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Chamber and committees

Plenary, 30 Nov 2006

Meeting date: Thursday, November 30, 2006


Contents


Question Time


SCOTTISH EXECUTIVE


General Questions


Underage Drinking (Tonic Wine)

To ask the Scottish Executive what recent discussions it has had with the alcohol industry regarding the impact of tonic wine on underage drinking. (S2O-11305)

The Minister for Health and Community Care (Mr Andy Kerr):

I met J Chandler and Company Ltd on 30 October 2006. The Executive also has regular meetings with a number of representatives of the alcohol industry who are involved in the partnership on alcohol misuse, which I announced on 5 September 2006.

Mike Pringle:

Does the minister agree that the public condemnation of tonic wine distributors will work only to reinforce the drink's appeal to underage drinkers, as it did when Helen Liddell condemned it back in 1984? Does he also agree that if the Executive is serious about tackling the problems of underage drinking, we need a strategy to address the social causes that underlie why young people drink?

Mr Kerr:

If that was our strategy, the member would be right in condemning the Executive, but it is not. I refer to the interview about which so many misinformed articles appeared in the papers, with comments from Mr MacAskill, Mr Monteith, Mr Maxwell and Ms Mitchell. In the interview, I set out clearly that we have an alcohol strategy in Scotland. It is about changing attitudes, behaviour and culture and about recognising that the industry has a role to play. We also need to communicate the need for parents to talk to their children about alcohol. Myriad other issues, such as licensing and legislation, are involved. It was not me but others who chose the battleground of Buckfast.

Mr Kenny MacAskill (Lothians) (SNP):

Is the minister aware that, although Buckfast is a problem throughout Scotland, the problem is more concentrated in west-central Scotland? In the city of Edinburgh, for example, the main problem is not so much tonic wine such as Buckfast but high-alcohol-by-volume ciders, which are remarkably cheap and, as various newspapers have pointed out, sometimes cheaper than the available water. What action will the minister take on that, and will he lobby Westminster on the anomaly whereby high ABV beer is taxed at a higher rate but high ABV cider is not?

Mr Kerr:

I remarked on that point in my interview with Talk 107, when I said that the issue is not just Buckfast but Diamond White and other heavy ciders, two-litre bottles of which are available for £1.99. The Executive is well aware of the issue, and I have also made clear my views on the taxation of high-alcohol-by-volume drinks, which are a problem in society. Those views have been passed on and will continue to be passed on to the Treasury.

Margaret Mitchell (Central Scotland) (Con):

Does the minister accept that the increase in the incidence of underage drinking is not so much to do with any particular product or brand of alcohol but instead stems substantially from a failure on the part of parents to take responsibility for the supervision of their children? Some drinkers are under the age of 13.

Mr Kerr:

It is ill informed and ill advised to single out one particular aspect of our alcohol challenge in Scotland. Every six hours, someone in Scotland dies of alcohol-related illness. As a Government and as a nation, we have a problem in relation to our attitudes to alcohol. As I have said, I believe strongly that parents have a role to play, but so do our schools and education system, licensing and legislation, the police and communities. The problem is multifaceted, which is why our Executive strategy is designed to address the issues that many members have raised. Our alcohol action plan in Scotland does not have a single dimension—tonic wine or any other drink product—but covers our culture, our approach, enforcement, legislation, licensing and many other aspects.


Fireworks Act 2003

To ask the Scottish Executive whether it monitors the effectiveness in Scotland of the United Kingdom Fireworks Act 2003. (S2O-11270)

The Deputy Minister for Finance, Public Service Reform and Parliamentary Business (George Lyon):

Yes, we do. The numbers of crimes and offences that are recorded by the police are provided to the Scottish Executive. Crimes under the Fireworks Act 2003 are included in the crime code for various offences connected with the keeping and supply of explosives.

