Meeting of the Parliament

Meeting date: Thursday, September 23, 2010

Official Report 1133KB pdf

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Scottish Executive Question Time

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General Questions

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River Esk (Management)

1. To ask the Scottish Executive whether it has had discussions with the United Kingdom Environment Agency regarding the management of the River Esk in the south of Scotland. (S3O-11376)

Officials have regular discussions with their counterparts in the Environment Agency concerning the management of the border river Esk.

The minister will be aware of difficulties in recent weeks regarding the rod licensing regime, which the UK Environment Agency administers. During the past few days, the agency indicated that it is prepared to reach a compromise on the issue. The minister is aware that the issue causes great concern to the local communities. There are reports of a decline in business. People are deciding no longer to fish on the rivers because of their difficulties in getting the relevant licence.

Will the minister assure me and my constituents that the Scottish Government will do whatever it can to reach a solution with the UK Environment Agency, so that the issue can move forward and fishing on the rivers can return to normality?

I am happy to give John Lamont that assurance.

Ministers in Scotland currently have no role in relation to rod licences for salmon and freshwater fisheries in the border River Esk. John Lamont might know that the management of rivers on the border is subject to agreements with the UK Environment Agency, so that although English law applies on the Esk north of the border, Scottish law applies on the Tweed south of the border. There is a reciprocal arrangement, which needs to be taken into consideration.

I refer the minister to Sheriff Drummond’s observations in the case that concerned the matter. Sheriff Drummond said that there is scope to resolve the issue within current legislation, without the need to change the law. I presume that he meant English legislation that perhaps predates the setting up of the Scottish Parliament. In the circumstances, will the minister and her department consider exploring the matter with their counterparts in England?

I am happy to do that. I will have to look at the detail of Sheriff Drummond’s remarks. It is the case that the legislation that governs much of the matter goes back to the mid-1970s, and it might be time to reassess whether it is working for where we are now. I am happy to agree with Christine Grahame and John Lamont that we should take matters forward in conversation.

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Use of Consultants (Guidelines for Public Bodies)

2. To ask the Scottish Executive what guidelines it has issued to public bodies regarding the awarding of contracts to consultants. (S3O-11406)

The Scottish Government has had tough guidelines in place to control its use of consultants since December 2008. The guidelines are published on our website and set a good example for other public bodies to follow.

The minister is no doubt aware that during the past few weeks, the Sunday Herald and the Scottish Mail on Sunday have run articles about the amounts that public bodies have spent on consultants, the manner in which certain consultants have been appointed and the need for consultants to be appointed in the first place. Given the content of the articles and the vast sums of money that public bodies and the Scottish Government are spending on consultants, can the minister assure the Parliament that he is satisfied that contracts have been properly awarded and were fully justified?

As I said, guidance was issued in December 2008 on the use of consultants in the Scottish Government. We published the guidance to provide a common definition of consultancy services, to address probity requirements in the engagement and use of consultants and to ensure that we get maximum value when we use consultants. The guidance applies to all business areas, and agencies and non-departmental public bodies have been asked to implement similar procedures.

I am sure that Bill Butler is aware that under the Public Services Reform (Scotland) Act 2010, which the Parliament passed recently, consultancy expenditure will be reported.

Is the Scottish Government considering encouraging public bodies that award contracts to take account of criteria such as pay differentials and matters that are measured by social return on investment methodology?

The member makes a reasonable point. I should point out to the chamber what the Government has done. John Swinney sent a very strong message to non-departmental public bodies and agencies in June when he asked them to provide leadership in their organisations. In that message he said that we—the Scottish Government—

“cut our centrally-held marketing budget by over five million pounds or over 50 per cent. We now have a presumption against external recruitment, strict controls on staff headcount numbers, and robust limits on the use of consultants”.

He expects non-departmental public bodies and agencies to follow suit.

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Rail Freight (South-west Scotland)

3. To ask the Scottish Executive whether it plans to improve freight rail services in south-west Scotland. (S3O-11418)

Although the mode of transport for freight is a commercial decision for freight companies and their customers, the Government is committed to encouraging the transfer of freight to rail from less sustainable modes. We recently completed a widespread consultation with the rail freight industry to help us shape options for future rail freight opportunities across Scotland. That will feed into our next high-level output specification for Network Rail for the period beyond 2014. In the meantime, to enable companies to transport freight by rail or water rather than by road without financial penalty, we continue to offer support through freight mode shift grant schemes.

I thank the minister for the answer and, in particular, welcome his support for moving freight from road to rail. In that context, is he aware of the Ailsa Horizons proposal for a freight facility at Grangestone industrial estate in Girvan? Does he agree that such a development would not only boost the local economy but work towards the Scottish Government’s goal of ensuring that freight is removed from the road and put on to the railways?

