SCOTTISH EXECUTIVE
Justice and Law Officers
Good afternoon. I ask Fergus Ewing whether he is deputising for the Cabinet Secretary for Justice this afternoon.
I am at the moment.
Imprisonment of Parents or Carers <br />(Effect on Children)
To ask the Scottish Executive how many children in Scotland have been affected by the imprisonment of a parent or carer in the most recent year for which figures are available. (S3O-2032)
The information that is requested is not collected.
An estimate by the support group Families Outside suggests that up to 13,500 children in Scotland were affected in that way. Given the huge number of young Scots who are involved, what does the minister intend to do to take account of children's interests in the justice process and ensure that better facilities are provided throughout Scotland for family visits?
The member raises two issues. When any sheriff or judge considers a custodial sentence for an accused who has been convicted of a serious offence, the accused's personal circumstances will be considered with absolute thoroughness and care. In my experience, that issue was considered extremely closely by every sheriff whom I ever appeared before in those circumstances. Plainly, in some circumstances, because of the gravity of the crime that is involved, the public must be protected by a custodial sentence. Nonetheless, the arrangements for children are to the fore in the Government's considerations. We are considering that work extremely carefully in the early years strategy.
Police (National Non-emergency Telephone Number)
To ask the Scottish Executive what steps it is taking to support a national non-emergency telephone number across Scotland for people needing to contact the police. (S3O-1967)
Three police forces in Scotland currently operate non-emergency numbers in their areas. Officials have been in discussion with police and local authority partners, who are exploring how to take that work forward through local call-handling partnerships. However, given the tight financial settlement, the Scottish Government has no plans to fund a national non-emergency number.
I appreciate that the financial settlement might be tight, but the Lord Advocate is aware of the recently published statistics that showed a substantial increase in the number of 999 calls. I am sure that the Lord Advocate would agree that, although some people urgently need to telephone one of the emergency services, equally, a large number of the people who seek to contact the police ought not to be causing difficulties with the emergency service. That situation arises because of the absence of a non-emergency service. Does the Lord Advocate agree that since, as she said, we already have such a service—in Dumfries and Galloway, Fife and Grampian—it is highly regrettable that no such service exists in my region in the west of Scotland? Surely the Government ought to take steps to support the Association of Chief Police Officers in Scotland, which has called for such a move, in the development of a national non-emergency number.
ACPOS has done a considerable amount of work in considering the development of a common command and control system across Scottish forces. That work is vital to ensure that the approach taken is national and strategic. Although a number of initiatives are desirable, there have to be priorities and budgets have to be balanced. On that basis, although some forces have taken forward a non-emergency number, which is helpful, others have not yet considered it to be an immediate priority.
I thank the Lord Advocate for her reply to Ross Finnie. Given the need to reduce the number of calls to the 999 service, does she agree that we need a national number? People might not necessarily know that they have crossed from one police force area into another, but might still need to call the police on a non-emergency basis. If we are to make things easier, there is no point expecting people to remember a 10-digit number. Surely we need a three-digit number, which I believe the Government in Wales has introduced.
Yes, I agree that that is desirable, but a national approach might not be crucial; it might be that a common number across forces could be developed. I know that ACPOS is actively considering that. The Government will meet ACPOS to discuss the potential for that to ensure that there is a co-ordinated approach to this issue across Government. Mr Finnie was right to raise the matter. There is a concern about ensuring that people feel comfortable with what number to call and, more importantly, ensuring that our 999 service is not overused or abused by inept or unnecessary calls to the emergency services.
Forced Marriages
To ask the Scottish Executive what plans it has to address forced marriages in Scotland. (S3O-1968)
The Scottish Government intends to consult in the spring on whether civil legislation should be introduced to protect those affected by forced marriage. That will link with the work currently under way to raise awareness of this serious issue. The Scottish forced marriage network is working with the Scottish Government on that.
I am heartened to hear that the Government is taking the issue of forced marriages seriously and is looking to consult on introducing a bill to outlaw the practice here in Scotland, as has been done at Westminster. As the minister knows, the United Kingdom Government's forced marriage unit deals with around 300 cases a year. Has he any indication, even anecdotally, of what sort of numbers we might be looking at in Scotland? I ask that, in the process of the consultation, we take account of the cultural significance of arranged marriages and ensure that we make a clear distinction between arranged marriage and forced marriage.
I am grateful to Hugh O'Donnell for raising those points and for the spirit in which he did so. These problems are cultural and global. They exist in jurisdictions north and south of the border and interrelate with other cultural matters. One of the reasons why we have the network is that we do not yet know the extent of the problem. There is a general understanding that the problem exists, a recognition that we have to tackle it and a clear willingness in every party in the chamber to do so.