Mr Gordon:

I am grateful for that answer. Does the minister appreciate that I and other members have had letters from constituents complaining that the new laws are not working and saying that legislators should consider banning the use of fireworks except in organised, licensed displays? That is why some of us have signed Margaret Jamieson's motion S2M-5123. Will the Executive continue to monitor and publish figures on instances of injuries and complaints to the police and local authorities arising from the misuse of fireworks?

George Lyon:

I am aware of the concern felt by Mr Gordon and other members who have raised the issue with the justice ministers and me.

The incidents that have been reported to the police and the crimes that they have recorded since the passing of the Fireworks Act 2003 show no clear trend at the moment. A slight rise in the number of incidents was reported to the police this year, which might be due to the public becoming more aware of the legislation. I am very much aware of the concerns that have been raised, and I undertake to have further discussions with the member on the matter.

Shona Robison (Dundee East) (SNP):

Will the minister join me in congratulating the Scottish Society for the Prevention of Cruelty to Animals on its campaign to reduce the noise level of fireworks from the current level of 120dB that is specified under the 2003 act? Will he make representations to the United Kingdom Government, asking it to consider amending the act to reduce that level?

As the member is aware, under the Fireworks Regulations 2004, it is illegal for retailers to sell fireworks louder than 120dB. I am prepared to listen to the concerns that members raise with me, and we will consider what action to take.

Margaret Jamieson (Kilmarnock and Loudoun) (Lab):

In my constituency in East Ayrshire, there has been a reduction of 60 per cent in the number of licences this year but a 140 per cent increase in the number of complaints to the police. Does the minister accept that there is a problem in our communities, that the current legislation does not meet communities' needs and that we need to consider new legislation, either here or in conjunction with our colleagues at Westminster, for a total fireworks ban?

George Lyon:

I fully accept the concerns that members from various parties have raised on the issue. It will be interesting to see what the figures look like for 2006-07. Up until 2005-06, no clear trend has emerged. However, if there is a rise in the number of incidents, the matter will have to be addressed. I give the undertaking that we will review the position once we see the figures for this year.


Antisocial Behaviour

To ask the Scottish Executive what progress is being made in empowering local authorities and the police to tackle antisocial behaviour. (S2O-11279)

The Minister for Justice (Cathy Jamieson):

We have made very considerable progress in tackling antisocial behaviour in the past three years. Up and down the country, communities are feeling the positive effects not just of the legislation that we have put in place but of the substantial funding that we have provided to allow local authorities and their partners to offer a range of services, including community wardens, antisocial behaviour investigation teams, victim and witness support schemes and neighbour mediation.

Mr McAveety:

I welcome the minister's response, the Executive's recent commitment to tackling antisocial behaviour and the recent allocation of money to Glasgow City Council to tackle the problems associated with antisocial behaviour. I ask the minister to give some reassurance to people such as the residents of Calton, who have recently seen Strathclyde police taking significant action to tackle a problem family who had been causing misery for a long time. Can the minister give an assurance that resources and powers will continue to be made available to the police and other agencies to ensure that the decent majority of residents in such areas can reclaim their neighbourhoods from the tyranny of the small minority who make their lives a misery?

Cathy Jamieson:

I can certainly give those assurances. I hope that the powers that are available continue to be used and that parenting orders, which have not been used to date, are deployed. Mr McAveety is correct to indicate that funding has been announced for 2007-08, with Glasgow City Council getting around £3.4 million.

This morning, I received a letter from residents in another part of Glasgow. The Blairdardie and Old Drumchapel community council thanked us for the work that we did in pushing through the Antisocial Behaviour etc (Scotland) Act 2004 and told me about the substantial reduction in antisocial behaviour on the streets in that area since a dispersal order was used.

Christine May (Central Fife) (Lab):

The minister mentioned parenting orders. Does she share my concern and that of residents in Glenrothes and Levenmouth at the lack of parental control over certain young people? Is it her intention for some of the money to be used for parenting orders and to support parents in controlling their children?