I am always very happy when I hear of companies that want to bring forward new proposals. In my visits around the country and my interactions with groups such as the Freight Transport Association, I have strongly made the point that we could do with more good-quality applications. I will certainly consider any such applications in a supportive way and with a view to seeing what support we can give.

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Banking Services (Rural Areas)

4. To ask the Scottish Government whether it has had discussions with the banking sector regarding the provision of services in rural areas. (S3O-11444)

The Scottish Government continues to be regularly and fully engaged with the banking sector on a range of issues. I understand that banks are fully committed to finding flexible solutions, an example of which is the agreement reached by a wide range of banks to enable their customers to pay money into and withdraw money from their bank account at their local post office. That is already benefiting customers in small rural areas.

On providing business support at a local level, I am hosting an event on Monday 8 November, which will bring together all those who can support local, small business start-ups and business growth to discuss how that might be improved. They will include representatives from the banking sector, and the event will offer an opportunity to pull out intelligence and resources.

Will the minister join me in welcoming the expansion plans announced by Airdrie Savings Bank, Scotland’s last independently owned bank, which has announced its intention to open one or two new branches in the next 18 months? Does he share my concern that that stands in stark contrast to the plans by the publicly owned Royal Bank of Scotland to reduce significantly the opening hours of its rural branch in Abington, South Lanarkshire, despite making great play of its commitment to customer service, and with what appears to be very little consultation?

The Airdrie Savings Bank goes from strength to strength. It was lauded in September 2008 in The Economist, and it is now looking to take its ethos forward, with the focus on community and customer service very much to the fore.

We need to talk to the banks to ensure that, in places such as Abington, even with reduced hours, we have an alignment with the local community to enable local economic growth to happen and existing businesses to thrive. I suggest to the member that she might want to sit in on the session that we are having in November.

I have had representations from constituents who are concerned about the lack of a helpful attitude on the part of banks in rural areas. It is next to impossible to get an account, and if somebody does get one the charges are exorbitant. That is entirely counterproductive to economic development in rural areas. Will the minister agree to look at the problem? I have written to him about it previously.

I will indeed look at the issue and make it part of the on-going dialogue with the banks. Again, I suggest to Mr Stone that he might want to bring his views to the session on 8 November.

Question 5 has been withdrawn.

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Road Accidents (Access to Police Reports)

6. To ask the Scottish Executive whether it has given instructions to police forces regarding how people whose roadside walls, fences or buildings have been damaged as a result of vehicle accidents access their reports. (S3O-11382)

No. Chief constables are responsible for operational matters in their force area, which would include arrangements for making information on road accidents available to landowners or their agents.

On 8 April this year, the cabinet secretary told me in a letter that

“farmers or other land owners whose property is damaged have the right to request certain information from the police free of charge”,

including

“details of the vehicle involved, including make and registration, the driver’s name and, if known, the insurance company and policy number covering the vehicle.”

That advice was clear and unambiguous. Then, in another letter on 9 August, he told me that

“the decision whether or not to release personal details ... rests with the police”

and that

“in most cases the police will be reluctant to do so.”

Who got at the justice secretary? What changed his mind? How can a right belonging to my constituents—one set out in black and white by the justice secretary—be done away with in a matter of weeks? Will he please instruct the police to provide the information that he believed in April should be people’s right, so that they can avoid costs for accidents that are, after all, not their fault?

No. I can understand the frustrations felt by Mr McGrigor’s constituents, but let us be clear. First, I cannot direct the police. Secondly, we are talking about reserved law—the Road Traffic Act 1988, which as I recall came in under a Tory Government. It states that it is the legal responsibility of the driver of the vehicle to report any accident that causes damage to property. That would be to the landowner, but if the driver did not know the landowner it would be to the police.

The police have an obligation and, when they know the landowner or the landowner requests it, they usually go out of their way to provide information such as the name of the driver and the vehicle’s registration. Under data protection requirements, however, they cannot provide any information beyond that, such as a personal address. To me, this appears to be a matter of the police trying to be as supportive as they can of those in rural communities. There are instances when the police might not have provided the information and might not be aware of the landowner, but my understanding and experience of the police is that they will try to co-operate.

Let me say to Mr McGrigor that I cannot direct the police. If he has difficulties with the legislation, I am more than happy to argue with the Home Secretary or the Lord Chancellor that we should devolve road traffic matters to this Parliament and deal with the issue ourselves.

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Road Improvements (A92)

7. To ask the Scottish Executive what actions it has taken to improve the A92. (S3O-11403)

In the past three years, we have invested more than £1.8 million in maintenance and safety improvements on the A92 trunk road between Glenrothes and the Tay road bridge. This year, we plan to spend more than £1 million on this section of the A92.

