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Chamber and committees

Meeting of the Parliament

Meeting date: Thursday, November 29, 2012


Contents


General Question Time


Private Rented Housing (Scotland) Act 2011 (Implementation)



1. To ask the Scottish Government what progress there has been with the implementation of the Private Rented Housing (Scotland) Act 2011. (S4O-01546)

The Minister for Housing and Welfare (Margaret Burgess)

A range of important provisions in the act have commenced, including increased fines for offences under houses in multiple occupation licensing, and landlord registration. Section 32, which clarifies the law on premiums, will commence tomorrow. That means that landlords and letting agents will be permitted only to charge a tenant rent and request a refundable deposit.

In the near future we will produce a strategy for the private rented sector, as well as introducing the new mandatory tenant information pack to improve the accessibility of information available to tenants.

James Dornan

Does the minister agree that local authorities must continue proactively to ensure that landlords are registered properly and that they understand their responsibilities to the communities in which they let properties? Will she assure me that the Scottish Government will continue to monitor the implementation of the legislation and take further action if and when required?

Margaret Burgess

I agree with James Dornan that both local authorities and landlords have a responsibility to improve standards in the sector. The Scottish Government has also offered support to local authorities in their work to tackle the issues in the private rented sector. For example, we have recently provided a third year of funding to Glasgow City Council for landlord registration enforcement activity in Govanhill and surrounding hotspots in recognition of the unique combination of issues in the area. We are also in dialogue with the local authority to ensure that it has the powers that it needs to address the issues.

I assure James Dornan that the Scottish Government continues to monitor the implementation of the legislation and that it will take further action when required.

Apart from meetings of the implementation group, what steps are being taken to increase public awareness of the legislation?

Margaret Burgess

The Scottish Government has undertaken communication activity to raise awareness of the legislation. That includes working with local authorities to ensure that landlords are aware of their duties relating to housing, houses in multiple occupation and landlord registration.

We recently highlighted in the press that the new legislation on the charging of premiums in the private rented sector comes into force from 30 November. We will work with stakeholders, including advice agencies, to ensure that people are aware of what the legislation means for them.


Sewer Network (Guidance to Scottish Water)



2. To ask the Scottish Government what guidance it provides to Scottish Water regarding any problems with the capacity of the sewer network. (S4O-01547)

The Deputy First Minister and Cabinet Secretary for Infrastructure, Investment and Cities (Nicola Sturgeon)

Sewer flooding resulting from lack of capacity in the sewer network is important. In the 2010 to 2015 investment period we have directed Scottish Water to tackle instances when properties are at risk of internal sewer flooding. Scottish Water has made good progress with that programme and it has reduced the numbers of affected properties by more than 60 per cent since 2002. Other improvements in the investment programme mean that a further 300 properties at risk of external sewer flooding have been addressed.

I very much recognise that there is much more to do and we, along with stakeholders, are considering how future investment programmes should address those problems.

Patricia Ferguson

The minister may be aware of the severe flooding that has been experienced by my constituents in Elmvale Row in Springburn over many years, and my constituents have experienced a similar situation a short distance away on Hawthorn Street. I am also supporting constituents who have experienced flooding in Scaraway Street in Milton. All those incidents have occurred because of incapacity in the sewer system and, although not all result in internal damage to properties, many of those properties are being damaged externally, as are outbuildings and cars, for example. Is the guidance on the prioritisation of internal flooding appropriate? Are sufficient resources being provided to address the problem?

Nicola Sturgeon

As I said in my initial answer, over the 2010 to 2015 investment period we have prioritised internal flooding, but that is not in any way to diminish people’s real concerns about external flooding. I am aware of the particular issues in parts of Patricia Ferguson’s constituency, including in Scaraway Street and Elmvale Row. I understand that Scottish Water has written to her in respect of both those locations to provide her with information on the investigations that it has carried out. If the member would like to discuss the matter further with me, I would be very happy to meet her—and I am sure that representatives of Scottish Water would be happy to attend as well—in order that a discussion about what more may be possible can be taken forward.


