SCOTTISH EXECUTIVE
Justice and Law Officers
Bankruptcy and Diligence etc (Scotland) Act 2007
To ask the Scottish Executive when the Bankruptcy and Diligence etc (Scotland) Act 2007 will come into force. (S3O-2848)
The Scottish Government aims to bring into force different parts of the Bankruptcy and Diligence etc (Scotland) Act 2007 under a rolling programme over the next two years. The majority of the changes that will affect bankruptcy and a number of important changes to diligence will come into force on 1 April 2008.
The minister will doubtless be aware from correspondence that confusion appears to exist about the impact that the legislation will have on people being discharged from bankruptcy in England. Will he clarify what the exact position on that is?
I am aware that Mr O'Donnell has been pursuing on behalf of a constituent a case that is related to the issue that he has raised, and I understand his constituent's point. However, the Government does not believe that there is any confusion about the law.
George Foulkes was to ask question 2, but the silence speaks for itself. Cathy Jamieson will therefore ask question 3.
Alcohol-related Crime
To ask the Scottish Executive what action it is taking to tackle crime and antisocial behaviour caused by individuals who are drunk and incapable. (S3O-2818)
Thank you for that.
I thank my predecessor Ms Jamieson for correctly identifying that Scotland faces a booze-and-blade culture. We are seeking to build on what has been done to tackle that problem.
I thank the cabinet secretary for his extensive reply and for his support for many of the initiatives that I introduced as Minister for Justice.
That is primarily a matter for local decision makers. We want local partners to make decisions on what is best for their communities. I stand by the position that I took. I visited Albyn house and was impressed by what it provides, and I am keen to see such provision rolled out, particularly in my home city of Edinburgh.
Does the cabinet secretary think that alcohol taxation has a role to play in tackling alcohol abuse? If so, does he think that the Chancellor of the Exchequer missed an opportunity in his latest budget?
Absolutely. As the First Minister mentioned today, we clearly need to ensure that we strike the right balance. There is a problem in Scotland with very cheap alcohol—often very high-strength alcohol, such as strong ciders and strong lagers. We need to ensure that we use the fiscal measures that are available. Other countries, such as Australia, have measures by which brewers are incentivised to try to ensure better consequences for society. In Scotland, we need to ensure that we get things right by tackling the cheap ciders and high-strength lagers that fuel the problem.
Summary Prosecutions
To ask the Scottish Executive, following the implementation of summary justice reforms, how many summary prosecutions it envisages over the next 12 months and what approximate percentage reduction in prosecutions that will represent. (S3O-2758)
The summary justice reforms were commenced in large part on 10 March 2008. A key aim of the reforms is to ensure that those who offend can be dealt with more effectively and expeditiously, which will give victims closure at a much earlier point in time, through the use of direct measures that were approved by the Parliament. That, in turn, will free the courts to tackle those offenders whose behaviour can have a corrosive effect on communities, and to address longer-term offending behaviour.
I am obliged to the Lord Advocate for that answer, but I have a supplementary question. Does she agree that it should be a matter of prosecution policy that, where any offender has been offered a diversion over the period of the preceding 12 months, no further diversion should be offered and the case should proceed to court in the normal manner?
Prosecution policy is a matter that, under the terms of the Scotland Act 1998, I and the procurators fiscal must consider independently of other persons. Clearly, we must take into account local facts and circumstances and the particular facts of individual cases, but generally I think that someone who has been the subject of an alternative to prosecution in such circumstances would not—unless it was a de minimis breach—be considered for a further alternative to prosecution. In those circumstances, the person would inevitably find themselves being prosecuted.
Strathclyde Police (Meetings)
To ask the Scottish Executive when it last met the chief constable of Strathclyde Police and what issues were discussed. (S3O-2817)
The Minister for Communities and Sport and I met the chief constable of Strathclyde Police on 19 March to discuss how his force and partners are addressing the problem of domestic violence.
