Justice and the Law Officers
Good afternoon. We move to themed question time. I would appreciate it—yet again—if people made their supplementary questions brief and asked them without preamble.
Underage Drinking (Police Resources)
The impact of Scotland’s excessive alcohol consumption is estimated to cost Scots £3.5 billion each year, which includes crime costs of more than £700 million. The evidence is already clear on the link between alcohol consumption and crime. We know that more than three quarters of young offenders in 2009 said that they were drunk at the time of the offence, and we know that youth disorder and antisocial behaviour remains a serious issue in communities.
Two litres of cider, seven bottles of alcopops, 1 litre of vodka, 4 litres of wine, 1 litre of Buckfast and 11 litres of lager—that is the haul of cheap booze that was taken off children aged 15 and under in just one Angus town on the night of 3 June. Fast forward a fortnight and Tayside Police are called into action to—
Can we have a question, Mr Dey?
Sorry.
I do. There are two issues. One is cheap alcohol, which is far too readily available. That is why my colleague the Cabinet Secretary for Health, Wellbeing and Cities Strategy coined the phrase “pocket-money prices”. There is something ridiculous about that. Equally, Mr Dey makes the valid point that parents must take responsibility for their children. They have a significant role to play in addition to all of us, as parliamentarians, taking action against the scourge of cheap high-strength alcohol.
Sales of drink to those who are underage are being monitored and reduced by some excellent bottle-tagging schemes in Glasgow and Ayrshire. Does the cabinet secretary support such schemes? What action could be taken to roll them out throughout Scotland?
I am not aware of the particular schemes in the west of Scotland that Mr Kelly refers to, but I am aware of the schemes that have been operated by Lothian and Borders Police in the city of Edinburgh. Such schemes are worth while. Many of them are down to operational matters. I am more than happy to take on board any advice that Mr Kelly or others have, but it is certainly my understanding that such schemes are on-going across the country and are used in a targeted way when it is seen as proportionate to employ them. We fully support them.
Prison Visiting Committees
I recognise the dedication of visiting committee members and the important work that they carry out. As the Parliament will be aware, in January and February we consulted formally on the most effective way in which to provide independent monitoring of prisons. The consultation received a significant number of detailed submissions and we are currently considering them. We will, of course, publish a formal response when that process is complete.
I thank the cabinet secretary for that answer, in addition to the written answer that he gave previously. Does he agree that the prison visitors’ independent role is critical to the way in which they help to reduce tension within the system? Does he accept that the overwhelming majority of responses were against a merger with HM inspectorate of prisons for Scotland? Will he help the prison visitors, who are becoming rather demoralised by not knowing whether there is certainty about their future, and give me an indication of when he thinks he will conclude his review of the consultation process?
I am not able to give a precise timetable at the moment. I want to see the information that comes back. Dr Simpson obviously is opposed to integration with HM inspectorate of prisons, but I have not made up my mind on the matter. Some people are opposed, and some think that it is important that we reduce the amount of duplication.
I declare an interest as I served as a prison visitor for 11 years before coming to this place.
Yes, I do. It is the right of every prisoner to be treated fairly and in line with prison guidance. They are entitled to such treatment notwithstanding the fact that they are serving a sentence. Prisoners should also have the right to contact an independent service and be able to raise any issues that they have about how they are treated, with the confidence that if the case is upheld the issues will be resolved effectively. I am grateful for the service that Maureen Watt gave as a member of a visiting committee, and I remain committed to what was carried out by her and is carried out by serving colleagues.
Miscarriages of Justice
We recognise that those who have been a victim of a miscarriage of justice may face particular challenges on their release from custody.
I know that MOJO Scotland is grateful for the on-going financial support. It also believes that victims of a miscarriage of justice often suffer from post-traumatic stress syndrome, yet those who are guilty of crimes get far more support on their release from prison to reintegrate into the community. MOJO Scotland feels that the balance is wrong.
That is a valid point. Cabinet colleagues and I will be happy to look at what we can do. These are difficult financial times. I know that MOJO has a particular desire for respite-type facilities. Funding is difficult and limited across the country, as we have seen from those who have sought to raise funding for Combat Stress. As I said, Mr Doris’s point is valid and appropriate, and I am happy to take it on board.
Human Trafficking
I call Sandra White for question number 5.
Thank you, Presiding Officer. It is question number 6, actually.
