Justice and Law Officers
Scottish Policing Board (Structural Reforms)
Papers presented to the last meeting of the Scottish policing board on 13 September by the Association of Chief Police Officers in Scotland showed that efficiency savings alone are unlikely to be sufficient to meet the scale of financial challenges beyond 2012-13 and recommended further work to explore other options to release additional savings. I welcome that work, which will be taken forward with the Convention of Scottish Local Authorities and policing partners, and I look forward to hearing the initial findings at the board’s next meeting on 6 December.
The cabinet secretary’s actions appear to have prejudged the outcome of that work, in that he has already written to police authorities to instruct them that, given the current context of financial pressures, they should discuss upcoming chief officer vacancies with the Scottish Government before initiating a recruitment process. That effectively gives the cabinet secretary a veto on the appointment of chief police officers.
I do not have that power. The letter to police board conveners points out that it would perhaps be more appropriate to have contracts for periods of three years rather than five years, as has been the norm. My interpretation of the letter is not the same as Mr Smith’s.
Methadone (Prisoners)
The Scottish Prison Service substance misuse strategy, which was published in July this year, focuses on recovery, in line with Scottish Government policy. One in five prisoners is prescribed methadone, and in the vast majority of those cases—85 per cent—there is a continuity of prescriptions that were initiated in the community. According to the 2009 prisoner survey, 23 per cent of prisoners who are on methadone are on a reducing dose as part of their recovery programme.
Does the minister think that that percentage is big enough? He will be aware of the recent figures showing that just 157 of the 777 participating prisoners are on a reducing dose. Does he share the widespread concern over the revelation that 80 per cent of the prisoners concerned are essentially being parked on methadone and forgotten about? What action will he take to improve the continual monitoring of prisoners on methadone, with as many of the prisoners as possible given appropriate support to reduce their methadone dosage with a view to coming off methadone altogether?
Methadone is a drug for which there is a very legitimate use, and all the evidence confirms it—that is the fact of the matter.
Does the minister share my concern about the problem of drug use in prisons, which was highlighted in last week’s report from Her Majesty’s chief inspector of prisons? The report showed that 17.5 per cent of prisoners tested positive for drugs on leaving jail, and came on the back of the revelation that there were 1,800 drug finds in prison, which is clearly a serious concern. What steps is the Government taking to address the situation?
Of course we acknowledge that concern. Indeed, we recently debated the issue thoroughly in an excellent debate, in which there was an acknowledgement across the board of this huge and difficult problem. However, there has not been a recognition of all the work that has been done in prisons. I will refer to some of that work. Last year, the Scottish Prison Service undertook 19,650 tests on 23,122 admissions. I say that to provide a little bit of perspective and to put the other side of the case about the work that is done day and daily by those in our Prison Service who work on the health side, the prison officers and the governors, who are all doing great things. It is very difficult to provide comprehensive treatment for those on short sentences, because there ain’t enough time to provide the structured programme of support that is required. Therefore, the more that people who are currently given short sentences instead do more suitable community payback, the more effectively we will be able to tackle drug addiction problems in Scotland.
In the very informative debate on the Scottish Government’s drugs strategy, the minister outlined the vital role that naloxone plays in saving the lives of heroin addicts. What role does he believe that naloxone can play for prisoners both inside prison and on their release?
Gil Paterson is entirely correct. The Scottish Government is starting with the Scottish prisons naloxone programme. The pilots that preceded the rolling out of that programme showed that there were 55 instances where naloxone—an opiate antidote—was used to bring people back from drug overdoes. That means that potentially 55 lives in Scotland have been saved.
European Convention on Human Rights
The ECHR has been incorporated into Scots law, and the Scottish Government therefore takes it into account in considering any possible changes to the law. Any question as to whether a specific provision of Scots law is incompatible with the ECHR would be for the courts to determine.
Will the minister explain why the Lord Advocate has issued guidelines in relation to police questioning of suspects? Does the Scottish Government have any plans to change its programmes in relation to any matter concerning human rights?
As Ms McNeill may be aware, the position regarding the Lord Advocate’s guidelines goes back to the case of Cadder v HMA, which raises an ECHR matter relating to the case of Salduz. It is a matter of great concern. The difficulty for this Government is that we do not have the protection that other Governments have, whether south of the border or elsewhere, because of the incorporation of the ECHR into the Scotland Act 1998.
