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Chamber and committees

Plenary, 22 Mar 2007

Meeting date: Thursday, March 22, 2007


Contents


Question Time


SCOTTISH EXECUTIVE


Enterprise, Lifelong Learning and Transport


Alginate Industry (Western Isles)

To ask the Scottish Executive what assessment its enterprise department has made of the contribution of the alginate industry to the Western Isles economy and how it supports that industry. (S2O-12462)

The Deputy Minister for Enterprise and Lifelong Learning (Allan Wilson):

The Scottish Executive has undertaken no assessment of the contribution of the alginate industry to the Western Isles economy. That would be for Highlands and Islands Enterprise, through HIE Innse Gall, to undertake, as would the provision of support.

I am encouraged that HIE has supported the industry and that its support has resulted in the establishment of a new processing facility in Stornoway, which is entering full production and is creating new employment opportunities for the good people of the Western Isles.

Mr Morrison:

I thank the minister for his answer and his observation. Will he join me in congratulating two enterprising young men, Martin MacLeod and Malcolm MacRae, who have successfully resuscitated an age-old industry in the Western Isles, employing cutters, lorry drivers and factory operatives—a total of 28 workers? Does the minister agree that that is exactly the type of business that the Executive and its agencies should be supporting? Will he join me in wishing and hoping that, in the not-too-distant future, Mr MacLeod and Mr MacRae will be expanding their business in the Western Isles and adding value to the seaweed that they are so successfully drying at the moment?

Allan Wilson:

The Executive values all such entrepreneurial activity and we pay tribute to all the young entrepreneurs out there who are building Scotland's economy. We pledge to continue to give them ever-increasing support.

It is interesting that sometimes our economic future can be rooted in our past, and I think that the alginate industry has a strong future. The last time that attempts were made to resurrect the industry, a stock market crash in the far east put paid to the resurrection. That was an example of how Scotland cannot hide from the effects of the global economy.

We wish the two individuals mentioned by Mr Morrison, and everyone else who is involved in resurrecting the aliginate industry, well for the future. We pledge to give them whatever support we can to ensure their future success.


Knowledge Transfer (Colleges)

To ask the Scottish Executive what contribution the knowledge transfer activities of Scottish colleges have made in terms of impact on business creation and growth. (S2O-12454)

The Deputy First Minister and Minister for Enterprise and Lifelong Learning (Nicol Stephen):

Nearly all colleges in Scotland participate in knowledge transfer activity. The Scottish Further and Higher Education Funding Council is committed to working with colleges to increase their engagement particularly with small and medium-sized businesses.

Marilyn Livingstone:

Will the minister congratulate Adam Smith College on its Round House creative business centre, which is supporting the development of the creative industry sector and small business sector in my constituency? Does he agree that funding should be made available for such innovative developments, which support and nurture entrepreneurship? Will he ensure that funding is available, even outwith Scottish Enterprise's six key sectors?

Nicol Stephen:

I am pleased to congratulate Adam Smith College, which is one of the best examples of knowledge transfer activity among Scotland's colleges. I know that the chair of Adam Smith College is a member of the funding council's knowledge transfer college action group, through which work is being done. Indeed, a conference on the issue was held in October last year. The funding council will consider the issue of future funding and future support, which will be an important issue for the spending review.


Regional Transport Partnerships

3. Rob Gibson (Highlands and Islands) (SNP):

To ask the Scottish Executive what form of parliamentary scrutiny there will be prior to the implementation of the regional transport partnerships' strategies being collated by Transport Scotland under the 10-year national transport strategy. (S2O-12420)

All seven regional transport partnerships' strategies will be submitted to Scottish ministers for approval in keeping with guidance issued in March 2006. Ministers are of course accountable to Parliament through the normal mechanisms.

Rob Gibson:

We are coming to a period in which parliamentarians, for the first time, can be a part of the process of policy making on rail projects. Many people in the region that I represent want to see an ambitious list of priorities for appropriate road and rail developments in the transport strategy. Does the minister agree that parliamentary scrutiny could augment the proposals that are made by regional transport partnerships if they blatantly ignore the wishes of local people? For example, democratic scrutiny would be needed if the Dornoch rail link, which could revitalise the post-Dounreay economy in Caithness, is ignored by the Highlands and Islands transport partnership.

