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Chamber and committees

Meeting of the Parliament

Meeting date: Thursday, September 29, 2011


Contents


Scottish Executive Question Time


Rural Affairs and the Environment

Question 1 has not been lodged.


Loch Lomond and the Trossachs National Park Authority (Meetings)



2. To ask the Scottish Executive when it last met representatives of the Loch Lomond and the Trossachs National Park Authority and what issues were discussed. (S4O-00215)

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.

Jackie Baillie

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.

Will the minister suggest to the national park authority that it takes action quickly to resolve the matter before any local businesses close?

Stewart Stevenson

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.

Without commenting specifically on the Luss visitor centre and other centres, I point out that the programme has been a successful initiative by the park authority to raise further money, which has been reinvested in communities such as Luss. There are benefits to it, albeit that there are remaining concerns that must be resolved at the October meeting.


Scotland Rural Development Programme (Application Process)



3. To ask the Scottish Government what steps it is taking to speed up the application process for the Scotland rural development programme. (S4O-00216)

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

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?

Richard Lochhead

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.

Alex Fergusson (Galloway and West Dumfries) (Con)

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.

Richard Lochhead

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.

There are many administrative European Union regulatory checks—including a 5 per cent inspection requirement—that must be carried out before any claims can be paid. As members can imagine, that often slows up the process. There are lessons to learn about how we administer the scheme in Scotland, but we must also ensure that Scotland’s voice is heard in Brussels so that the next rural development programme is simpler, as the member calls for and as I would certainly support.

I call Margaret McDougall to ask question 5—[Interruption.] I apologise—I have missed out question 4.


Cereal Farmers (Wet Weather Assistance)



4. To ask the Scottish Government what it can do to aid cereal farmers whose crops are in jeopardy as a result of unusually wet weather.??? (S4O-00217)

That was the weather before this week.

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

I thought that I was going to get off lightly.

The 2011 harvest has been difficult for farmers because of unfavourable weather conditions. The Scottish Government has stayed in regular touch with the industry throughout these challenging weeks. It is fortunate that crop maturity has been relatively late this year, so crops were not ready to harvest until later than usual. Conditions in the past few days have allowed farmers at least to make progress. The Government is collating data on crop yields, which we will publish next month.

Rob Gibson

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.

Can the Scottish Government help farmers and crofters to install small renewable equipment to reduce the cost of drying malting barley during future wet-weather episodes?

Richard Lochhead

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.

I am interested in considering the issue that Rob Gibson raises—the help that can be made available to farmers around Scotland to put in place the equipment to mitigate such situations in the future. That is on our agenda, and I will write to him with an update.

Jim Hume (South Scotland) (LD)

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?

Richard Lochhead

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.

On the budget cut to which Jim Hume refers, we are trying to subsume many such budget cuts within our portfolios through internal administration costs. The Parliament would agree, I think, that that is a better route than cutting front-line services. That approach will be our focus.

The budget is difficult and times are difficult, but I am confident that the effect on Mr Hume’s constituents will not be too adverse.

We now have question 5.


Scottish Environment Protection Agency (European Bathing Water Directive)



5. To ask the Scottish Executive what plans it has to meet the Scottish Environment Protection Agency to discuss the European bathing water directive. (S4O-00218)

Scottish Government officials are in regular contact with the Scottish Environment Protection Agency and other stakeholders on the protection of Scotland’s bathing waters.

Margaret McDougall

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?

Stewart Stevenson

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.

It might be worth saying that I have sought to discuss with officials whether our approach to monitoring our beaches, which involves a uniform number of inspections of each beach, is appropriate. I have asked whether we should move to a risk-based system in which we inspect beaches that have a history of intermittent or regular failures.

I have discussed the subject with my officials. What Margaret McDougall said will add something of value to future discussions.

John Scott (Ayr) (Con)

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?

Stewart Stevenson

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)



6. To ask the Scottish Executive what action it is taking to support farmers and crofters in controlling bracken. (S4O-00219)

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

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.

