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Chamber and committees

Plenary, 26 Mar 2009

Meeting date: Thursday, March 26, 2009


Contents


Question Time


SCOTTISH EXECUTIVE


Rural Affairs and Environment


Agricultural Production

To ask the Scottish Executive, in light of the recently published December 2008 survey of agriculture, what action it will take to halt the decline of agricultural production. (S3O-6366)

The Cabinet Secretary for Rural Affairs and the Environment (Richard Lochhead):

The statistics illustrate a long-term global trend and put into perspective the challenges that face one of Scotland's most important industries. The Scottish Government provides agriculture with more than £500 million annually in direct support. In response to suggestions from stakeholders, we are considering other ways of helping, such as seeking to identify ways of strengthening the link between those payments and active farming.

John Scott:

The minister will be aware of increasing concern that the critical mass of the livestock sector is reducing to such low levels as to threaten the future of our abattoir sector, our haulage industry and other ancillary suppliers and processors. Our dairy industry in Ayrshire and our pig industry in the north-east have been particularly affected. Will he suggest how those industries should plan for the future? Is he considering, through the Scotland rural development programme, ways of helping to secure the future of those sectors and other parts of the food-producing industry?

Richard Lochhead:

The member makes an important point. Part of the debate is about critical mass. The jobs concerned are those not just of farmers in fields and livestock farmers, but of many others in related sectors, such as haulage and abattoirs. It is important to bear that in mind when we discuss the future of those sectors.

My message to livestock farmers in Scotland is that they must take decisions in line with the commercial environment in which they operate, first and foremost. We as a Government—and, I am sure, the member, his party and other members—believe that the livestock sector in Scotland needs a vibrant long-term future, especially given the need for food security, which is an issue not just for this country, but globally. Our farmers are of course at the heart of food production in Scotland.

We will continue to look for ways to address a trend that is global but which has an impact on Scotland. We will consider what we in Scotland can do at least—I hope—to stabilise livestock numbers. As the trend has been long term in recent years, there is no overnight solution. We want to work with other parties, our stakeholders and wider rural communities to ensure the best possible future for the livestock sector.

Alasdair Allan (Western Isles) (SNP):

As the minister knows, productivity in the most marginal part of Scotland's agricultural sector—crofting—faces an enormous practical challenge from European proposals for the electronic tagging of sheep. What is the Scottish Government doing to ensure that those proposals do not make crofting impractical altogether in the view of many crofters?

Richard Lochhead:

I read in today's press that some lambs are fetching up to £100, so—thankfully—prices in the sheep sector seem to have improved in recent months because of increased exports and other factors. That is some good news for the livestock sector.

The member raises a potential threat to sheep production in Scotland—the regulations that propose to introduce individual tagging of sheep and electronic identification as part of that. Only this week, I met the commissioner in Brussels who has responsibility for those regulations to discuss the severe impact that they will have on Scotland's sheep sector. It is clear that the management challenges for sheep farmers and the costs will far outweigh any potential benefit of traceability, which is the supposed aim. I am pleased that in her meeting with me and at the subsequent council of ministers meeting, the commissioner said that she recognises Scotland's problems—other countries also have such problems—and that she is willing to look for flexibility, which we hope to obtain. In the meantime, we must keep up the argument and the fight against the regulations.

Rhoda Grant (Highlands and Islands) (Lab):

I welcome the cabinet secretary's comments about sheep identification tagging.

I will ask about an issue over which he might have more control: fallen stock. Free collection has ended and, although islands have a derogation, people in remote crofting counties must pay for fallen stock to be uplifted. Through the rural development programme, will he allow for funding for that purpose that is provided not competitively but in a straightforward and easily accessible way?

Richard Lochhead:

Rhoda Grant highlights an important issue. I met the NFU Scotland in January to discuss it. Last year, we also negotiated some transitional funding to help with the impact that the changes that have taken place within the National Fallen Stock Company will have on livestock keepers in Scotland. She is right that the end of free collection is a potential extra burden for many producers in Scotland. I am in dialogue with various representative groups about how we could assist, but we do not have a solution yet. Our farming communities make many demands on the SRDP and other funding mechanisms, but we are keen to continue the dialogue with them to understand as much as possible the potential impact on producers and determine what we can do to help.


