECUTIVE
Rural Affairs and the Environment
Landfill Waste Reduction
To ask the Scottish Executive what assistance it is giving to local authorities to reduce the amount of waste going to landfill sites. (S3O-5615)
The Scottish Government has provided local authorities with record levels of funding over the period 2008-10. In line with the concordat, the majority of the funding, including the former strategic waste fund, is now provided by means of a block grant.
Will the minister join me in congratulating the City of Edinburgh Council on raising its recycling rate above 30 per cent this year? The council is ambitious in this regard and wants to improve on its performance.
I would not wish any obstacles to be placed in the way of enthusiasm for recycling among schools and other public organisations. I will be happy to investigate that concern further and to seek clarification on it. If we have to take action, we will consider that. I thank Margaret Smith for bringing the matter to my attention.
The Scottish Environment Protection Agency's "Waste Data Digest 8" states that, although the 30 per cent national target for recycling and composting was, by the end of last year, "likely to be achieved", achieving further targets "will be challenging." Does the cabinet secretary believe that the Scottish Government's national target of
Yes—I believe that the targets can be achieved. There is huge enthusiasm throughout Scotland to achieve such ambitious targets for the sake of the environment. Elaine Murray suggests that they are "challenging" targets: they certainly are, but I believe that Scotland is ready to meet them. As I said in my previous answer to Margaret Smith, we are making resources available. There are exciting and ambitious plans to increase rates of recycling in many local authority areas—we have already heard about the action that the City of Edinburgh Council has been taking.
Question 2 is withdrawn.
Forestry
To ask the Scottish Executive what discussions it has had with the staff of Forestry Commission Scotland and their trade unions over the future of Scotland's forests. (S3O-5561)
I met representatives of Forestry Commission trade unions on 4 November 2008, when we published a consultation paper on the forestry provisions in the Climate Change (Scotland) Bill. I have met union members since then at a number of consultation events. To help all staff consider the possible implications of those provisions, senior officials in Forestry Commission Scotland have organised staff meetings in Edinburgh, Stirling, Inverness, Perth, Aviemore, Oban, Dumfries and Stranraer. I have also met staff at other meetings.
The minister will be aware that his Government's proposals for the future of Scotland's forests have caused deep unease in Parliament and, more important, they have caused great anxiety among Forestry Commission staff. I have just come from a meeting with staff who are in the trade unions, at which I heard their concerns at first hand. Is the minister aware that the Forestry Commission trade unions have offered an alternative to meeting the Scottish Government's climate change commitments that does not require the handing over of more than 25 per cent of Scotland's national forest estate to the private sector in a 75-year lease—which is, in effect, back-door privatisation? Will he give a commitment today to respond positively to the unions' proposals, in order to ensure that the jobs remain firmly in the public sector?
No—I will not give that commitment, and I will tell Bill Butler why. I have not seen the proposals, and it would be very foolish of me to commit to proposals that I have not seen. However, I have said repeatedly to everybody involved in the consultation—particularly to those who are willing to listen and debate, which includes a number of people in the forestry sector but very few from the Labour or Liberal seats in Parliament—that I am entirely open to other ideas. Indeed, I have said repeatedly that a monopoly of wisdom on the issue does not lie in any one place and that the proposals can be improved.
The minister may be aware that I am broadly supportive of his proposals to lease part of the forestry land in order to raise resources, but can he tell me what other efforts have been made to explore alternative funding streams that may release the same resources? In particular, is there an option to look at carbon trading mechanisms, which could bring resources into Scottish forestry to be used to expand the planting rate?
There are a number of possible options. However, one of the great difficulties that the Scottish Government and the Scottish Parliament have is that—bizarrely, in the world of democracy—the Government cannot borrow. It is also a Government that does not have full tax powers at its command. The classic means by which we could increase the amount of planting in Scotland, which would include tax incentives and mechanisms to support the price of timber—which might include borrowing to undertake activity such as we are talking about, given that it is an early investment in tackling climate change—are not available to this Government. We must therefore be inventive about how we increase the planting rate. We must raise the rate—which is at about 4,000 hectares a year—to 10,000 hectares a year, and we should try to take it higher than that. I am trying to find a way to do that and am open to any and all suggestions.
