Rural Affairs, Food and Environment
Good afternoon. The first item of business is portfolio questions. In order to get in as many people as possible, I would be grateful for short and succinct questions and answers.
Waste Management (Regulatory Standards)
To ask the Scottish Government what work it is conducting in association with the Scottish Environment Protection Agency to ensure high regulatory standards in waste management. (S4O-04031)
The Scottish Government and the Scottish Environment Protection Agency work closely in all areas of waste management regulation to ensure that high standards are in place across the sector. For example, the Regulatory Reform (Scotland) Act 2014 provides SEPA with new powers of investigation, new sentencing options for the courts and the new offence of causing significant environmental harm. We also recently announced a review, to be conducted jointly with SEPA, of legislation and guidance relating to the use of sewage sludge.
Is the cabinet secretary aware that, at a round-table session hosted by the Justice Committee last year, concerns were raised about the increasing presence of illegal operators in the waste management industry and about access to public contracts? The former Cabinet Secretary for Justice noted the difficulty that is faced in the absence of formal criminal proceedings and the fact that intelligence about potential links to serious organised crime cannot be taken into account in awarding public contracts. Will the Cabinet Secretary for Rural Affairs, Food and Environment give an update on support for the sharing of information between agencies and the impact that that is having on prosecution rates for environmental crime?
The member raises the important issue of illegal operators in waste management and the huge problems that they cause for the regulators and for Scotland’s environment. As he knows, tackling environmental crime has been a big priority for all agencies and for the Scottish Government over the past few years, and we have set up the environmental crime task force. A conference on environmental crime was held in November last year, so there is more sharing of information between agencies.
If the member is concerned about a specific issue, he should write to me and I will pass the matter to the Lord Advocate to address. The Lord Advocate, SEPA, the police and others are all working together to tackle environmental crime and clamp down on illegal operators.
Does the minister agree that the waste management sector is important to the economy, that the vast majority of companies in the sector are committed to meeting the high standards that are in place and that a partnership approach between SEPA and business is therefore important to ensure that the standards are met?
I agree with Jamie McGrigor. A lot of effort has been put in, with good success, to ensure that SEPA is business friendly, as it has been over the past few years. Many business representatives to whom I have spoken have noticed the sea change in approach from the environmental regulator over the past seven years. Of course, it has a job to do, but it should enable economic development, not frustrate it. That is why SEPA is working proactively with the business community. I accept that the partnership approach is important.
Flooding (Urban Areas)
To ask the Scottish Government what support it provides to help prevent flooding in urban areas. (S4O-04032)
The Scottish Environment Protection Agency, local authorities and Scottish Water are co-operating on developing flood risk management strategies and local flood risk management plans, which will identify priorities for reducing the flood risk in vulnerable areas—urban and rural—throughout Scotland. A consultation on the draft strategies and plans will be launched in March and publication of the strategies is due in December this year, with the local flood risk management plans following in December 2016.
Paisley has dealt with more than 1,400 millilitres of rain in the past few months, which has caused some flooding in the town and has caused much concern among constituents. Are any plans under way to improve drainage systems across the country, and particularly in urban areas such as Paisley?
The Scottish Government recognises the challenge that is posed by surface water flooding caused by heavy rainfall. That is why the Flood Risk Management (Scotland) Act 2009 established a planning process for the sustainable management of all flood risks, including surface water flooding.
We have published guidance to assist responsible authorities in preparing surface water management plans to help with managing surface water flooding as, by its nature, the challenge is too complex for any single organisation to address alone. We are looking at how we can better manage surface water before it enters the sewer system or receiving watercourses by allowing for more above-ground storage and routing of surface water, as well as increased absorption through the ground or via innovative solutions.
The minister will be well aware of Dumfries and Galloway Council’s proposals for flood prevention on the Whitesands in Dumfries. She will also be aware of the considerable and growing level of local opposition to those plans. What discussions has the Scottish Government had with the council about the proposals and what has been the outcome?
Local authorities are responsible for developing, designing and promoting flood protection schemes as they see fit in their areas, which includes undertaking public consultation and engagement with stakeholders. The Scottish Government has no direct role in that process.