Environmental Improvement Projects

To ask the Scottish Executive what support is available to individuals and community groups to undertake targeted environmental improvement projects in their local areas. (S3O-6449)

The Minister for Environment (Roseanna Cunningham):

Support for individuals and communities to undertake local environmental improvement projects is available from a variety of sources. Direct Scottish Government funding streams include the climate challenge fund, increase III, which supports community-based waste projects, and the Scottish community and householder renewables initiative. Support is also available from local authorities and organisations such as Scottish Natural Heritage.

Mike Pringle:

The minister may be aware of the success of the recent Nicholson Street corridor week of action in Edinburgh. That joint venture by Lothian and Borders Police, the City of Edinburgh Council, Lothian and Borders Fire and Rescue Service and local community groups has significantly improved the local environment. Initiatives such as the do a little, change a lot campaign, which was initiated by the previous Executive, have also highlighted how lots of small projects and actions taken by many individuals can make a big difference. With those successes in mind, will the Government commit to using the Climate Change (Scotland) Bill to foster greater engagement with individuals, households, communities and businesses that want to do their bit to improve their local environment and tackle climate change?

Roseanna Cunningham:

I thank Mike Pringle for raising the issue. I am aware of the initiative that he talks about. Indeed, a number of other initiatives in his constituency are currently being funded—Marchmont St Giles church wildlife garden to name but one.

It is important that local organisations understand that there are a variety of different sources of funding. For example, there has been a tendency to think that, because increase III is about waste, the climate challenge fund cannot also be applied to for the same purposes. It is important for people to understand that there is a broad range of funding streams.

I am not sure that the Climate Change (Scotland) Bill is an appropriate vehicle to take that forward, as a legislative burden is not necessarily the way to do it. It would be much better if local organisations explored all the options that are available. If Mike Pringle wishes to speak to me about some of the options of which he may not be aware, I would be only too happy to point him in their direction.

Sarah Boyack (Edinburgh Central) (Lab):

I took part in my constituency in the spring clean that Mike Pringle mentioned—it is a long corridor. One of the key issues that many members of the public raised was the difficulty of getting ready access to information for new environmental projects. The project that we were considering would be around Holyrood park down to the Dumbiedykes. Would the minister consider publishing an EasyRead document for communities so they do not need to be experts or consultants to work out where to go for the variety of grant funding that is available?

Roseanna Cunningham:

Yes—and I hope that all MSPs will take part in the national spring clean, as I intend to do myself.

Sarah Boyack raises an important issue. My department is already considering it, because it is clear that there is some confusion about what money can be applied for and where people can go for support. It is important that funding is easily accessible for all small groups in all communities.


National Spring Clean

To ask the Scottish Government what support it intends to give to the Keep Scotland Beautiful national spring clean campaign. (S3O-6436)

The Scottish Government provides annual core funding to Keep Scotland Beautiful. In the year of homecoming, we aim to make the national spring clean the most successful yet and have provided an additional £115,000 to KSB.

A number of clean-up events are planned in my constituency. How does the Scottish Government intend to encourage volunteer participation in such events?

Richard Lochhead:

I am delighted to hear that Gil Paterson and people in his communities will be participating in the national spring clean. During the previous question other members also indicated that they are enthusiastically behind the campaign.

More than 28,000 people have already signed up to take part in the campaign, and I urge MSPs across the chamber to broadcast the fact that, simply by going to the Keep Scotland Beautiful website, people can sign up to become volunteers and can get more information on how to take part. The campaign is becoming very successful; it is clear that people are volunteering the length and breadth of Scotland. A lot of effort has been put in by Keep Scotland Beautiful and by MSPs to broadcast the fact that even more volunteers are needed.


Farming (Scottish Borders)

To ask the Scottish Executive what it is doing to support farming in the Scottish Borders. (S3O-6361)

The Cabinet Secretary for Rural Affairs and the Environment (Richard Lochhead):

For 2007, the latest year for which full figures are available, the Scottish Government paid out £60,759,000 across all farm support schemes in the Borders, for 1,824 claimants. That is an average of £33,310 per claimant. Under the rural priorities scheme, in 2008 we approved more than £5 million of support for projects in the Borders.

