SCOTTISH EXECUTIVE
Enterprise, Lifelong Learning and Transport
Public Service Obligations <br />(Highlands and Islands Air Routes)
To ask the Scottish Executive whether the use of public service obligations will be extended to cover additional air routes in the Highlands and Islands. (S2O-6882)
The suitable use of public service obligations is crucial to the delivery of our commitment to improved and more affordable air services in the Highlands and Islands.
I am pleased to hear the minister's reply, because it seems that he accepts that affordable internal air travel will make a considerable difference to economic prospects in the peripheral areas of the Highlands and Islands. Does he agree that, as models in other countries show, the best method of securing affordable air travel is through PSOs, which give control over the specification and timetables, and that the £12 million that is required would be a sound investment in the economy and social fabric of those fragile areas?
Yes. As Maureen Macmillan knows, a core part of the partnership agreement was to evaluate the Highlands and Islands strategic transport partnership's proposals for air PSOs. That work is being completed, but we have gone much further than that by allocating funding of £12 million a year to improve air services in the Highlands and Islands and to make them more affordable. On 16 May, I met Charlie King and other HITRANS representatives and, because of the importance of the issue, I indicated that I wished to have another meeting by the end of June so that we can get moving on the issue, to which I give high priority.
Given that HITRANS has received a legal opinion that there is no legal barrier to extending the use of public service obligations, and that a STAG—Scottish transport appraisal guidance—appraisal has suggested that PSOs would grow the economy in the Highlands and Islands, will the minister, in deciding on the matter, calculate the full economic impact of the alternatives, particularly the full economic advantage that would accrue from the extension of the use of PSOs?
As Jim Mather knows, HITRANS has already done a considerable amount of work on that, which shows that there is no doubt that the introduction of PSOs would have significant economic benefit. My priority is to get on and get the new services and the PSO network in place to ensure that fares are more affordable, so that we get tangible benefits, rather than estimated or calculated benefits. That is why I want another meeting as soon as possible with HITRANS. We have funding available; let us get on and put the improvements in place.
Question 2 has been withdrawn.
Erskine Bridge (Tolls)
To ask the Scottish Executive whether it considers that there are economic and environmental benefits to removing the tolls on the Erskine bridge. (S2O-6865)
The economic and environmental impacts of toll changes on the Erskine bridge, including the removal of the tolls, were considered in phase 1 of the tolled bridges review. Phase 2 of the review is considering the wider impact of tolling and options for the future management and operation of all tolled bridges, including the Erskine bridge. The consultation on phase 2 will run until Friday 8 July.
I look forward to contributing to that consultation. The minister will be aware of research that his department has carried out that points to the clear conclusion that removing the tolls from the Erskine bridge will have a positive environmental benefit throughout the west of Scotland by alleviating congestion on the Kingston bridge and in the Clyde tunnel, which is estimated to cost our economy £19 million each year. I know that the minister wants to improve our economy and our environment, so when will he remove the tolls?
Jackie Baillie is right to say that work has been done on the issue. It shows that, under certain assumptions, the removal of tolls would have benefits for the environment as a result of the effect on congestion as well as clear benefits for the economy in the area that Jackie Baillie represents and in the wider area around Glasgow. We will consider those issues in phase 2 of the review, so it would be wrong to prejudge the outcome of that review.
I will allow supplementary questions on the issue after question 4.
To ask the Scottish Executive whether an analysis has been conducted of the potential economic and social benefits arising from the abolition of the tolls on the Erskine bridge. (S2O-6874)
I refer the member to the answer that I have just given to Jackie Baillie.
And I refer the minister to the answer that he gave to Jackie Baillie. I, too, will respond to the consultation, although I am having some difficulty with the format and objectivity of the consultation document. It is clear throughout the document that the Erskine bridge will not be de-tolled—that is the whole emphasis of the document.
Question.
The impact of tolling on the local economies on both sides of the bridge cannot be overstated. Is the minister aware that many of my constituents have to travel to the other side of the river for out-patient clinics? Does he agree that the existence of tolls acts as an additional levy on patients and that low-paid workers are disadvantaged further by the tolling of the bridge when they have to pay more than £6 a week to go back and forth to their work? Will he agree to meet the Clyde valley community planning partnership board to discuss those and other matters pertaining to the Erskine bridge? Like my colleague Jackie Baillie, I ask the minister when he will de-toll the bridge.