Question 4 was not lodged.
Climate Challenge Fund
To ask the Scottish Executive how many applications there have been to the climate challenge fund and how many have been successful. (S3O-5562)
The climate challenge fund has received 225 formal expressions of interest. So far, 82 of those have been developed into full applications and considered by the independent grants panel, and 56 have been successful in receiving funding.
Will the minister join me in congratulating the active Leith project and the north Edinburgh community climate change initiative on their success in the latest round of the fund? Does he agree that community grass-roots action, as demonstrated by both those initiatives, is vital in the battle against climate change? Will he do everything he can to promote the fund and to ensure that there are no underspends, so that carbon savings can be achieved in communities across Scotland?
I answer yes to all Malcolm Chisholm's questions. I very much welcome his warm response to the impact that the climate challenge fund, which has attracted cross-party support, is having and I join him in congratulating the active Leith project which is, as he said, being funded by the challenge fund. I agree that grass-roots action to tackle climate change and global warming is an important way forward, which is one of the reasons why the fund is proving to be successful. We will make every effort to make it even more successful and to ensure that the resources end up in the hands of grass-roots organisations the length and breadth of Scotland.
I add my congratulations to the two schemes that have been mentioned and I draw to the minister's attention another scheme that was successful in the last funding round, which is the piper scheme in west Edinburgh. There is, however, a difficulty in that we need to know the actual carbon reduction that is achieved through each successful project. What has been done to measure the significant impact that the schemes can have not just on invigorating our local communities, but on the climate change agenda as a whole?
There is guidance in place for projects. One of the criteria that are taken into account is the need to ensure that projects will reduce the carbon footprints of their communities. The Government and the whole country are paying a lot of attention to the question of how we can best measure reductions in carbon footprints in the years ahead.
I welcome the comments of the minister and other members, as they demonstrate once again that so many of the Scottish National Party's best ideas come through negotiation with the Scottish Green Party.
We welcome the support of the Greens for this initiative. A lot of effort is being made across the country to make communities aware of the kind of funding streams that are available to reduce Scotland's carbon footprint. Of course, the climate challenge fund is aimed at grass-roots activity, as we have just been discussing.
Question 6 is not lodged.
LEADER Programme (Aberdeenshire)
To ask the Scottish Executive what action it is taking to ensure that the rural Aberdeenshire LEADER programme is properly resourced. (S3O-5608)
I have approved the award of £3.36 million to the rural Aberdeenshire local action group from the LEADER fund. The group bid for £3.46 million. The total of the bids that was received was far in excess of the funding that was available, but the Aberdeenshire bid was commendably strong.
The cabinet secretary will be aware of the concerns that Aberdeenshire Council has expressed on this matter.
As Alison McInnes said, the Scottish Enterprise matched funding is about that amount. Of course, if good projects are forthcoming from our rural local authorities, they can bid for cash to be made available to them from Scottish Enterprise.
Eco-schools
To ask the Scottish Executive what action its rural directorate is taking to promote environmental awareness through further development of the eco-schools programme. (S3O-5581)
As Ken Macintosh will know, the eco-schools programme in Scotland is one of the most successful in the world, and the Scottish Government continues to develop it. Since May 2007, 353 schools have been awarded green flags, which brings the total number of Scottish schools with green flag status to 744. On current trends, we expect to see Scotland's 1000th green flag school by 2010.
Does the minister agree that we must build on the success of this phenomenally successful programme? Would he consider improving the Scottish Government's contribution by, for example, collecting information on energy efficiency standards in our schools, by requiring schools to source their electricity from renewable sources and by encouraging greater use of microgeneration in our schools?