I hope that, when the cabinet secretary next meets the chief constable, he will talk about recovered or seized assets as cashback for communities. The cabinet secretary will be aware that the Scottish Crime and Drug Enforcement Agency has for some time argued for funding for a forensic accountant to assist it in its work. Can he confirm that funding for that post has come not through the normal means but from the assets that have been seized from criminals, which I believe should be distributed to the communities that are most affected by drugs and crime? Will he reflect on that decision to rob disadvantaged communities of that cash? Will he fund the post in the way in which all other posts are funded?
Far from robbing from disadvantaged communities, the purpose of the £400,000 that we have given to the Crown Office's civil recovery unit is to help it to strengthen its operations to ensure that we maximise the recovery of such assets from perpetrators of crime and drug dealers. I would have thought that that would be welcomed. That small amount of money has been invested to ensure that even more than the £11.8 million, or whatever has been recouped to date, is taken in the future. We believe that that investment will add to the amount.
The cabinet secretary will be aware that I have written to the chief constable of Strathclyde Police in respect of the law officers passing on a dossier of evidence on allegations pertaining to extraordinary rendition. Last Friday, I met with Strathclyde Police to discuss those matters. Without prejudicing any forthcoming investigation, will the cabinet secretary undertake to ensure that extraordinary rendition is on the agenda for his next meeting with Stephen House?
I cannot comment on any matter that is under investigation. However, I have written to the Foreign and Commonwealth Office and the Secretary of State for Foreign and Commonwealth Affairs. The clear position is that the United States of America has admitted to wrongdoing at various bases. Scotland has not been included in the investigations that were sought by the United Kingdom Government. It appears to us to be appropriate that David Miliband seek assurances from the United States that Scottish airports were not used for rendition flights and that, if they were, he should extract from the Americans an apology and an assurance that those airports will not henceforth be used for that. We have written to the British Government about that and we expect to receive answers. If those answers appear, I will make them available to the Scottish public, to Jamie Hepburn and, of course, to the chief constable of Strathclyde Police, if events of such significance have occurred in his patch.
I understand that the cabinet secretary will visit my constituency tomorrow to meet, among others, Strathclyde Police and to support the launch of the Airdrie & Coatbridge Advertiser's nae bother campaign to tackle antisocial behaviour. Does the cabinet secretary agree that antisocial behaviour must be tackled using a multi-agency approach? Can he assure us that the Government will work in partnership with the police, the media, councils and others to ensure that campaigns such as that one, which challenges unacceptable behaviour and acts of wanton vandalism in our communities, are supported fully?
Absolutely—I give Elaine Smith that assurance. Antisocial behaviour and violence in Scotland are multifaceted problems that we must seek to address in a multitude of ways and through a multitude of agencies. That is why I am more than happy to support Strathclyde Police's actions, particularly through its violence reduction unit, and the campaign by the Airdrie & Coatbridge Advertiser that Elaine Smith mentioned.
Alloa Sheriff Court
To ask the Scottish Government what progress has been made in upgrading Alloa sheriff court. (S3O-2777)
Work to refurbish and extend Alloa sheriff court has commenced on site and is due to be completed by August 2008.
I thank the cabinet secretary for his actions in identifying quickly resources to deal with the long-standing problem at Alloa sheriff court. The disorderly and sometimes dangerous situations that are reported to have occurred there were said by some to have been in danger of bringing the justice system in Alloa into disrepute. I agree that the renovations that are being carried out will properly protect procurator fiscal staff, court staff, witnesses, prisoners and all those who attend court, but will the cabinet secretary ensure that the Scottish Court Service ensures that the interests of all those who are affected by the change will be taken into account and that user groups and other users will be consulted during the works?
Absolutely. It is accepted that the project has been slower to start on site than was originally anticipated. That was due to a number of legal title issues in relation to the procurement of the adjacent district court building. The Scottish Court Service and the Government are delighted that Clackmannanshire Council is assisting us in seeking to ensure that the adjacent building can be brought on board so that the court can be expanded and so that we can address the requirements of the sheriff court, which current and past sheriffs have pronounced to be entirely unacceptable not only to those who sit on the shrieval benches but to court staff, procurators fiscal and the citizens who go there to do their duty as jurors or witnesses.