Antisocial Behaviour Notices (Landlords)
I am grateful for Sarah Boyack’s continued interest in that area and the proposals that she discussed with the Minister for Housing and Communities on 2 June. I met the minister on 1 July to discuss those proposals further, and since then I have taken an on-going interest.
I welcome the minister’s answer and his acknowledgement of my interest in the issue, but my constituents still suffer the impact of relentless partying and antisocial behaviour while landlords sleep easy at night and rake in the money.
I acknowledge Sarah Boyack’s interest, and I know that Shirley-Anne Somerville and Malcolm Chisholm have also been pursuing the matter. It is a serious issue, and I accept that all existing powers should be used in the way that Sarah Boyack describes.
Question 5 has been withdrawn.
Prisons (North-east Scotland)
As part of the formal planning process, a pre-application screening notice was submitted in August 2010. Public consultation will take place with community groups on 20 October and an open public presentation will be made on 21 October.
According to reports, 150 prisoners from Peterhead prison are being moved to Glenochil prison. Why is that happening now, when planning permission has not yet been granted for HMP Grampian, which—as the cabinet secretary said—is not due for completion until 2014?
There are two aspects to what is happening: the Peterhead aspect and the Aberdeen aspect. I will deal with the Peterhead aspect first.
Given the successful partial relocation of some women offenders back to Craiginches prison, is it not more important that we now have a community prison that serves all types of prisoners in the north-east?
Absolutely. I welcomed the invitation from the governor of Craiginches to meet some of the women prisoners who were on training for freedom to try to break the cycle of reoffending that so blights Scotland. The whole purpose of HMP Grampian is to have a community-facing prison so that women are not uniformly sent to Cornton Vale and young offenders to Polmont and to ensure that those who have to be incarcerated because of the offences that they have committed and the danger that they pose are located closer to their communities and families in an attempt to break the cycle of reoffending. We all know that what breaks that cycle for offenders is, in the main, having the opportunity to go back to a home, maintain contact with family and reintegrate into the community that they left.
The cabinet secretary said that he expected the contract to be awarded in around 2011. Can he be more specific?
No, I cannot. Awarding contracts usually means going through formal tendering procedures. It would be entirely inappropriate for the Cabinet Secretary for Justice to go into quasi-legal and commercial matters that are best dealt with under planning and commercial contracts legislation.
Open Prisons
Scottish Prison Service staff in the closed and open estate work closely together to ensure that all those prisoners who meet the criteria for open conditions and who would benefit from the open estate regime are located there at the most appropriate point of their sentence.
Earlier, the cabinet secretary mentioned training for freedom. Does he accept that we are now in a rather unhelpful and wasteful situation in which the open estate, which is very much focused on training for freedom, is operating at about 60 per cent capacity whereas the closed estate remains substantially overcrowded? Given that most of the prisoners in the closed estate will be released at some point, does the cabinet secretary agree that the underuse of the open estate might result in greater risk to the public from prisoners who have committed serious crimes being released direct from the closed estate? Will he have a fresh look at the issue across the whole estate and take account of all the risks to the public?
I accept the spirit in which Mr Brown asks his question. We all recognise that there is underuse, and the figure of 60 per cent is correct. However, I think that the situation is the result of the Scottish Prison Service being a victim of its own success. Quite correctly, procedures have been tightened up. When I had to stand in this chamber and make a statement about Robert Foy, everyone was extremely concerned about which categories of prisoner were held in the open estate. It is not a question of the underuse of the open estate; it is a question of its appropriate use. We would like more use to be made of the open estate because when there is undercapacity it is clear that we are not getting the best benefit from it.
Will the cabinet secretary comment further on the success of the reforms in cutting the number of abscondees?
There has been significant success, which again comes down to the action taken by the Scottish Prison Service. The Robert Foy incident was horrendous for the victim and the community and we had to take action. A review was requested, and it was carried out by Professor Alec Spencer.
Question 8 has been withdrawn.
Court Processes
Reforms of the High Court and summary justice have resulted in faster justice and many victims being spared the stress of giving evidence. A review of sheriff and jury procedures was recently completed by Sheriff Principal Bowen, who made proposals for achieving similar benefits. Although good progress has been made, there is scope to improve efficiency and effectiveness in the summary courts, and work is going on at national and local level.
