Rural Affairs and the Environment
Question 1 has not been lodged.
Loch Lomond and the Trossachs National Park Authority (Meetings)
The Scottish Government has regular meetings and discussions with representatives of the Loch Lomond and the Trossachs National Park Authority on issues regarding its operations.
I am delighted to hear that. The minister will therefore be well aware of the concerns raised by the community in Luss regarding the use of the visitor centre for commercial purposes. He will be aware that the national park authority dealt with that property, but has now leased it out. That is having a detrimental impact on the future viability of other local businesses, which I am sure the minister regrets.
I understand that the business to which the lease has been attributed is based inside the park area, so it is at least contributing to the local economy. There is a meeting on 28 October—which will involve the chief executive—to discuss some of the concerns that have been raised on the subject. I encourage all those who have issues with the lease to engage in that process.
Scotland Rural Development Programme (Application Process)
Following the recommendations of the Scotland rural development programme first-stage review by Peter Cook in 2009, we have taken a number of actions to improve the application processes. Those include an option to bypass the first stage of the two-stage rural priorities application process; the transfer of support for community services and facilities applications from central control to the more locally based LEADER—links between activities developing the rural economy—scheme; and the introduction of an on-going approval process for woodland creation and for agri-environment grants on designated sites.
Will the cabinet secretary confirm the financial allocation that is to be awarded by the Argyll regional project assessment committee for the remainder of the seven-year programme?
As Mike MacKenzie can imagine, I have been carefully examining the implications of the recent spending review and I will announce a future agri-environment round. We are also consulting our stakeholders before announcing arrangements for other RPAC rounds. As the end of the programme gets closer, there is less funding available and the spending review has had an impact on the amount of resource available to the Scottish Government, especially in capital grants, but I assure members that there will be further rounds.
Will the cabinet secretary take steps not just to speed up the process but to simplify it, so that it becomes more accessible for smaller farmers who find it difficult to afford the fees that professional agents ask for? Will he also take steps to make the process easier for people who are not computer literate to apply, so they may do so not necessarily online? Those two problems are often flagged up with me.
Alex Fergusson raises valid concerns and issues that many applicants throughout Scotland have raised. I feel confident that we have addressed a number of those concerns in the past couple of years, and the system is much simpler than it was before, but I accept that it is perhaps still not simple enough.
I call Margaret McDougall to ask question 5—[Interruption.] I apologise—I have missed out question 4.
Cereal Farmers (Wet Weather Assistance)
I thought that I was going to get off lightly.
I look forward to finding out what the harvest has been. There are fewer baled straw crops for the future and the high price of winter feed is likely to increase.
Rob Gibson describes some reasons why the bad weather in recent months has adversely affected harvesting. He is right to highlight the example of damage to straw and straw bales. The higher costs of drying crops that farmers will have to pay will also be a difficulty.
On aid for cereal farmers, the recent spending review cut by 19.3 per cent in real terms the payments and inspections administration budget. Will the cabinet secretary explain how that shortfall will be plugged and assure our producers that the costs will not be passed on to them?
Jim Hume will have noticed that the agricultural sector’s comment last week in response to the spending review was positive in comparison with what it might otherwise have been. We have done our best to protect most of the agricultural budgets, which has been warmly welcomed. I am sure that the member warmly welcomes that, too.
We now have question 5.
Scottish Environment Protection Agency (European Bathing Water Directive)
Scottish Government officials are in regular contact with the Scottish Environment Protection Agency and other stakeholders on the protection of Scotland’s bathing waters.
As I am sure the minister is aware, some beaches are granted abnormal weather waivers if they fail water-quality tests following heavy rain. Those waivers are given predominantly to east-coast beaches, rather than west-coast beaches, because of the reliance on rainfall data, which is difficult to obtain for some local areas. Does the minister agree that more transparency is needed about how waivers are granted and about the data that is used in considering whether to grant a waiver?
Margaret McDougall is perhaps aware of my previous difficulties with weather forecasting, which is certainly an imperfect science. She makes an interesting point, to which I confess I have not given great consideration before. I will talk to my officials about it.
Given the challenges of diffuse pollution facing Ayrshire beaches, will the minister guarantee that by 2012, in the most difficult circumstances, all the public authorities—SEPA, local authorities, public health boards, Scottish Water and Scottish ministers—will be working together during such short-term pollution events?
Diffuse pollution is recognised as a substantial contributor to bathing water quality failure. SEPA officials have been walking up some of the watercourses that feed into beaches and in many cases quite simple steps to deal with the situation have been identified, including, for example, moving cattle feeding troughs further away from watercourses, to ensure that they are less contaminated by diffuse pollution. I believe that our various agencies and officials are working well together; I look forward to Scotland’s beaches and bathing waters performing better in subsequent years; and I hope that I have given the member the necessary reassurance.