Tavish Scott:

I have no doubt—I am sure that Mr Gibson shares this view—that the proposals that come from the north and far north in respect of all modes of transport will be exacting and will make considerable requests of local and central Government in developing projects. I do not believe for a minute that regional transport partnerships will disregard any views from elected parliamentarians in this place or from local people, constituent councils, community councils and other bodies. We have been clear in our guidance that RTPs should ensure that the widest possible consultation is conducted in respect of the transport services that we all agree are essential in the far north of Scotland.

Murdo Fraser (Mid Scotland and Fife) (Con):

Does the minister share my concern that the draft Tayside and Central Scotland transport partnership strategy makes no reference to the need to dual the A9, which is regarded by many in the area as the top priority for investment? Does he agree that unless the TACTRAN strategy corrects that omission, it will not deserve public support when it is finalised?

Tavish Scott:

It would be inappropriate for me to comment on a strategy that is still in its final stages. We will look closely at the strategy when it is submitted, in terms of both the project that Mr Fraser mentioned and the wider issues that it raises. The whole purpose of regional transport partnerships in the area that Mr Fraser represents, as well as throughout Scotland, has been to focus on the development of transport priorities that recognise the concerns of businesses and local people about how they are to function properly and to take into account essential spending issues at regional and central Government level, irrespective of who is in power.

Mr Mark Ruskell (Mid Scotland and Fife) (Green):

Perhaps I can get the minister to comment on the process that has been adopted by TACTRAN. It is clear that in the draft plan that TACTRAN is working towards, there are a number of projects that are not reflected in local councils' structure plans. Will the minister comment on the process that has been followed, whereby projects are being put forward without consultation with communities and without their prior inclusion in structure plans?

Tavish Scott:

I would be very surprised if proposals came forward from any regional transport partnership that had not been subject to some scrutiny by local communities and some detailed consideration by constituent local authorities, community councils and other such bodies. If there is an example of that, I am sure that it will be picked up in our assessment of the strategies that are developed and produced throughout Scotland. If the member wants to raise specific issues, I am happy to consider them.

On the HITRANS submission, one issue on which constituents approach me is the A9 at Berriedale. Will the minister assure me that that will be looked at closely in the future?

Tavish Scott:

I can certainly give Mr Stone that assurance. As he knows, we visited the Berriedale braes last year and looked closely at the engineering solutions and their budgetary implications. I was pleased, on the member's invitation, to be able to meet local campaigners, some of whom have campaigned on the issue for many years. We will continue to look at the project. The formal position with regard to the whole A9 is of course that it will be considered as part of the strategic projects review. That is the correct way to take forward the project, so that is what will be done.


Manufacturing

To ask the Scottish Executive what measures it has in place to support manufacturing industry, what the value is of such support and how many jobs have been created or sustained by these measures. (S2O-12457)

The Deputy Minister for Enterprise and Lifelong Learning (Allan Wilson):

Scottish ministers provide a wide range of support to manufacturing companies in Scotland. That includes financial support, innovation grants, practical support for companies to improve productivity and efficiency, and business and product planning services that are delivered through our enterprise agencies.

On practical support, in its first year of operation our Scottish manufacturing advisory service undertook 119 hands-on manufacturing reviews with Scottish companies, identifying a potential £19.6 million in productivity and process improvements to manufacturing companies.

On financial support, in the past five years manufacturing businesses have accepted more than 500 offers of regional selective assistance totalling some £189 million for projects that involve the planned creation or safeguarding of more than 23,000 jobs.

In addition, in the past five years our research and development support schemes, which are the small firms merit award for research and technology, support for products under research—SPUR—and SPURplus, have offered nearly £40 million to 340 projects across Scotland.

Christine May:

It is often suggested, particularly by the Scottish National Party, that RSA and other grants are exploited by rapacious foreign companies, which grab a grant, create low-skill screwdriver or call-centre jobs and, having screwed every penny that they can from the system, relocate overseas. Does the minister support that view? Or does he agree that recent grants to companies such as Semifab, CRC Glenrothes and Naylor Industries—I hope that will include Tullis Russell Papermakers Ltd, too—which are all in my constituency, are for local manufacturing companies to support innovative processes that raise the manufacturing game in Scotland? Does he believe that such assistance is vital for the stability and growth of manufacturing in Scotland?

Allan Wilson:

I do indeed and I note that in the same period to which I referred, businesses in the Fife area accepted 72 offers of RSA totalling more than £20 million. Those offers relate to projects that aim to create or safeguard more than 3,300 jobs, which is a significant contribution to the Fife economy. Of course, RSA makes an important contribution to the creation and safeguarding of jobs across Scotland.