The cabinet secretary knows that honour killings occur when young girls resist, and ultimately refuse to enter into, an arranged marriage. He confirmed to me in a written answer in July last year that
To an extent, the answer goes back to the point that Mr O'Donnell was correct to raise. Many cultural matters are involved. Sometimes, proving whether something was an honour killing or was done out of badness and malice can be difficult. We need to address the extent of the problem. As I told Mr O'Donnell, that is being examined not only by the Government, but by the forced marriage network, which is the correct body to address such matters.
Like Hugh O'Donnell, I make the careful distinction that must be made between forced marriages and arranged marriages. I tell the minister respectfully that I understand that new legislation might not be required. Section 2 of the Family Law (Scotland) Act 2006 deals with the grounds on which marriage can be void, which include a lack of consent, and is already operational.
Those suggestions are helpful. I return to points that Mr O'Donnell made. Part of the solution is not just enforcing the law, but tackling the culture that exists. If a new law is not required, members can rest assured that we will be more than happy to enforce the existing laws, many of which the Government believes have served us well over the centuries. If new laws are required, we will introduce them, but we will do that only if they are necessary and will make Scotland safer and stronger.
British Transport Police <br />(Stop-and-Search Powers)
To ask the Scottish Executive what discussions the Cabinet Secretary for Justice has had with the British Transport Police about the use of stop-and-search powers. (S3O-2000)
I met the British Transport Police earlier this week to discuss our concerns about its use in Scotland of stop-and-search powers under section 44 of the Terrorism Act 2000.
Will the cabinet secretary confirm that he met the assistant chief constable from the British Transport Police on Monday only after repeated requests from the assistant chief constable for a meeting and after my question was lodged? The assistant chief constable has announced a review of stop-and-search powers, but will the cabinet secretary acknowledge that that review will not necessarily result in a reduction in the use of those powers? Is he aware of the importance of spot checks in combating the growing threat of terrorism, particularly on railways, where bombings have occurred in Madrid, Moscow, Mumbai and London? Will, in the future—
I think that you have asked enough questions, Lord Foulkes.
You think so?
I do.
Okay.
It is simply untrue to say that requests were made repeatedly. I am happy to say that I had great pleasure in meeting Assistant Chief Constable McCall and several other officers, including one who travelled up from south of the border. They were staggered by the number of searches that had been reached. They agreed that matters were out of kilter and they have undertaken to conduct a review. It might cause Mr Foulkes angst to learn that the interpretation by me and my department is that the British Transport Police will conduct a review to ensure that it focuses searches and uses them proportionately and appropriately.
The cabinet secretary will be aware that it has been suggested that Scotland should have a national transport police service, covering ports, airports and train services. I, along with many in the business, regard that as a good idea. What are the cabinet secretary's thoughts on the subject?
The member has made a sensible contribution. At the moment, our railway stations are dealt with by the British Transport Police and our bus stations and airports are dealt with by local constabularies. This is an operational matter; I have discussed it with the police and will doubtless continue to do so. The proposal should be considered, especially given that developments in other authorities across the UK are proceeding apace.
Community Orders (Non-violent Offenders)
To ask the Scottish Executive what additional measures it proposes to extend or enhance existing community orders or introduce new forms of community orders to reduce short-term custody for non-violent offenders, especially women. (S3O-2027)
The Scottish Government is implementing a range of measures that have the potential to reduce the number of female accused and offenders who are sent to custody. For example, as part of the package of summary justice reforms, we will shortly pilot fiscal work orders in a number of areas. Those will provide fiscals with an additional option for dealing with persons who are accused of minor offences but may not have the financial means to pay a fiscal fine, by requiring them to undertake between 10 and 50 hours of reparative activity.
I thank the minister for that full reply. One of the pilots established under the Labour Government was the community reparation orders pilot, which has recently been evaluated. I am sure that the minister has read that evaluation. Is he comfortable with the fact that it shows that the purpose of the orders was poorly explained to the judiciary, numbers were low and arrangements for implementation of the orders were poor? The whole pilot was poorly undertaken. Is the minister prepared to consider a further pilot that may learn lessons from the first before abandoning community reparation orders, which are welcomed by communities because they require very low-level offenders to make direct reparation to the communities against which they have offended?