Trafficking in human beings is taken very seriously by the Crown Office and Procurator Fiscal Service. It is often committed in furtherance of serious and organised crime. We work closely with the Scottish Government, the police and the Scottish Crime and Drug Enforcement Agency, with support from other relevant organisations.
I thank Mr Mulholland for that comprehensive answer. I know that he and the cabinet secretary will be aware of the recent Glasgow operation Andronicus, which has so far reported good success in the fight against human trafficking. I am sure that, like me, he will want to congratulate the great work done by Strathclyde Police in the operation. However, given the apparent difficulties in bringing such cases to court, will the Scottish Government consider launching a review of current guidance and legislation to ensure that, first, good practice is shared and, secondly, conviction rates are increased?
I thank the member for her kind words of welcome, not only for the commitment to tackle this odious trade but for operation Andronicus and the work of Strathclyde Police. I associate myself with her remarks but, as she will understand, the operation is live and I cannot say anything more about it.
Security Industry Authority
At the request of Home Office ministers, the Security Industry Authority is leading work on developing a framework for a new regulatory regime and is working closely with all stakeholders, including the Scottish Government. I met the Home Secretary on 14 September 2010 and the chair and chief executive of the SIA on 18 November 2010 to discuss their proposals. In addition, my officials have been meeting and corresponding regularly with the Home Office and the SIA in taking the proposals forward. Since October 2010, they have met on 10 separate occasions. I also wrote to the Home Secretary on 14 October 2010, 8 November 2010, 12 January 2011 and 21 March 2011 outlining my views on the proposed new regulatory regime.
The UK Government has said that it feels that the SIA is unnecessary. If the cabinet secretary agrees that moves to deregulate the SIA are wrong and simply give serious organised crime hope of muscling back into business that we have tackled, what scope does the Scottish Government have to re-regulate in a devolved Scottish context?
I know how much of an interest Derek Mackay has taken in this matter; indeed, he is right to be concerned. We as an Administration have previously made clear both our feeling that a strong regulatory regime is necessary and our opposition to the SIA’s abolition. To be fair, I think that a review is taking place south of the border. We welcome that, but our fundamental view is that there must be regulation. One way of tackling the problem of serious organised crime is to have a regulated regime, especially in the area of security, where we continue to experience some difficulties. I assure the member that we will not allow that aspect of life not to be regulated, and if we can take that approach across the whole of the UK in conjunction with the Home Office we will be happy to do so. That said, we reserve the right to act independently if we feel that the good standard of safety in our communities is under threat.
The cabinet secretary will recall that, when this issue was debated in the first session of Parliament, we acknowledged its significance and seriousness. At that point, we chose to give consent to the UK Parliament to establish a security authority that would also regulate firms in Scotland. I must emphasise the seriousness of the issue and urge that, if there is any suggestion that regulation of the security industry is to be weakened, we in Scotland act very quickly not just on bouncers but, critically, on the organisations and security firms that we know are still vehicles for organised crime and which intimidate communities and businesses. For example, the organisations that are running certain construction sites are effectively operating protection rackets. We will be happy to work with the cabinet secretary if it proves necessary to develop plans in Scotland to ensure that there are no gaps that might allow those organisations to continue to prey upon our communities.
I welcome that commitment and I will be happy to keep Johann Lamont and her party colleagues appraised. I think that all members regard the current approach as necessary for the safety of our communities. Johann Lamont’s point is correct. As an Administration, we have met not only counterparts south of the border—we are grateful for the review that they seem to be carrying out—but representatives of the legitimate trade, if I can put it that way, in this country, who are concerned about the situation. Obviously, we also meet the police and Crown representatives.
Cadder v Her Majesty’s Advocate
The Government acted immediately following the Cadder decision to bring forward emergency legislation to enshrine a suspect’s right of access to legal advice before and during interview by the police. To give effect to that right, the Government brought forward regulations earlier this year to place a duty on the Scottish Legal Aid Board to arrange for solicitors to be available for the purpose of providing advice and assistance to any suspects in police custody. Those regulations come into force on 4 July.