Of course I would encourage schools to make greater use of microgeneration. At the risk of bringing the issue too close to home, I know that my wife's school is using a solar panel and is interested in taking the idea even further. However, there are a range of routes by which such material can come to schools. For example, there have been some interesting innovations by power companies that are assisting schools.
I recently visited the Haddo forest school, which is run by the Woodland Trust and Aberdeenshire Council. I was extremely impressed by the many life skills that the pupils are learning in ways that really stimulate their enthusiasm. Does the minister agree that such programmes are equally valuable in developing environmental awareness in our young people and is he willing to promote such schemes in tandem with the eco-schools initiative?
I entirely agree that it is not an either/or situation—there are several good initiatives. The eco-schools initiative is specifically designed to involve not only the school, but the whole community. The forest schools movement, which is also successful, has been well supported by the Forestry Commission and other organisations and is involved in transferring a unique range of skills to young people and teachers. I want to encourage many different initiatives and to make it clear that involvement in environmental education, gaining knowledge of the environment and having a much more active relationship with the environment are no longer an option in education, but are part of the main stream.
Agricultural Pay and Conditions
To ask the Scottish Executive when it plans to publish responses to the recent consultation on agricultural pay and conditions. (S3O-5592)
Consultation responses on the review of the Scottish Agricultural Wages Board were published on Tuesday 20 January 2009.
That is the most rapid response to a question that I have heard from a Government. Does the minister agree that any response by the Government should be based not on the scale of the responses, but on the merits of the case, particularly recognising the low density and geographically disparate distribution of workers in the industry?
We received 44 responses to the consultation and opinion was divided among them, so it was not easy to get a clear message from the exercise. Many of the issues that Dr Simpson raises were included in the responses that we received, and we treat those points seriously. We are reviewing the Scottish Agricultural Wages Board because it dates back to 1949. Members will agree that, in this day and age, it makes sense to review a body that was set up so long ago. Since then, we have had the advent of the minimum wage and the working time directive. I assure the member that we will be conscious of the impact on workers' conditions as we reach a decision, but we must take into account a range of factors and we will do so.
Does the cabinet secretary agree that, with the establishment of a national minimum wage, it is simply no longer tenable for the agriculture industry alone to be burdened with the decrees of a body such as the Scottish Agricultural Wages Board, which is now actively preventing young men and women from taking up or being given jobs on the land? Will he therefore consider abolishing that quango, which is in truth unnecessary and unfit for purpose?
Although we have not reached a decision, we are taking into account the fact that the agriculture sector is the only sector that has a body for wages regulation. We are also considering its impact on attracting young people into the industry. Several farmers and others in the agriculture sector have made that point to us. Young people have expressed the view that the lack of wage bands means that it is not easy for them to get a first job on a farm. We have not reached a decision, but we are taking into account all those factors. I am sure that members will agree that, given the division of opinion, we should ensure that we take the right decision.
Question 10 is not lodged. We will move to themed questions on justice and law officers.
On a point of order, Presiding Officer. You will be aware that three questions were not lodged in the rural affairs and environment themed question time and that one was withdrawn, which means that only six questions have been asked on the subject. Many members—myself included—would have been happy to ask questions, but have been denied that by other members who have, apparently, not taken the trouble to lodge questions. Will you reflect on that problem and let me know whether something can be done about it?
We are aware of the problem, but we are not necessarily in control of what members do. I apologise for not lodging my question because I found out that I was going to be in the chair and would therefore be unable to call myself. I point out, however, that the entire question time was taken up with questions to the relevant ministers; therefore we have not lost out in that sense.
Justice and Law Officers
Direct Measures
To ask the Scottish Executive how many people charged with assault to injury have received a direct measure since 1 April 2008. (S3O-5603)
Direct measures introduced by summary justice reform were issued by procurators fiscal for 521 charges of assault to injury between April and September 2008. That amounted to 2 per cent of all such direct measures issued during that time and only 9 per cent of all charges of assault to injury received by procurators fiscal during that time.