If Trish Godman has interpreted the consultation document as being biased against the case that she makes, I give her a guarantee that that is not how it should be interpreted. The document is intended to be neutral in its treatment of the arguments. It is a genuine and open consultation. My mind is not closed to any of the outcomes that are considered, one of which is and will remain the abolition of tolls on the Erskine bridge. The arguments that Jackie Baillie and Trish Godman have made are important, but we must consider all the toll bridges and whether there are differences between them. The strongest case that can be made for the Erskine bridge should distinguish it from the Tay and Forth bridges. Arguments relating to cost, to communities and to particular individuals will apply to all the bridges, but if we were to reduce tolls on the other bridges there could be significant congestion consequences and greater damage could be done to the economy by Scotland grinding to a halt. We have to be conscious of the different arguments relating to each of the bridges—I would hope that that is reflected in the arguments that members make in their responses. As Trish Godman knows, I am always willing to meet MSPs and community representatives, and I would be pleased to do so on this issue.
I will try to make my speech shorter than the previous two were. Although I am not against the removal of tolls on the Erskine bridge, does the minister agree that the removal of those tolls would increase the sense of discrimination that is already felt by those who use the Tay and Forth bridges? If he decides to remove the tolls on the Erskine bridge, will he reconsider the position of the Tay and Forth bridges? Does he agree that the environmental damage that is caused by a car crossing the Tay or Forth bridges is no more than the environmental damage that is caused by a car entering Dundee or Edinburgh by any of the land routes?
It is important to emphasise, particularly in relation to the Forth road bridge, the suggestion in the evidence that has been prepared for the bridges review that if the tolls were removed, there would be significant congestion consequences. The Forth Estuary Transport Authority, which operates the bridge, has emphasised that point. There are also serious issues to do with the cost of the maintenance of the bridge. It is essential that the bridge continues to be maintained to the highest of standards. There are differences between the bridges in terms of the estimates of the social impacts but also in terms of the economic and environmental impacts, which are important. All those issues will be fairly evaluated in the toll bridges review. I do not want there to be any sense of injustice at the end of the review. I want it to be clear why we are taking the approach that we will in due course take on each of the bridges. That approach should be logical and defensible.
Will the minister bear in mind that Fife is doubly disadvantaged by having toll bridges to the north and south? Tolls should not be seen as a method of introducing congestion charging. If any city or community requires congestion charging, it should be done around that city or community, not on one of the main arteries.
On the first point, I realise that there are significant issues with the Tay bridge. One of the concerns is the bridge's condition. This week's announcement of a £16 million investment to upgrade the bridge—for which the Scottish Executive is providing support—emphasises the scale of the challenge with which the maintenance costs for the bridges present us. The original building cost of the Tay bridge was £6 million.
Does the minister accept that the unique case for the removal of tolls from the Erskine bridge is that it would address congestion, which is his department's top priority? We are supposed to reduce congestion by a significant percentage by 2020, and removing the tolls from the Erskine bridge would rebalance traffic and the environmental consequences between the different Clyde crossings. Faced with the likelihood of 53 weeks of road works in the Clyde tunnel and the temporary closure of the on-ramp from the Clydeside expressway to the motorway—
You are close to answering your own question, Mr McNulty.
Does that not make a case for an urgent response from the minister on the Erskine bridge? The sooner he responds, the better.
Des McNulty makes a powerful case. I am sure that he will make that case as part of the review by making a written submission alongside those of Jackie Baillie and Trish Godman. I will give full, fair and objective consideration to their case in due course.
Haulage Industry
To ask the Scottish Executive whether it has made any estimate of the impact on the economy of the effect of fuel costs and the European working time directive on the haulage industry and whether this impact will be significant and adverse. (S2O-6823)
Fuel duty and European working time legislation are both reserved to Westminster. However, I am keeping in close contact with the Road Haulage Association, the Freight Transport Association and the relevant Westminster departments in assessing how those issues are impacting on Scottish business. I regard the issues as vital for Scotland's economy.