Cathy Jamieson:

Members will be aware that the Antisocial Behaviour etc (Scotland) Act 2004 was criticised over antisocial behaviour orders not getting to the underlying problems. The reason why the Executive put in place a strategy around parenting orders and substantial funding to cover all the provisions of the 2004 act was to address that sort of behaviour. As I have said before, I find it astonishing that, despite the powers having been asked for and the resources having been sought, the powers to issue parenting orders have not yet been used. I believe that they would add to other measures that local authorities already adopt to deal with some of the problems that they face.


Vale of Leven Hospital (Anaesthetics)

To ask the Scottish Executive what action NHS Greater Glasgow and Clyde is taking to sustain the provision of anaesthetics at the Vale of Leven hospital. (S2O-11260)

The Minister for Health and Community Care (Mr Andy Kerr):

My letter to the member of 26 October 2006 sets out the action that NHS Greater Glasgow and Clyde will take on the provision of anaesthetics at the Vale of Leven hospital. I expect the health board to undertake a comprehensive review of the health care needs of the population north of the River Clyde and of the services that are necessary to meet those demands. The review will consider sustaining the provision of anaesthetics, and NHS Greater Glasgow and Clyde will examine all possible models of delivery.

Jackie Baillie:

I thank the minister for his intervention on the matter, which has been particularly helpful. I wish to make the minister aware that, to my current knowledge, no action has been taken to fulfil vacancies for anaesthetists at the Vale of Leven hospital and no advert has appeared in any local or national newspaper. When I asked about the matter, no one had spoken to the locum consultant anaesthetist about whether they might be interested in a permanent post and no consideration had been given to a systems-wide approach to anaesthetics. Does the minister agree that NHS Greater Glasgow and Clyde needs demonstrably to do much more to sustain anaesthetics at the Vale of Leven hospital?

Mr Kerr:

I am not prepared to comment on those matters, because I do not have the details of NHS Greater Glasgow and Clyde's view of the points that Jackie Baillie makes. I repeat that the review will consider sustaining the provision of anaesthetics, and NHS Greater Glasgow and Clyde will examine all possible methods and models of delivery.

What input are regional planning groups having to the review of services at Vale of Leven? Does the minister agree that regional planning is imperative and is a statutory duty on health boards?

Mr Kerr:

In my view, regional planning is key not just for the situation at the Vale, but for hospitals and services all around Scotland. Therefore, I expect any consideration by NHS Greater Glasgow and Clyde of the proposals for the Vale to reflect regional planning requirements.


Faslane (Community Police Officers)

To ask the Scottish Executive how many community police officers have been deployed to Faslane over the past 12 months. (S2O-11277)

I am advised that 1,098 tours of duty were conducted by Strathclyde community police officers at Faslane over the 12 months from the beginning of November 2005. That is the equivalent of about three community police officers per day.

Paul Martin:

Will the minister join me in commending the hard work of community police officers throughout the Strathclyde division? However, their hard work is being undermined by their constant deployment to deal with protesters at the Faslane facility. Will the minister write to the chief constable of Strathclyde police and call on him to ensure that the deployment of community police officers is kept to a minimum and that negotiations are undertaken with the protesters so that their activities do not have an effect on our ability to deliver community police officers for our local communities?

Cathy Jamieson:

As Paul Martin will be aware, operational policing is the responsibility of the chief constable. Paul Martin has made representations on this point before and I am sure that there will be opportunities for the chief constable to reflect on what he has said. I commend the work of community police officers. They are now involved in a range of activities, both detecting and preventing crime, particularly through work in association with antisocial behaviour teams, youth projects and schools. I hope that policing can be carried out effectively to deal with serious and organised crime and the other difficulties that are faced throughout Scotland and to enable the police to play a role at the heart of our communities.

Chris Ballance (South of Scotland) (Green):

I, too, have been contacted by community councils, for example in Stonehouse, where people are concerned at the loss of their community police officers. Does the minister accept that the issue is not just the loss of those officers to their community, which means that they are not doing the valuable work that they were appointed to do, but the fact that, at Faslane, they are policing and arresting demonstrators, rather than investigating or halting the international crimes of possessing and threatening to use the illegal, immoral and strategically nonsensical nuclear weapons—

Do you have a question that it is within the minister's competence to answer?