I thank the cabinet secretary for his response, but I am concerned about the proposals on a number of points. First, there seems to be an inherent conflict of interest in SLAB—a Government body providing advice and solicitors for accused persons. Why, if the detention period is to be increased to 12 hours, are solicitors to be required to attend a police station within one hour—a requirement that effectively will render them on-call for 24 hours a day? Secondly, what steps is the Government taking to ensure that an adequate number of solicitors will remain on the police duty scheme, given the decision of Hamilton, Stirling, Alloa and Edinburgh to withdraw en masse from it?
The member raises several matters. I am surprised at her criticism of the independence of the Public Defence Solicitors Office, given that a Labour Administration established it. I believe that the procedures are clearly compliant with the European convention on human rights. I am not aware of any difficulties in that regard. The PDSO acts in the interests of those who face prosecution, which mirrors exactly the impartial way in which the Crown acts.
Knife Crime (Sentencing)
The combination of tough enforcement backed by education is the key to tackling knife crime and violence in our communities, and under this Government that strategy is paying off. Crimes of handling offensive weapons have plummeted by 30 per cent since 2006-07, while in 2009-10 the average sentence length in Scotland for handling an offensive weapon was nine months, the longest for a decade and four months longer than that in England and Wales. We will continue to press home that successful strategy with the violence reduction unit and other partners, because any knife incident, with its damaging effects on Scottish communities, is still one too many.
Is the cabinet secretary aware that one of the many concerns that people had over his disastrous Offensive Behaviour at Football and Threatening Communications (Scotland) Bill was the ludicrous proposition that people who threaten others or incite hatred could receive jail sentences of up to five years, while those who carry a knife and could carry out the threat are more likely to receive community sentences? Would it not be better if the cabinet secretary, rather than trying to sound tough on football hooliganism and problems in football, concentrated on delivering what people want, which is safety from people who carry knives on their streets?
I am rather bemused by Mr McMahon’s argument, as I thought that he would support the legislation that we discussed at stage 1 earlier today. I remind him that we face difficulties and challenges in this country regarding the carrying of knives. We do not underestimate the booze and blades culture, as my predecessor called it, but we are making progress. A record number of stop and searches has revealed that fewer people are carrying, more are getting caught and those who are getting caught are going to jail for longer.
Rural Affairs and the Environment
Renewable Electricity Target
Next week, we will publish our renewables route map, which will set out how our targets will be met through the deployment of all forms of renewable technologies, onshore and offshore, to deliver a transmission network that is capable of bringing vast amounts of clean, green energy to our markets in the United Kingdom and Europe. Through the route map, the Scottish Government will commit to developing new strategies for microgeneration and for agri-renewables to reflect the growing significance of small-scale generation and opportunities for local and rural ownership of energy.
What specific assistance does the cabinet secretary intend to introduce to help community organisations to develop small-scale community hydro schemes, which will help us to reach the 100 per cent target as well as tackle flooding in our communities?
The member asks a very good question. Our water resources have a big role to play in helping us to meet our clean, green energy needs, and we have already announced assistance for such community projects. In April 2011, the Scottish Government launched the community and renewable energy scheme loan fund, through which loans of up to £150,000 are available for the pre-planning consent stages of developing proposals, as well as free advice and support from a nationwide network of local development officers. That scheme has a budget of £5.3 million for supporting community-owned projects and £2.4 million for supporting projects that are owned by land managers. All of the loans have a built-in condition that community benefits must be part of the project. There is now quite a lot on the table to help communities to move forward with their local energy schemes.
The cabinet secretary may be aware of calls by Calum MacDonald for a crofters renewables act, which would make it easier for crofters to develop renewables on their own land. Will he introduce such legislation or support a member’s bill on the subject?
I support the sentiments behind the issue that the member raises. Our farmers and crofters are sitting on massive natural resources that could be used for renewable energy and other things, to provide extra income and more self-sufficiency for them. That is a good thing, and we all support it. In my answer to Stuart McMillan, I mentioned that we are supporting the development of an agri-renewables strategy. I would be happy to think about how the needs of crofters—if crofters have distinctive needs—can be built into that.
Does the cabinet secretary accept that one of the problems for small and large developers is the difficulty in getting grid connections? What can the Scottish Government do to help with that?
I could not agree with the member more. The lack of grid connections and the proper infrastructure in Scotland is a huge running sore, which is why the Government has, on numerous occasions, made strong representations to both the Office of the Gas and Electricity Markets and United Kingdom Government ministers. We must sort out this matter if we want to make the most of Scotland’s fantastic renewable resources.
