Plenary, 26 Feb 2009

Meeting date: Thursday, February 26, 2009

Official Report 700KB pdf

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Question Time

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SCOTTISH EXECUTIVE

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Justice and Law Officers

Question 1 was lodged by Mike Pringle, whom I do not see in the chamber. I will inform him accordingly.

May I ask the question?

No, I am afraid that you cannot.

Question 2 has not been lodged.

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Alcohol-related Crime

To ask the Scottish Executive what progress was made in tackling alcohol-related criminal offences over the last festive period. (S3O-6041)

We know how much damage alcohol-fuelled crime can do to communities, particularly over the festive period. That is why we announced in October 2008 that a third year of safer streets funding would be provided to community safety partnerships to conduct high-visibility and high-impact initiatives to reduce alcohol-related violence and disorder over the festive period. Total safer streets investment since 2006-07 now stands at £2.2 million.

There were significant successes in 2007-08, including in the member's constituency. There was a 45.8 per cent reduction in breach of the peace offences in South Lanarkshire and a 37 per cent reduction in violence and disorder incidents in hotspot areas of Midlothian compared with the same period in the previous year. We are currently evaluating the outcome of the 2008-09 initiative, and the initial indications are very encouraging.

The extra funding is welcome, but Dumfries and Galloway Constabulary has reported what it described as a shocking rise in arrests over the festive period for incidents in which alcohol abuse was a significant factor. Will the cabinet secretary undertake to consider what additional actions could be taken to encourage sensible drinking over the festive period and, indeed, throughout the rest of the year?

Absolutely. It is clear that local authorities use the money that we provide to them in a variety of ways. Some local authorities have used it for taxi marshal initiatives to reduce disorder, and others have been successful in the ways that I mentioned.

The member is correct: there have been shocking incidents involving alcohol abuse. As the Government has said, the problem is not the drink but how some people are drinking. It is clear that those who are responsible for law and order require to deal with the matter, but alcohol-related crime is equally a health and education issue. The member is well aware of the Government's commitment to ensuring that Scotland gets its relationship with alcohol back on to an even kilter and that we enable our communities to enjoy the festive period without its being blighted by the abuse of alcohol.

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Debt Recovery (Public Authorities)

To ask the Scottish Executive what legal remedies are available to public authorities when pursuing individuals for debt. (S3O-6054)

The formal legal remedies that are available to a public authority when it is pursuing a debt are diligence and bankruptcy. The diligences that can be used are inhibition, arrestment, earnings arrestment or attachment.

It has come to my attention as a result of representations from Citizens Advice Scotland that consumer debt can be pursued for something like five years. However, I have received representations from within my region that indicate that debts as old as 20 years are being pursued against people, many of whom do not have records. Many debts are being pursued using the summary warrant procedure, which denies people the opportunity to appear in court. Will the minister comment on that process and say whether the prescriptive period for community charges will be reviewed?

I think that Hugh O'Donnell's description is accurate. The law of prescription of debt for ordinary debts between individual private contracting parties covers five years, but there is not the same period for the recovery process for Government debts in all their forms. Local authorities can apply for a summary warrant to collect outstanding council tax and community charge moneys up to 20 years after the amount becomes due, and they then have up to a further 20 years to collect it.

Anyone can see that there are obvious difficulties in proving what occurred after such a long period—a person does not need to have had any involvement with the legal profession to see those difficulties. It is perfectly legitimate that Citizens Advice Scotland has indicated that it seeks a member's bill on the issue, and I would be happy to explore further with Hugh O'Donnell, other members and CAS the complex issues involved.

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Direct Measures

To ask the Scottish Executive how many people charged with assault to injury from 1 October 2008 to 31 January 2009 have received a direct measure. (S3O-5970)

Procurators fiscal received reports containing a total of 4,660 charges of assault to injury between 1 October 2008 and 31 January 2009, of which 4,492 have been dealt with to date.