Justice Policy (Young People)
To ask the Scottish Executive how it is involving young people in the development of justice policy. (S3O-2850)
As a Government we are committed to listening to young people and involving them in all policy developments that affect them. For example, young people have been involved in designing the cashback brand for the redistribution of proceeds of crime money and the Scottish Youth Parliament's justice convener sits on our antisocial behaviour review external project board, which will also be seeking young people's views on the way forward.
I thank the cabinet secretary for that work and for the position of the Scottish Government. Does he agree that justice policy has the most credibility when young people are involved in developing solutions to youth crime—given that they are the victims more often than not—rather than simply being stereotyped as the perpetrators of such crime? Will he work with Scottish Borders Council on the exciting possibility of establishing a youth justice forum as part of restorative justice provision in the area? I hope that he will also agree to take forward a proposal for a youth justice advisory board to consider not just antisocial behaviour but other areas of justice policy, which could report directly to ministers and send a strong signal to young people throughout Scotland that they are considered part of the solution, not just the problem.
I am not aware of the particular matter to which Jeremy Purvis refers, but I am more than happy to consider it. He makes good points. Although young men might be guilty of a substantial amount of the crime that is perpetrated in our communities, we have to remember that they also tend to form the majority of victims. I have met members of the Scottish Youth Parliament and its justice convener and I have undertaken to meet them again. Earlier this week, I met the Scottish Young Lawyers Association. Young people have to be listened to and treated with respect if we are to promote good behaviour. I am more than happy to undertake to consider such matters.
Lothian and Borders Police (Meetings)
To ask the Scottish Government when it last held discussions with Lothian and Borders Police and what issues were discussed. (S3O-2785)
I meet Lothian and Borders Police officers on a regular basis to discuss matters of importance to policing, whether through talking to individual officers serving in this building or having regular meetings with the chief constable.
It has been brought to my attention that eight football teams in Penicuik, involving 140 boys, are very short of funding to support payments for use of pitches and payments to referees. Will the cabinet secretary ask in discussions with Lothian and Borders Police whether those clubs can access funding from police funding or from the proceeds of crime? If not, how can they access funding for such pursuits, which keep young people active and out of mischief?
I know from experience in my constituency that Lothian and Borders Police is involved in work in conjunction with the City of Edinburgh Council—rather than Scottish Borders Council or Midlothian Council—on the short-sided and five-a-side games that are rolled out regularly in Craigmillar and Niddrie.
Rural Affairs and the Environment
Waste Reduction and Recycling Targets
To ask the Scottish Executive what progress has been made on achieving the waste reduction and recycling targets set out in the Cabinet Secretary for Rural Affairs and the Environment's statement to the Parliament on 24 January 2008. (S3O-2803)
Progress continues. The most recent figures from the Scottish Environment Protection Agency, which were published on 11 February, show that Scotland recycled or composted more than 30 per cent of its waste. Earlier this month, I launched our new community recycling sector grant and support scheme. On Tuesday, I launched this year's home composting campaign for Scotland, and yesterday I chaired the first meeting of our new zero waste think tank.
When will the outcome agreements with local authorities on the targets be published? Does the cabinet secretary accept that his decisions have created great uncertainty and serious concern among local authorities about their ability to meet the European Union's waste targets? In the light of his decision to cancel the solution that was developed by local authorities in the Lothians in line with the previous Government's guidelines, will he reimburse those authorities their wasted investment of £2 million, and will he commit to paying the £1.5 million of monthly fines that the Evening News predicted will result from his decision?
I recently visited Fife Council, on Tuesday. It has an ambitious programme to achieve zero waste to landfill by 2020, which is even more ambitious than the Scottish Government's proposals. The local authorities that I am speaking to are extremely confident that they will make huge progress as a result of their generous financial settlement. Of course, there will be outcome agreements with each local authority in Scotland, which will be published. It is important that the agreements are open and transparent, so that local electorates can hold their councils to account.