Zero Waste Plan Targets (Funding)
We have allocated an extra £4 million to zero waste Scotland this year to support the development of food waste infrastructure, which includes support to local authorities to develop food waste collections. I make it absolutely clear that achieving high levels of recycling, including recycling of food waste, is the most effective approach for local authorities to adopt.
I welcome Scotland’s first-ever recycle week, but how will councils meet expectations such as that for a food waste bin for every household when they might have no additional funding? Last year, it was suggested that money could be taken from the £80 million in the zero waste fund but, so far, £4 million is on offer, and that is subject to funding applications. Should such initiatives be better funded and should funding be shared among all local authorities to help them to meet their 70 per cent target?
The easy answer to John Pentland’s fair point is that many local authorities are just getting on with it. Given that landfill tax is set to rise to £80 per tonne by 2014-15, it is in the financial interests of Scotland’s local authorities to divert their waste from landfill. Food waste collections should be part of that—about 10 councils already run such collections.
Animals (Abandonment)
The Animal Health and Welfare (Scotland) Act 2006 contains a specific offence of abandonment. A person who is responsible for an animal and who abandons it in circumstances that are likely to cause unnecessary suffering, or who leaves it unattended without making adequate provision for its welfare, is subject to a penalty of up to six months’ imprisonment and/or a fine of up to £5,000.
In these tough financial times, bills are getting harder to pay, and vets’ bills can be a shock to families’ monthly budgets. The minister might well recall the successful campaign with the slogan, “A dog is for life, not just for Christmas.” Will he reassure me that he will work with animal charities and others to raise awareness of abandonment throughout the rest of the year?
I very much support the campaign for dogs for life—and cats and a wide range of domesticated and pet animals. It is important that we make adequate provision for those that we take into our homes. We take over responsibility for such animals, as we do for everyone in our houses.
Supermarkets Ombudsman
I have made numerous representations to UK ministers on the issue in recent years. An adjudicator is crucial to safeguarding the long-term future of our producers and suppliers. I am pleased that, at long last, the UK Government finally published a draft bill on a groceries code adjudicator in March. However, I think that I speak for many people in Scotland and in the Parliament when I say that I am disappointed that the process has taken so long. We will continue to urge the UK Government to establish the groceries code adjudicator as soon as possible.
Given the extent to which household budgets are being squeezed, does the cabinet secretary believe that it is more essential than ever that the supermarkets ombudsman—or groceries code adjudicator—is put in place to ensure that consumers and producers both receive a fair deal from supermarkets?
Yes. It is important that everyone in the food supply chain receives a fair share of every pound that is spent on food in Scotland. That is why we have for a long time pressed for much more transparency and for someone to enforce the contracts between the players along the supply chain. The most powerful part of that supply chain appears to be the big retailers.
Does the cabinet secretary think that there is a particular opportunity in relation to milk and milk producers? During the previous session of the Parliament, we had a milk summit. There is great concern about the long-term economic sustainability of the industry and about whether we will continue to have fresh milk supplies in Scotland. Does the cabinet secretary agree that the establishment of the supermarkets ombudsman must be an opportunity to ensure that milk supplies and fair prices for consumers and farmers are firmly on the agenda?
I agree with the member, who makes a good point. Our dairy farmers and milk producers are some of the producers who are most affected by the imbalance in power across the supply chain. We know that to our cost in Scotland, where many milk producers have gone out of business.
I see that Richard Baker is not in the chamber to ask question 5. I hope that by 5 o’clock tonight he will have sent me a note to explain his discourtesy to the Parliament in not advising me that he would not be here and withdrawing his question.
Recycling (Carbon Footprint)
Guidance to local authorities on the new carbon metric was published on the Scottish Government’s website on 15 March. The carbon metric will be phased in and will replace weight-based figures as a means of measuring local and national recycling performance by April 2013. The carbon metric provides an understanding of which materials have the greatest carbon impact on our environment. Its key purpose is to prioritise the recycling of materials with the greatest benefit to fighting climate change.
As we celebrate the achievements of all political parties during zero waste Scotland week, what does the cabinet secretary think about Fife Council sending its recycling waste more than 160 miles away in heavy goods vehicles? What sense does he make of such an approach in the context of the impact of those emissions on the council’s carbon footprint? In my constituency, 44 local jobs were reduced to 17 when Recycle Fife was removed as one of the local recyclers for Fife Council. Will the minister discuss the issue with the council’s Scottish National Party and Liberal Democrat leadership and express his concern about the loss of 27 jobs in one of the areas of highest unemployment and deprivation in Scotland?