I think that from time to time all members meet constituents who have horrific stories to tell about their experiences in court as victims, when they felt that they were treated with a lack of compassion and a lack of understanding of their experience and interests. Such people have a strong feeling that nobody stands with them in court. I acknowledge that work has been done in the past in that regard.
I assure the member that that has always been the Government’s direction of travel. We supported such an approach when we were in opposition. The issue cannot be tackled in one legislative measure; it is about changing not just laws but culture and attitudes. The Lord Advocate deserves great credit for her service to the current Administration and the previous Administration in that regard.
Rural Affairs and the Environment
Waste (North-east Scotland)
Progress continues to be made in diverting waste from landfill in the north-east. For instance, two in-vessel composting facilities have recently opened, with the support of the Scottish Government and zero waste Scotland. Together with existing facilities, the new composting facilities divert food, garden and other organic waste from landfill, reducing climate change impacts, producing fertiliser or soil additives that are used on local farms and, in the case of anaerobic digestion, producing a biogas that can be used for renewable energy.
Can the cabinet secretary confirm that he has had to suspend the provisions that would have resulted in fines on Aberdeen City Council for failing to meet its diversion targets? Will he confirm that he does not intend to impose the fines retrospectively? Will he say what steps he has taken, as the responsible minister, to ensure that the council does not again find itself in the position of failing to meet its targets on diversion of waste from landfill?
We agreed with all councils in Scotland that the penalties would be suspended, not cancelled, in the light of the need to work closely together during the next few years, as we have done in the past few years, to achieve Scotland’s national targets.
Will the cabinet secretary join me in congratulating Keenan (Recycling) Ltd on its work in diverting food waste from landfill by picking it up from major oil companies, other firms and hotels and restaurants in Aberdeen and throughout the north-east? What steps does he think can be taken to increase the amount of food waste that can be diverted from landfill?
I join the member in congratulating Keenan (Recycling), which has started commercial food waste collection in Aberdeen. That is a major step forward in collecting relevant waste from the commercial sector for recycling and getting the benefits that I talked about in my response to Lewis Macdonald.
Question 2 was not lodged.
Flooding (Inverclyde)
Through the Flood Risk Management (Scotland) Act 2009, the Scottish Government has introduced a more sustainable and modern approach to flood risk management, suited to the needs of the 21st century and to the impact of climate change. The act provides the framework within which Inverclyde Council, the Scottish Environment Protection Agency and Scottish Water, working together, have duties to assess, map and act to reduce flood risk in Inverclyde. I am sure that no council would wish to be in breach of that duty.
The Scottish Government’s contribution to the Inverclyde flood action plan for 2010-11 is just £60,000, compared with the £500,000 that Inverclyde Council has allocated from its own reserves. Although there is an IOU for more funding—whatever that means, in these times—from 2012 onwards, a conservative estimate is that the cost of dealing with Inverclyde flooding would be nearer £10 million. Given that SEPA has acknowledged that special recognition should be given to coastal communities such as Inverclyde, what progress has been made in ensuring that increased and appropriate funding is made available to the Inverclyde area and others?
Duncan McNeil will be well aware that the arrangements for ensuring that flood protection money was made available to councils changed after 2007. I am surprised that he wants to go into this area because, from 1999 to 2007, an average of only £5.5 million a year was spent on flooding, but in 2007-08, that sum rose to £32.4 million and, in 2008-10, the figure was £42 million.
The minister is well aware of my long-standing interest in flooding in Inverclyde. Can she provide any guidance to the council’s current Labour-Conservative-independent administration that would force it into action, as opposed to the decades of inaction on the part of that administration and previous ones?
I am well aware of Stuart McMillan’s long-standing interest in the matter and, at his invitation, I visited the area last year to see the difficult problems that were beginning to be experienced. I hope that all local authorities will carefully examine the new duties that they must now comply with. It might be that many local authorities must bring themselves up to speed with regard to their understanding of the implications of the new legislation. It is difficult to see how much more any Government can do. The hammer of legislation is now in place and councils’ duties are clear. I hope that no council—Inverclyde included—will wilfully ignore what it is now required to do.