Bracken Control (Support for Farmers and Crofters)
I was deeply disappointed at the European Commission’s recent decision to withdraw from the market asulam, the main herbicide for controlling bracken, despite the fact that Scottish and United Kingdom Government ministers had provided scientific evidence of its safety. Farmers and crofters will cease to be able to use asulam from the end of 2012. The Scottish Government is now keen to work with the agricultural sector on the options available to it to continue to control bracken, which could include emergency authorisations of asulam.
There was a lot of warning that this was going to happen. Nevertheless, does the cabinet secretary agree that crofters and farmers in the Highlands and Islands depend on asulox or asulam to tackle the spread of bracken, which is a growing problem because of climate change and, in particular, the loss of stock on the hills? Will he ensure that he makes the strongest possible representations to the European Union on this matter and that, if that approach fails, he will, as he has indicated, press the UK Government to issue national emergency authorisations of the herbicide so that it can at least be used for three months a year?
I point out to members that in 2010 there were 134 applications in the UK for aerial spraying of asulam, 74 of which were from Scotland. Clearly a number of producers were taking advantage of the pesticide. Although I take on board the member’s comments and assure him that we will work closely with the industry on the issue, I have to tell him that we fought very hard against the delisting of asulam and that we had the UK Government’s support for our efforts. We will continue to make representations to the UK Government and the European Commission to ensure that we can get emergency authorisations when required.
Forestry Commission Scotland (Leased Farmland)
Forestry Commission Scotland manages a total of 11,306 hectares of leased land, including 320 hectares of land at Loch Katrine that continues to be used for agricultural purposes. In 2010, FCS launched a land-leasing scheme aimed at creating productive woodland in partnership with farmers. Although a number of applications have been received and are being progressed, none has reached final agreement.
I call Roderick Campbell. [Interruption.] One moment, please. The member’s microphone is not on. [Interruption.] Maybe you could just shout, Mr Campbell.
How far does the minister believe that land leased to Forestry Commission Scotland will go towards meeting the planting target of 10,000 hectares a year?
I hope that you got that, minister.
Yes, Presiding Officer, I got the essence of that quite clearly. After all, someone who is engaged in the courts will be used to projecting their voice.
Distillery By-products (Biofriendly Renewable Energy)
There are many instances in which using such by-products for biofriendly renewable energy should be welcomed, but we are aware of the concerns that farmers have expressed that there are not enough of the by-products to meet farmers’ and the renewable energy sector’s needs. We are currently considering our response to a letter that has been received from the industry that asks the Scottish Government to ensure that supplies to local farmers are maintained.
Given that the European Union is only 40 per cent self-sufficient in protein animal feeds, will the cabinet secretary confirm that the Scottish Government has commissioned work to assess the energy efficiency of using distillation by-products such as draff as alternative energy sources? Can he quantify their value as a protein source for the livestock industry?
Those are exactly the issues that I am keen to look at, which is why I said that we are considering how to respond to the concerns that the agricultural sector has expressed. At the moment, there is a surplus of those by-products in Scotland, but I accept that a number of bioenergy plants have been built. We must commend the Scotch whisky industry, as the issue is for distillers who are trying to lower the carbon footprint. I am sure that all members support that. However, we must consider the wider impact, which is why I am keen to investigate the issue on behalf of the agricultural sector. I will keep members updated in due course.
Glasgow City Council (Environmental Improvement)
Recent discussions with Glasgow City Council on environmental improvement initiatives have focused on delivering an excellent green legacy from the Commonwealth games, sustainable transport, and supporting forestry and community projects.
Is the minister aware that, where land can be shown to be contaminated, a local authority has a duty to identify potential hazards and, where necessary, to remediate the land in question? That is particularly important where there are houses on the land. It is intended that the cost of such work should be recouped from the polluter. Can the minister advise my constituents and Glasgow City Council who should pay for such remediation if the polluter is a company that went out of business almost 100 years ago?
To be candid, the honest answer to that question is that I am not sure, but I will seek to get an answer to the member. I would not wish to mislead her and say that I can identify the inheritors of the debts of a company that went out of business 100 years ago.
Diffuse Pollution (South Scotland)
The Scottish Environment Protection Agency is working closely with stakeholders and land managers across Scotland on measures to control diffuse pollution in catchments, with funding available through Scotland rural development programme rural priorities.
I highlight just six farms in my region of South Scotland that are within a 3-mile radius of a farm at Broad Field on the Clyde, which have heavily invested in storage capacity to mitigate the effects of diffuse pollution. They have indeed had the support of SRDP grants. I seek reassurance on behalf of my constituents there and elsewhere that that support can be maintained, as there are now also pressures given the cost of spreading machinery and the issue about fencing that the minister mentioned in answer to a previous question. There is also a concern for tourism—
Will you get to the question, please?