My question is, does the minister agree that officers are doing the wrong job and are policing the wrong side?

Cathy Jamieson:

The police have a responsibility to ensure the safety of communities, and they do difficult jobs in demanding circumstances. It can be seen from what happened at the G8 summit and from how a number of protests have been policed that we try to ensure that community safety and stopping disorder are priorities. By and large, communities have been safe and disorder has been stopped at the Faslane site, to which Chris Ballance and Paul Martin referred. Everyone has the right to protest, but people must understand that there will be consequences if they break the law.


Sexually Transmitted Diseases

To ask the Scottish Executive what action it is taking to address the increase in sexually transmitted diseases over the past 18 months. (S2O-11273)

The Minister for Health and Community Care (Mr Andy Kerr):

In January 2005, I launched the national sexual health strategy, "Respect and Responsibility: Strategy and Action Plan for Improving Sexual Health". I am pleased to inform members that I launched the first annual progress report on that strategy on 21 November 2006. The report, which can be found on the Scottish Executive's website under "Publications", gives examples of good practice throughout Scotland.

Gordon Jackson:

The minister will appreciate that tomorrow is world AIDS day. Recently, there has been an increase in the incidence of HIV. I suspect that most members of the public think that HIV is becoming less of a problem, but it is not. What steps might be taken to increase public awareness that HIV is a continuing problem that must be addressed and closely scrutinised?

Mr Kerr:

The member is correct: the incidence of HIV/AIDS is rising. The evidence that is available to me suggests that that increase is largely among Scotland's sub-Saharan African population.

We are supporting a number of initiatives as part of world AIDS day, including a one-day conference in Glasgow entitled "Keeping the Promise: Faith, Health and HIV". We are sponsoring an African health project that aims to improve access to health care in general and HIV testing for Africans who live in Scotland, and we are providing information on how we can assist and support HIV-positive Africans who live in Scotland. That work is in addition to all the other work that we do in Scotland. We must relearn the lessons of the past and work in new and different ways to target our efforts on populations that are most at risk.


Management of Offenders

To ask the Scottish Executive what impact its plans for the release and post-custody management of offenders will have on the prison population. (S2O-11296)

The Minister for Justice (Cathy Jamieson):

As members will be aware, the Executive has made it clear that we intend to end the current automatic early release system. Our plans are set out in the Custodial Sentences and Weapons (Scotland) Bill, which the Parliament is considering. We recognise that the proposed measures could result in an increase in the prison population in the short term, but we believe that we must balance punishment, rehabilitation and public safety measures while we work to reduce reoffending rates.

Colin Fox:

As the minister knows, the Scottish Prison Service has estimated that the Executive's plans will add an extra 1,100 prisoners to the prison population, which has reached record levels. Are the public not being failed by an approach that means that more people are being sent to jail for longer periods, reoffending rates continue to rise and offending behaviour tends to worsen after people have spent time in custody? Does she agree with the evidence that the community justice authorities gave at the meeting of the Justice 2 Committee this week? They said that it would be far better to spend the £7.45 million that the Executive's plans will cost on community-based alternatives, which would provide much better outcomes than will sentencing people to repeated short periods in jail.

Cathy Jamieson:

Plans are being drawn up for the new community justice authorities, which will be in place from April next year. It is important that we are able to use robust community sentences, although the reoffending and reconviction rates following some such community sentences are not what we would want either, and there is room for improvement.

We want an entirely different approach that joins up the work that is done when people are in prison and the work that is done when they are released back into the community. However, it is right and proper that people who have committed serious offences should spend time in prison—and sometimes a significant period of time. Of course we want community sentences to be used and to be applied robustly, but the public must also have confidence that sanctions will be taken if those sentences are breached.