Commercial Radio (Office of Communications)



3. To ask the Scottish Government what recent discussions it has had with Ofcom regarding the rebranding of commercial radio stations in Scotland and the level of Scotland-specific content that they broadcast. (S4O-01548)

The Cabinet Secretary for Culture and External Affairs (Fiona Hyslop)

The Scottish Government regularly meets Ofcom to discuss a range of media issues. Earlier this week, I met Global Radio to discuss its plans for Scotland, particularly in light of its recent acquisition of the Real Radio stations. In those discussions, I pressed Global Radio on its plans for local content, music and news.

Joan McAlpine

I thank the cabinet secretary for that answer. My concern is indeed the ownership of Real Radio by Global. As she will be aware, Global already owns what started life in Scotland as Beat 106, which was a distinctive Scottish radio station, but now the only Scottish content that it broadcasts is its drive-time show and breakfast show. Does she agree that Maria Miller was wrong not to refer Global’s bid for Real Radio to the Competition Commission and that Ofcom should be doing more to ensure that Scotland has its own distinctive commercial radio?

Fiona Hyslop

I believe that Ofcom should carry out its duties appropriately. Currently, the Scottish Parliament and the Scottish Government do not have powers over those areas.

More specifically, I think that we should hold Global Radio to account, and not just for its specific Ofcom obligations. The member may be interested to know that Global told me categorically that it was not closing down any of the radio broadcasting licences in Scotland that it currently owns, nor will it close down any of the radio stations that it plans to acquire. Global intends to operate the licences as distinct services, with dedicated Scottish programming and news content, and it wants to continue broadcasting peak-time programmes presented by Scottish presenters seven days a week on all its local radio stations. An important point for the Parliament is that Global will continue to operate news services for its Scottish stations that are staffed by journalists based in Scotland making editorial decisions for the benefit of listeners in Scotland. The member may want to reflect on previous decisions by a United Kingdom Government minister, but I think that she and all members in the chamber will expect me to hold the station to account on its word as well as on its specific Ofcom obligations.

Margo MacDonald (Lothian) (Ind)

I have worked in most of those stations. I hope that the minister is aware that the assurances that she has been given about Scottish content means only a Scottish presenter; it does not actually mean that Scottish words will be spoken. The news content is usually trimmed to news bulletins on the hour, which means that there is a very small news staff. I think that she must do more in pressing for much more advantageous decisions by Ofcom as far as Scotland is concerned.

Fiona Hyslop

Clearly, if we had powers over Ofcom in respect of radio obligations, we could certainly do that. I will absolutely hold Global Radio to account on its content and its news content, and I think that the member is absolutely right that this is not just about the presentation of news that is made elsewhere, but about Scottish words and Scottish content. That is why I took an early opportunity to meet Global Radio—precisely to press it on its commitments in that regard.


Trunk Road Maintenance (South-west Scotland)



4. To ask the Scottish Government when it will be in a position to confirm which company will be responsible for trunk road maintenance in south-west Scotland for the next contract period. (S4O-01549)

On 28 November 2012, I announced that Scotland TranServ had been awarded the trunk road maintenance contract for the south-west unit. The commencement of service is 1 April 2013.

Alex Fergusson

I am grateful to the minister for that reply. He will be as aware as I am that, of course, that is under legal challenge, so I cannot ask any further questions about it.

However, the minister will be aware that that has resulted in a delay of what will be—by the time the next contract comes into force—almost a year. I am sure that he is also aware that many subcontractors, many of which are small businesses in my constituency, need assurances that the Scottish Government will continue to monitor and maintain the trunk road network in the region. At this time of year, that obviously includes gritting. Can he give me an assurance that normal service maintenance and repairs will continue to be carried out, and that small businesses in my constituency will not be forced out of business while no formal contract is in place?

