Chamber and committees

I have the greatest respect for whistleblowers, and I have the greatest respect and the greatest sympathy for the families. I do not hesitate to say that.

I go again to the point that I made earlier: it was the Government, through the previous health secretary Jeane Freeman, who commissioned and established the public inquiry. The public inquiry is now under way. There are criminal investigations under way. It is, rightly, not up to me which cases are investigated from a criminal perspective and which are not. It is up to the police and the Crown Office.

As I said in my previous answer, it is important to try not to divide on such issues, but to recognise the actions of, in this case, Anas Sarwar. I know that he cares deeply about the families involved. That is why I also know, or at least hope, that he will recognise that the worst thing I could do, standing here as First Minister, in light of the independent processes that are under way—a statutory public inquiry and criminal investigations—would be to in any way inadvertently prejudice either of those processes by getting further into the detail right now.

We have done what I think is the right thing in establishing the independent inquiry. It is entirely for the police and the Crown Office to determine what criminal investigations are undertaken. It is incumbent on all of us who take the issues seriously and want to get to the answers that we allow those processes to take their course. Of course, when we have the findings from them, the Parliament will have not just the opportunity but the duty to reflect on any further action that is necessary.

I appreciate that the member was not in the Parliament on 3 February 2021, when the August 2023 implementation date was agreed. Unless I am mistaken, it was supported by all Conservative members at that time. There is a pragmatic reason for that date: we have to work with COSLA to ensure that that date is achievable and deliverable. That was the consensus that was reached and backed by the Parliament.

Along the way, as I said, we are piloting the approach in a number of local authorities to deliver on that commitment and to support the wider roll-out. I understand that parents want that to happen straight away and I understand their reasons for that, but we are doing this in the proper way so that it is deliverable and is properly delivered, so that when we get to that implementation date, should parents want to defer their child’s entry to primary school, they will have that right.

Before I go on to that question, I apologise for not addressing the point about the efforts to trace the second family. Last time Anas Sarwar asked about that, I set out the steps that the health board had taken to try to locate the family. As I understand it, the board has not located the family. As I understand it, that is not for the want of trying and effort, and appropriate steps will continue to be taken.

On the issue of criminal investigations, it is a fundamental point of constitutional democracy that it is not up to the First Minister of the country—at any time, whoever he or she may be—to determine what cases are and are not subject to criminal investigation. It would be deeply improper if that was the case.

On the question that Anas Sarwar has just posed to me again, a Government that has established a full, independent, statutory public inquiry cannot be said to be trying to hide away from getting to the truth. We want the answers so that, if there are issues to be addressed with the health board or in Government policy, they can be addressed, and, fundamentally, so that the families, the most important thing of all, get the answers that they want.

However, It is not credible for Anas Sarwar to say that a public inquiry was fought for and campaigned for—I accept that, although the Government did establish the inquiry—and then in the next breath say that the inquiry does not matter, we cannot wait for it and we have to do something different. It is an independent statutory public inquiry. Those who have a genuine interest in getting to the answers and the truth now have a duty to allow that inquiry to properly do its work. That is what the Government will do and I would suggest that that is what Anas Sarwar needs to do, as well.

I will come to that point in a moment, but I want to complete the point that I addressed in my first answer.

I think that I said explicitly that I was not criticising the process that Douglas Ross is going through, but in his initial question to me he said—I think—that he had published a bill this morning, and I was simply making the point that that is not the case.

We will consider the consultation fully and with an open mind, and when that is translated into an actual bill, as I expect that it will be in the fullness of time, we will consider that in the normal parliamentary processes that all legislation goes through. I do have an open mind and I hope that we can find maximum common ground. I suspect that there will continue to be issues that divide us on the correct responses to the drugs crisis, but I hope that none of us in this chamber allow those issues to get in the way of the areas where we can build agreement and consensus.

On the issue of a visit, I am glad that Douglas Ross accepted my suggestion earlier in the week that we go together to a working-class community. My office will be in touch to take that forward shortly. I am certainly willing to meet organisations and, indeed, individuals affected by drugs misuse, as I have previously.