The member makes a serious and sensible point. We are willing to look again at the matter and are disappointed that the pilot had shortcomings and defects. We are cognisant of the fact that those serving on the bench in Scotland, in however senior a capacity, are not always entirely convinced of the efficacy of community disposals. The wider issue is for us to ensure that those disposals are effective. That is why we are devoting an additional £500,000 to increasing the capacity of bail supervision schemes and why we are piloting drug treatment and testing orders for low-tariff offenders, especially female offenders. I know that Dr Simpson has raised that issue on many occasions and has done a power of work for Scotland on it. There will also be a review of community penalties, with a proposal to pilot a mentoring/link worker scheme for adult female offenders who have been given a community penalty.
Rural Affairs and the Environment
Lamlash Bay (Marine Management Plan)
To ask the Scottish Executive whether it will consult on the establishment of a marine management plan for Lamlash bay on the Isle of Arran. (S3O-2041)
I announced during my visit to Lamlash on Monday that I will consult on the proposals that were put forward by the Lamlash bay working group. The proposals are for a community marine conservation area made up of a marine reserve and a fisheries management zone.
As I chaired the meeting in Lamlash at which the cabinet secretary made his announcement on Monday, his answer comes as no great surprise. Does the cabinet secretary agree that the establishment of a marine management plan in Lamlash bay, which includes a no-take zone to regenerate the marine environment, could be a model that allows conservationists and fishing communities to work together successfully for their mutual benefit?
I congratulate the member on the timing of his oral question. The Government has lent its support to the proposals that will now be consulted on formally. We shall pay close attention to the progress made in the years ahead to see what lessons can be learned.
I very much welcome the plans for the marine conservation and fisheries management zone on Arran, which was announced last week.
I assure the member that the Scottish Government takes seriously the contribution of sea angling, which will, of course, continue in the proposed fisheries management zone in Lamlash bay. I remind the member that the Government has commissioned research into the economic contribution to Scotland of sea angling and we look forward to the outcome of that study.
Crofting
To ask the Scottish Executive how it intends to encourage new entrants into crofting if it reduces the croft house grant scheme by £1 million. (S3O-1969)
Expenditure on the croft house grant scheme is demand led and depends on the terms of the scheme and the number and value of applications. Last year, the outturn was only one third of budget provision. This year, the budget is £3 million and forecast outturn is only £2.5 million. Next year, we expect full spend of the £2.6 million budgeted.
I am encouraged by the minister's full answer. I am sure that he is aware, as I am, of the croft house grant scheme, which has been a great help in retaining the younger population in rural areas. Will the minister increase the level of funding to reflect the increasing costs of building in the crofting areas?
We keep the grant level under constant review. We are aware of how important the grant is. Last summer, for example, I was pleased to discover that people in new crofts on the Isle of Jura had been able, by making use of the croft house grant scheme, to more than stabilise the primary school, as there had been a resulting influx of young families.
Is obtaining housing in the crofting areas the key driver for new croft entrants? Can the Government point to examples of successful agricultural activities and other economic activities that are being hindered by the current croft house grant scheme?
There is no question that the scheme is hindering development—it is doing quite the reverse. Housing is one of the key drivers—it is not the only key driver—that ensure that there is a healthy crofting sector. We are aware of the many issues relating to croft housing and the use of croft land for housing, which is why I look forward to the Shucksmith committee's report. I expect to receive that report before Easter, and hope that we will publish it as quickly as possible thereafter.
The minister is aware that there is a lack of affordable housing in the crofting counties and that the croft house grant scheme is a vehicle for providing affordable housing. Will he spend some time on considering the barriers to applying to that scheme and other financial assistance to back up the grant? Crofters are often not well paid, and it is difficult for them to borrow commercially to make up the balance that is needed to build a house.
Of course I recognise the barriers that exist and the fact that there are regulatory issues. I do not wish to sound repetitive, but the committee of inquiry has a remit to consider the whole range of crofting issues, and I know that it has considered in great detail the issue that has been raised. The issues of how crofting will develop, and access to land and housing, have been central to its concerns. I hope that Rhoda Grant awaits its report with as much anticipation as I do, and that she will take part in the vigorous debate that will surely follow.
Farming (Nitrate Vulnerable Zones)
To ask the Scottish Executive what it will do to assist farmers in nitrate vulnerable zones. (S3O-1970)
The Scottish Government will work with the farming community in the NVZs on how to implement most effectively the new measures in the nitrates action programme. The proposed Scotland rural development programme includes support for the capital costs of manure or slurry storage, which are expected to be the largest costs for farmers in the NVZs.
Recently, I received a letter from a pig farmer in East Lothian, which is, of course, part of the south of Scotland. He faces a bill of £100,000 to accommodate the new rules. Has the Government estimated how many businesses will go out of business because of the new bureaucratic rules? Will the cabinet secretary assure me that farmers will be allowed extended time to implement the new storage arrangements as a result of the new closed periods?
