Justice and the Law Officers
Criminal Justice Bodies (Document Retention Policies)
The Public Records (Scotland) Act 2011 promotes efficient and accountable record keeping by Scottish public authorities. It requires each body to prepare and implement a records management plan, which must set out proper arrangements for the management, archiving and disposal of the body’s records. Each plan must be submitted to the keeper of the records of Scotland for assessment and agreement. The keeper has published on the National Archives of Scotland website a timetable by which named bodies must submit their plans. The website also includes the keeper’s assessment of the plans that have been submitted to date. Scottish ministers have no separate proposals to review the document retention or disposal policies of criminal justice bodies.
I thank the minister for her reply, which was useful. What advice would she give to an individual whose ability to challenge decisions made by the criminal justice system has been hampered by an unclear document retention policy that means that the documents that are most vital to him are no longer available?
Document retention and disposal policies are operational matters for each of the public bodies that are involved, which have to take account of relevant statutory provisions, for example under the data protection legislation. It is important that bodies in the criminal justice system have in place robust arrangements for the retention and destruction or disposal of relevant public records that they hold.
HM Prison Grampian
HM Prison Grampian will be Scotland’s first community-facing prison and it will accommodate men, women and young people from the north-east of Scotland. It will provide offenders with the ability to maintain close links with families and communities, which is intended to help them to desist from offending and to better reintegrate with their communities in the north-east and elsewhere on release.
I welcome the cabinet secretary’s comments. Given that the primary objectives of a prison are community safety and the reform of convicts, does he agree that the previous success of Peterhead prison’s specialist sex offenders unit is an excellent base on which HMP Grampian can build?
Absolutely; I agree with that. There was outstanding expertise at that unit. This morning, I was at the Prison Officers Association conference in Peebles, at which the unit was being commemorated and officers from Peterhead prison were present. Their expertise will be used and shared across the prison estate, and I say on the record that we should all express our gratitude to those officers at Peterhead prison for the outstanding expertise that they built up. I assure the member that those skills will now be shared across the prison estate.
The cabinet secretary will be aware that our prison population is rising. The Government’s forecast is that there will be 9,500 prisoners incarcerated in the coming years. Does he intend to build more prisons?
The question should be about HMP Grampian and the north-east, but I invite the cabinet secretary to answer if he wishes.
We have a prison replacement programme under way. HMP Inverclyde will replace HMP Greenock and there will be a new prison in the Highlands to replace HMP Inverness. [Kenny MacAskill has corrected this contribution. See end of report.] A replacement will also be necessary for HMP Barlinnie. It is our view that we have enough capacity currently, and the Scottish Prison Service accepts that view. When I was speaking at the Prison Officers Association conference, I said that I recognise that new prisons are built not simply for the benefit of inmates who have to be rehabilitated and reformed but for the safety and comfort of the people who have to work with them. On that basis, we have a prison building programme that will proceed.
I remind members that supplementary questions should be in line with the original question.
Fire Deaths
The latest Scottish statistics show that in 2012-13 the provisional figure for fatal fire casualties was 46, which is a drop of 23 per cent compared with the previous year and is the joint lowest figure for 10 years. Overall, there were 26,613 fires in Scotland in 2012-13, which is the lowest figure for the past decade. Although we know that statistics that are based on small numbers can fluctuate over time, the positive downward trend is undoubtedly testament to the hard work of the fire and rescue services and their partners in Scotland, and their continued focus on prevention, making Scotland a safer place to live.
I welcome those figures from the minister. I hope that the new single service’s focus on front-line activity will help those trends to continue. Does she believe that fire investigation dogs have a role to play in freeing up further resources by uncovering and preventing deliberate fire-raising?
I am sure that the Scottish Fire and Rescue Service will want to consider the use of fire investigation dogs and I invite the member to liaise directly with the service about that. As I recall, I have met one of the dogs in question and I think that most people would be impressed by their activities.
Question 4, from Patricia Ferguson, has not been lodged for understandable reasons.
Sauna Licensing (Edinburgh)
Under the terms of the Civic Government (Scotland) Act 1982, any individual or body may make representations concerning the granting of a public entertainment licence. Representations made by individual bodies, such as Police Scotland, are operational matters that the Scottish Government would not intervene in.
I thank the minister for his reply, but I am a bit puzzled, as the Scottish Government promotes the safer sex message. It is an odd contradiction to ask saunas not to have any condoms in them. Where was that policy made? Is it an operational matter, or should it be overridden by the Government’s greater task of ensuring safer sex and lower levels of transmission of infectious diseases, which are on the rise? That is another reason why this instruction is so mysterious. While I am at it, I note that the saunas that were visited and inspected included gay saunas. Does the minister know why that was?