Does the minister agree that the majority of haulage businesses in Scotland are staring liquidation in the face as the inevitable consequence of the rocketing cost of fuel and the working time directive, which forces haulage firms to take on more drivers at a time when they cannot afford to increase their costs? Can he set out any measures that the Executive can take to help the Scottish haulage industry in its time of need?
I fully realise the concern of the haulage industry in Scotland. I also appreciate the knock-on consequences that any damage that is done to that industry could have on other aspects of industry in Scotland, particularly in the more remote and rural areas. I take those issues seriously. We must consider the impact of the European working time directive and discuss with the United Kingdom Parliament whether any kind of opt-out or flexibility might be necessary.
Not only do those issues affecting the haulage industry have a knock-on effect, as the minister suggested, on industries such as fishing and agriculture, but the working time directive itself has a major impact on those industries, especially on fishing. Given that he has wiped his hands of any responsibility for such transport matters because they are reserved, will he take up the working time directive issues with the Westminster Government, albeit that it may have even less say in the outcome than he has because the powers lie with the European Union?
It is too early to assess the impact of the working time directive and to make the kind of sweeping statements that Phil Gallie has made. He is correct to say that there are concerns, but I have been struck by the number of people in the industry who support the general principle of the working time legislation. They have emphasised that they have no difficulty in supporting the aims of the legislation, but they genuinely believe that it could have adverse impacts, especially in the more remote and rural parts of the European Community. We must remember that the core Community treaties emphasise the importance of islands and remote and rural areas. If issues need to be raised, I will be the first to raise them, both with the UK Government and with the EU.
Coal-fired Power Generation <br />(Carbon Emissions)
To ask the Scottish Executive what assistance its Enterprise, Transport and Lifelong Learning Department is giving to industry to reduce carbon emissions from coal-fired power generation. (S2O-6884)
This is a reserved issue. The United Kingdom Government has committed £13 million between 1999 and 2007 to developing cleaner fossil-fuel technology research and development. The UK Government is also in the process of developing a carbon abatement technology strategy to address the future requirements for reducing carbon dioxide emissions from large-scale UK power generation that uses fossil fuels, including coal.
Is the minister aware that evidence shows that an increase to 20 per cent in the level of biomass that is mixed with coal for use in electricity generation would result in a 10 million tonne reduction in CO2 emissions, which is some 11.5 per cent of the total UK target? Given the importance of coal-fired generation in Scotland, our opportunity for biomass co-firing and the consequent CO2 reduction is significant. However, I am concerned that there might be a shortage of biomass in Scotland to meet our needs. What steps is the minister's department taking to facilitate large-scale production of energy crops in Scotland, where we suffer from a financial disincentive by comparison with England?
There were a few questions in there. First, the UK Government recognises the value of coal-fired generation in meeting peaks in demand and in covering for supply intermittency in other forms of generation. It is important that we have a diverse energy supply, including coal, gas, hydro, renewable and nuclear power.
Justice and Law Officers
Prisons (Drug Rehabilitation)
To ask the Scottish Executive what steps are being taken to measure the effectiveness of drug rehabilitation programmes in prisons. (S2O-6830)
The Scottish Prison Service delivers two drug rehabilitation programmes: the drug relapse prevention programme and lifeline. Both programmes are being evaluated and it is planned that SPS research bulletins will outline the findings later this year.
I look forward to reading the results of the programmes in the bulletins. I am sure that the minister will share the concern that I and others have at today's reports about Cornton Vale prison, which reveal that 98 per cent of inmates are drug users. As she is aware, the situation in other prisons throughout Scotland is similar. What steps are being taken to measure the success of existing drug rehabilitation schemes in our prisons? What is being done to measure what proportion of those people who are released, reoffend and come back to prison are drug users? Does she agree that, if we made the issue a top priority in Scotland, we could not only slash crime rates but save many lives and much misery for our communities?