Dumfries and Galloway Council’s decision-making process for determining how best to protect the Whitesands is on-going. I know that the council has recently continued its public engagement efforts, with model displays of the favoured scheme. I was fortunate enough to have the chance to view those displays when I was in Dumfries on 26 January. I am aware that the proposals for the Whitesands have divided opinion among residents, so I have asked my officials to liaise with their counterparts in Dumfries and Galloway Council to discuss the proposals.
Will the minister give an update on progress with the funding and development of one of the national infrastructure projects—the metropolitan Glasgow strategic drainage system?
Scottish Water is investing heavily in improving its drainage and sewerage infrastructure to improve services to customers and to reduce flood risk, often in co-operation with local authorities and SEPA. The metropolitan Glasgow strategic drainage partnership is a prime example of such interagency co-operation in an urban environment. Its work will result in substantial reductions in flood risk for residents of the greater Glasgow area. I would be happy to write to the member with a further update and to provide her with as much information as I can about the scheme.
Land Reform (Consultation Findings)
To ask the Scottish Government when it will publish the findings of its consultation on the future of land reform. (S4O-04033)
The consultation on the future of land reform closed on 10 February. Approximately 1,200 responses were received from a range of organisations and many individuals. We are carefully considering all the responses and we look forward to receiving in the coming months the independent analysis report that we have commissioned. In March, consultation responses from respondents who indicated that they were content for their response to be made public will be published on the Scottish Government’s website.
I am sure that the minister is aware of the Labour Party’s long-standing commitment to and record on addressing land reform. I wish her every power to her elbow in an area in which we could really make a difference.
The minister might be aware that many who are campaigning for a transformation in land ownership feel that there is the need for a presumption in favour of a community right to buy. The Labour Party supports that. What is the Scottish Government’s position on a right that many believe will create significant opportunities for sustaining communities across Scotland?
I thank the member for her question and put it on the record that I am very open and that, if she wishes to write to me or meet me, I would be happy to discuss any proposals that the Labour Party would like to make.
Our vision for land reform is for a strong relationship between the people and the land of Scotland, in which ownership and use of the land deliver greater public benefits through a democratically accountable and transparent system of land rights that promotes fairness, social justice, environmental sustainability and economic prosperity. I am keen to see a fairer and more equitable distribution of land in Scotland, whereby our communities and individuals can own and use land to realise their potential.
We all know that Scotland’s land must be an asset that benefits the many and not the few. I am therefore keen to discuss land reform issues further with Johann Lamont.
Year of Food and Drink Scotland 2015 (Glasgow)
To ask the Scottish Government what it will be doing in Glasgow to mark the year of food and drink Scotland 2015. (S4O-04034)
Scotland’s natural larder will be showcased over the next 12 months at events the length and breadth of the country, including special events that are supported through a dedicated £265,000 fund, in order to raise awareness of the role of food and drink in our cultural identity and in shaping our country’s economic success.
There will be a range of events in Glasgow throughout the year, including a food and drink showcase event at the Drygate craft brewery, where around 100 local businesses will hear about the opportunities that are available throughout the year and about our quality assurance scheme, taste our best, which recognises businesses that are committed to sourcing local produce.
I thank the cabinet secretary for that answer and for the information about the event at the Drygate craft brewery. I noted from the Scottish food and drink website that there will be a significant event from 4 to 5 March called ScotHot, which will celebrate Scotland’s hospitality, tourism and food and drink sectors in six events that will be held at the Scottish exhibition and conference centre. Has the Scottish Government done an economic analysis of the expected economic benefit to businesses that are based in Glasgow and to the wider Glasgow economy of the year of food and drink?
I do not have figures for the benefits directly to Glasgow, but the benefits to Scotland, including all our communities, are evidenced by the growing economic contribution of food and drink overall to Scotland over the past few years. The sector is now worth £14 billion in turnover to the Scottish economy, and we believe that we are still scratching the surface. The year of food and drink is all about promoting and showcasing Scotland as a land of food and drink not only to people visiting Scotland but to people who live here, including people who live in Glasgow.