Accused persons have been offered the direct measures that are available under the Criminal Proceedings etc (Reform) (Scotland) Act 2007—a fiscal fine, a compensation offer, a work order or a combined offer of a fiscal fine and compensation—in 207 charges, which is 4 per cent of the charges that have been dealt with.

That 207 figure should be added to the equally shocking figure of 521 between April and September 2008. The fact that so many people who commit assaults to injury are being given get-out-of-court-free cards is becoming a national scandal. Will the Government finally review the guidance and make it clear that a direct measure is wholly inappropriate for assault to injury?

It should be made clear what direct measures are not appropriate for: any offence that is likely to attract a sentence of imprisonment or community service, domestic violence, drug dealing, serious violence, violence against police and emergency workers, possession of offensive weapons, possession of class A drugs, cases where there is a significant sexual element, persistent and serious offenders, racially or religiously aggravated offences, and any case where the offender suffers from mental illness.

Direct measures are appropriate for minor offending, including minor breach of the peace, possession of small amounts of class B or class C drugs, shoplifting and minor assaults. I suggest that the figures demonstrate that only a small number of assault-to-injury cases are being dealt with by direct measure and that such cases are very much at the bottom end of the scale.

The benefits of summary justice reform lie in saving victims and witnesses the inconvenience of attending court; in freeing up police officers from bureaucracy and from attending court to give evidence; in allowing financial penalties to be imposed more speedily than is possible through the courts; and in a significant rise in the number of early pleas of guilty. Those measures were supported by all parties represented in the chamber, and they are delivering the results that were intended.

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Proceeds of Crime Act 2002

To ask the Scottish Government what plans it has to review the effectiveness of the Proceeds of Crime Act 2002. (S3O-6032)

We are determined to maximise the benefits of the proceeds of crime legislation. It has already helped to secure more than £23.5 million from major underworld figures, but we are not complacent.

We will shortly consult on improvements that we can make in the Scottish Parliament through secondary legislation. The serious organised crime task force has commissioned a review of the asset recovery process to see whether improvements can be made to its effectiveness. Her Majesty's inspectorate of constabulary for Scotland and the inspectorate of prosecution in Scotland are conducting a joint review of asset recovery performance. Both those reviews will assist us in making even more effective use of what is a powerful tool in the fight against serious and organised crime.

The cabinet secretary will be aware of a recent article in The Herald that suggested that the recovery of proceeds of crime is much better in the Republic of Ireland compared with our system. Does he agree? Even if he does not, will he consider that in his review?

The member may rest assured that we will look wherever there is good practice that we can build on. There are some aspects in which Ireland does well, although we must recognise that the Irish model is different. The Irish use the criminal assets bureau, which is a division of the Irish police, and they have a multi-agency approach, which includes taxation.

In Scotland, we have the police and the Crown Office and Procurator Fiscal Service. We deal with breaking up criminal activity but also try to ensure that we take assets and use financial measures both to ensure that people do not make money out of criminal offending and to drive home the message that ultimately they will be proceeded against and prosecuted and will lose their assets. If we can learn lessons from the Irish, we will be happy to do so. We can consider the system in the Irish Republic, but we should realise that our system is remarkably good in many respects, even if it is formulated in a significantly different way.

The issue may not fall within the cabinet secretary's specific remit but, in considering the disbursement of such funds, will he consider my representations about the Scottish football museum's access to funding for a social inclusion scheme that it has in mind to help young people from deprived communities? Will he consider giving some of those funds to the museum for that scheme?

I do not know the precise details of the Scottish football museum's scheme, but I visited the museum not that long ago with various friends and enjoyed it immensely. We have put in a significant amount of money along with partners such as the Scottish Football Association, and we work with individual clubs on their initiatives to tackle drugs. If there is a viable and appropriate scheme, we will be more than happy to look at what the museum has to offer and establish how we can put money made from damaging our communities back in to improve and benefit those communities.

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Domestic Violence (Compensation)

To ask the Scottish Government whether it plans to support women seeking financial compensation through the legal system from partners convicted of domestic violence. (S3O-6046)

The legal aid system already provides free or subsidised legal assistance for those who cannot afford to pay for it themselves, including those seeking financial compensation through the civil courts.