There are two issues. First, these are operational matters on which we would not seek to intervene, but obviously there is a Justice Sub-committee on Policing here, to which Ms MacDonald is able to make representations.
Will the cabinet secretary raise the issue of free condoms being provided to these saunas, which are private businesses? Will that cost be met by Edinburgh council tax payers?
These matters are fundamentally for the City of Edinburgh Council, which will have to consider them as it has before. Police Scotland is operationally independent, but I thought it important that we put on record that it was not just misinterpreted but misrepresented. I have no doubt that both Ms White and I can make representations individually to the City of Edinburgh Council.
Cashback for Communities Scheme
I am delighted to say that when I was out last week seeing the work of the excellent cashback school of rugby at Wallace high school in Stirling, I had the great pleasure of announcing a further £24 million investment, which will be used to expand this Government’s hugely successful cashback for communities programme for a further three years. That latest commitment to invest in our young people and their communities heralds a landmark £74 million of criminals’ money seized and put back into communities across Scotland since 2008.
Will the cabinet secretary detail what projects have been funded by the cashback scheme in my Kelvin constituency?
There is a variety of projects. Indeed, before I went to the Prison Officers Association conference at Peebles, I was at an event for the Scottish Professional Football League music box programme, at which we had the first contribution in this country from the Fender Music Foundation. One of its guitars will go to the Partick Thistle community trust music box at Firhill; no doubt, many of Ms White’s constituents will be able to enjoy that.
When will we finally receive the evaluation of the cashback scheme? I and many others have raised concerns about outcomes and the meeting of its objectives. When will that evaluation come before the Parliament?
The scheme is on-going and will be built on. I can say that the Scottish Rugby Union—I am grateful to Clare Adamson for hosting a reception for the SRU—was very grateful for the cashback contribution, as were the SPFL and the SFA. I know that Mr McNeil does not like to put a dampener on matters, so he should realise that many communities and young people are benefiting. They include the youngsters who are getting the opportunity to meet stars from various bands who have given their time and the youngsters who are benefiting from the first Fender guitars to be given outwith the North American continent. That is a testament to the outstanding work and success of the cashback for communities scheme.
Is the cabinet secretary aware of the recent cashback grant for a young people’s chill-out area at the Dumfries multicultural centre, and would he be willing to visit the young people at the centre once the new facility is up and running?
I am happy to try to do so. I have seen some outstanding work with cashback for communities in Dumfries itself and in Dumfriesshire, such as at Annan Athletic Football Club. I am more than happy to try to catch up with those matters. It was a pleasure to be at the Easter Road stadium, and it would be a delight to be able to attend at Dumfries in the future.
Undercover Policing of Non-violent Political Protest
The use and conduct of undercover police officers is covered by the Regulation of Investigatory Powers (Scotland) Act 2000. The decision to authorise undercover police officers is an operational matter for the Police Service of Scotland.
Although the most disturbing of the recent revelations took place in England and Wales, we need to ensure that we learn the lessons from them in Scotland. There have been allegations of officers having sexual relationships, and even beginning families, with their targets under the guise of undercover policing.
I give an assurance that, when we recognise good practice, we will adopt it here. That is why the recommendations in the report by HMIC for England and Wales will be put on a statutory footing in Scotland.
Corroboration
The Criminal Justice (Scotland) Bill proposes the removal of the general requirement for corroboration in criminal cases. It will still be necessary to prove cases beyond reasonable doubt, and corroborative supporting evidence will still be sought and used.
Why does the Scottish Government consider it important to abolish the requirement now?
We are building on the report by the Lord Justice Clerk, Lord Carloway. We carried out a further investigation into safeguards. We are conscious that his is a fulsome investigation into evidence and procedure in Scotland.
I call Margaret Mitchell for a brief supplementary question.
Will the cabinet secretary at least look at ways of reforming the law of evidence, while retaining the important safeguard of corroboration, to ensure that the criminal justice system is balanced and fair for those who are accused of crimes and for victims of crime?
I ask the cabinet secretary for an answer that is as brief as possible.
We are happy to take on board safeguards and we have taken on board and agreed to safeguards that judges of the High Court of Justiciary suggested. If Ms Mitchell wishes to make further suggestions, we will be happy to look at them.
Rural Affairs and the Environment
Question 1, from Michael McMahon, was not lodged, and an explanation was provided.