From quick arithmetic, it appears that about four people a day are given a direct measure for assault to injury, which shows a disconnect between the deeds and words of the Government. We heard just today from the First Minister that people who commit violence should get long sentences. Assault to injury is clearly a crime of violence, so what action is the Government taking to ensure that violent criminals do not receive direct measures?
The guidance says that direct measures should not be issued for serious assault. In respect of minor assault, it is perfectly acceptable for procurators fiscal, using their judgment and the factors set out in the prosecution code, to issue direct measures.
Yes.
I am afraid that I disagree. There is discretion for procurators fiscal to exercise judgment. The factors that they take into account are well known and are set out in the prosecution code. Therefore, I must disagree with any proposition that someone who commits such assaults requires a criminal prosecution.
Does the Solicitor General believe that the introduction of summary justice reform will free up police to spend more time on the beat making our streets safer?
Yes. The available statistics seem to demonstrate that. For example, in the three months to September 2008, 23 per cent more cases were dealt with by a plea at the outset of the case as a result of summary justice reform. That drills down into 5,000 witness citations spared, 60 per cent of which would be for police officers. Think about the administration that would be involved in that—a significant number of police officers are now not required to prepare and submit witness statements to procurators fiscal, who are not required to prepare subsequent cases for intermediate diet or trial. There has been a significant saving as a result of summary justice reform and a benefit to the public of having more efficient and effective summary justice.
Serious Fraud Investigations
To ask the Scottish Executive what steps have been taken to ensure that the investigation of serious fraud in Scotland can be carried out effectively. (S3O-5596)
The national casework division at the Crown Office and the police work in partnership to investigate and prosecute high-value complex fraud. That is working. For example, a recent case resulted in a bank manager pleading guilty to a £21.3 million fraud from his bank. He was sentenced to 10 years' imprisonment.
As the minister is aware, the Serious Fraud Office in England has launched an investigation into frauds that have allegedly been committed by Bernard Madoff. Those frauds might have an impact on businesses and individuals in this country, including the Royal Bank of Scotland, which—it is said—might have lost up to £400 million.
Whether there should be an investigation in Scotland into the affairs of Bernard Madoff is entirely a matter for the police and the Crown Office, not—as Mr McLetchie is well aware—for Scottish ministers. However, if the Royal Bank of Scotland or any other company were to make a complaint to the police that they had been the subject of fraud by Mr Madoff, it would be investigated by the police.
It is clear that the development of the new crime campus at Gartcosh, which will bring together the key agencies that are involved in tackling crime, could be of huge benefit in tackling cases of major criminal fraud. Can the minister assure us that there will be no further delays in its construction and give us a clear timetable for when it will open?
The Government supports the establishment of the campus at Gartcosh, which will enable us to bring together under one roof people who are all working towards the same objective—not least those in the Scottish Crime and Drug Enforcement Agency. To be fair, there is unanimity on the issue—at least in relation to aims—across all parties. My understanding is that the work towards establishing Gartcosh is in train, and no notice of any expected delay has come to my attention. If Mr Baker wishes to write to me, I would be happy to examine in more detail the specific issue that he has raised today.
Residency and Contact Orders
To ask the Scottish Executive how many reported breaches of residency and contact orders there have been in each year since 2006. (S3O-5598)
Neither the current nor the previous Administration has considered it appropriate to collect those data. However, we believe that breaches of residency and contact orders are a factor in only a minority of cases. We appreciate that such situations can be frustrating and upsetting for those who are affected. Wherever possible, conflicts should be resolved in a consensual and collaborative fashion, since the paramount consideration in such cases must always be the welfare of the child.
I consider it to be regrettable that hard evidence is not held on such an important subject, and I hope that the minister will consider that issue in the future. In the meantime, is he aware of the excellent work that is done by Family Mediation South Lanarkshire, which takes referrals from throughout Lanarkshire, and which—through the use of contact centres, mediation and parenting education programmes—supports families in crisis to regulate and normalise contact for the sake of children?