John Lamont:

The cabinet secretary will know that many young people are considering a career in farming but are struggling to find a way into the industry. Can the cabinet secretary tell me what measures the Government is taking to support agricultural apprenticeships in the Scottish Borders?

Richard Lochhead:

I would be happy to look into the specific issue of apprenticeships in the Scottish Borders, because I do not have any statistics to hand.

We are very keen to encourage apprenticeships. I recently spoke at the annual dinner of Lantra, which is involved in rolling out all kinds of programmes and training opportunities for young people in land-based sectors throughout Scotland. I was absolutely delighted to meet some really enthusiastic and impressive young people who have chosen to get into careers in land-based industries. I was taken aback by how impressive and enthusiastic they were.

A lot of good work is going on. I will certainly look into the situation in the Borders to ensure that the area is getting its fair share. The industry needs life-blood for its future, so we need to look for new ways of encouraging young people to come into agriculture and other land-based sectors.

Jeremy Purvis (Tweeddale, Ettrick and Lauderdale) (LD):

The cabinet secretary will know that a number of concerns have arisen in relation to the size of SRDP awards, for small farms in particular. One farmer e-mailed me this morning to say that the application process is akin to a consultants charter because of the uncertainties that surround it. Will the cabinet secretary ensure that the review that he is undertaking of the SRDP will address the concerns of small farms and hill farms, as well as the bureaucracy involved in making applications?

Richard Lochhead:

I recognise the phrase "consultants charter"; I recall that it was applied to the previous rural development programme as well. However, we have taken some steps to address that.

I acknowledge the importance of this issue. We are taking the points that the member raises into account as part of our short review of the SRDP. We should not forget that a bigger review will take place next year, as is required under the legislation.

I will be happy to send details to the member, but I think that I am correct in saying that, in many cases, fewer consultants are being used for applications than were used in the previous scheme. I will send a note to the member about that.

When people are applying for £10,000 or £50,000, or even several hundred thousand pounds, of public money for their business, it is only right that the Government and the application bodies should ask them to put together a business plan to justify receiving such an amount of public money. In many cases, it is perfectly appropriate that people should hire consultants as part of that work. We should not get into the game of making criticisms any time that consultants are required to put together complicated applications for large sums of public money. After all, such applications have to be justified.


NFU Scotland (Meetings)

To ask the Scottish Executive what recent meetings ministers have had with representatives of NFU Scotland. (S3O-6405)

The Cabinet Secretary for Rural Affairs and the Environment (Richard Lochhead):

I regularly meet NFUS national representatives, most recently at this week's European Union agriculture and fisheries council in Brussels. Moreover, on 20 February, I attended and spoke to the NFUS council meeting in Aviemore, and I meet NFUS local representatives throughout Scotland in the course of my duties.

Mary Mulligan:

The cabinet secretary will be very aware of the many concerns that have been expressed about milk production. Previously, he agreed with my colleague Sarah Boyack's proposal for a milk summit to discuss related issues. Did he discuss that proposal when he met NFUS representatives and can he say when the summit might happen?

Richard Lochhead:

The Government certainly shares Mary Mulligan's concerns about the important issue of the future of Scotland's dairy sector, which is under severe pressure at the moment. The issues that affect that important sector are often discussed with the NFUS and other agricultural organisations; indeed, over the past few weeks and months, I have met representatives from many sectors that play a specific role in the dairy sector to discuss its future.

As for the dairy summit that I undertook to pursue in response to suggestions from Sarah Boyack and other members, we are still working on it. Unfortunately, I cannot snap my fingers and demand that representatives from every part of the retail chain get round the table when I want them to. However, I assure Mary Mulligan that we are pursuing the proposal and that we will keep her, Sarah Boyack and other members with an interest in the issue up to date with developments.

I point out that, in the meantime, my colleague Roseanna Cunningham has chaired a meeting of the retailers forum, which, as members will recall, is an innovation of this Government. Ms Cunningham used that opportunity to raise directly with retailers the concerns of the industry, the Government and the Parliament about the future of Scotland's dairy sector. We will continue to look for other such opportunities, including having some form of summit as soon as possible.

Question 6 was not lodged.