Notwithstanding the member’s point, we should praise Fife Council for leading many other councils in Scotland with its high recycling rate. I have the official figure with me, so I can correct the assumption that I made in answer to a previous question that the recycling rate in Fife was just under 40 per cent by saying that the rate is 47 per cent. As I said, the council has put in place innovations that will increase the rate to 70 per cent in some streets in Fife—that is up at the highest levels in the whole of Europe. We should congratulate Fife Council on the progress that it has made.
Scottish Agricultural Wages Board
The Government carried out a formal stakeholder consultation during the most recent review of the Scottish Agricultural Wages Board, in 2009. We are committed to reviewing the wages board again during this parliamentary session.
I welcomed the response that the cabinet secretary gave to a parliamentary question that I asked almost two years ago, when he committed to continuing the wages board, but I am a bit concerned about developments at United Kingdom level and about pressure on the cabinet secretary, particularly from Conservatives in the Scottish Parliament, to get rid of the board. In the current climate, its work in ensuring not only that wages are looked at but that conditions of employment and industrial relations are at the forefront—
Can we come to a question, please, Mr Park?
I will get there, Presiding Officer.
Get there quickly.
I ask for a commitment from the cabinet secretary that there will be trade union engagement in taking forward the discussions. I hope that we will find a way forward to ensure that the wages board stays in place.
I can certainly give the member a guarantee that trade union involvement will be at the heart of any review that we carry out. I know that he has a long record of standing up for the retention of the wages board and has strong views on the issue. As he will be aware, previous Administrations have also reviewed the wages board and we will carry out our review during this parliamentary session.
South of Scotland Alliance (Broadband Funding)
The Scottish Government is working closely with the south of Scotland alliance to ensure that it makes the strongest possible proposal to secure broadband delivery UK funding for its broadband plan. My officials are part of the project team developing the bid and are advising it on how best to secure funding for the project.
Does the cabinet secretary agree that it is highly unsatisfactory that what is now an essential part of our economic development and education is dependent on an auction decided by the UK Government?
I hope that the south of Scotland alliance is successful in its bid for the funding. The Scottish Government will, of course, work closely with the alliance on that. Of course, as the member suggests, if much more resource had been dedicated to the subject, all rural communities would be on an equal footing and we could equip all our rural communities with what they need for future economic development in the 21st century.
Flood Risk Management (Kilmarnock and Irvine Valley)
We are helping to protect communities throughout Scotland from flooding by working with our partners to implement the Flood Risk Management (Scotland) Act 2009 and by providing funding through the local government settlement for local authorities to continue to invest in flood protection schemes.
I thank the minister for that answer and also welcome the Scottish Environment Protection Agency consultation that will take place in potentially vulnerable areas. It highlights two areas in my constituency where the average losses are estimated at £16 million a year. Will the minister ensure that residents and businesses in my constituency are encouraged to participate fully in the consultation and that their concerns are fully considered as part of any decision-making process?
The SEPA consultation to which the member refers is very important and I encourage people across Scotland to respond to it. Through the identification of potentially vulnerable areas, we can see that perhaps as many as one in 20 homes and one in 14 businesses may be exposed to flooding risk. Individual members in constituencies can play their part in encouraging people to respond to the SEPA consultation. We will similarly play our part.
South of Scotland Food and Drink
Since 2008, the Scottish Government has provided more than £3 million of funding through the Scotland rural development programme and the European fisheries fund to support the growth of the food and drink supply chain across southern Scotland.
Given the work that has been done by organisations such as Savour the Flavours, south of Scotland and Borders food forum and the Wigtownshire food forum, does the cabinet secretary agree on the importance of ensuring that our food and drink strategy is joined up with our tourism strategy and on the economic benefits that will arise for many of our small businesses from the development of real food tourism, such as food trails?
I agree. Some of the excellent initiatives that the member mentions have received elements of Scottish Government funding to help them to move forward. There is fantastic food and drink produce in the south of Scotland. I am sure that, between today and Sunday, we will all sample some of it at the Royal Highland Show. I thoroughly enjoyed starting to do so this morning.