The Presiding Officer will be paying close attention to what I say, given his constituency interest in NVZs.
Radioactive Waste
To ask the Scottish Executive why it intends to change how low and intermediate-level radioactive waste from the civil nuclear industry is dealt with. (S3O-2005)
The Scottish Government does not intend to change how low-level radioactive waste from the civil nuclear industry is managed. We continue to support what is said in the document "Policy for the Long Term Management of Solid Low Level Radioactive Waste in the United Kingdom", which was published in March 2007.
I thank the cabinet secretary for his answer and for the written answer from him in similar vein, which I received today.
I reiterate that the Scottish Government has signed up to the policy that was adopted by the previous Labour/Lib Dem Administration, which was finalised—as I said in my initial answer—in March 2007. That policy recognises the fact that there is a need for at least one extra facility in the south of Scotland for the storage of low-level waste. The national framework refers to that. The consultation on the potential location and nature of such a facility will take place in the coming years. At that point, the member will have the opportunity to make submissions to the consultation, as will everyone else.
Fly-tipping (Glasgow)
To ask the Scottish Executive what steps it is taking to tackle fly-tipping in Glasgow, especially after the festive period. (S3O-2035)
I encourage all local authorities, including Glasgow City Council, to take vigorous and effective action against fly-tipping.
The minister is aware—as I was during my time as a councillor in Glasgow—that fly-tipping is a huge problem in our cities. It obviously adds to the waste and therefore increases our pollution levels. In addition, children and elderly people often injure themselves on the rubbish that is thrown out on to the street. The clean up Glasgow project is doing an excellent job in our city, but more resources should be made available to tackle the problem more effectively. What is the Government's long-term strategy regarding this matter and what will the minister do to ensure that fly-tipping becomes a problem of the past?
I know that Bashir Ahmad takes a close interest in the issue, which is a serious social nuisance for many people as well as an environmental blight especially for people in Glasgow, as he says. I join him in congratulating clean up Glasgow on its campaign. I wish it every success in the future if there is a continuing need for that campaign.
Green Space
To ask the Scottish Executive what action it is taking to support local communities in using unused green space. (S3O-1996)
The Scottish Government funds many organisations, including local authorities, through core funding and grant schemes to support local action to improve the environment. Delivery includes making better use of poorly used or unused green space.
Cumbernauld College in my constituency is hosting the impressive Shifts exhibition, which was brought together by the Lighthouse in Glasgow. That is part of the 60th anniversary of the Abercrombie and Mayhew plan, which saw the creation of towns such as Cumbernauld. Does the minister agree that communities should be supported in seeking sustainable solutions for wasted areas that are left behind, whether they are for residential or industrial development? Will he continue to offer support to projects to develop such wasted space into allotments, gardens, community parks or community farms?
I agree that communities should be supported in recovering areas that have fallen into disuse or those that could be developed into useful green space.
Cathie Craigie almost stole my supplementary question. Will the Scottish Government look at ways to encourage the development of more unused green space to provide opportunities for the creation of allotment gardens, particularly in our urban areas? That would stimulate interest in locally grown food and lead to health benefits.
I gave a positive answer about allotments previously, and I continue to do so. However, allotments are not the only form of green space; there is a variety of other forms. Green space in which children can play is much needed, as is green space in which wildlife can flourish and which allows the protection and development of biodiversity—we will debate that later—and green space that allows the provision of allotments. I support all those things.
Will the minister join me in congratulating the people of Broomhill in Glasgow, who have successfully campaigned to prevent green space in their area from being sold off to developers? Does he agree that, before any such action is taken, local people and organisations should be fully consulted?
I concur with the member on that. I hope that every local authority has the desire to consult local communities. As I said in my original answer, Greenspace Scotland, which we fund, works towards the purpose of
Farmers (Mid Scotland and Fife)
To ask the Scottish Executive what its priorities are for farmers in Mid Scotland and Fife. (S3O-1983)
As in the rest of Scotland, our priority for farmers in Mid Scotland and Fife is to promote a sustainable and prosperous agricultural industry. We need to see food production earning a fair return for farmers and processing businesses, and we must maximise the other environmental and social benefits that flow from agricultural activity.
The cabinet secretary is aware of the welcome collaboration between the major supermarkets and farmers in my region as supermarkets realise the benefits of promoting local produce to consumers. Nonetheless, there are still concerns about the influence that the big four supermarkets continue to exert on producers. The cabinet secretary's party recognised that in its manifesto commitment to address
The member raises very important issues from the point of view of farmers and, indeed, of the nation. Of course, fair trade should not just be international; it is important to have a fair trade relationship between our farmers and the retailers here in Scotland.
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Waste