I believe that it is folly on the part of our political opponents to level criticism at the scheme in the manner in which they do. The only people who gain from that are our competitors in places such as Ireland, who would welcome with open arms some of the inward investment that would be diverted from these shores to other parts of the country if our opponents' advice were to be followed.

Jim Mather (Highlands and Islands) (SNP):

I cannot help but wish that, when I was an IBM salesman, the minister had been my manager because he seems to be able only to record gains and never to account for losses. Can the minister tell me whether, in measuring the extent of manufacturing in Scotland, job losses are accounted for and confronted? Should that not be recorded and reported to ensure a true and fair view of Scottish economic performance and Scottish jobs?

Allan Wilson:

It would be helpful if the official Opposition, too, gave a balanced account of the performance of the Scottish economy in these and other debates. The decline in manufacturing output, to which Mr Mather refers, is of course not uniform across the sector. Areas such as chemicals, refined petroleum and food and drink have exceeded their expectations.

As far as our calculations of employment and job losses are concerned, of course we take account of losses in the manufacturing sector. However, those losses have been more than compensated for, as Mr Mather is well aware, by expanding sectors such as the service sector, the financial services sector and the construction services sector. That is why we now have a record high employment level and are second only to Denmark in the European Union 25 for creation of jobs. It is also why, for the first time in my memory, we are exceeding the rest of the United Kingdom in keeping unemployment below the rate experienced elsewhere.


Nigg Construction Yard

To ask the Scottish Executive what it considers the significance of the former Nigg construction yard on the Cromarty firth to be for the economic development of the Highlands and Scotland. (S2O-12467)

The Deputy First Minister and Minister for Enterprise and Lifelong Learning (Nicol Stephen):

That strategically important site is of considerable significance for the economic development of the area, not least given its access to deep water and a skilled labour force. Against that background, Highlands and Islands Enterprise, in consultation with Highland Council, is looking at all available future options that would see the yard return to productive economic use to the benefit of the Highlands and Islands and Scotland as a whole.

Peter Peacock:

Sadly, those who are involved in the ownership of the site have been unable to conclude an agreement about its long-term future. One of the parties involved has made no significant investment in the site and has a history that has made economic development difficult to secure.

I was pleased to hear the minister indicate that he will do this, but can he confirm that he will ensure that his officials take a close interest in the matter and continue to work with Highlands and Islands Enterprise, the council and the local Cromarty Firth Port Authority to seek to secure by whatever means necessary the future use of the yard for significantly expanded economic activity? Further, will the minister undertake to consider any reasonable approach for resources to assist local partners to secure the yard?

Nicol Stephen:

In short, yes we will. There has already been an approach from the convener of the Highland Council and from Highlands and Islands Enterprise to the First Minister on 15 March. That letter has not yet been responded to, but I can place on record today the Executive's willingness to consider this important issue and try to play a role, in partnership with the others involved, in reaching a satisfactory solution. The issue is important for the whole of the Highlands, and I believe that the public sector can play an important role in making progress on the current problems involving the site owners, Kellogg Brown and Root and the Wakelyn Trust, and on the potential for a deal to be struck with the Cromarty Firth Port Authority. Working with HIE and Highland Council, the Executive is prepared to play a significant role.


Broadband

To ask the Scottish Executive what progress it is making on expanding access to broadband. (S2O-12421)

The Deputy First Minister and Minister for Enterprise and Lifelong Learning (Nicol Stephen):

The Executive has made significant progress, bringing broadband coverage to every Scottish community and to more than 99 per cent of households. We are determined to go further, which is why I have allocated £5 million to make access as widespread as possible.

We have now agreed with BT that it will increase broadband availability in at least 20 exchanges that currently have limited broadband capacity. A further £3.5 million has been allocated to support solutions for remaining clusters that are experiencing access problems. Further proposals will be announced over the next few weeks.

Mr Swinney:

The minister knows my concern about many hard-to-reach locations in my constituency in which broadband access remains a significant challenge. Can he give Parliament any idea of how many individual connections the investment package that he announced can make in hard-to-reach locations, in order that we have some idea of how many people in rural areas will be able to be connected as a result of the investment?