Sourcing more produce locally will have a huge economic benefit. It is good for local producers, businesses and suppliers. Given that I launched this morning a local food campaign called in season, which will run for the next few weeks, I should point out that we can enjoy healthy and nutritious food when it is in season, because we grow it on our doorstep. There are many benefits for Glasgow and the whole of Scotland from the year of food and drink.
Sustainable Development (Rural Areas)
To ask the Scottish Government what it is doing to deliver sustainable development in those rural areas that are hardest to reach. (S4O-04035)
The Scottish Government is working hard to ensure that everyone in rural Scotland has the same access to opportunities and services as is available to those in urban areas. Our new Scotland rural development programme will provide more than £1.3 billion for a range of initiatives across our rural communities and help to boost our rural economy and all the development that comes with that.
We are also investing more than £410 million in our digital Scotland superfast broadband programme, which will deliver fibre broadband access to 95 per cent of premises by 2018. Of course, that is being done in parallel with community broadband Scotland, which supports schemes in more rural and remote areas in Scotland.
Those initiatives will complement everything else that is happening across Government, which we do not have time to go into just now.
The minister will be aware that much of the demand that has been created for that broadband is in agricultural businesses in remote areas that are now required to connect through the internet to the minister’s department. Some of those areas are extremely hard to reach. What discussions has the minister had with ministerial colleagues in order to create a cross-ministerial effort to ensure that we can deliver to those hardest-to-reach areas alternative methods of connecting to the internet using available technology that is becoming affordable as we speak?
As Alex Johnstone will be aware, one of the Government’s key objectives, which First Minister Nicola Sturgeon launched a few weeks ago, is that of tackling inequality. I am sure that the member will welcome the fact that digital broadband is part of our discussions in that regard and that we want to ensure that tackling inequality in rural areas is very much part of the agenda.
I hope that what I laid out in my first response persuades the member that we are taking this issue seriously. There are years of neglect with regard to rolling out broadband across Scotland, but we are now addressing that, and it will make a difference.
With regard to the forms that farmers have to fill in, which they are being urged to do online these days, alternative methods are being made available for those who cannot get online. Facilities will be made available at local agricultural offices that farmers can visit if they do not have broadband facilities in their homes or farms, and they can submit paper copies if they have to.
Freshwater Pearl Mussels (River Spey)
To ask the Scottish Government what is being done to comply with the habitats directive to conserve freshwater pearl mussels in the River Spey. (S4O-04036)
The requirements of the habitats directive with respect to freshwater pearl mussels are delivered largely by three legislative pillars.
First, pearl mussels are listed in schedule 5 to the Wildlife and Countryside Act 1981 and benefit from strict protection. Secondly, the habitat quality of pearl mussels in protected areas and the wider environment is maintained and improved under the Water Environment and Water Services (Scotland) Act 2003. Lastly, competent authorities must execute the procedural requirements of the Conservation (Natural Habitats, &c) Regulations 1994 in relation to the assessment of the implications of plans or projects for European sites.
As the self-styled species champion for the freshwater pearl mussel, I am aware of the 50 per cent decline in its population, which proves that neither the Government nor the public agencies have done enough to protect the species and are still not providing adequate protection, despite the legislation going back as far as the minister said. How prepared is the Scottish Government for referral to the European Court of Justice and subsequent fines for not providing adequate protection for the pearl mussel?
I commend Mary Scanlon for her passion, the commitment that she has shown to the conservation of the freshwater pearl mussel, and all the work that she has been doing in that regard as the Scottish Environment LINK species champion for the species.
I admit that the decline is of grave concern. It only became apparent in the results of recent survey work that is due to report next month. As a result, the Scottish Environment Protection Agency has commenced an analysis of environmental data collected over the past 10 years to establish the cause or causes of the decline. That will inform future action under, for example, the Spey catchment initiative.
Separately to that, the Scottish Government has asked SEPA and Scottish Natural Heritage to work together to draw up the appropriate objectives and standards for water bodies within conservation sites. On receipt of those later this year, the Scottish Government will consider the need for public consultation.
I am happy to meet Mary Scanlon to discuss what further action can be taken on the conservation of the freshwater pearl mussel.