Jamie McGrigor

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?

Richard Lochhead

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)



7. To ask the Scottish Government how much farmland is leased to Forestry Commission Scotland. (S4O-00220)

The Minister for Environment and Climate Change (Stewart Stevenson)

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.

Stewart Stevenson

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.

It is clear that leasing can play an important role. The cost of afforesting a hectare of ground under leasing arrangements is about 50 to 55 per cent of the cost of purchasing and then afforesting that land. Therefore, it is a useful supplement to the other efforts that Forestry Commission Scotland is making to meet our target of moving from 17.5 per cent of our country being afforested to 25 per cent.


Distillery By-products (Biofriendly Renewable Energy)

Mary Scanlon (Highlands and Islands) (Con)



8. To ask the Scottish Executive what discussions the Cabinet Secretary for Rural Affairs and the Environment has had with the Cabinet Secretary for Finance, Employment and Sustainable Growth regarding using distillery by-products for biofriendly renewable energy. (S4O-00221)

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

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.

Mary Scanlon

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?

Richard Lochhead

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)



9. To ask the Scottish Executive what recent discussions it has had with Glasgow City Council concerning environmental improvement initiatives. (S4O-00222)

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.

Patricia Ferguson

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?

Stewart Stevenson

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)

Claudia Beamish (South Scotland) (Lab)



10. To ask the Scottish Executive, in light of the four recent negative Scottish Environment Protection Agency beach monitoring reports in South Scotland, what financial support it will provide specifically to help farmers tackle diffuse pollution. (S4O-00223)

Actually, there were two recent negative Scottish Environment Protection Agency beach monitoring reports in South Scotland and four in the whole of Scotland. I apologise for that.

The Minister for Environment and Climate Change (Stewart Stevenson)

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.

Claudia Beamish

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?

Stewart Stevenson

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)



1. To ask the Scottish Government whether it is considering changes to the law governing the holding of court cases in closed session. (S4O-00224)

The Solicitor General for Scotland (Lesley Thomson)

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.

Sandra White

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?

The Solicitor General for Scotland

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.

David Stewart (Highlands and Islands) (Lab)

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?

The Solicitor General for Scotland

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)



2. To ask the Scottish Executive how many people have been convicted under section 74 of the Criminal Justice (Scotland) Act (2003). (S4O-00225)

The Minister for Community Safety and Legal Affairs (Roseanna Cunningham)

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.

Neil Bibby

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?

Roseanna Cunningham

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.

George Adam (Paisley) (SNP)

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?

Roseanna Cunningham

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.

Introducing the bill was the right action to take. Ninety-one per cent of Scottish people believe that we need to take tougher action to tackle sectarianism and offensive behaviour at football, but sectarianism is, of course, not just a football problem. We are looking at a number of actions to tackle sectarianism across Scottish society, which is why we support groups such as Nil by Mouth and the Iona Community in all the work that they are undertaking in that area. The issue is about more than just legislation; it is also about the work that is done in society as a whole.

Question 3 has not been lodged by Jenny Marra.


No Knives, Better Lives Initiative



4. To ask the Scottish Government what its plans are for rolling out the no knives, better lives initiative across the country. (S4O-00227)

The Cabinet Secretary for Justice (Kenny MacAskill)

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.

After a successful pilot in Inverclyde, no knives, better lives was rolled out to north Edinburgh, Glasgow, Clackmannanshire, West Dunbartonshire and Renfrewshire throughout 2010-11. The initiative has continued in those areas, and we have been in discussion with a number of local authorities about the possibility of extending it. I will announce the new areas next month.

Stewart Maxwell

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.

It is welcome news that the initiative is being rolled out, but will violence reduction initiatives in Renfrewshire continue to be supported to ensure that recent progress in reducing serious violent crime in the local community can be built on?

Kenny MacAskill

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.

James Kelly (Rutherglen) (Lab)

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?