Nicol Stephen:

We are not in a position to make detailed announcements today. The negotiations with BT are not yet complete, but I expect the first set of exchanges to be announced by the end of next week. The final stages of the discussions are taking place, and I can assure John Swinney that at least one exchange in his North Tayside constituency will be upgraded as a result of this first step in the next development of broadband in Scotland.

Thereafter, the priority is to invest the further £3.5 million. The first tranche of activity will require £1.5 million, and an additional £3.5 million will be allocated to reach another set of exchanges. The exact numbers involved have yet to be agreed with BT and the other contractors that could be involved in the project, but I assure John Swinney that every representation that has been made, not only from his constituency but from other Highland and remote constituencies, has been logged. We will attempt to make figures available in due course, and we will attempt to explain clearly and openly what percentage of those who are currently outside access to broadband will be helped by the £5 million investment.


Crichton Campus

To ask the Scottish Executive whether it considers that it will be able to achieve a successful outcome to its negotiations about retaining a University of Glasgow presence at Crichton campus, Dumfries. (S2O-12484)

The Deputy Minister for Enterprise and Lifelong Learning (Allan Wilson):

I met the principal of the University of Glasgow and the chief executive of the Scottish Further and Higher Education Funding Council on 19 March. The university has confirmed that it will continue to deliver initial teacher training and social work at Crichton and that it remains committed to developing the academic strategy for the region.

The university has subsequently written to staff indicating that there would be no fundamental change to academic staff in 2007-08 and that administrative and support staffing structures should also substantially remain in place. It has also confirmed that a decision has yet to be made on undergraduate intake beyond 2007-08.

Chris Ballance:

Some of us might think that stopping the intake of students represents a substantial change of approach. Be that as it may, it seemed clear from the earlier debate that the minister has given up any pretence of supporting the long-term provision of liberal arts courses that the University of Glasgow has been offering at the Crichton campus. For the sake of clarity, will the minister say whether he is committed to keeping the University of Glasgow's liberal arts courses at the Crichton—yes or no?

Allan Wilson:

The one consistent thing about Mr Ballance's comments in the chamber is that they are consistently wrong. I said no such thing in the earlier debate.

Mr Ballance must be aware that the University of Glasgow is an autonomous institution that takes its own decisions on the provision of education within its sphere of influence—on the Crichton campus and elsewhere—without ministerial interference or influence, which should be the case. We remain committed, as the University of Glasgow is, to developing an academic strategy for the region in concert with other higher education providers. The University of Paisley and Bell College are fundamental contributors in that process. We expect the Crichton campus to continue to expand and to provide broad and quality education for the foreseeable future.


Justice and Law Officers

Question 1, which was lodged by Nora Radcliffe, has been withdrawn.


Legal Services (Competitiveness)

To ask the Scottish Executive what plans it has, or discussions it is having, with the legal profession to benchmark and improve the competitiveness of Scottish legal services compared with those in other developed countries. (S2O-12415)

The Minister for Justice (Cathy Jamieson):

Scotland has a long and proud record with respect to the quality of its lawyers and legal services, and we are considering how to maintain and strengthen Scotland's standing, in consultation with legal professional bodies and leading law firms. The research working group's 2006 report provides a starting point. We are also monitoring developments south of the border.

Jim Mather:

"The Future of Europe: Reform or Decline", which is a significant new book by a gentleman called Alberto Alesina, highlights and debates the need to benchmark and improve the speed and cost effectiveness of legal services. Does the minister agree that it would make sense to bring together the Faculty of Advocates, the Law Society of Scotland, Scottish Enterprise and business organisations to address the speed and cost effectiveness of legal services and to make Scotland a more compelling place in which to invest and in which to source legal services?

Cathy Jamieson:

Several issues must be considered in that respect. We want our legal services to take their rightful place among the range of services that are provided, and we agree that they should be up there among the best in the world. Recently, I met representatives of several top law firms in Scotland to consider how such issues might be progressed. However, those matters are obviously for a future Administration to consider.

Whatever we do, it is important to build on the research that has already been commissioned and to consult law firms and professional bodies. Of course, there are issues for the wider business community and Parliament, but it is important to remember that the reforms that we have progressed in this session were based on work that a justice committee had done in the previous session. That work was a priority, but I expect that there will be different priorities for a future Administration. I look forward to being around to debate them.