Will the minister please reassure the farming community and tourism sector on the issue?
We continue to place a high priority on this issue. In addition to providing financial support through the SRDP, we are engaging with people who can make what are in some cases fairly simple changes to activities or who can relocate activities in a way that contributes to a significant reduction in diffuse pollution in catchment areas.
Justice and Law Officers
Court Cases (Closed Session)
The decision to hold all or part of a hearing in a closed court is a matter for the presiding judge. There are no proposals to change the law in this area. The existing statutory provisions, supplemented by common-law powers, ensure that the judicial process is held in public unless there are compelling reasons for the court to be closed and the evidence to be heard in private.
I am interested in the term “compelling reasons”. The Cabinet Secretary for Justice and the Solicitor General will be aware of a recent case in Inverness that resulted in criticisms from many in the legal profession. In that case, the media were permanently banned from reporting any details of the trial. The ban could have been contested, but only at a cost of several thousand pounds. Does the Solicitor General agree that the use of such super-injunction powers sets a dangerous precedent and that, in the case in Inverness, the process was not used for the purposes for which it was intended, which she mentioned?
I am aware of that case. The member raises an important issue. I completely agree that court proceedings should be in public so that justice is transparent and is seen to be done, and so that there is confidence in the judicial process. However, there are circumstances in which it is proper to exclude the public. That is done regularly in relation to victims of rape and other sexual offences and in relation to child witnesses, for which there are statutory provisions. The presiding judge also has a common-law power to exclude the public, including the media, and the decision on that is always for the presiding judge. A decision to exclude the media is rare and arises only in exceptional circumstances. I advise the member that the circumstances in the case to which she refers were exceptional.
I share Sandra White’s concerns, which were highlighted to me two weeks ago by The Inverness Courier after Inverness sheriff court was cleared of all press and media during the disposal of one case. Does the Solicitor General share my view that coverage of court cases is an essential element of transparency in justice and that the press should be removed from a courtroom only in the most unique and unusual cases?
To repeat, I completely agree that court proceedings should be in public so that justice is transparent and is seen to be done and so that the public have confidence in the judicial process. Under the common law, the presiding judge can decide, having heard submissions in relation to exceptional circumstances, to exclude the public and the media. That is done very rarely and in exceptional circumstances. I advise the member that, in the case to which he refers, the circumstances were exceptional.
Offences Aggravated by Religious Prejudice (Convictions)
Up to the end of March 2010, 1,514 people had been convicted of religiously aggravated offences. The figure shows why it is vital that the police and courts have an appropriate range of powers available to them to tackle offensive behaviour. The Offensive Behaviour at Football and Threatening Communications (Scotland) Bill, which I introduced earlier this year, will send a clear and powerful signal to football fans and the public more generally that such behaviour is simply unacceptable.
The statistics are a stark reminder of the scale of the problem that we face. We must ensure that sectarian attitudes are challenged wherever they are found. I understand that the Government has funded Nil by Mouth to develop a sectarian awareness package for workplaces across Scotland, which is due to go live in the next few weeks. Will the Government consider making the package available to its staff?
The Government has already indicated that it wants to ensure that workers in all areas of employment throughout Scotland, including our own staff in the civil service and parliamentary staff, have recourse to that package, so I very much welcome Mr Bibby’s intervention in that respect. It is vital that we in the Government lead on this matter, and we will do so.
I thank the minister for her answers on the challenge that lies ahead. Does she agree that one of the ways to tackle sectarianism is to ensure that there is legislation that will root out and deal with all forms of sectarian behaviour, wherever and however it occurs?
Indeed. Robust legislation must underpin the work that we do to tackle sectarianism in Scotland, which is why we introduced the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill in response to some of the ugly scenes that were witnessed earlier this year.
Question 3 has not been lodged by Jenny Marra.
No Knives, Better Lives Initiative
In February, I announced a doubling of funding for 2011-12 to roll out that innovative youth campaign, which has seen a 35 per cent reduction in knife carrying in the pilot area of Inverclyde and a 29 per cent reduction in Renfrewshire.
In July last year, the justice secretary joined members of Renfrewshire Youth Voice for the launch of the no knives, better lives scheme in Renfrewshire at a street football tournament at St Mirren Park. That followed the success of the pilot scheme in Inverclyde, which, as the justice secretary mentioned, resulted in a 35 per cent reduction in knife carrying.
Yes. I enjoyed that visit and I thought that Renfrewshire Youth Voice was an outstanding organisation. I was grateful for the support that was provided by St Mirren Football Club and others, which demonstrated the partnership working that no knives, better lives and other violence reduction programmes seek to build on. The substantial 29 per cent reduction in knife carrying in Renfrewshire is significant and has probably saved lives. I assure the member that we will continue in that direction of travel.