I thought that I had dealt with the member's first question in my initial answer. It is important that we recognise that a significant number of people in our prisons have drug misuse problems—indeed, I referred to the issue in a couple of recent parliamentary debates. That is why I want to ensure that we focus on reoffending as we take the Management of Offenders etc (Scotland) Bill through Parliament and in work subsequent to the bill. That will include examining how drug misuse is linked to offending behaviour. I look forward to receiving the member's support as we pursue the bill and the policy associated with it. It is important that we evaluate all programmes. The work that the SPS is undertaking will be evaluated and reported on in due course.
The report on Cornton Vale by Her Majesty's chief inspector of prisons for Scotland, to which Richard Lochhead referred, gives statistics for drug-related and mental health problems. How does the minister see the new building programmes helping and supporting the women in Cornton Vale? Will she join me in visiting Cornton Vale soon to examine the future plans for the prison?
I would be more than happy to go again to Cornton Vale, which I have visited on a number of occasions. It is useful for us to reflect on the comments that were made today by the chief inspector of prisons, who recognised that the building programme that is under way at Cornton Vale will provide additional facilities that will be of benefit in allowing people to undertake necessary treatment and rehabilitation work. He also commented that a large majority of the women who come to Cornton Vale have substance misuse problems and that many of them have been abused and have mental health problems. We intend to continue addressing those issues.
Prisoners (Mental Health)
To ask the Scottish Executive what action it is taking to improve support for prisoners with mental health problems. (S2O-6835)
The Scottish Prison Service published its strategy for positive mental health in December 2002 and has since established multidisciplinary teams that support prisoners who are experiencing mental health problems. It has also run mental health first-aid training and is considering how to expand that. An updated suicide risk management strategy will be implemented from September.
The minister will know that, in September 2004, the SPS closed most of the hospital units in its prisons. Is she aware of the growing concern among prison officers and governors about the impact that that is having on the management of prisoners with mental health problems? In particular, is she aware that, in some establishments, prisoners with mental health problems are being held in anti-ligature cells, which are inappropriate to their needs? Is she prepared to ask the SPS to consider making available mental health beds in its old hospital units to such prisoners or, at the very least, having qualified nurses on duty in prisons 24 hours a day to support and advise prison officers who are caring for prisoners?
We must always be careful not to equate the provision of beds with the provision of appropriate treatment. The SPS must focus on managing prisoners, including those who have a range of mental health problems. Let us remember that mental health problems range from anxiety and depression through to recognised psychiatric conditions for which prisoners will require psychiatric treatment. It is important to recognise that the SPS has attempted to bring together the requisite number of professionals and to ensure that treatment is undertaken. If the member knows of specific instances in which he believes treatment has been inappropriate, I invite him to write to me with details. I would be more than happy to take up such cases with the SPS.
Will the minister, in building on the strategy to which she referred, give renewed focus to the mental health problems of young offenders in particular, especially in a community setting, and ensure that there are no arbitrary barriers between mental health services at that crucial point between youth and adult offending?
The member will be aware of the interest that I have taken in the topic, particularly in relation to young people who end up in secure accommodation. Part of the rationale behind rebuilding our secure estate was to provide additional and updated places, as well as to deal with exactly the kind of difficulties to which he refers.
Judicial Appointments Board for Scotland
To ask the Scottish Executive whether the establishment of the Judicial Appointments Board for Scotland has led to more openness in judicial appointments. (S2O-6875)
Yes. Posts are advertised in the national and professional press and the board conducts its competitions in a way that is entirely consistent with best practice in public appointments.
Has the minister read the article in the Journal of the Law Society of Scotland to the effect that lay members of the Judicial Appointments Board for Scotland are a bunch of numpties who have recommended appointments of judges and sheriffs that could "devalue judicial office"? Although I appreciate that the legal establishment, perhaps including Mr Alistair Bonnington, might like to return to a cosy system of appointments of their learned friends for their learned friends by their learned friends, I ask the minister to stick to the principle of independent selection of the best candidates for judicial appointments. Can we have that principle underpinned by legislation in the Parliament?