Transatlantic Trade and Investment Partnership (Animal Welfare and Food Standards)
To ask the Scottish Government what discussions it has had with farmers or their representatives on the impact of the transatlantic trade and investment partnership on animal welfare and food standards. (S4O-04037)
As Christina McKelvie knows, NFU Scotland gave written and verbal evidence to the European and External Relations Committee on 27 November. In that evidence, it outlined its concerns about the possible implications for food standards and geographical indication labelling, among other things. The Government has agreed to maintain a dialogue with the NFUS as the proposals develop and will ensure that its views are fed into the negotiations.
The cabinet secretary will know that farmers in my constituency of Hamilton, Larkhall and Stonehouse are extremely anxious about TTIP. Last week, at the European and External Relations Committee, Lord Livingston went to great pains to suggest that all of the standards are currently exempt.
Will the cabinet secretary tell me what reassurances he has had from the United Kingdom Government on seeking reservations from the European Commission on, in particular, animal health standards, genetically modified organisms, food standards and, of course, protected name status for produce such as Scotch and the Stornoway black pudding, of which my colleague Jamie McGrigor is a great champion?
As a big fan of Stornoway black pudding, I will ensure that the trade negotiation does not harm its fantastic status. However, until we see the black and white of the trade agreement, we have to make every effort to make representations to Europe and the UK Government about the need to heed the views of Scotland’s farmers.
I should say that the European Commission has repeatedly stated that consumer, health and safety and environmental standards will not be lowered and that, for example, there is no prospect of GM crops or hormone-treated beef being allowed into the European Union or the UK. However, until we see the black and white of the agreement, we will keep up the pressure on the authorities to ensure that that is the case. I will make a point of once again raising the issue with UK ministers following Christina McKelvie’s raising it in Parliament.
I welcome the cabinet secretary’s commitment on that. I can add to the pressure that he is putting on the authorities the fact that members of Unite the union are also very concerned about the impact on our own farming industry in relation to the pressure to cut costs, the pesticide issues that the cabinet secretary mentioned, and health and safety issues at work in Scotland in regard to food processing organisations. It is therefore very much in our interests to make sure that those standards are retained.
Would the cabinet secretary be prepared to meet the Unite trade union, which has expressed reservations about the impact not just on the workforce but on the wider environment and on Scottish consumers, given the very high standards that exist in our agricultural industry?
I would be happy to meet representatives from Unite to discuss their concerns. I give that pledge today.
Albeit that there is still some way to go in the negotiations, we have had repeated assurances that there will be no lowering of standards in relation to any shared agreements, but of course the issue remains a concern. The trade agreement, according to the European authorities, is all about coherence of standards and getting rid of duplication, but we must be absolutely certain that it does not lead to a lowering of the very high standards that are maintained by the Scottish agricultural sector and by the wider food industry sectors.
Justice and the Law Officers
We move to portfolio questions on justice and the law officers. Question 1 has been withdrawn and an explanation has been provided.
Police and Fire Services (Information and Communication Technology Systems)
To ask the Scottish Government what the actual and contracted expenditure was for ICT systems in the police and fire services in 2013-14. (S4O-04042)
Expenditure by the police and fire services for ICT systems in 2013-14 was £34.87 million and £10.6 million respectively.
I thank the cabinet secretary for that information. Given the growth in availability of real-time developed applications and databases that might be shared by the emergency services, will the cabinet secretary initiate a review of immediately available commercial applications that might be applicable so that even greater efficiencies can be developed in those services as a result of their sharing data, which would lead to lower costs?
I am sure that Chic Brodie recognises that Police Scotland and the Scottish Fire and Rescue Service have been through a significant period of change over the past 18 months to two years, with the various police forces and fire services both moving to single services. That has led to a considerable need for renewal in ICT provision and consolidation of the various ICT platforms that they have been utilising.
A key part of that work has been to ensure that service has continued to be provided and that the quality of the service has been unaffected. It has therefore been important to ensure that the integrity of the process has been maintained as best it can be during the changeover period. That said, that process is continuing and I recognise that there is an opportunity for greater sharing and co-operation between Police Scotland and the Scottish Fire and Rescue Service. I have no doubt that they will be interested in looking for opportunities to share platforms and data as and when appropriate.