Keith Brown

The formal contract is in place. It is not subject to a legal challenge that could prevent it from going ahead. The suspension has been lifted by the court, so the contract will go ahead. An action to seek compensation may still be taken by one of the bidders, but that will not prevent the contract from going ahead. I can give the assurance that the contract will go ahead. The current provider of those services is bound by contract to provide them right through until April next year, so there should be no threat to the local businesses that Alex Fergusson mentioned.

James Kelly (Rutherglen) (Lab)

Trunk road maintenance is a key issue not just in south-west Scotland, but throughout Scotland. As we come up to the winter period, when roads can come under severe pressure because of inclement weather, what discussions has the minister had with councils about providing them with support for road gritting as part of road maintenance programmes?

Keith Brown

A great deal of support has been provided and a great deal of joint working has been done to ensure that we have the salt stocks that we require. The Government holds strategic salt reserves in case any council or other body gets into difficulties with stock. Along with councils, we currently hold in stock more salt than we used during the entire winter two years ago, which was an extremely severe winter.

Beyond that, regular discussions take place with local authorities and others. A lot of joint working is being done with councils through various processes such as the road maintenance review, and the discussions that have taken place have led to commitments to increase joint working in the future. Therefore, I am confident that the work that is being done will mean that each of the organisations that looks after different parts of the road network—whether we are talking about the local authorities that look after local roads or the trunk road operators that look after the trunk roads—is well placed to cope with what we expect to happen over the winter.

The Deputy Presiding Officer (John Scott)

Question 5 has not been lodged. We regret that no explanation has been provided.

Anne McTaggart was to have asked question 6, but it appears that she is not in the chamber.

Alison McInnes has not lodged question 7, but she has provided an explanation.


Crofting Townships



8. To ask the Scottish Government what progress has been made with the development of crofting townships. (S4O-01553)

The Minister for Environment and Climate Change (Paul Wheelhouse)

The Scottish Government is committed to the development of crofting townships through increasing the number of crofters in a township and supporting townships’ plans for growth. Highlands and Islands Enterprise has helped townships across the region in planning their growth development. Implementation of those plans is currently being delivered by various townships. The Crofting Commission has encouraged the development of new crofts through better regulation.

Jean Urquhart

Does the minister agree that the Crofting Commission and HIE need to have a close working relationship to further the interests of the crofting community, particularly in the light of the Crofting Reform (Scotland) Act 2010 and the fact that some notices of eviction are being served?

Paul Wheelhouse

I agree with Jean Urquhart that it is important for the Crofting Commission and HIE to engage in good partnership working, and I am confident that that will be the case, particularly with the appointment of Susan Walker as convener of the Crofting Commission. From her experience in her community of Camuscross and Duisdale, she has good knowledge of the importance of the community development function that HIE has now taken on responsibility for in relation to crofting. I am very confident that the partnership working between HIE and the Crofting Commission will help to address the issues that the member rightly raises.

Rob Gibson (Caithness, Sutherland and Ross) (SNP)

I remind members that all parties supported the Crofting Reform (Scotland) Act 2010. Will the minister ensure that communications between the Crofting Commission and crofting townships as regards development proposals and an exchange of views on neglect and absenteeism are straightforward, so that a sustainable future for croftlands and crofters can be supported?

Paul Wheelhouse

I agree with Rob Gibson that good communication channels are needed. As I set out in my response to Jean Urquhart, we have a great opportunity, because the Crofting Commission’s convener, Susan Walker, is keen to engage with Highlands and Islands Enterprise, given her experience of development issues.

As for absenteeism and the sustainability of croft land, the control of the development of land in the crofting counties is primarily the responsibility of local authorities, which support developments that promote crofting activities. In assessing any development proposals, local authorities—in consultation with the commission as a statutory consultee—undertake careful assessments to ensure that proposals will not be prejudicial to wider crofting community interests.