The cabinet secretary is well aware of the tragic consequences of knife crime in my constituency, following the murders of George Mathieson and Reamonn Gormley. I have been in correspondence with the cabinet secretary on the rolling out of no knives, better lives in the South Lanarkshire area. Will he lay out a precise timetable that gives dates for the scheme’s implementation in that area?
Discussions are continuing between Government officials and local partner agencies. I have said that I will make an announcement next month, at which stage timescales will be set out. It would be inappropriate for me to pre-empt next month’s announcement on the matter.
National Police Force (Accountability)
The Government’s consultation on reform of the police service sets out proposals for ensuring the proper governance and accountability of a single Scottish police service.
Over recent years, there have been serious issues of national concern: peaceful protesters have been treated as though they were organised criminals, with attempts being made to bribe and intimidate them; and police have pushed for clearly political changes, such as a move to fully Taser-armed forces. There have also been incidents such as the outrageous arrest of the documentary film-maker Anthony Baxter in Aberdeenshire while he was going about the perfectly lawful business of making a documentary.
We have been considering a variety of models. I visited Northern Ireland recently and we have had input from the Garda Síochána in the Republic of Ireland. We also held an international policing conference, which included representatives from, for example, Norway, Denmark, Sweden, the Netherlands and Luxembourg.
Police and Fire Service Accountability (Dumfries and Galloway)
Reform will strengthen the connection between the services and communities by creating a new formal relationship between each of Scotland’s 32 councils and a designated local senior officer, with significant delegated authority for services in the area. Each council will be able to shape and influence a local police plan and a local fire and rescue plan and will be able to monitor and scrutinise performance against those plans. Councils will also be able to seek reports, answers and explanations from the senior officer.
Does the cabinet secretary believe that we will be able to enhance accountability to local communities? He will be aware that Dumfries and Galloway is a very large area—Dumfries is 70 miles from Stranraer. Will he expand a little on how we may improve the service to smaller, rural communities?
There are legitimate concerns about governance and accountability—both of which Patrick Harvie mentioned—and about centralisation under the change in structures. We are adamant that the change will ensure that all areas benefit from the expertise that must be provided.
Prisons (Transfer of Medical Nursing and Pharmacy Services)
Planning has been concluded for the transfer of healthcare services from the Scottish Prison Service to NHS Scotland. The transfer will take place on 1 November 2011.
Is the cabinet secretary prepared to publish the details of the funding arrangements and the precise services that are being transferred to the NHS for each health board area? Subsequent to the transfer, will the Scottish Prison Service have a general memorandum of understanding with the NHS, and will each prison have a local service level agreement with the NHS to ensure that the new service provides effective services to offenders, particularly those with mental health problems, learning disabilities, personality disorders and drug and alcohol problems?
I am aware of Dr Simpson’s particular interest in the subject and I am grateful for the manner in which he has put his question. A national memorandum of understanding is being set up; it will be published on the SPS website once it has been finalised. Further, local implementation groups have been set up in each health board area to ensure joint planning approaches to the transfer of services. There will be no immediate direct change in services for prisoners.
Single Police Force (Allocation of Resources)
The creation of a single police service will protect and improve local policing across Scotland by removing the inherent duplication across the current eight forces. A single service will also provide more equal access throughout Scotland to specialist policing support and national capacity, such as murder investigation teams and firearms teams, where and when they are needed.
The cabinet secretary is probably aware that Balmoral is in my constituency. Will the funding of policing for royal visits to Balmoral come from the national resource, and will police be deployed to Balmoral from other areas?
The lead force for protection during royal visits is the Metropolitan Police, although at Balmoral they are assisted by Grampian Police. In future, the chief constable of the Scottish police service will determine how his or her resources are deployed across Scotland, but that will include working with the Metropolitan Police to support royal protection at Balmoral or elsewhere.
Scottish Sentencing Council
We are taking forward work to establish a Scottish sentencing council. Options and costs for the creation of a Scottish sentencing council are currently under consideration and a decision will be made in due course.
In the minister’s opinion, what measures will the Scottish sentencing council consider in due course to promote greater public understanding of sentencing practice in Scottish courts?
It is for the sentencing council to decide how best to meet its objectives, including how to promote greater understanding of sentencing practice in our courts. During the passage of the Criminal Justice and Licensing (Scotland) Bill during the previous parliamentary session, there was discussion that the council might wish to do that through raising awareness of how sentencers make their decisions, including the factors that they take into account. It is likely that the sentencing council will also wish to use its powers to submit sentencing guidelines on particular issues. Once approved for use by the appeal court, the intention is that the guidelines will be used to help improve consistency and transparency in sentencing decisions, thus helping to increase public understanding and confidence in our sentencing system.
Question 10 has been withdrawn, but Margo MacDonald has offered me an explanation.
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