This is an equally important point and I hope that it is one that will be accepted by Douglas Ross: the issues faced by working-class communities go beyond drugs. Indeed, drug misuse can, in some cases, be a symptom of deeper issues—poverty, for example—so I am sure that Douglas Ross will agree that, if we are to undertake such a joint endeavour, it will also be important to meet, for example, those who have just had their universal credit withdrawn, driving them deeper into the poverty conditions that then sometimes lead to the other issues that we are talking about. So, I look forward to finalising the details of that and to meeting people who will, no doubt, have things to say about Scottish Government policy, what we are doing and what more we should do, but also people who are being deeply affected each and every day right now by United Kingdom Government policy that is doing a lot of damage in working-class communities the length and breadth of the country.

I will certainly repeat what I said before. We will look at any bill very carefully. I received the consultation this morning, and I have an open mind on it. As a point of fact, unless I am mistaken, I understand that Douglas Ross did not publish a bill this morning; indeed, the consultation that was sent to my office stated that, at this stage, there is no bill but only a draft proposal. I am not criticising that; it is important that legislation is properly consulted on. We will consider the proposals in the consultation and, as and when that develops into actual proposed legislation, we will consider that in detail.

I think—perhaps this is a point of agreement—that speed of action now is essential. We all know that legislation takes time to go through the proper processes. I looked briefly at the document that was sent to me this morning and, on the face of it, it does not appear to suggest anything that goes beyond what we are already doing, although it suggests that those things should be enshrined in legislation. I will take funding as an example. Part of the consultation is in regard to the establishment of a new national funding scheme that is separate from alcohol and drug partnerships, but it does not appear to suggest additional funding. For example, it says that what is proposed is

“well within £50 million annual spending”

that is already being delivered.

We will continue with the action that we have set out. I do not think that it is right to wait for legislation, but I repeat that we remain open minded to looking at the details of legislation when it comes from the consultation that has been published today.

It is important that everybody who needs mental health treatment gets that treatment in the best possible setting. That is especially important when we are talking about children and adolescents.

The Government is already taking a range of actions to further develop community wellbeing services for children and young people. For example, we are providing funding for counsellors in schools so that there is much earlier intervention for young people so that fewer of them require the services of more specialist provision. A range of work is under way, which we will continue to progress with additional funding over the months to come.

I think so, Presiding Officer. I apologise to Bob Doris—I missed the start of the question. The sound could not be heard here in the chamber, but I think that I got the general thrust of the question.

Such issues are important, given the expected demand for smoke alarms ahead of 1 February next year, when the new standard is due to come into force. There is significant public interest in the matter because of the public awareness campaign. We know that some retailers might have short-term supply issues, but we have been assured by manufacturers that there is a sufficient supply of alarms available to meet expected demand.

We will continue to consider whether there is more that we need to do to support home owners to be compliant with the new standard. We will take a range of actions, should we consider that to be necessary. The public awareness campaign has been important in making sure that people have increased understanding of what will be expected as of February next year.

The education secretary met the chief executive of the SQA earlier this week and impressed upon her the need to deliver against the section 23 agreement. The EHRC’s findings refer to historical omissions at the SQA. Learners can be assured that all the required equality impact assessments regarding the awarding of national qualifications in the past two years were completed and published by the SQA and the Scottish Government. I welcome the SQA’s action plan and its commitment to complete any outstanding equality impact assessments for all of their current policies and practices, with 28 new equality impact assessments already having been published since August.

Entry to school can be deferred if a child is not yet aged five on the first day of primary school. Not all children who are deferred are yet automatically entitled to a funded place in early years education. However, we have introduced new legislation to guarantee funding for early learning and child care during any deferred year. That legislation comes into force from August 2023, on a timetable that has already been approved by the Parliament.

There are no plans to change that timetable, because it has been developed in partnership with the Convention of Scottish Local Authorities so that it is realistic and achievable. In the meantime, we have already committed £3 million to fund five local authorities to deliver early learning and childcare in 2021-22 as part of a pilot programme to support the wider roll-out of that commitment. The Minister for Children and Young People will soon announce additional pilot authorities for 2022-23.

No, I will not agree to do that. I will agree to follow the process that is in place for such an eventuality. I am sure that the member knows—I am convinced of it—that, in such circumstances, what has to happen is that, within 28 days, the regulations have to come for a decision of the whole Parliament. That is what will happen, and I am sure that all MSPs of all parties will fully and properly do their jobs.