We laid regulations last week that will increase the disposable income limit for civil legal aid to £25,000 from this April. That should bring more than a million Scots into potential eligibility. Our forthcoming criminal justice and licensing bill will also introduce greater flexibility for criminal courts to award compensation against offenders.

I am very pleased by that reply. Does the cabinet secretary agree that in certain cases, as well as a prison sentence, the awarding of costs against a perpetrator of domestic violence goes some way to change the culture and tackle that despicable crime?

Absolutely. That applies to all offences, and it clearly applies to the heinous offence of domestic violence, which is a significant problem in Scotland. One difficulty with always providing a compensation order for some elements of domestic violence is that, rightly or wrongly, families sometimes get back together and any compensation order or fine would affect the family budget and any children.

We must ensure that the sheriff or judge has the appropriate tools, but whether a compensation order or financial penalty should be used—in addition to or as an alternative to a period of imprisonment—is a decision for them. I agree that in many instances it is appropriate to ensure that a compensation order should be made available to the victims, but we must take cognisance of the fact that some cases of domestic violence are very complicated. We must ensure that the legislative framework is in place and encourage our sheriffs to use it imaginatively.

Question 8 is withdrawn.

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Young Offenders (Communication Difficulties)

To ask the Scottish Executive how its policy takes account of the high incidence of communication difficulties among young offenders in terms of both direct provision of speech and language therapy and, more generally, the communication accessibility of criminal justice services. (S3O-5994)

Young offenders should have access to the same opportunities as all other young people to ensure that they develop the communications skills that enable them to grow, live and work in the contemporary world. Local authorities have a statutory duty to provide those educational services to all young people of school age, including young offenders.

When in custody, young offenders have access to a community speech and language therapy service, following referral from prison health care services, as well as a wide variety of learning opportunities that aid the development of communication skills. As the independent Scottish Prisons Commission found, we need better outcomes for offenders and communities. We took account of that in "Protecting Scotland's Communities: Fair, Fast and Flexible Justice", which is our plan for a coherent and comprehensive management strategy to reduce reoffending and tackle the underlying causes of crime.

Given that speech and language therapy provision is available for only 16 hours per week in Polmont and cannot be accessed at all by offenders in Cornton Vale, does the minister share my concern for the success of rehabilitation measures when there is a mismatch between the skills levels of offenders and the literacy and communication requirements for important programmes, including anger management and drug rehabilitation courses? How will that mismatch be reduced?

The Scottish Prison Service is consistently on that case. Some services are provided by local authorities, some are provided by health boards, and some are required to be provided by the Scottish Prison Service. At my meeting with the Prison Reform Trust next Tuesday, one of the matters under discussion will be how we care for and deal with young offenders who have such difficulties. Clearly, many young offenders are in custody because they have committed serious offences—that goes with the turf—but we should also recognise that many have problems, whether with drug or alcohol addiction, learning or other difficulties.

Our hard-pressed Scottish Prison Service cannot possibly provide such youngsters with the skills and assistance that they need when it is overburdened with the continual churn in and out of prisoners on short-term sentences. The service tells us that assessment of such youngsters usually takes something like eight weeks. If a youngster is in prison for only a short period, the service cannot possibly carry out the literacy and numeracy analysis that is necessary. That is why, if we are to allow the service to do what is necessary, we need to provide it with headroom by ensuring that prisons are only for serious and dangerous offenders. Those who commit less serious offences should be dealt with either under the summary justice reforms or through tough community sentences.

I want to press the cabinet secretary a little further on that. He did not really deal with Marlyn Glen's point, which was about the low level of support that young offenders institutions such as Polmont provide for dealing with speech and language communication problems. Does he appreciate the significance of the problems that are faced by some young people who end up in prison? Will he undertake to look at the provision of such services in young offenders institutions? Notwithstanding the wider context of the reforms to which he rightly referred, will he review the issue, perhaps by asking an outside body to consider whether current provision could be improved?