I call John Scott. Mr Scott, I remind you that this question is about Inverclyde.
The minister will be aware that the flooding problems of Inverclyde also similarly occur in several residential areas of Prestwick, particularly around Grangemuir Road, with repeated discharges of raw sewage onto streets and footpaths. However, Scottish Water, whose liability this is, is not currently funded to deal with external sewerage flooding. Will the minister consider what steps can be taken to deal with this situation in my constituency and, indeed, in Inverclyde, and with similar situations across Scotland, so that Prestwick residents and others no longer have to put up with raw sewage being discharged onto their streets?
Good try. It is just as well that I am in a good mood.
I congratulate John Scott on his good try. In fairness to him and to other members, I say that there is increasing awareness that pluvial flooding, as well as fluvial flooding, can bring major difficulties. Scottish Water is aware that it has to address many of its responsibilities in respect of the sewerage system, which can cause problems—it has done so in many constituencies, including mine—that might not otherwise exist. We are actively addressing the issue and I hope that John Scott will not be disappointed in the future.
Scottish Food and Drink
The Scottish Government has launched Scotland’s national food and drink policy, through which we will work with a range of stakeholders including Scotland Food & Drink Ltd, our enterprise bodies, Scottish Development International and VisitScotland to grow Scotland’s reputation as a land of food and drink.
Will the cabinet secretary join me in welcoming the recent announcement of 100 extra jobs at Vion Food Scotland Ltd’s food processing plant in Cambuslang? It is a tremendous tribute to the workforce and the team that Vion put in that they have turned around the situation in which 144 jobs were lost last year. The announcement builds a tremendous platform, not only for Cambuslang, but for the wider Scottish economy.
I join the member in warmly welcoming the additional jobs at the Vion food processing plant in Cambuslang. I also join him in paying tribute to the workforce, who have put some uncertainty behind them and turned it into good news. It is a sign of the confidence in Scotland’s food sector, and particularly the meat processing sector, not only in the member’s constituency but elsewhere, given that Vion has also provided good news in Coupar Angus, where it has a significant workforce. I also pay tribute to all the agencies that have been involved and point out that the Scottish Government has worked closely with the company in recent months and years. I am glad to see that its heavy investment in Scotland is paying dividends.
I will turn to Scotland’s fish. What discussions has the cabinet secretary had with the European Commission and the United Kingdom Government on the mackerel dispute with Iceland and the Faroe Islands?
The member raises an important issue for the future of many fishing communities in Scotland. The mackerel fishery is Scotland’s most valuable fishery, which is why the Scottish Government is working with the UK and other member states in Europe and treating the issue very seriously. The fact that the Icelanders and the Faroese have set no quotas poses a significant risk to a stock that has been sustainably managed for the past 10 years.
Waste Processing Facilities
The Scottish Government has met a number of local authorities that are involved in the joint procurement of waste treatment facilities. The Scottish Futures Trust and zero waste Scotland, which provides expert advice and assistance on a number of waste issues on behalf of the Scottish Government, also regularly meet local authorities to discuss joint working and procurement matters.
The cabinet secretary said in his answer to an earlier question that he was at the official opening of the Deerdykes facility in Cumbernauld, which is in Central Scotland. I was also present at the opening of the facility, which is Scotland’s largest organic recycling facility. Does the minister agree that, with a view to meeting the targets that are outlined in the zero waste plan, greater co-operation is needed between local authorities and public bodies if we are to deal with waste appropriately, as is the case at the Deerdykes facility, which not only processes garden waste and waste food but converts it to usable green energy and heat?
I certainly hope that the fantastic project that was opened in Cumbernauld will be replicated throughout Scotland. That would play a major role in taking Scotland down the zero waste road.
I presume that the cabinet secretary will be aware that the Scottish Futures Trust considers that much more investment is required in Scotland to meet waste management needs over the next 10 years. Does he agree that it would be better for Government to provide waste processing facilities directly, which would allow emphasis to be placed on local environmental justice, than to allow private profiteers to enrich themselves to the detriment of our communities?
I am not sure whether the member is living in a parallel universe. She may be aware that the UK Government is about to impose massive budget cuts in Scotland, which we are doing our best to resist. It would be helpful to have her support in that—I am sure that she will provide it—so that, in the future, the capital funds are available, for local authorities in particular, to fund waste treatment facilities.