The minister may be aware of the increase in serious accidents on the A92 over the summer. He has previously received representation on the A92 from members and the Glenrothes area futures group but, in light of increasing concerns about the safety and suitability of the A92, will he agree to meet me and other interested parties to discuss a way forward?

I acknowledge the loss that the two families experienced in August on the A92 and extend my sympathies to them. Investigations by the police and Transport Scotland’s operators into the circumstances of such accidents will inform what we do.

I am always happy to meet members who have an interest in road safety, and if Claire Baker cares to contact my office we can make the appropriate arrangements.

Will the minister say anything further about the Scottish Conservative proposal, first mooted by my distinguished colleague Lord James Douglas-Hamilton more than a decade ago, to upgrade the A92 to dual carriageway status as far as the Melville Gates junction?

The member has heard from me on this issue before. We have completed the strategic transport projects review. The necessity is to address safety issues—my exchange with Ms Baker has addressed some of those issues—and the next step is to maximise the use of the road system. We are investing a great deal in trying to improve road safety in a variety of ways, working with drivers and trainers and looking at parts of the road network where investment will improve road safety.

The minister is well aware that, in 1999, the incoming Labour Executive did away with the Conservative plans for dualling the A92. I thank him for the money that has been invested in that road in the past couple of years. However, he is well aware—because I have written to him about a constituent in the past few weeks—that despite the money, people lack confidence about the safety of the junctions at Cadham and Balfarg. I would be grateful if he would meet me to discuss the matter further, as I mentioned in my letter to him.

I note what Tricia Marwick says about Cadham and Balfarg. We continue to engage on and consider the issues at a range of junctions. On the existing dual carriageway section, we are taking steps to close some central crossings. We are improving the A92 in response to the various incidents.

I am always happy to meet Ms Marwick to discuss the issue and I extend to her a similar invitation to that which I extended to Claire Baker.

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Sheltered Workshops

8. To ask the Scottish Executive for what reason it has not used the European Union directive for reserving contracts for supported factories and businesses to award a contract to sheltered workshops. (S3O-11410)

The Scottish Government recognises the important role that supported businesses play in the economy and the community and for their customers. Unfortunately, the Scottish Government does not have a large demand for the goods and services that supported businesses commonly supply. However, through the Marine Scotland directorate, we use Capability Scotland’s St Jude’s laundry for laundry services in Aberdeen. We are also looking to use supported businesses in other projects, such as the Scottish crime campus in North Lanarkshire.

I thank the minister for his answer and for “Supported Businesses in Scotland”, which is newly published. The document is good, but it does not go far enough, because it merely encourages public bodies to have contracts with supported businesses. According to that booklet, the public sector has purchasing power of £9 billion for goods and services. The minister can do more than encourage.

Quickly, please.

I believe that the minister should direct. Will he please comment on that?

We have engaged very much with supported businesses. I am delighted that Helen Eadie has drawn attention to the Scottish procurement directorate’s publication, “Supported Businesses in Scotland”, which profiles each of the 24 supported businesses that operate in Scotland.

We and the United Kingdom Government believe that every public body should aim to have at least one contract with a supported business or factory. The procurement directorate is working hard on that and will continue to do so. I would welcome any support from Helen Eadie to push that forward further.

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Birds of Prey (Protection)

9. To ask the Scottish Executive what action it is taking to protect bird of prey populations. (S3O-11432)

Protection for Scotland’s wild birds of prey is delivered through robust legislation and through the designation and appropriate management of protected areas, in accordance with the requirements of European law.

We are tackling wildlife crime according to the recommendations of the 2008 review of wildlife crime arrangements that was carried out by Her Majesty’s inspectorate of constabulary for Scotland and the Inspectorate of Prosecution in Scotland.

We are providing funding for the national wildlife crime unit and for several projects that are targeted at reducing wildlife crime, including a fund that the Scottish police are to deploy in specialised wildlife investigations.

Last week, the Rural Affairs and Environment Committee heard evidence from a Scottish Society for the Prevention of Cruelty to Animals officer that he had once discovered 25 poisoned birds on one estate. What consideration has the minister given to making estate owners more responsible for preventing wildlife crime on their land? Is she considering lodging amendments to the Wildlife and Natural Environment (Scotland) Bill to address the situation?

I am sure that Elaine Murray would not want me to pre-empt decisions that might be made. We are looking actively at a range of potential measures for which the bill’s progress through the Parliament affords the opportunity. I have read with interest the evidence to the committee, which has heard from a wide range of people.

Several different routes can be taken, as the member knows. We are actively considering all those potential routes. That is important because, every time such a report is publicised, it does Scotland no good in the international community. Most people are appalled when they see raptors destroyed in such a manner.

Before First Minister’s question time, I know that members will wish to join me in welcoming to the gallery the Parliament of Sardinia’s vice-president, the Honourable Michele Cossa. [Applause.]