I accept entirely the excellent role that is played by family mediation services. I know that the member, along with other members, takes a particular interest in the matter.
I ask the cabinet secretary how the Government is working with family mediation groups to ensure that breaches of residency and contact orders are kept to a minimum.
I am grateful to Christina McKelvie for the promotion, although I am not sure that it is entirely accurate.
Margaret Mitchell raises a valid point about breaches. One way in which to tackle contact issues is to ensure that there is a local contact centre. The previous Labour-led Scottish Executive agreed a transitional funding arrangement for contact centres while funding was switched from national to local government. What discussions have taken place with local authorities to ensure that funding for contact centres is properly maintained?
There are 37 contact centres in Scotland, 30 of which are managed by Relationships Scotland. I am aware of the good work that is done at contact centres, which employ the methods of mediation and collaboration to try to sort matters out with both parents by agreement. We value the work that they do.
Proceeds of Crime (Reinvestment)
To ask the Scottish Government how the seized proceeds of crime are reinvested in local communities. (S3O-5630)
The proceeds of crime are reinvested in local communities through the cashback for communities programme. So far, we have committed to invest £11 million in a range of positive activities for young people throughout Scotland in sport, arts and community projects.
The minister is aware that a recent beneficiary of cashback for communities funding was the Biggar Youth Project in the South of Scotland. The money is being used to provide healthy meals and activities for school students at lunch times. Does the minister agree not only that that initiative has an immediate benefit for the kids involved, but that it will help them to grow up healthier, fitter and less likely to take part in antisocial behaviour themselves?
Yes. The member highlights one of many examples of the good work that is being done through the cashback scheme. I know the Biggar area to some extent, although not as well as the member, and I praise the work of the Biggar Youth Project, which has successfully provided activities for young people for 13 years.
Is there a geographical correlation between the areas in which money is seized and the areas in which it is then utilised? If not, does the minister believe that there should be such a correlation?
No, and no. If, for example, a £30 million drugs haul was made off the coast of Mallaig in my constituency, it would be overegging the cake, even for me or the member, to argue that every single penny of that money should be invested in Mallaig—or perhaps, to stretch the point, Mallaig, Arisaig and Morar. The money has to be distributed fairly throughout Scotland, which is what we have sought to do.
I echo the minister's comment that the whole chamber supports this programme. However, what are the arrangements for dividing confiscated criminal assets between the United Kingdom and Scottish jurisdictions for use by Her Majesty's Revenue and Customs and the cashback for communities programme? What discussions has the minister had and will he have to take the matter forward?
I might be wrong—if I am, the member will no doubt let me know—but my understanding is that we use all the money that is recouped from crimes committed in Scotland. There has been no dispute over that issue and, if Dr Simpson has any particular concerns, I would be very pleased to receive the details in writing.
Low Moss Prison
To ask the Scottish Executive whether it will oppose the renaming of Low Moss prison as HM Prison Bishopbriggs. (S3O-5605)
This is an operational matter for the Scottish Prison Service. HMP Bishopbriggs has been the working title for the new prison since 2006, but the SPS will give proper consideration to representations about the name of the new prison in Bishopbriggs before it decides its official title prior to opening around 2012.
I point out to members that the question is about the name of the prison. I call David Whitton. [Interruption.] I apologise—I call Ross Finnie.
I am obliged, Presiding Officer.
As Ross Finnie well knows from his eight years as a member of the Cabinet, the SPS—not ministers—decides what prisons are called. Its policy is to call prisons after their locations. There is a logic behind that approach; for a start, it makes it easier to know where the prisons are.
Order.
As the constituency member, I object to the prison being called HMP Bishopbriggs. Given that the former prison was called HMP Low Moss, I see no reason why that should not be the working title.
Mr Whitton.
Despite that display of polemics, it remains the fact that Mr Whitton's party, when it was in power, did not intervene in decisions that were the responsibility the SPS. The Labour Party was happy for the policy that I have described to be applied, but the policy that it was happy to apply when it was in government is apparently now inconvenient.