Common Agricultural Policy Funding
For several weeks, we have pressed the United Kingdom Government for a resolution on this urgent matter, given that we are talking about around €4 billion of European funding for the UK. We have presented strong arguments—which are supported across the chamber—on why Scotland should receive a fairer allocation of the overall funding and why the full CAP convergence uplift that the UK will receive should come to Scotland. The ball is now firmly in the secretary of state’s court in Whitehall to do the right thing for Scotland’s industry, and I hope that we will receive positive news soon.
I very much support the case for the uplift to come to Scotland. Will the cabinet secretary confirm how much was lost to agriculture in Scotland in the most recent CAP negotiations because of our lack of a seat at the top table as an independent European Union member state in our own right?
As the member knows, under the CAP that has just been negotiated for 2014 to 2020, a new funding formula was agreed to close the gap between countries that have poorer payments per hectare and countries that have higher payments. We estimate that, if Scotland had been a member state, we would have qualified for an extra €1 billion to come to Scotland under the formula, given that we are third bottom of the league. Thanks to the UK’s poor negotiations and its not prioritising Scotland’s interests, it looks as though we will be bottom of the league under the new arrangements.
The situation is not about Scotland being an independent member state but about Scotland having to negotiate a position in the EU, and the cabinet secretary cannot give Scottish farmers any guarantees about what funding would look like at the end of any negotiations.
As I have said, and as I said in the debate in Parliament a few weeks ago, the decisions that we take—including the decision on the extent to which we transfer from pillar 1 to pillar 2—will be influenced by the size of the overall budget. The smaller the budget, the more difficult will be the decisions that we must take. I am sure that Claire Baker will also ask for decent funding for environment schemes and other schemes under pillar 2, which is on rural development, but we do not have the budget to satisfy all the demands, because of the poor negotiation result that the UK Government delivered for Scotland.
The issue is not about Scotland being a full member of the EU but about the terms and conditions under which it would become a member and when that would happen.
I say to the member that of course we will consult the industry on the new common agricultural policy, and we will stick to our consulting schedule for the rural development programme: the pillar 2 funding in November and the pillar 1 funding—the direct single farm payments, or the new area payments—in December. We will stick to that schedule.
Question 3, from Annabel Goldie, has been withdrawn and an explanation has been provided.
Climate Performance (FTSE 350 Companies)
The report considers FTSE 350 companies and takes a UK-wide focus. The principal recommendations, including the five-point plan, are a sensible approach and the Scottish Government recognises the significant impact that action and leadership by those leading companies will have both on their own and their supply chains’ resource efficiency as well as on their greenhouse gas emission reductions.
Given that important Scottish companies such as the Wood Group and Cairn Energy scored badly as they failed to disclose information or to respond at all, how can the Scottish Government persuade Scottish companies to take the monitoring and reduction of climate pollution seriously?
Those are important issues. We are working through the 2020 climate group. I am sure that Hanzala Malik knows this already but—just to put it on the record—the group includes a number of key companies such as Diageo, Tesco, Lloyds Banking Group, Stagecoach, SSE, BT and many others.
Will the minister confirm how the Scottish Government is promoting long-term investments against climate change among Scottish businesses? What will he do to ensure that Scottish businesses can implement the five recommendations presented by the carbon disclosure project?
I touched on what we are doing in my response to Hanzala Malik. We are providing support to the 2020 climate group. It is a very important group: it involves some very high-level senior business figures who are able to use their business experience to explain to other people in the business community why they should be involved and what the advantages are to businesses of engaging in this agenda. As I am sure the member knows, many positive economic opportunities come from addressing such issues.
Farmers (External Trade)
It is estimated that Scotland exported approximately £400 million-worth of crop, animal and hunting-related products to the rest of the UK and approximately £75 million-worth of such products to the rest of the world in 2011.
In the area of farming products, Scotland trades twice as much with the United Kingdom as it does with the rest of the world and four times as much with the UK as with the EU. Why would we want to leave such a market, bearing in mind that we have 63 million customers with whom we are trading?
I regret James Kelly’s scaremongering and his attempts to sow doubts and uncertainty. If that is the sort of politics that he wants to conduct, it is fair enough—we will come back with our positive case for independence, and he can stick to his negative politics.
Can the cabinet secretary update members on the repatriation of the £1.4 million red meat levy that is currently paid by Scottish livestock producers south of the border?
That is another good question, and it helps to answer the previous question from James Kelly, in that another benefit of independence would be that the levy raised by the livestock sector here in Scotland would stay in Scotland to promote Scottish livestock produce.
Question 6, from Dave Thompson, has not been lodged, for understandable reasons.