As I said, we as a Government are continually on the case. We recognise that youngsters coming into the system can have severe educational and learning difficulties. Not that long ago, issues such as dyslexia were not even identified or considered, but we now know that a significant element of the prison population not only has learning difficulties but suffers from conditions such as dyslexia. Clearly, we require to deal with that.

I have seen for myself how HM Young Offenders Institution Polmont tries to address the specific problem of the culture of violence that we face in Scotland. I can assure the member that the Scottish Prison Service is continually looking to beef up provision to ensure that we deal with offenders' needs and wants, which may involve not simply drug or alcohol addiction but the learning difficulties or disadvantages that they have when they come into prison. Equally, we need to deal with challenging behaviour, which can sometimes be due to personality disorders or other matters.

On Marlyn Glen's point, the position at Cornton Vale is frankly quite shameful. We know that many of the women come in with a mental health problem or a drug or alcohol addiction. Many of them have been victims of abuse in their own lives and have suffered a lack of educational attainment for a variety of reasons. Such matters are not simply a criminal justice problem but a social problem. We need to recognise that prison should be for those who commit serious offences or who are a danger to our communities. We should not continue to lock up people who would be better dealt with by having their alcohol or drug addiction treated in the community or by paying back the harm that they have done through the sweat of their brow.

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Polmont Young Offenders Institution

To some extent, this question continues the theme of question 9.

To ask the Scottish Executive what action it is taking to deal with overcrowding at Polmont young offenders institution. (S3O-6048)

I understand from the Scottish Prison Service's chief executive, Mike Ewart, that the redevelopment of HMYOI Polmont includes the provision of a new residential unit, which is currently under construction and is due for completion in September 2009. Once opened, the new unit will provide an additional 137 prisoner places, which will increase the design capacity of that establishment to 760 prisoner places.

That is welcome news, but is the cabinet secretary aware that 83 per cent of inmates in Polmont have been there before? Against that background, does he accept that the continued overcrowding, even under the new arrangements, handicaps the attempts to deal with the reasons why young men end up in Polmont in the first place? Will he make every effort to ensure that resource is put in place in Polmont to tackle the wider issues that the previous question touched on?

Absolutely—that is a valid point. There has been a substantial rise in numbers in Polmont, and the member is correct to say that that is due in many instances to the same offenders repeatedly going in and out of the institution. Some go in for a long time and then move on to the adult establishment, but far too many other youngsters go in for short sentences, after which they come out probably having learned more about criminality than they knew before they went in. That is why we have to make changes.

We face a specific problem with regard to the numbers of young men who are remanded. First, we know that almost 50 per cent of those who are remanded pending trial—it might be slightly more—do not get a custodial sentence. That is not to say that remand is not appropriate in some instances, but it is clear that there is some dislocation. We need to ensure that, for example, we have supervised bail facilities to ensure that, in the main, only those who need be remanded are remanded and that those who are remanded are there because they will in all likelihood face a custodial sentence.

As members know, we still face a problem in Scotland in the possession and use of knives, and we must remain vigilant on that. Tackling the knife culture does not come cost free. As the Solicitor General for Scotland has made clear, young men who carry weapons will not be dealt with under the summary justice reforms and through accelerated procedure. Because of that specific problem, we will ensure that the problems that there are in Polmont and elsewhere are faced. Prisons should be for those who need to be there, and not to give people free bed and board for three weeks or three months.

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Rural Affairs and the Environment

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Flood Prevention

To ask the Scottish Executive whether it will guarantee funding for local authorities to carry out flood prevention work in line with recommendation 36 of the Rural Affairs and Environment Committee's stage 1 report on the Flood Risk Management (Scotland) Bill. (S3O-6021)

The Convention of Scottish Local Authorities and the Scottish Government are together reviewing the distribution of resources to local government. The review will include former ring-fenced capital funding for flood prevention and coast protection, which is now rolled up as part of the local government finance settlement. It will inform the next three-year local government finance settlement in 2011 to 2012.