Youth Crime (Edinburgh West)

To ask the Scottish Executive what action it is taking to tackle youth crime in the Edinburgh West parliamentary constituency. (S2O-12481)

The Minister for Justice (Cathy Jamieson):

A good range of multi-agency actions is being taken to prevent and address youth disorder in Edinburgh West, which Margaret Smith represents. For example, the Drylaw neighbourhood centre offers a variety of provisions that are aimed at young people who might otherwise become involved in low-level antisocial behaviour. It also runs targeted services for young people in the youth justice system, the aim of which is to support those young people and to challenge and change their behaviour.

Margaret Smith:

I support what the minister said. Youth action teams are doing a great job.

The minister may be aware that, at the weekend, a group of youths carried out a particularly bad attack on a 12-year-old in my constituency. That attack has shocked the community and reminded all of us that young people are often the victims of young offenders. Does she agree that young people could have a place on youth panels and that positive peer pressure could be used to try to reduce youth offending? Such an approach would be rather like the approach that has been taken in the United States, where there is a positive recidivism rate as a result of young people helping other young people.

Cathy Jamieson:

I cannot comment on the specific case—I am sure that Margaret Smith does not expect me to. I very much recognise the fact that young people can be the victims of crime; indeed, that understanding was central to work that we have done in taking forward our agenda on antisocial behaviour. Often, young people cannot access the provisions that are made in communities because of the actions of a small minority.

I understand what Margaret Smith says, and I am sure that she is genuine in her approach to involving young people in tackling peer pressure and improving behaviour. There is a place for that. However, I would be concerned if that was to take anything away from the notion that the criminal justice system ought to deal effectively with those who breach the law. In cases of people being assaulted, bullied or harassed, we must ensure that the processes are robust.


Police Numbers (West Lothian)

To ask the Scottish Executive what change there has been in the number of police officers serving West Lothian since 1999. (S2O-12463)

The number of police officers in Lothian and Borders police has increased by almost 200 since 1999 to 2,783.

Bristow Muldoon:

I welcome the fact that the number of police officers in Lothian and Borders police has increased. Will the minister join me in commending West Lothian Council for setting up, in partnership with Lothian and Borders police, a specialised unit to tackle antisocial behaviour? Does she see that as a model that should be followed by local authorities and the police throughout Scotland?

Cathy Jamieson:

The member will be aware that it is for the police to decide the most appropriate ways in which to use their resources. That is why I did not give a figure specifically for West Lothian.

If the police, local authorities and others coming together to set up specialist units to deal with antisocial behaviour is the right thing to do to give communities a better quality of life, they will have my 100 per cent backing for that. People in West Lothian are to be commended also for the work that has been done in relation to the plans for the new civic centre. I was delighted to go along to see the new facility recently. A sheriff/district court complex and a divisional headquarters for the police will be located in a local community.


Community Policing

To ask the Scottish Executive what discussions it has had with the Association of Chief Police Officers in Scotland about prioritising community policing. (S2O-12480)

Promoting safer communities is already an overarching priority for ACPOS. From my discussions, I am confident that it shares Scottish ministers' commitment to providing a strong and visible police presence in our communities.

Jeremy Purvis:

I thank the minister for the "Scottish Policing Performance Framework" that she sent to members of the Justice 2 Committee this week. It outlines the expectations of the police services in Scotland, after consultation of the police forces and the authorities. Does she recognise that there is now a need for more community police officers, and for doubling in many areas the presence of dedicated community officers? Does she agree that the performance framework would be more robust if it included information about shift-by-shift deployment, drawn up in consultation with local police forces and chief constables, to ensure that communities receive police cover across shifts and that police officers are not pulled away? One of the biggest concerns of local communities is that community police officers are not policing their communities.

Cathy Jamieson:

As I have said before to Jeremy Purvis, it is of course important that chief constables are responsible for deploying their staff appropriately. As I have also said before, some chief constables have decided that they do not want their community police officers to be abstracted for other duties and have given assurances on the protection of local communities' interests.

I am glad that Jeremy Purvis welcomes the new performance framework, which is a significant move forward that will allow us to benchmark and measure performance at the local level. I add that this is not simply about the need for more police officers or community police. Community wardens and some of the other initiatives that we have put in place as part of our general drive to create safer communities and tackle antisocial behaviour are also very important.

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP):

Will the minister acknowledge the valuable work that is performed by special constables in Scotland's policing? I hope that she will join me in welcoming the presence in the public gallery of a large number of special constables, although they have not been required to keep order this afternoon—

Not yet.

Fergus Ewing:

Indeed.