Biomass Energy Industry

To ask the Scottish Executive, in light of the 2008 wood fuel demand and usage data published by Forestry Commission Scotland, whether it considers that the biomass energy industry is sustainable. (S3O-6365)

The Minister for Environment (Roseanna Cunningham):

Sustainability is at the heart of the Government's forestry and renewable energy policies. Last year, the wood fuel task force reported on the potential additional woody material that could be sustainably produced from a range of sources and demonstrated that there is still scope for considerable expansion of the current market. Biomass is clearly a finite resource, but we are working to ensure that standards for sustainable production are in place. The Scottish Government is liaising with the United Kingdom Government to support the development of European Union sustainability criteria.

Nanette Milne:

As the minister will be aware, the 2006 report by John Clegg Consulting on wood availability and demand from the biomass energy sector in Scotland and northern England forecast that demand for wood would outstrip supply from 2008. Given that incentives for energy recovery from biomass have put greater pressure on existing forest industries, such as Scotland's wood panel industry, will the minister support specific incentives to encourage energy recovery from underutilised forest materials and contaminated waste wood for which there is no market? Such a move would mobilise a large source of renewable fuel while at the same time helping to reduce landfill and protect existing industries.

Roseanna Cunningham:

The member will be pleased to hear that some of that work is already being undertaken. There is no doubt that demand for wood fuel is increasing and that, although the scope for new, very large plants is perhaps limited, huge opportunities are still available. It is absolutely the case that a wider range of materials, including waste biomass or imported fibre, will have to be used.

The wood fuel task force has already identified significant additional sources of woody biomass that, if brought to market, will allow the biomass energy industry to develop alongside the existing wood processing sector. As the member has suggested, that will include the use of stumps, branches and other such material.

Members should realise that these issues are being addressed monthly by a number of different groups. We are very aware of the industry's concerns and are trying to address them.


Agricultural Regulations

To ask the Scottish Executive how many agricultural regulations it has removed since 2007. (S3O-6372)

The Cabinet Secretary for Rural Affairs and the Environment (Richard Lochhead):

Since 2007, 47 Scottish statutory instruments have been revoked and replaced by 26 new instruments in order to reflect the updating and consolidation of existing legislation to ensure compliance with European legislation.

Other Government initiatives have helped to reduce the burden of regulation on farmers. For example, by October 2009 we will have cut the number of farm inspections by 2,000. We have also reduced the number of questions on the June annual census form by 70.

Gavin Brown:

Given the good start made by Scotland's environmental and rural services partnership on reducing duplicate inspections and so on, will the cabinet secretary consider incorporating other agencies—for example, local authority trading standards activities—into the SEARS partnership in order to reduce costs and duplication further still? That would be of enormous benefit to our farmers.

Richard Lochhead:

I assure Gavin Brown that we are discussing that with partners in SEARS. Some of the agencies that he mentioned are not formally members of SEARS, but I assure him that we are certainly discussing how we can take that general theme forward. Given that SEARS has been very successful, we want to take the partnership to another level. We believe that there is widespread support for that, as is evident from the member's question.


Justice and Law Officers


Unlicensed Taxis (Assaults)

To ask the Scottish Government how many incidents of assault in the last year involved unlicensed taxis or private hire cars illegally picking up passengers. (S3O-6437)

The Cabinet Secretary for Justice (Kenny MacAskill):

We do not collect information on the circumstances that lead to an offence being committed. However, we are determined to stamp out criminality in the taxi and private hire industry. Regulations are currently before Parliament on the licensing of taxi and private hire car booking offices. Those measures will both act as a deterrent to unlawful activity and send a clear message that there is no room in the taxi industry for those who want to use it as a front for illegal activities.

Shirley-Anne Somerville:

I welcome the Government's work on the issue to date, but I draw the cabinet secretary's attention to the four sexual assaults that we know about that have taken place in Edinburgh recently as a result of bogus taxis picking up passengers. That is a known problem in Edinburgh, where private hire cars—which are far less recognisable than black cabs—illegally ply for trade in busy city centre streets.