I assure Chic Brodie that it is our desire to ensure not only that we have an integrated fire service and an integrated police service but that we make sure that our emergency services collectively are working in co-operation and partnership as and when that is appropriate.
Last week, the Justice Sub-Committee on Policing heard that 20,086 stop-and-search records were lost by Police Scotland because somebody who was operating a computer pressed the wrong button. Does the cabinet secretary share my concern that Police Scotland has such a “clunky” information system that a large volume of data can apparently be lost without any prompt or back-up? Is Police Scotland getting value for money when it comes to its IT system?
We need to separate two different things, here. The system that is used for collecting stop-and-search data is separate from the rest of the police system. The stop-and-search system was created specifically to capture those data when the police were requested to do so. However, the rest of the police system, which captures information about offences and everything else, is separate from that stop-and-search system and works very effectively.
As Elaine Murray will be aware, Police Scotland is currently developing the i6 system, which will be rolled out next year to improve the system’s capacity even further. As she will have heard last week, there are some issues to do with loss of data but—as was explained at the time—a significant amount of the data has been recovered.
Her Majesty’s inspectorate of constabulary for Scotland is currently examining the data-collection process and mechanisms that Police Scotland has in place for stop and search; we expect a report to be with us by the end of March.
It is important not to generalise about the IT system that the police use. The loss of data concerned a component part that had been developed for collecting specific information. The rest of the IT system, in which the vast majority of Police Scotland data are collected, was not affected by the problem.
Can the cabinet secretary add anything further on implementation of the i6 system?
The i6 system will increase the capacity and the technical ability of Police Scotland’s IT system. For example, it will help to improve the way in which data are collected and information is shared with other agencies. At present, as I understand it, the project is on budget and on time and will help to improve the overall capacity of Police Scotland.
Antisocial Behaviour etc (Scotland) Act 2004 (Quad Bikes)
To ask the Scottish Government how many quad bikes have been seized by police under the Antisocial Behaviour etc (Scotland) Act 2004 in the last year. (S4O-04043)
Section 126 of the Antisocial Behaviour etc (Scotland) Act 2004 provides powers for the police to seize
“vehicles used in manner causing alarm, distress or annoyance.”
Information on the number of vehicle seizures broken down by vehicle type is not currently collated by Police Scotland. We have contacted Police Scotland to explore whether we can improve the breakdown of vehicle-seizure data to allow a better understanding of the extent of the problem regarding antisocial use of quad bikes.
Apart from mentioning the issue relating to the recording of incidents, I pay tribute to and commend the local police inspector in my constituency, who I know has seized a number of quad bikes that have been related to antisocial behaviour.
There is an issue concerning registration of quad bikes. I know from discussions with local Police Scotland representatives in my constituency, and from discussions with other agencies, that people would find registration helpful. Would the minister agree to meet me and other interested parties to discuss how we can develop a registration process to ensure that quad bikes are registered to their owner at a specified address?
I share Paul Martin’s concern. It would be ideal if we could reunite a stolen quad bike with the original owner once it has been recovered as part of an action under section 126 of the 2004 act. It is difficult for the police to identify whether a vehicle has been stolen, and to find the original owner, so there is very strong interest in ensuring that a registration process is implemented.
I met Paul Martin’s colleague Claire Baker to talk about similar issues, and I am happy to meet him to hear his ideas about what we could do to progress the matter and to explain what we propose to do, including working with NFU Scotland in particular to ensure that farmers register their vehicles and get them back when they are lost.
Is the minister aware of the SmartWater identification system, whereby chemical solutions can be sprayed on a quad bike to enable it to be traced and returned to the owner? Its use has been promoted by NFU Scotland. Would he be in favour of promoting awareness of that system?
There is a bit of serendipity in that respect. As it happens, I was at an event on metal theft this morning at which I met SmartWater company representatives and discussed quad bikes. I would certainly be interested in looking at the potential for using that approach.
The support from the NFUS is very welcome. I am keen to meet all members who have an interest in tackling the problem, because many vehicles and a lot of money are being lost to the farming industry. I would be interested in looking at anything, like SmartWater, that could help.