Inverness, which I represent, is the fastest-growing city in Europe, so does the minister accept that its growth means that it needs extra police officers? Is she aware that we are currently about 20 officers short of the complement that is required to keep order in Inverness?

Cathy Jamieson:

I am delighted to welcome the special constables who are in the public gallery. They are here at my invitation to see the work of Parliament and so that I can thank them for the work that they have done throughout Scotland. The delegation includes representatives from all Scotland's police forces and from the British Transport Police. I hope that members will join me in congratulating them.

In response to Fergus Ewing's question, I stress that decisions on deployment are for chief constables. However, we have increased the number of officers overall and we have put in place strategies to ensure that funding is available for recruitment to deal with the retirement bulge that will appear in the next couple of years. I have every confidence that the chief constable of the force that covers Mr Ewing's constituency will have plans in hand to deal with such matters.


Antisocial Behaviour etc (Scotland) Act 2004

To ask the Scottish Executive what steps it is taking to ensure that the provisions of the Antisocial Behaviour etc (Scotland) Act 2004 are used effectively. (S2O-12460)

The Deputy Minister for Justice (Johann Lamont):

We have provided over £130 million to local partnerships to tackle antisocial behaviour and to promote community safety. Every local authority now has a dedicated antisocial behaviour team and a community warden service. Increasingly, local agencies are working with local communities and making effective use of the powers available to them to tackle the scourge of antisocial behaviour. We expect continued progress in implementing local antisocial behaviour strategies.

Mr McNeil:

The minister will be aware that, although we have given local authorities the tools to do the job, some local authorities are less than enthusiastic about using those tools on behalf of their residents. Will she assure me that councils will not be rewarded for such an indifferent, half-hearted attitude? Will she make it clear that, in respect of the powers and money that local authorities have been given, they must use them or lose them?

Johann Lamont:

First, I recognise that a significant number of local authorities have embraced the new powers. Understandably, local authorities that wish to represent their communities want the tools and resources to support those communities. When I have visited Duncan McNeil's constituency, I have been struck by the energy of community activists, who are also a crucial resource.

We have made it clear that we will support local authorities with resources and by providing advice, support and a challenging approach through our national co-ordinators, in order to ensure that the powers are used and the strategies are implemented properly. I agree with Duncan McNeil that we should not hesitate to withdraw funding from local authorities that are not making sufficient progress in implementing their antisocial behaviour strategies. Local authorities have a responsibility to their communities and we are committed to supporting those communities. Given the resources and the powers, local authorities must be challenged to ensure that their commitment to making communities safe is taken forward.

Stewart Stevenson (Banff and Buchan) (SNP):

Is the minister aware of the answer to parliamentary question S2W-32271 that Robert Brown provided to me on Tuesday this week? The answer states that, although the pilot for parenting orders started on 4 April 2005, no such orders have been made, despite the fact that we are now more than halfway through the three-year pilot period. The minister will recall that during the debate on 2 October 2003—I know that both she and I were present during that debate—Margaret Curran stated:

"We cannot simply ignore the terrible damage that bad parenting can cause."—[Official Report, 2 October 2003; c 2271.]

In the light of Duncan McNeil's criticism of councils for not using the new powers, will she take money away from all the councils in Scotland that have not used the parenting order power that we agonised over, or does the responsibility for the situation lie at the door of the Minister for Justice?

Johann Lamont:

The member has the advantage over me, in that I cannot report verbatim Robert Brown's answer to that question. However, I can say that the Executive and I are committed to the use of parenting orders. We have given local authorities the legislative framework and the funding for parenting orders, the need for which was identified by Parliament. Parenting orders are a means not just of dealing with parents who are acting inappropriately—they are not a threat to families—but of supporting families and ensuring that children are protected. We will continue dialogue with local authorities to challenge what seems to be their lack of use of a power. I emphasise that a blanket refusal by any agency to use any of the measures in the Antisocial Behaviour etc (Scotland) Act 2004 is unacceptable, so we will take action in that regard.


Environmental Law

To ask the Scottish Executive when it expects to announce what action it will take as a result of its consultation on the enforcement of environmental law. (S2O-12486)

The consultation period closed at the end of February. Responses are being collated and will be published on the Executive's website. A report will be published by the summer and ministers will thereafter consider what further action to take.

Mr Ruskell:

I thank the minister for that useful answer. As regards criminal law, what comment will the minister make on whether environmental procurators fiscal will be better resourced in the future? On the civil side, will the Executive revisit consideration of having an environmental court for civil and administrative matters rather than one for criminal matters, which is what the consultation refers to?