I hesitate to think that the article, which I read, used all the words that the member quoted, but I understand what he is saying. It is important to put on record the fact that legally qualified members of the board must be satisfied as to the legal ability of any candidate; if they are not, they will not recommend that candidate. Of course, lay members of the board make a good and useful contribution, which is welcomed and appreciated by their legally qualified colleagues. It is important to recognise that, although being a good judge is partly about having good legal ability and a good legal brain, judicial office also calls for a variety of personal qualities, such as good communication skills. We have set out our agenda. We set up the Judicial Appointments Board for Scotland and we intend to move at a suitable point to put it on a statutory footing.
Once a judicial appointment has been made, what criteria does the minister apply to guarantee the fitness for office of all the candidates?
The important point is that, when the appointments are made, they are made by the board, which is independent of ministers—it is not for ministers to interfere politically. However, as the member will be aware, if there is a concern that someone is not fit for a particular office, there are procedures to deal with that—ministers would follow the appropriate procedures at the appropriate time.
Fife Constabulary
To ask the Scottish Executive how many police officers are employed by Fife constabulary and how these figures compare to those for 2004. (S2O-6843)
At the end of March this year, Fife constabulary comprised the whole-time equivalent of 996 regular police constables and 118 special constables. In the corresponding period in 2004, the figures were 980 and 119 respectively.
I am pleased that there has been an increase in policing, although that runs counter to public perception. What specific instructions has the minister given to police forces to deal with increased levels of petty vandalism and antisocial behaviour in many of our communities throughout the country?
I suspect that I would be in some difficulty in the chamber if I were to give specific instructions to chief constables. Having said that, I have had useful and interesting discussions with them on how they can utilise resources to ensure that the types of antisocial behaviour and petty crime to which the member refers are dealt with. We have put new legislation in place and I hope that every chief constable and local authority chief executive takes account of that legislation and uses it where appropriate.
Although I acknowledge that there has been a small increase in the number of operational police officers in Fife over the past year, it is nonetheless true that Fife has a much smaller number of police officers than the population deserves. Does the minister agree that we need police on the beat, that Fife needs its due share and that that approach is the best way of tackling antisocial behaviour and petty crime?
Tricia Marwick and I have had exchanges on that matter. I remind her that the number of regular constables in Fife has gone up from 905 in 2002 to 996 and that the number of special constables has gone up from 99 in 2002 to 119. Those rises are not insignificant. It is also worth remembering that the police grant-aided expenditure working group's interim report resulted in four forces gaining a significant amount of additional money, of which £1.3 million went to Fife. In 2004, the group produced a new formula to ensure that the distribution of funding is more closely related to need. Fife constabulary, Grampian police, Central Scotland police and Northern constabulary were identified as the net beneficiaries of the exercise.
Antisocial Behaviour Orders
To ask the Scottish Executive what action it is taking to ensure that antisocial behaviour orders are used appropriately by local authorities. (S2O-6832)
Local authorities are finalising their antisocial behaviour strategies and the outcome agreements on which future funding depends. I expect to see clear indications that agencies are working together to implement the full package of measures under the Antisocial Behaviour etc (Scotland) Act 2004, including the enhanced antisocial behaviour order powers.
As the minister knows, rates of application for antisocial behaviour orders vary widely across Scotland. There have been low application rates by authorities such as Renfrewshire Council and Inverclyde Council, which has made only one application in the past five years. If the Executive genuinely believes that antisocial behaviour orders are a useful tool for curbing antisocial behaviour, what remedies does it propose for citizens who live in areas where the local authority fails to take antisocial behaviour seriously and where communities remain under attack?
We will closely monitor the use of the measures that are contained in the act, but the main thrust of the approach is to monitor the outcomes that local agencies achieve through antisocial behaviour outcome agreements. We intend to ensure that implementation strategies are well publicised and that information is published on how local authorities are using antisocial behaviour orders. We will look closely at how the money that we have allocated to local authorities has been used. If it is not being used in a way that we consider to be appropriate, we will reflect on that.
The minister is aware of the actions that Fife Council has taken in using antisocial behaviour orders in relation to housing, but is he aware of the action that it has taken in seizing motorbikes from young people who are using them inappropriately? Will he visit my constituency in order to see for himself the good relationships among the constabulary, the local authority and the local community?