Will the minister discuss with local authorities the benefits of agreeing three or five-year plans to fund charities that produce best practice on recycling and reuse, such as Golspie Recycling and Environmental Action Network and Ross-shire Waste Action Network?
The Scottish Government acknowledges the valuable role of the community sector in tackling waste in Scotland. Indeed, we have allocated £2.5 million per year over the next three years from the centrally held zero waste fund to support community operations the length and breadth of Scotland. I have visited a number of initiatives in my constituency. Last Friday, I visited Lochpark Challenge, which recycles timber, and I have visited the Golspie initiative in the Highlands and Islands to which the member referred.
The cabinet secretary did not answer one part of Sarah Boyack's question, so I will ask it again. Will Scottish Borders Council be reimbursed for the money that it has spent on putting forward the waste management strategy that the Government has now turned down?
I have offered to meet the local authorities concerned—East Lothian Council, West Lothian Council and Scottish Borders Council—in connection with their former regional waste proposals.
LEADER Funding
To ask the Scottish Executive what criteria were used in determining the allocation of LEADER funding from the Scottish rural development programme to local action groups. (S3O-2807)
Eighty per cent of the funding allocated to LEADER local action groups is formula based. The other 20 per cent is discretionary, and is allocated on the basis of the LAGs' local development strategies.
The minister will be aware that many of the local action groups that were awarded funding under the LEADER programme received considerably less than they applied for. For example, the Kelvin valley local action group in my constituency received only £530,000. Does the minister believe that it is wise to increase the number and extent of bids without the funds to cope? Can he advise Parliament who took the decision to increase the number of bids? Does he believe that the funding that has been allocated to local groups will be enough to take the LEADER programmes forward?
John Scott. Sorry, Richard Lochhead.
Not yet, Presiding Officer [laughter.] Not for a few decades, anyway.
Is there something we should know?
I understand why the Kelvin valley local action group is disappointed, given that it bid for a considerably greater sum than the £530,000 that it was awarded. The formula that was adopted is fair and equitable. We have to balance a number of bids that come in from across Scotland, and ensure that they meet the criteria that have been laid down by the Government, which largely reflect the criteria from previous programmes. I hope that those programmes whose bids were successful—even if they did not receive as much as they would have liked—will make a great contribution to bottom-up rural development, which is the purpose of the LEADER programme.
I will try again. John Scott.
I declare an interest as a farmer and an appellant.
It is a pity that the member did not notice the press release that was issued a month or two ago, which was widely covered in the agricultural press and gave an update on the situation.
I have a straightforward question for the cabinet secretary. In light of the situation at Kelvin valley described by Cathie Craigie, would he be willing to take on board further representations for additional funding for the Kelvin valley area?
Yes, I would. Other funding streams may be available to that area that we can consider. If Jamie Hepburn or any other member wishes to contact me to put a case for a greater share of public funding to go to that area from existing funding schemes elsewhere, I would be happy to consider it.
Foot-and-mouth Disease (Compensation)
To ask the Scottish Executive on what date farmers can expect to receive their full compensation for last year's outbreak of foot-and-mouth disease. (S3O-2843)
In respect of the Scottish ewe scheme, £18.8 million was paid to approximately 11,600 producers on 10 December 2007. In addition, around £1.7 million was paid to producers under the sheep welfare scheme between October and December 2007. Both schemes are now closed.
I do not in any way wish to denigrate the efforts of the cabinet secretary to make interim payments, but I point out that I asked him when farmers will receive full compensation and when he will extract from Her Majesty's Government what is due to them. The issue is not about state aid or giving sectoral support—welcome though that is—but about payment of damages for losses incurred by Scottish farmers as a result of the foot-and-mouth outbreak.