I am pleased to ask my question first, as it offers me the chance to congratulate Roseanna Cunningham on her elevation to whatever it is that she has been elevated to—ministerial office.

It is clear that she has been busy, because there is a torrent of amendments to the Flood Risk Management (Scotland) Bill in today's Business Bulletin. However, a key amendment is missing—specifically, the one that I asked about. She will recall that the committee said that it wants the Scottish Government to reconsider the committee's inquiry recommendation that targeted funding be provided to local authorities. I take it from her answer that she has not forgotten her principles in favour of a ministerial Mondeo. It is down to her influence that the Government is now reconsidering its position. Can she confirm that?

As David Whitton knows, there is a deal of difference between the role of committees and the role of Government. I do not want to subject him to a politics 101 lecture about the requirements of parliamentary scrutiny. In my previous role, I carried out my function regardless of Government; I am now in a different role, and I am looking at the issue with fresh eyes. The spending review will examine the funding for local government flood defences, and I have every confidence that the money that is needed will be there.

I congratulate the minister on her promotion.

On 19 December last year, Inverclyde was severely affected by flooding and, as a consequence, a local councillor and I met representatives from Scottish Water and the Scottish Environment Protection Agency to try to find out who was responsible for the waterways in the area and to find solutions to resolve the matter.

What discussions have taken place between the minister's officials and Inverclyde Council about flooding, and in particular about the implications of the Flood Risk Management (Scotland) Bill? Will she accept my invitation, as per my earlier correspondence, to come to Inverclyde and see for herself some of the areas that are regularly devastated when there is inclement weather?

I feel the pressures on the diary already, but I am happy to give that commitment to Stuart McMillan if I am able to find the time to get to Inverclyde.

Inverclyde Council does not have a current flood prevention scheme and it is therefore not included in current spending. The council produced a report in 2007 and copied it to the Scottish ministers for information, but the last funding that it received was for a small scheme in 2001. If councils find themselves in situations similar to Inverclyde's and they intend to try to develop schemes, I urge them to do so in early course. I hope that Stuart McMillan will transmit that to Inverclyde Council.

Question 2 was not lodged.

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Hill Farms (Livestock)

To ask the Scottish Executive what is being done to reverse the decline in livestock numbers on Scotland's hills. (S3O-5964)

Livestock farming in the hills is supported by single farm payments worth more than £200 million annually, by less favoured area payments worth £61 million annually, and by other measures, such as the Scottish beef calf scheme, which is worth £18 million annually. We do, of course, recognise the challenges presented by the current decline in livestock recorded on Scotland's hills and in remote areas.

In the past 10 years, the national sheep flock has reduced by 23 per cent and the beef breeding herd by 12 per cent. Last week, the Crofters Commission stated that there is a real risk that the whole industry could collapse in certain parts of Scotland, namely north-west Sutherland, the western isles, Skye and, more recently, Argyll.

Given that insufficient numbers of people are entering farming in Scotland's hill and upland areas—notwithstanding the new entrants—what other plans does the minister have to encourage younger generations not only to come into farming but to stay in it?

I largely agree with the member's analysis of the situation on Scotland's hills. The best way to attract new people into agriculture is to ensure that we have a sustainable and profitable industry in Scotland. I hope that the vision for agriculture outlined by the Scottish Government will help to deliver that in the years ahead.

As regards the immediate action that we are taking on this serious issue, 2009 is an important year for reviewing some of the support mechanisms for agriculture in Scotland, particularly direct support, large chunks of which come from Europe. We will be reviewing less favoured area payments, how we implement the common agricultural policy health check in Scotland and how we use the flexibility within it. I assure the member and Parliament that the future of our hills will be central to those reviews as well as to the on-going review of the Scottish rural development programme.

Falling stock levels means additional stress on the infrastructure of industries such as hauliers and marts. Once it reaches a tipping point, it will be difficult to restart that infrastructure and, without it, the industry cannot survive. What work has the cabinet secretary carried out to gauge how close we are to that tipping point and what action is being taken to support that infrastructure?