I welcome the City of Edinburgh Council's proposals to increase the signage on private hire cars to make it clear that they must be privately booked, but I recognise that, on a cold night, most people are more interested in getting home than in the nature of the vehicle. Will the cabinet secretary work with the police in Edinburgh and throughout Scotland to consider whether the police need to crack down on the issue by targeting specific city centre areas where illegal pick-ups are known to be a problem and by ensuring that the licensing regulations, which protect the safety of our public, are enforced?

Kenny MacAskill:

I thank Shirley-Anne Somerville for raising the issue. The matter was also raised in the recent discussions that local MSPs had with the chief constable of Lothian and Borders Police down at Fettes Avenue, so she will be aware that the police are on the case.

Clearly, improvements are required in how we obtain information on those who come into the country and then apply to become a private hire or black cab taxi driver, but such enforcement matters are not so much for the police as for those who regulate the industry. However, Shirley-Anne Somerville should realise that the Government is happy to work with the City of Edinburgh Council and the police to ensure that all appropriate steps are taken to secure the safety of travellers. Clearly, as she mentioned, there have been some nasty incidents recently, so we need to ensure that we retain the good name of the well-regulated taxi network that exists in the city.


Strathclyde Police (Meetings)

To ask the Scottish Executive what recent meetings it has had with the chief constable of Strathclyde Police. (S3O-6385)

The Cabinet Secretary for Justice (Kenny MacAskill):

I am due to meet Chief Constable Stephen House tomorrow afternoon. I last met him on 19 January at a meeting of the serious organised crime task force, at which we discussed a number of issues including co-ordinated operations by the eight Scottish police forces against serious organised crime. Such operations resulted in the arrest of 473 people between September and December 2008, the seizure of drugs worth nearly £13 million and the seizure of 42 firearms.

Patricia Ferguson:

When the cabinet secretary meets the chief constable tomorrow and the issue of drugs comes up—as it no doubt will—will he discuss with the chief constable the problem that arises when landlords attempt to evict tenants because of a conviction for drug dealing? As the cabinet secretary will know, it can take six months to obtain a conviction for drug dealing but the landlord must then raise a separate action for eviction, which can take a further six months to come to court. That time lag causes understandable frustration and fear in communities. Will he undertake to meet me to discuss ways in which the eviction process can be accelerated to help protect the constituency and communities that I represent?

Kenny MacAskill:

The member makes a valid point. Communities are blighted by those who deal drugs. It is important that, through the police and the prosecution system, the court ensures that justice prevails.

The issue has a knock-on social effect on housing, and the question is whether that is best dealt with by me, as the Cabinet Secretary for Justice, or whether it would more appropriate for it to be dealt with by the Minister for Housing and Communities, because some of it falls not so much within the justice portfolio as within the housing portfolio.

I am more than happy to consider any proposals that the member may have. Whether we are talking about evictions from private and public sector tenancies or closure orders, we have to ensure that our communities are protected from those who peddle drugs and that those who do so are dealt with through formal prosecution or through other methods, such as eviction.


Young Offenders Institutions

3. Jim Tolson (Dunfermline West) (LD):

I begin by offering the Presiding Officer and members an apology. I have been asked to take part in a panel debate at 2.45 this afternoon and will have to leave immediately after I ask my question.

To ask the Scottish Executive what action it plans to take to overcome the long-term problem of overcrowding in young offenders institutions. (S3O-6456)

The Cabinet Secretary for Justice (Kenny MacAskill):

Polmont young offenders institution will open a new hall that is designed to hold 136 young offenders in around September this year. That will ease the current overcrowding in Polmont. In the longer term, the Government's plans for a coherent penal policy, making use of community payback, will reduce pressure across the prison system.

Jim Tolson:

I welcome any progress by the Government, but recent answers to parliamentary questions from my colleague Robert Brown reveal that Darroch hall at Greenock and Friarton hall at Perth have been operating at well above safe limits for the past 14 months. Half of Scotland's young offenders institutions have been seriously overcrowded for more than a year, and 85 per cent of young offenders serving time in Scotland's prisons have previous convictions. Tackling overcrowding is the key to ending that revolving-door policy. Will the justice secretary ensure that tackling prison overcrowding, particularly in young offenders institutions, becomes a priority?