Miners Strike 1984-85 (Inquiry)
To ask the Scottish Government whether it will hold an inquiry into the policing and convictions of miners who were arrested in Scotland during the 1984-85 miners strike. (S4O-04044)
We have robust procedures in place in our justice system for where potential miscarriages of justice may have occurred. Those should be used in the appropriate way by anyone who considers that they have experienced a miscarriage of justice. It may be helpful to confirm that the Scottish Government has no powers to overturn convictions—only a court is able to do so.
There are no plans to hold an inquiry into the conduct of the police or into individual criminal convictions. That does not prevent an individual from contacting the chief constable of Police Scotland or the Scottish Criminal Cases Review Commission to ask them to consider complaints.
I was hoping that we might, with the new cabinet secretary, have a new attitude, but it appears that we do not. In a few weeks we will reach the 30th anniversary of the end of the strike. I was hoping that the new cabinet secretary would commit to some form of inquiry in Scotland because, 30 years on, many people still feel that they were victims of miscarriages of justice. Will the cabinet secretary not even consider looking at the issue again?
As I have outlined to Neil Findlay, and as my predecessor outlined to him, we have in place for anyone who believes that they have been subject to a miscarriage of justice a robust mechanism for the issue to be thoroughly investigated. That is done through the Scottish Criminal Cases Review Commission, which we established and which is the most appropriate way for such cases to be taken forward. If the member is aware of any individuals who believe that they have been the subject of a miscarriage of justice, he should let them know that their first port of call should be the commission, to ask it to consider their complaint. The commission will then determine whether the matter should be referred back to the court for consideration. That is the due process; that is how someone who believes that they have been the subject of a miscarriage of justice should have the issue considered.
Police Scotland (Compensation Payments)
To ask the Scottish Government how much compensation was paid out by Police Scotland and its predecessor service in each of the last three years. (S4O-04045)
For 2011-12 and 2012-13, any compensation that was paid out was a matter for the police joint boards and unitary authorities. For 2013-14, it was the responsibility of the Scottish Police Authority. The Scottish Police Authority’s head of legal and compliance has authority to settle claims up to the value of £50,000. Claims above £50,000 require the approval of the SPA board for settlement.
The cabinet secretary will be familiar with the Association of Scottish Police Superintendents resilience survey last year, which showed that 87 per cent of superintendents acknowledged that they were in breach of the working time regulations. Those are the most senior front-line individuals, who make important decisions about public safety. Can the cabinet secretary reassure me that there are sufficient funds to address the inevitable claims that will come as a result of decisions being made by people in senior positions who have been overcome by sleep? Alternatively, and ideally, can he ensure that the working time regulations are applied and enforced by Police Scotland as they should be?
It would not be appropriate for me to pre-empt any claims that may be made against the SPA. It is for individual officers to consider pursuing such matters when they have been provided with appropriate legal advice. We are in regular contact with the staff side organisations, including the superintendents association, on a range of issues that might affect their members. If there are specific issues about the operation of Police Scotland and the way in which it is taking forward the working time arrangements for officers, those should be duly pursued through the Scottish Police Authority, which is responsible for scrutinising and holding Police Scotland to account for its conduct and the way in which it operates the service.
Lord President of the Court of Session (Meetings)
To ask the Scottish Government when it last met the Lord President of the Court of Session and what issues were discussed. (S4O-04046)
I met the Lord President on 29 January and the Minister for Community Safety and Legal Affairs met the Lord President on 3 February. A number of matters relating to the judiciary and the business and reform of the courts were discussed.
What approach is the Scottish Government taking to the role and budget of the Judicial Complaints Reviewer? Have there been any discussions on reviewing the powers and increasing the independence of the Judicial Complaints Reviewer?
At present, no review of the Judicial Complaints Reviewer’s role has been undertaken and there are no plans to consider extending its remit and responsibility.
I recognise John Wilson’s interest in this issue. If he wishes to discuss particular aspects of the issue with me or my ministerial colleagues, we would be more than happy to do that, but none of the points that he raised is being taken forward at the moment.