Milk Prices
Dairy farmers deserve a fair price for their milk. The Scottish Government is holding a further dairy summit in November and has supported dairy farmers with over £13 million of funding since 2007. In addition, Scottish dairy farmers have received £2.5 million from the European Union dairy fund in the past year to help those who have been severely affected by changes in demand and prices over the past year. Dairy prices are, of course, set by the market, and competition law prevents the Government from being involved directly. It is up to an individual milk producer to discuss pricing arrangements with its registered milk purchaser.
I thank the cabinet secretary for his response. In 1998, there were 43 milk producers in the Highlands and Moray. Today, there are just 11. There is no doubt that dairy farmers in that area and across Scotland need a fairer price for their milk to ensure survival.
The member has made a number of good points. It certainly appears to be the case that retailers’ competition for market share is being funded to a degree by the low prices that are paid to producers. That is wholly unacceptable for the sustainability of the dairy sector in Scotland. It is vital that dairy farmers get a fair share of every pound that is spent on milk.
Green Cities
We are working with other organisations in a range of policy areas to encourage changes to our cities to make them greener places. Examples include the sustainable Glasgow project, which proposes a range of initiatives to reduce the city’s carbon emissions and includes the creation of urban woodland on vacant land. Another is the central Scotland green network, which aims to achieve a step change in environmental quality in and around the cities and towns of the central belt. It is one of the largest green network initiatives, if not the largest, in Europe.
I thank the minister for her extremely comprehensive reply, in which she mentioned various projects. She will be aware of the project called grow your own in Glasgow—in particular, in the Anderston and Partick areas—which encourages local communities to take ownership of derelict land to create gardens and allotments that can be enjoyed by all residents. Will that project be included in the green network? Will she consider visiting it?
I am happy to visit any such project anywhere, including in Glasgow. In the near future, I will be in Drumchapel in Glasgow to look at some similar initiatives. I am aware of the project that the member mentioned. There are a great many such opportunities in cities, including Glasgow. They are extraordinarily important in bringing people to an understanding that green issues are not confined to rural Scotland but are part and parcel of urban Scotland, too. The people who run the project that Sandra White mentioned should get in touch with the CSGN, as they might find an open door and a willing ear to listen to what is happening in the inner city in Glasgow.
Question 8 was not lodged.
Portencross Coast Site of Special Scientific Interest
Scottish Natural Heritage has advised that it intends to await the outcome of the application by Ayrshire Power Ltd at Hunterston before it considers the renotification of the Portencross coast site of special scientific interest. However, SNH will review the position if the application is withdrawn or delayed significantly.
The difficulty with SNH’s current position is that the public are entitled to know what are the boundaries of the SSSI that SNH, as the relevant statutory body, seeks to protect. SNH has not disclosed what the boundaries might be after the renotification, but it is nonetheless prepared to enter negotiations with a private developer and to disclose to it what the boundaries might be. I believe that to be unsatisfactory and not in the public interest.
I would be in a slightly difficult position if I got into too open a discussion about what might be a commercial conversation—especially about just one half of the conversation that is being referred to. There is an existing SSSI, and the renotification does not change the duty to protect it. I take on board Ross Finnie’s point about the currently available information on the existing boundaries. I cannot answer the question whether those boundaries would change under renotification, but I will have a conversation with Mr Finnie to discuss the issue further, because there might be a way in which I can help to get that information.
I will call question 10 if the minister and the member are very brief.
Johne’s Disease
The Scottish Government contributed £0.25 million to a United Kingdom prevalence study, which reported in 2009 that Johne’s was present in around a third of UK dairy herds.
I will be brief. Farmers in the north-east are facing problems tackling Johne’s disease and bovine viral diarrhoea. What input may farmers in the north-east make to the activities that are going on?
We have a range of inputs from farmers in the north-east and throughout Scotland on tackling Johne’s disease, which costs the industry a great deal of money—a cost that could be avoided—and other animal diseases. That is certainly one way in which to increase profitability and to address other issues in the livestock sector in Scotland. I assure the member that the farming industry is working hand in hand with the Government on the issues.
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First Minister’s Question Time