The Scottish Government agrees entirely with the member's eloquently expressed sentiments. We continue to press the issue with the UK Government. We will not let the issue lie, and we continue to support in any way we can the efforts of Scotland's agricultural communities to secure the compensation from the UK Government that is rightly theirs. I reiterate—and I hope that all members agree—that the moral and political responsibility for the foot-and-mouth outbreak, which had such a damaging economic impact last year, lies with the UK Government. That Government should do the decent thing and provide the compensation that is due to Scotland.
Deer Farming
To ask the Scottish Executive how it supports and promotes deer farming in Scotland. (S3O-2853)
Funding for support continues to be available through the Scotland rural development programme, for example as processing and marketing grants, rural development contracts and payments under the less favoured area support scheme.
Dear, dear. I am sure that the minister agrees that Scotland's deer farming industry, including Reediehill deer farm at Auchtermuchty and the Scottish Deer Centre near Cupar in my constituency, produces excellent venison, so he will share my disappointment that the venison on sale in my local Tesco comes from New Zealand.
I share Iain Smith's concern. Indeed, at the meeting that I held on 26 February with a number of Scottish deer farmers—including some from his constituency—we discussed possible routes forward. As we are required to ensure that single farm payments in Scotland do not exceed a national ceiling that is set out in European legislation, it would be difficult to find the additional sums that might be required. However, at the meeting, I asked the deer farmers and my officials to work together to calculate exactly what the cost might be and I agreed to meet the deer farmers for further discussions.
Will the minister outline the likely effect of the proposed merger of the Deer Commission and Scottish Natural Heritage on the expertise, advice and trust that have built up in the deer farming industry? Will he identify the evidence base that led to the proposal for the merger?
I hope that there will be no diminution of the trust or capabilities of those who are involved. Indeed, I recently held a constructive meeting with members of the Deer Commission to discuss the way forward.
Wildlife Crime
To ask the Scottish Executive when it will publish the results of its wildlife crime review. (S3O-2856)
The thematic review of wildlife crime is being carried out by Her Majesty's chief inspector of constabulary and HM chief inspector of prosecution in Scotland. Because of the terms of the question, I stress that those inspectors are independent, but I understand that their intention is to publish their report on 16 April.
I thank the minister for the update on the wildlife crime review. Unfortunately, the review does not go far enough. With a focus on bird poisoning, it fails to address the polluter-pays principle adequately or to respond to the consultation on the enforcement of environmental law in Scotland that my colleague Ross Finnie issued in November 2006. Will the minister consider the wider aspects of wildlife crime? Will he strongly consider working more closely with the network of specialist wildlife crime prosecutors that was set up four years ago to help to secure convictions of the perpetrators of wildlife crime in Scotland?
I am sure that members will not mind me bristling a little at the point of view that the review does not go far enough. The Parliament supported it unanimously, so I presume that Mr Tolson supported it too. If he has changed his mind over the past few months, I require some evidence of why that is necessary.
Household Waste Recycling Targets
To ask the Scottish Executive when it last met representatives of Glasgow City Council to discuss household waste recycling targets. (S3O-2805)
One of my officials met Glasgow City Council on 29 February to discuss waste management and recycling. I plan to visit Glasgow shortly and I will require to meet the council leadership.
In last November's budget, Mr Lochhead's colleague the Cabinet Secretary for Finance and Sustainable Growth announced that funding from the strategic waste fund would be absorbed into the main local government settlement. He also stated that funds would be made available for a new zero waste fund. Will the Cabinet Secretary for Rural Affairs and the Environment tell members what percentage of that £154 million fund will be made available to Glasgow City Council between 2008 and 2011? What specific schemes does his Government have in mind that would attract support from that fund to achieve the admirable but somewhat distant ambition of a zero waste society?
I recognise the challenges that face Glasgow City Council, which is why I am keen to meet its leaders soon. The zero waste fund amounts to £154 million over the next three years. We are discussing with the Convention of Scottish Local Authorities the best way to allocate £100 million of that to infrastructure projects, and Glasgow will be able to bid for part of that money once we have agreed a concordat with COSLA.
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