Local Air Quality Management (Review)
We received about 150 responses to the consultation exercise that was undertaken to inform the review. The consultation finished on 20 September, and the responses are currently being analysed. We will publish our conclusions as soon as possible, following completion of the analysis, which is likely to be early in the new year.
The west of Edinburgh has four main arterial routes into the city centre for commuters, three of which—Gorgie Road, Glasgow Road and Queensferry Road—continue to exceed the annual nitrogen dioxide air quality standard. The “Strategic Development Plan June 2013” for the south-east of Scotland highlights the need to provide additional housing in the west of the city and in West Lothian, all within commutable distance of the centre of Edinburgh. Is the minister concerned that the proposal to build a substantial number of houses to the west of the city will further exacerbate the current air quality issues?
First, I declare an interest—as per my entry in the register of members’ interests—in that I acted as an adviser on education impacts to a number of developers in the west of Edinburgh prior to my election as a member of the Scottish Parliament.
Food Waste
Food waste is a global challenge, as 1.3 billion tonnes per year—a third of the food that is produced—is wasted. Government, individuals and businesses all have responsibilities to address that. We are already working with retailers and major brands to use their influence to cut waste in households and supply chains.
In the light of recent reports that supermarket chains scrap up to 70 per cent of salad products and 50 per cent of bakery produce at a time when some of my constituents in Glasgow Anniesland are having to attend food banks, does the cabinet secretary have any talks planned with supermarket management to find a way of avoiding that astonishing level of waste?
I am due to meet the retailers forum that was set up by the Scottish Government. Given Bill Kidd’s question, I will make a point of raising that issue with the supermarket representatives when I meet them very shortly.
I can allow a brief supplementary and a brief answer.
Household waste in Scotland reached 2.77 million tonnes in 2010, so what is the Scottish Government doing to raise awareness of the environmental problems that are caused by household waste? What measures is the Scottish Government taking to encourage a culture change?
Those are very good questions. As I illustrated in my previous answer, we have moved on from the position that we were in only a few years ago, when very few homes had food waste collections, to 1.2 million households in Scotland now having separate food waste collection. I hope that that helps to connect with all householders in Scotland who are now putting their food waste out for collection and who were not previously doing so. I hope that it will help to change our culture so that we appreciate the costs, both financial and environmental, of food waste.
Common Agricultural Policy (Convergence Uplift)
As John Wilson will know, the uplift is an important and serious issue for Scotland’s agricultural and rural sector. I was pleased that colleagues from all across the chamber were willing to write jointly to the United Kingdom Secretary of State for Environment, Food and Rural Affairs to set out the unassailable argument for the external convergence money to come to Scotland. That demonstrates the overwhelming support in the Parliament on the issue. I hope that Owen Paterson will recognise that and do the right thing for Scotland’s farmers and rural communities.
The UK Government must acknowledge that the only fair outcome on the external convergence uplift funding is for it to come to Scotland, which is the only part of the UK to be below the European Union threshold, thanks to the UK Government’s failure to seek a fair share of the budget for Scotland. How much will the convergence uplift be worth for Scotland over the budget period?
Under our latest estimates, the uplift that the UK will receive—it is only because Scotland is currently part of the UK that the UK qualifies for the uplift—will amount to around €220 million between now and 2019. Given that the UK is receiving the uplift only because of Scotland, we believe, as do all members in the Parliament, that 100 per cent of that uplift should come to Scotland.
Agriculture Support (New Entrants)
I can allow an extremely brief question 10 from Clare Adamson.
To ask the Scottish Government what progress has been made regarding payments to new entrants and others who are currently excluded from the single farm payment scheme. (S4O-02521)
I am pleased to confirm that the first instalment of almost £900,000 has been paid to around 600 farmers, whose applications for support were approved by the joint Government and industry working group. We are now in the process of clarifying some information about a further 50 applications. There will also be a further payment next year.
Does the cabinet secretary welcome the improved exchange rate that is to be used for the 2013 single farm payment scheme? What effect will financial discipline activation have on new entrants and on the 16,000 Scottish farmers who receive their single farm payments in sterling?
I ask the cabinet secretary to respond as briefly as possible.
Due to the financial discipline—if Clare Adamson is referring to the subject that I think she is referring to—that is being imposed by the European Commission, there will be a small percentage decrease in single farm payments in the coming year. Thankfully it is, as a result of negotiations, a much smaller decrease than was expected, so we must put it in perspective. Single farm payments will be roughly the same as they have been in previous years, so I hope that the impact will not be too great.
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