Police Scotland (Kettling)
To ask the Scottish Government whether Police Scotland plans to review its operational method known as kettling. (S4O-04047)
As the cabinet secretary stated in his response to parliamentary questions from Ken Macintosh in January, deployment of police officers and decisions on the use of tactical options for crowd management, including containment, are a matter for Police Scotland. Any decision to utilise containment as a tactical option is made by the police tactical commander and is fundamentally subject to a variety of legal tests derived from stated cases. The Scottish ministers expect that any use of the approach to policing is proportionate to the situation making the measure necessary and is enforced for no longer than is reasonably necessary. The Scottish Police Authority has a statutory responsibility to hold the chief constable to account for the policing of Scotland.
I notice that the minister did not give any figures on the frequency of the use of kettling in Scotland. Given the current concerns about such illiberal practices as stop and search and armed policing, is this another area that Police Scotland could review, with a view to improving its relations with the general public and confidence in Police Scotland?
Ken Macintosh did not ask for any statistics on the use of containment. Had he done so, I might have been in the position to look at them.
On the more substantive point about the relationship between police and the public, Police Scotland works very hard to ensure good community relations and the SPA has the important role of holding the chief constable to account for how policing is delivered in operational terms. The Scottish ministers do not intervene on operational matters for very good reasons, as I am sure that Mr Macintosh will appreciate.
If there are concerns about the use of containment and people have specific complaints, those should, in the first instance, be addressed to the chief constable. They can then be taken forward in the appropriate manner.
New Psychoactive Substances (Charges and Convictions)
To ask the Scottish Government how many people supplying new psychoactive substances have been charged under common law with reckless and culpable conduct, and how many convictions have resulted. (S4O-04048)
The common-law offence of culpable and reckless conduct covers a wider range of offending than just the supply of new psychoactive substances. Figures for the number of people charged with or convicted for supplying new psychoactive substances under that offence are not available. The offence of culpable and reckless conduct can be used where a person is supplied with a new psychoactive substance in certain circumstances. In particular, evidence is required that the supplier knew or was reckless to the fact that the NPS was being used for human consumption.
With a threat so serious as that posed by new psychoactive substances, it is deeply disappointing that the information that I have requested is not available from the Scottish Government. How does it know what is going on and, in such ignorance, how can it respond to the threat?
Will the Solicitor General endeavour to find out the information and will she and the Lord Advocate liaise with the chief constable about issuing guidance to police officers to clarify what circumstances justify a charge of culpable and reckless conduct being brought against those who supply these dangerous substances?
I thank Annabel Goldie for her interest in this difficult area. The Crown Office and Procurator Fiscal Service issued guidance to the police in relation to an operation last year that specifically covered the use of the offence of culpable and reckless conduct and the type of evidence that would be required.
It is clear from today’s Business Bulletin that there will a ministerial statement tomorrow on new psychoactive substances.
I assure Annabel Goldie that the Crown Office was part of the NPS expert review group and continues to work with the police, local authorities and trading standards to ensure that, in this difficult area of law, the offence of culpable and reckless behaviour and other types of offences, in particular those under the product safety regulations, are used when they are appropriate.
Cashback for Communities Scheme
To ask the Scottish Government whether it will provide an update on the cashback for communities scheme. (S4O-04049)
The cashback programme continues to enhance and support communities across Scotland, particularly our young people. Cashback offers young people from all backgrounds the opportunity to be all that they can be. A wide range of projects are supported by the programme and are providing young people, many of whom come from disadvantaged areas, with supported opportunities to develop important life skills through involvement in sport, culture, youth work and youth employability schemes. Cashback will continue to strengthen our communities and provide positive destinations for our young people.
I am sure that the cabinet secretary will agree that the cashback for communities scheme makes a real difference to communities. What funding can my constituency expect over the forthcoming year?
I assure the member that his constituency and the Midlothian area have received a significant financial benefit from the cashback programme. For example, up to 2013-14, more than £790,000 was invested in Midlothian, delivering over 41,000 activities and opportunities for young people. That investment will continue as we continue with phase 3 of the cashback programme. Given the extensive range of different programmes that the member’s constituency has benefited from, I would be more than happy to write to him with their details.
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