Highlands and Islands Enterprise has a role in unlocking the potential of rural communities through its development function, as I said. It uses that role to offer opportunities to selected communities in fragile parts of HIE’s area that are willing to take forward ownership of community planning.

When crofters have specific concerns about crofting neglect and absenteeism, they can contact the commission directly, and I encourage them to do that.

Will the minister give an update on the progress that the Crofting Commission is making on creating a simple and practical template form for grazings committees to use as part of their duty to report under the 2010 act?

Paul Wheelhouse

I recognise the issue that Jamie McGrigor raises and I know that there have been tensions in relation to common grazings. Discussions are on-going between the Crofting Commission and my officials with the aim of having a streamlined process and reducing the perception that the duty will be onerous on grazings committees. I would be happy to meet him to outline the action that we are taking to progress the issue.

Rhoda Grant (Highlands and Islands) (Lab)

There is concern in townships that, if grazings clerks are seen to police activities, that will break down the working relationships between grazings clerks and other crofters. Will the minister take that seriously and, if need be, change the legislation to remove the onerous task from grazings clerks?

Paul Wheelhouse

As I said in reply to Jamie McGrigor, I recognise the point that Rhoda Grant makes about tensions and the grazings committee members’ perception that an onerous task has been put on them. I am confident that we can reach a conclusion that will mean less risk that the situation is a problem, but I am happy to meet Rhoda Grant along with Jamie McGrigor to see whether we can address their concerns.


Common Agricultural Policy (Reform)



9. To ask the Scottish Government what recent discussions it has had with the European Commission regarding the reform of the common agricultural policy. (S4O-01554)

The Minister for Environment and Climate Change (Paul Wheelhouse)

The Cabinet Secretary for Rural Affairs and the Environment, Richard Lochhead, has had a number of meetings with Commissioner Ciolos—the most recent was in Edinburgh on 20 September. There is also regular contact between Scottish Government officials and European Commission officials.

As I am sure Bruce Crawford is aware, Scotland has distinct needs that differ from those elsewhere in the United Kingdom. However, for the present round of negotiations, in which Scotland does not have a seat at the top table, Scotland relies on the UK to negotiate a fairer settlement on our behalf.

Bruce Crawford

I understand that Ireland receives over £500 million more in financial support for its farmers from the CAP than we in Scotland receive. Will the minister explain why that is the case? Can the imbalance between what happens in Scotland and in Ireland be changed in the forthcoming negotiations? If not, why not?

Paul Wheelhouse

Bruce Crawford is right: like the vast majority of the other countries in Europe, Ireland receives a far better deal through the CAP budget than Scotland does. We receive the fourth-lowest share of the pillar 1 budget, which is the single farm payment, and the lowest pillar 2 payment. Given Scotland’s distinct agricultural needs, that issue must be addressed. The cabinet secretary is doing his utmost to gain the UK Government’s support for making that a priority. I hope that the whole Parliament and not just my colleagues in government will support the cabinet secretary’s efforts to ensure that our farmers and crofters have a future in agriculture.

Given what the minister just said, will he please explain why Scottish National Party members of Parliament in Westminster voted to slash the CAP budget?

He won’t find that in his notes. [Laughter.]

Paul Wheelhouse

The Scottish Government supports the European Commission proposal that would mean a real-terms cut of about 10 per cent in the CAP budget. However, we oppose the additional cuts that the UK Government and now Mr Van Rompuy want, which would mean further cuts to CAP receipts.

Direct payments and rural development funding play a vital role in supporting food production and preventing land abandonment in Scotland. As I said, Scotland already receives the fourth-lowest pillar 1 payment and the lowest pillar 2 payments anywhere in Europe. It is worth stating that, if the UK gains any additional funding through convergence proposals, it will be because Scotland’s payments are so low, and we expect the UK Government to reflect that in an allocation to Scotland.