Kenny MacAskill:

I assure the member that it is already a priority, which is why we are investing £120 million per annum in the prison estate. We have opened Addiewell prison; the planning proposals for HMP Grampian and HMP Bishopbriggs are under way; and we are preparing the ground for new prisons in Inverclyde and the Highlands. The prison estate pressures are being addressed as a matter of urgency.

Willie Coffey (Kilmarnock and Loudoun) (SNP):

I am sure that the cabinet secretary is well aware of the benefits for tackling reoffending of maintaining, as far as possible, the community links between families and offenders. Will he outline any plans the Scottish Government may have to make further progress on that, and to allow more offenders to serve their sentences locally?

Kenny MacAskill:

We are working with community justice authorities on that. I met, in Irvine, Jackie Clinton and Peter McNamara from the CJA in the area. It is clear that we have to ensure that offenders retain links with their families and that, wherever possible, those who have not committed a serious offence or who are not dangerous are not detained. We are seeking to have community payback as opposed to free bed and board. That is the Government's direction of travel. We want to ensure that those who offend against our communities pay back for the harm that they have done. When they are dangerous or have committed a serious offence and no other sentence is due, off to prison they will go. With regard to the others, it is time that they did some hard work and were not given free bed and board at the taxpayer's expense.


Community Service Orders

To ask the Scottish Executive what action it is taking to ensure that offenders begin community service orders within seven days. (S3O-6450)

The Cabinet Secretary for Justice (Kenny MacAskill):

We are committed to improving the timescales for the start of orders so that offenders understand that crime will be speedily punished. The intention is that offenders who are the subject of a community service order should start their work placements within seven working days. To assist local authorities to reorganise service provision to meet those much tighter timescales, we have provided an additional £1 million to community justice authorities in 2009-10. Following extensive consultation with the Association of Directors of Social Work, we issued revised guidance on the operation of community service schemes at the end of February. That is being followed up by a series of staff training events over the coming weeks.

Jeremy Purvis:

The cabinet secretary will be aware that the area that I represent in the Borders has a low number of community service order disposals. There may be a number of reasons why sheriffs take such decisions, but it is critical to the Government's policy of reducing the number of short-term prison sentences that community service orders and other restorative community disposals are not only used but effective. What is the Government's ambition for reducing the number of such prison sentences, and for increasing the number of community service order disposals in areas such as the Borders?

Kenny MacAskill:

We recognise the fact that rural areas—not just in the Borders, but in the north as well—have specific problems. That takes us back to the point that I made to Mr Coffey. We want to see community payback, which was proposed by the McLeish commission, as opposed to the free bed-and-board culture that has existed at the taxpayer's expense for far too long. We must work with the community justice authorities and social work departments to ensure that we have the appropriate resources and facilities.

The issue of speed in dealing with offenders is partly an attitudinal matter. I remember Lesley Riddoch on the McLeish commission challenging the practice by which someone who was given a custodial sentence was immediately sent down to the cells, whereas someone who was otherwise dispatched was dealt with in due course by the social work department. An attitudinal change had to be made. For 20 years as a defence agent, I never challenged that system; it was accepted as the orthodoxy.

It has been made clear in Liverpool and in New York—as Bill Aitken often says—that justice should take place as quickly as possible. Whether someone gets a custodial sentence or a community sentence, we must ensure that we provide a fair, fast and flexible response, and that is where the Government is heading.

Bill Aitken (Glasgow) (Con):

The cabinet secretary correctly identified my interest in the example of New York. Does he agree that the system that operates there, which has an immediacy that we simply cannot replicate, is the way forward, bearing in mind its success rate in cutting summary offences and in ensuring that community service is actually done—an accusation that could not be often levelled here?

Kenny MacAskill:

As I said to Mr Purvis, that is the Government's intention. The matter was raised by the McLeish commission, and we are delivering both through "Protecting Scotland's Communities: Fair, Fast and Flexible Justice" and by putting in additional resources.

I am more than happy to send Mr Aitken an article that I read recently in The New York Times, which says that the United States now has 7.3 million people in prison, on parole or on probation. The US has recognised that continually locking people up does not work. Even Governor Schwarzenegger, who has a Republican ethos, is seeking to reduce expenditure and ensure that investment is made in tackling the root causes, whether they are drug related or whatever. There is something absurd in the fact that, although the state of California has the fifth largest economy in the world, its second largest item of expenditure is corrections.