I hope that 2009 will offer an opportunity to stabilise livestock numbers on our hills. We have seen a steady decline over the previous 10 years, as I think Mary Scanlon said, and even beyond that. That decline was accelerated when direct support was decoupled from production in 2003.

I refer the member to my previous answer, in which I mentioned reviews of some of the schemes and how we can use them to look at how we make hill farming more sustainable. The member makes a very important point about the wider infrastructure that depends on livestock farming on hills and in our more remote areas. It is not just about the farmers rearing livestock; it is about the hauliers, the abattoirs and the wider infrastructure. I am confident that we can put in place measures to begin to stabilise the situation this year and beyond. It might not be easy, but it must be our aim.

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Chlorofluorocarbons and Hydrofluorocarbons (Demolished Buildings)

To ask the Scottish Executive what quantity of chlorofluorocarbons and hydrofluorocarbons was contained in buildings demolished in the last year. (S3O-5981)

That information is not held by the Scottish Government.

I hope that the minister is aware of concerns that a massive amount of those environmentally damaging materials is being disposed of illegally and is therefore contributing adversely to climate change.

In view of that, and her willingness to bring fresh eyes to the issues for which she now has responsibility, will she consider alterations to the Climate Change (Scotland) Bill to recognise CFCs and HFCs as greenhouse gases or will she use the bill to place duties on the Scottish Environment Protection Agency to better monitor and enforce European Union regulations in this field?

We are aware of the problem. A considerable problem was identified at the Chunghwa demolition, where work was stopped by SEPA. We can at least have confidence that SEPA is on top of the problem when it arises, which is on demolition. Throughout the decades we have built buildings that are full of ozone-depleting substances, but it is only on demolition that the problem becomes manifest.

Ozone-depleting substances are not currently included in the climate change targets because they are covered by international agreement, through the Montreal protocol. In addition, considerable European and domestic regulations apply throughout the United Kingdom.

SEPA has published a briefing note that has been made available to the demolition industry. As I said, SEPA is already playing a direct part in the issues that are raised by the kind of thing that has happened with the demolition of Chunghwa.

If the member wishes to speak to me on the issue in more detail, I would be glad to have a conversation with her.

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Packaging (Supermarkets)

To ask the Scottish Government when it will next meet representatives of supermarkets to discuss reducing unnecessary packaging on products. (S3O-6042)

The First Minister and I hosted a summit with supermarket leaders last autumn, when we encouraged urgent action to reduce unnecessary packaging. That work is being carried forward by the zero waste retailers group, with my officials in attendance. The group last met on 27 January and will meet again at least twice in 2009. At its next meeting, I expect it to focus on carrier bag use—where we are looking for a 50 per cent reduction by next year—and on reducing the amount of unrecycled packaging.

What initiatives does the Scottish Government have to encourage people to do more to recycle packaging?

The Scottish Government funds the delivery body Waste Aware Scotland, which has various campaigns to engage the public on that issue.

Engaging the retailers is an important dimension of the debate, and the zero waste retailers group is now up and running. We are developing a new relationship with retailers in Scotland to try to ensure that such issues are at the top of their agenda. One of the provisions on waste in the Climate Change (Scotland) Bill is the proposal to set targets for reducing and addressing packaging in Scotland.

I know that there is widespread desire both in the Parliament and outwith it to put the issue of packaging much higher up the recycling and environmental agenda. We are determined to do that and we will ensure that the resources are made available for the relevant campaigns.

Are ministers aware of the consequences in Ireland of the introduction of its plastic carrier bag tax? It has resulted in significant increases in the use of other packaging, especially for food, and an increase in sales of plastic bags of other types, such as bin liners, nappy sacks and dog excrement bags. I apologise for bringing such items to the attention of members.

Will the minister bear that in mind when considering whether to proceed with the section of the Climate Change (Scotland) Bill that would enable ministers to introduce a similar tax in Scotland?

Yes, we certainly shall bear those points in mind when we are considering whether to use that provision, should Parliament endorse it.