Kenny MacAskill

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)



5. To ask the Scottish Executive what national and local accountability mechanisms there will be to prevent the politicisation of the proposed national police force. (S4O-00228)

The Cabinet Secretary for Justice (Kenny MacAskill)

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.

We propose to establish a Scottish police authority that will govern the service and hold the chief constable to account. That will ensure a clear separation between Scottish ministers and the chief constable. The Scottish Government will not be able to give instructions to the chief constable of the service. The chief constable will be responsible for managing and leading the service. The Lord Advocate will continue to have sole responsibility for the independent direction and control of criminal investigations, and the chief constable will continue to be accountable to the Lord Advocate on those matters.

At local level, reform will strengthen the connection between services and communities by establishing a new, formal relationship between each of Scotland’s 32 councils and a designated local commander, which will result in many more local elected members being involved in the democratic oversight of policing in their area.

Patrick Harvie

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.

Is it not clear that, as well stronger local accountability on operational issues, a mechanism is needed for strong national accountability when such issues arise? What models from around the world is the Government considering, and what role does the cabinet secretary envisage the Parliament having in holding a national police force to account on such national issues?

Kenny MacAskill

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.

At the end of the day, we need to do what is right and appropriate for Scotland. The member mentioned a number of matters. We must ensure local and national accountability. We must also factor in the separation of powers and the Lord Advocate’s appropriate role in investigations. It is also appropriate that the Parliament has a role.

We have not set out to follow any particular model from any other jurisdiction. Good practice exists around the world, and we want to engage in considering how to get the best method of accountability and governance for the Scottish police service, which has served us well and will continue to serve us outstandingly. That is why we are having the consultation.


Police and Fire Service Accountability (Dumfries and Galloway)



6. To ask the Scottish Executive how police and fire service reform will enhance the services’ accountability in Dumfries and Galloway. (S4O-00229)

The Cabinet Secretary for Justice (Kenny MacAskill)

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.

The creation of a single Scottish police service and a single fire and rescue service will also give all communities, urban and rural, more equal access to specialist support and national capacity—such as murder investigation teams, firearms teams and fire investigations teams—where and when they are needed.

Joan McAlpine

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?

Kenny MacAskill

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.

For example, Dumfries and Galloway has only one whole-time fire station. Retained officers do an outstanding job and we are extremely grateful to them, but the challenges that we face—flooding, chemicals and an array of other matters—mean that we need to prepare for every eventuality. Although retained officers do an outstanding job protecting their communities and dealing with exceptional circumstances, we require a greater level of expertise that can be spread around the country.

We look to maintain wherever we can the front-line services that are necessary. We will maintain the numbers of officers—particularly police officers—that we put into our communities. We will ensure that the expertise that is necessary for every eventuality is provided for, because we know that eventualities can strike not only urban areas but rural areas. I also assure the member that we will ensure accountability to the local community, which goes back to the points that I made to Mr Harvie.


Prisons (Transfer of Medical Nursing and Pharmacy Services)



7. To ask the Scottish Executive whether negotiations have been concluded and a date set for the transfer of medical nursing and pharmacy services from the Scottish Prison Service to the national health service. (S4O-00230)

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.

Dr Simpson

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?

Kenny MacAskill

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.

As I understand it, there will be no memorandum of understanding at the local level. There is the national agreement and obviously matters are on-going at the local level, but I confirm to Dr Simpson that officials will be more than happy to provide any further information that he wishes to have, and I will be more than happy to hold discussions with him if he wishes.


Single Police Force (Allocation of Resources)



8. To ask the Scottish Government how the creation of a single police force will benefit the allocation of police resources throughout Scotland. (S4O-00231)

The Cabinet Secretary for Justice (Kenny MacAskill)

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?

Kenny MacAskill

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



9. To ask the Scottish Government what progress is being made toward creating a Scottish sentencing council. (S4O-00232)

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?

Kenny MacAskill

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.