Richard Baker (North East Scotland) (Lab):

If ministers believe that it is important that community sentences are served quickly, why were they unable to tell me, in parliamentary answers, how long offenders are waiting to serve their community sentences? It was found through freedom of information requests that the figure for offenders who begin to serve such sentences within seven days is appallingly low. Surely ministers need to know that information not only to progress their flawed plans for a massive and unresourced increase in the number of community sentences, but because of the other offences that occur while offenders wait to carry out their community sentences. That is hardly payback.

Kenny MacAskill:

Mr Baker criticises the system that we inherited from him and his colleagues. The fact is that there was no previous direction that community sentences should begin within seven days—we are introducing that through "Fair, Fast and Flexible Justice". Yes, bail breaches are unacceptable; that is why we introduced tougher measures and why the matter is being dealt with. Any criticism relates to the situation that we inherited, not to the action that the Government is taking.


European Union Law (Compliance)

To ask the Scottish Executive what responsibility its justice directorates have for ensuring that Scottish Government proposals comply with EU law. (S3O-6409)

In accordance with its obligations under the Scotland Act 1998, the Scottish Government ensures that all policy proposals are compatible with Community law.

Peter Peacock:

Can the minister tell Parliament what legal advice the Government has sought on the legality of setting a minimum price for alcohol and whether it feels absolutely confident, in the light of any advice that it has taken, that it can proceed on that matter legally? Will it publish any such legal advice?

Kenny MacAskill:

As a former minister, the member is aware that such legal advice is never published. Our legal advice from Government lawyers, who previously advised Mr Peacock when he was a member of the Administration, makes it clear that the proposal is lawful and acceptable. It is surprising that so many people accept as gospel the advice of lawyers who are retained by and receive money from those who have vested interests in the alcohol industry. Somehow or other, people seem to believe their advice rather than the advice that the Government has received from its lawyers.

I cannot share the advice that we have been given, but Mr Peacock can take it as read that there are many lawyers out there who have a vested interest in opposing the proposal. It is clear to us that we must act against the scourge of alcohol—as mentioned in the chamber—and the proposal for minimum pricing is perfectly legitimate. That is why we have received support for it from the likes of the chief medical officer south of the border.


Alcohol Misuse

To ask the Scottish Executive what legal or other measures it will put in place to prevent and reduce alcohol misuse. (S3O-6444)

The Cabinet Secretary for Justice (Kenny MacAskill):

On 2 March we published "Changing Scotland's Relationship with Alcohol: A Framework for Action". The document is available on the Scottish Government website, and copies have been placed in the Scottish Parliament information centre.

The framework sets out a robust and proportionate package of measures to rebalance Scotland's relationship with alcohol, reduce alcohol-related harm and contribute to a successful and flourishing Scotland. It includes legislative measures and a wide range of approaches for creating longer-term cultural change. Together, those actions will begin to make a real difference to the health and wellbeing of people in Scotland, to our economy and to our communities.

Jim Hume:

None of us is complacent about the problems that society faces in relation to alcohol abuse by people of all ages, not just those who are under 21. Will the cabinet secretary therefore inform us how, exactly, the Government intends to ensure that any reform of the law will be effectively targeted and, importantly, evidence based?

Kenny MacAskill:

We are doing that. We have been consulting and are intent on taking action. Clearly, our actions do not simply involve criminal justice. The member, who represents the South of Scotland, will be aware of Sheriff Kevin Drummond, who was on the radio today talking about the problems that people in the Borders experience as a result of alcohol abuse and the behaviour that goes with it. Equally, as was mentioned today by Cathy Jamieson and Richard Simpson, alcohol abuse is fundamentally damaging the health and wellbeing of Scotland. It is not simply a small minority who are abusing alcohol; a large majority are exceeding their recommended limits and damaging themselves and others, including children and other people in their communities. That is why we have to act.

We have made it quite clear that we are prepared to change the process. We now have to work out a common agreement and strategy to tackle the problem. Part of the solution will involve new legislation, part of it will involve enforcing current legislation and part of it will involve education. However, the fact is that we cannot go on as we are.