Cathy Jamieson:

It will not surprise Mark Ruskell to hear that we have a consultation specifically to gain views on matters such as those. The whole purpose of having a consultation is to gather views, to consider them carefully and then to lay out a way forward. It will be for a future Administration to decide on the appropriate way forward, but I want us to look closely at the results of the consultation and to consider all the points, which Parliament will have a future opportunity to debate.

Question 8 is withdrawn.


Legal Aid (Civil Cases)

To ask the Scottish Executive how much legal aid has been provided to those pursuing civil cases in the last year. (S2O-12432)

The Deputy Minister for Justice (Johann Lamont):

In 2005-06, the cost of providing legal aid on matters of civil law was £50.3 million. That includes advice and assistance as well as civil legal aid. In 2005-06, the Scottish Legal Aid Board made almost 11,000 grants of civil legal aid and solicitors provided more than 117,000 intimations of advice and assistance and assistance by way of representation.

Rosie Kane:

Is the minister concerned that many people who try to pursue civil cases under employment and family law or to tackle big business are unable to access due process because legal aid is capped in such cases, which leaves solicitors unable to carry out the required work? That situation has created what are described as "advice deserts", which means that poorer people in society do not have adequate access to justice. Will the minister guarantee that everyone in society can fully access justice in all areas?

Johann Lamont:

I make it clear that 60 per cent of all civil legal aid applicants are successful and that of those, three quarters make no contribution whatever.

There is a clear issue about value to the public purse and very significant amounts of money have already been committed. On the other side, there is also a commitment to access to justice. The member spoke about advice deserts. We are particularly mindful of the issues that are faced by women fleeing violence and have said that we wish to address them. Although a new funding review was agreed earlier in the year, as a consequence of some of the concerns about problems for people who wish to access justice, we have agreed to a full review of civil legal aid and financial eligibility. Such issues can be addressed properly as part of that review.

Phil Gallie (South of Scotland) (Con):

Will the minister advise me what proportion of that £50-plus million has been paid under civil law for people who are incarcerated in Scottish prisons? If she can tell me that, can she advise me how many of them have made claims under the European convention on human rights?

Johann Lamont:

I do not want to mislead the member. If my officials have those figures available, I will make sure that he receives them. We are clearly committed to a civil legal aid system that meets needs and allows people access to justice. On this side of the chamber, we are not interested in those who wish to abuse the system.


Grampian Police (Funding)

To ask the Scottish Executive what progress is being made towards allocating Grampian police a more equitable share of national funding. (S2O-12414)

The Minister for Justice (Cathy Jamieson):

We are providing a record £1.1 billion for policing in Scotland. Grampian police receive £93.7 million—an increase of £32.6 million or 53.4 per cent since 1999. Police funding was reviewed in 2004 and the outcome, which was endorsed by all eight chief constables, was that Grampian police should receive additional resources. By 2007-08, that will deliver an additional £8 million to Grampian over and above what they would have expected to receive.

Richard Lochhead:

The minister has failed to compare the funding of Grampian police with the funding of forces elsewhere in the country. The point of my question was to ensure that Grampian police get a more equitable share of national funding.

Is the minister aware that many communities in Moray and Grampian feel that the police are all but invisible? According to the Grampian branch of the Scottish Police Federation, Grampian police have the lowest number of police officers per head of population in Scotland. Does she agree that that is related to the unfair funding formula that has penalised Grampian for far too long? Is it not about time we reversed that situation by giving Grampian a fair share of police funding, to help not only with the policing of Balmoral when the royal family is there, and the policing of the offshore industry, which is an additional responsibility on the Grampian force, but with tackling the many challenges that face our communities?

Cathy Jamieson:

I find Richard Lochhead's questions astonishing, when I have just given figures that show that Grampian police's funding has increased by 53.4 per cent since 1999. The review of grant-aided expenditure funding considered precisely the question that Richard Lochhead raised, which was whether the funding of some police forces was out of sync. In response to that review, all eight chief constables in Scotland signed up to the recommendation that Grampian police should receive additional resources. That was the right thing to do. There has been an overall increase in the number of police officers.

If Mr Lochhead is seriously suggesting that Scottish Executive ministers should take on chief constables' operational responsibility for the allocation of resources at local level, that represents a significant change, and I would like to know whether it is now SNP policy.