I have met police and local authority representatives in Fife and have seen and heard at first hand how the new powers are being implemented. Indeed, I look forward to further meetings with representatives of Fife constabulary and Fife Council.
The minister may be aware of the concerns of agencies that represent people with autism down south that antisocial behaviour orders may be inappropriately used as a result of perceptions that autistic behaviour is threatening to neighbours. Will he ensure as best he can that antisocial behaviour orders are not used where there has been autistic or similar behaviour?
Des McNulty raises a difficult issue. Such circumstances demand appropriate understanding, knowledge and ability. Trish Godman has raised with me and others cases from her constituency involving individuals with autism whom she felt were being inappropriately dealt with by the police and other agencies. I have spoken to the police about that and they are concerned to ensure that their training fully meets the need for knowledge about a wide range of conditions, including autism. I hope that that training and knowledge will be used to ensure that there is an appropriate response to people who have certain conditions and to other matters that need to be handled more sensitively.
Dungavel House (Children)
To ask the Scottish Executive what representations the Minister for Justice has made to the Home Office regarding the conditions for children at Dungavel House immigration removal centre, in light of the recent report by Anne Owers, HM chief inspector of prisons. (S2O-6829)
Immigration and asylum, including the operation of Dungavel, are matters for the Home Office. However, officials have asked the Scottish Children's Reporter Administration to inform the Home Office immediately if any children who are being held at Dungavel are referred to the reporter.
The minister will recall that the chief inspector of prisons in England and Wales made an unannounced inspection of Dungavel on 14 to 16 December 2004. Six children who were incarcerated at Dungavel and who were subject to investigation by the chief reporter to the children's panel were deported around that time. Were those two events connected and were the children deported before the issue of their welfare became a public embarrassment?
Order. I do not consider that a visit by the inspector and a question on deportation are relevant matters for the Minister for Justice. That question is out of order.
Binge Drinking
To ask the Scottish Executive what plans it has to encourage the police and courts—
On a point of order, Presiding Officer.
It really is rather poor that someone should interrupt. You might have let Donald Gorrie ask his question first.
I apologise. I will let him continue.
Please do.
To ask the Scottish Executive what plans it has to encourage the police and courts to make more use of the existing law about not serving alcohol to people who are drunk, as part of the campaign against binge drinking. (S2O-6845)
Do you wish to make your point of order now, Ms Grahame? We will let the question hang in the air, meanwhile.
Thank you very much. I apologise to Donald Gorrie for that. It was very rude of me.
No. The question that I heard was specifically about whether the deportation was related to the inspection. Those are not matters that fall remotely within the competence of Scottish ministers.
The police and the Crown Office and Procurator Fiscal Service take such matters seriously and take appropriate action when it is in the public interest for them to do so. There have been prosecutions under existing legislation and the proposals in the Licensing (Scotland) Bill will further strengthen the powers that are available to local licensing boards, as well as to the police and the courts, to control irresponsible drinks promotions and to deal with those who fail to comply with their licence conditions.
I asked about the matter less than two years ago. At that time, the latest figures showed that nobody had ever been prosecuted successfully for serving alcohol to a drunken person. From what Mr Boyd says, it seems that the situation has improved a bit since then, although the matter is clearly not treated as a high priority in police activity. I recognise that there are problems in enforcing the legislation, but we really should enforce existing laws if we are trying to introduce new laws to improve the situation. Will the Lord Advocate assure me that that and other laws to enable the proper control of drinking will be enforced and that he will encourage the police to do that?
In the past year, 19 charges under section 76 of the Licensing (Scotland) Act 1976 were reported to the Crown Office—or, rather, to the local procurator fiscal. Of those, nine were prosecuted on summary complaint, six were dealt with by way of alternatives to prosecution and no proceedings were taken in four cases. The provisions of the Licensing (Scotland) Bill will strengthen the available methods of enforcement and make a new range of sanctions available to the licensing board, including modifying and revoking licences, the appointment of licensing standards officers, who will put a new and more effective enforcement mechanism in the hands of the boards, and requiring licence holders and their staff to undergo training, which will make them aware of their responsibilities, including those concerning to whom alcohol can be served.
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