One of the key reasons why the provision was included in the bill is because a similar provision was included in the UK Climate Change Bill. I am sure that members would agree that it is much more appropriate for the Scottish Government to decide when, if at all, such a provision should be exercised.

As we have said time and again, our preference is to go down the voluntary route. The initial indication is that the retailers are achieving some of the targets that have been agreed with Government. For instance, members may be aware that retailers achieved the 2008 target of stopping the overall growth in packaging. They have also achieved the target of reducing the use of carrier bags. Voluntary action is our preferred route, and we will see how it goes.

Question 6 has been withdrawn.

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Flooding (Coastal Areas)

To ask the Scottish Government whether it considers that Scottish Environment Protection Agency maps of coastal flood risk areas should specify the sea level changes on which the flooding models are based. (S3O-6047)

Under our Flood Risk Management (Scotland) Bill, SEPA will be required to take the impacts of climate change into account in preparing the flood risk assessments. At this stage, it is too early to say that the flood hazard maps would be based on modelling of sea level changes. This is a very complex technical issue and there is a degree of scientific uncertainty. The need for further specific flood risk research on this issue will be informed by the latest United Kingdom climate impacts projections, due to be published later this year. We will be consulting closely with SEPA on this matter.

I thank the minister for her answer and, while I am on my feet, I congratulate her on her appointment.

Yesterday in Geneva, a report based on two years of research by scientists from 60 countries was released. It stated that the melting ice in Antarctica is much more widespread than previously thought, and that the rise in sea levels may be as much as 3ft to 5ft by the end of this century. In light of that, will the Scottish Government consider taking further action, either through the legislation presently being considered on flooding, or through planning legislation, to discourage significant developments below, say, 1m above sea level in coastal areas?

I congratulate Bill Wilson on his assiduous following-up of this issue. From my previous incarnation on the Rural Affairs and Environment Committee I know that the issue is of particular concern to him. I see that I will not be allowed to escape it in my new role.

Current projections are based on figures from 2002, which came from the UK climate impacts programme. However, those data did not include information on storm surges, wave action or tidal range, and that is the basis of the scientific uncertainty. Recent research suggests that the current projections may be minimum estimates. Clearly, Governments around the world will have to consider how that will impact on their plans.

I guarantee Bill Wilson that we will continue to engage at UK level to consider the impact of new projections that may become available towards the end of this year. At that time, we will be in a better position to decide whether or not we should ban building below a certain level around our coasts.

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Fife Coastal Path

I welcome Roseanna Cunningham to her new post.

To ask the Scottish Executive what funding it is making available to support and maintain Fife's coastal paths. (S3O-6002)

Access authorities throughout Scotland have been provided with powers under the Land Reform (Scotland) Act 2003 to do whatever they consider appropriate for the purposes of supporting or maintaining paths in their areas. Each authority must develop access opportunities and make funds available as it sees fit and in accordance with the terms of their single outcome agreements.

Fife's coastal paths are vital to our tourism industry—particularly so in the present economic climate. To maintain the areas in my constituency and across Fife that are susceptible to coastal erosion, on-going funding is crucial. Will the minister assure me that the problem will be considered and that funding will be available to local government so that it can continue the work and monitoring that have been taking place?

The member may be aware of my keen interest in long-distance footpaths. I am familiar with the Fife coastal path and its development; and I am familiar with a number of Scotland's other long-distance footpaths, existing and proposed. I hope that all local authorities are considering carefully the funding that they can make available to ensure that such developments proceed apace. Quite apart from any other considerations, that will be vital for the future of tourism in Scotland.

I intend to holiday in Scotland this year, and walking the Fife coastal path is one plan that I am considering. Perhaps Marilyn Livingstone and I can have a conversation about that later.

Question 9. I call Richard Baker. [Interruption.] This is the second time today that a member has not been present in the chamber to ask their question. That constitutes a discourtesy to other members, because members who want to ask supplementaries are unable to do so if the member is not here to ask the original question.

I apologise to Jim Hume, but I must move on to the next item of business, which is heavily oversubscribed.