Anne McLaughlin (Glasgow) (SNP):

Does the cabinet secretary agree that radical measures are needed radically to change Scotland's relationship with alcohol? If, as I suspect, he does, can he tell us what radical suggestions have come from the Opposition parties in the Scottish Parliament? I thought that we all agreed that radical measures were required, but I have looked for some such suggestions from the other parties and cannot find any.

Kenny MacAskill:

I welcomed this morning's debate on the subject, which I closed on behalf of the Government. We welcomed the position that was expressed by Cathy Jamieson, Richard Simpson and Hugh Henry, whose speech was valuable and excellent.

There is now a recognition that the issue of the process has been resolved, and that we now need to consider ways of addressing the problem. The Government is more than happy to work with any and all parties in this chamber. We cannot go on as we are, and we have to ensure that we make the appropriate changes.


Criminal Law (Reform)

To ask the Scottish Government what plans it has to reform criminal law during the parliamentary session. (S3O-6422)

The Solicitor General for Scotland (Frank Mulholland):

The Scottish Government is taking forward its plans to reform the criminal law.

The Criminal Justice and Licensing (Scotland) Bill was introduced to Parliament earlier this month. The bill contains a number of important reforms to the criminal law including new offences to tackle serious organised crime and a new offence outlawing the possession of extreme pornography.

The Sexual Offences (Scotland) Bill, which will reform an important area of the criminal law, and the Offences (Aggravation by Prejudice) (Scotland) Bill, which will send a strong message about the unacceptability of prejudice in a modern Scotland, will also make valuable contributions to the development of the criminal law in Scotland.

The Solicitor General will know that concerns have been raised both inside and outside the chamber regarding the position of spouses testifying in criminal cases. What steps does the Government intend to take to address that important issue?

The Solicitor General:

The member raises a good point. The bill will amend the law in order to ensure that a spouse or civil partner is treated no differently from any other witness. The current law causes difficulty where the crime is against a child or involves sexual abuse or violence and there is important evidence to be gained from a spouse or civil partner. Often, the evidence that is crucial to provide a sufficiency comes from the spouse or civil partner. At present, the spouse or civil partner is a competent witness, but not a compellable witness. If the spouse or civil partner elects not to give evidence, there is nothing that can be done, and justice can be frustrated and defeated. There have been cases in which, in the time between the commission of a crime and the trial, the accused has married the main witness against them, thereby frustrating and defeating justice. The proposal in the bill will make the spouse or civil partner a compellable witness, thereby closing that historical loophole.


Cornton Vale

To ask the Scottish Executive whether it agrees with Her Majesty's chief inspector of prisons for Scotland that the conditions for young women at Cornton Vale are unacceptable. (S3O-6443)

The Cabinet Secretary for Justice (Kenny MacAskill):

We welcome the recent report by Her Majesty's chief inspector of prisons for Scotland on young offenders in adult establishments and note his recognition of the various aspects of good practice at Cornton Vale prison, including the treatment of the prisoners and the management of women at risk. We also recognise the areas of concern that he raised and will ensure that the Scottish Prison Service considers those issues appropriately. The Scottish Government is committed to a justice programme that is designed to manage offenders appropriately and reduce prison numbers.

Ross Finnie:

Bruce house at Cornton Vale has been the national resource for young female offenders only since February 2008, yet less than a year since it was established, it received what is on balance a highly critical report from Her Majesty's chief inspector of prisons. Does the Scottish Prison Service have a timetable for implementing the chief inspector's recommendations?

Kenny MacAskill:

A multifaceted approach is required to ensure that we ease the pressure. The Scottish Prison Service is doing an excellent job in difficult circumstances. The nature of the prison clientele—if I can put it that way—at Cornton Vale is extremely challenging. Many have a history of mental illness, many have a heroin or other drug addiction, and many have been victims of abuse. There are substantial and complicated problems.

Clearly, we require to address matters within prisons. However, it is equally important to seek to roll out and expand the turnaround project and build on the excellent work of, for example, the 218 project in Glasgow. The Government is doing that. Sometimes, we have to deal with the underlying problem and not simply the offending, and the underlying problem for so many of the offenders in HM Prison Cornton Vale is heroin addiction.