Chamber and committees

The Scottish Government provides annual funding to enable the Royal Society for the Prevention of Accidents—RoSPA—to deliver an effective programme of home and water safety activity for Scotland. This year’s total of nearly £180,000 includes an additional £60,000, which is purely to better enable RoSPA to expand the support that is provided to Water Safety Scotland, which is the key forum for relevant organisations to come together to share knowledge and learning and to reinforce one another’s efforts. It will enable Water Safety Scotland to develop its pivotal leadership and management role to ensure support for all organisations in its growing membership, and to fully support the diverse workstreams that are associated with the delivery of “Scotland’s Drowning Prevention Strategy 2018-2026” and the water safety action plan. One specific example is enabling—

There is no place in our society for harassment, abuse and intimidation of women and girls who access healthcare services. The Scottish Government has been clear about that.

Let me reiterate what the Scottish Government is doing on the matter. The Minister for Public Health, Women’s Health and Sport has convened a working group, whose members include Police Scotland, the Convention of Scottish Local Authorities and affected health boards. The group is looking at short-term, medium-term and long-term solutions to the issue.

Members will no doubt be aware that the First Minister is committed to finding meaningful solutions to the problem of protests outside abortion clinics. She will chair a summit on the matter on 27 June—just next week. The summit will focus on buffer zones, and it will be attended by members of the Scottish Parliament, COSLA, women’s rights groups and so on.

It is important that any action that is taken is proportionate and balances everyone’s rights under the European convention on human rights. The issues are complex, but I give the assurance that we are considering them all very carefully.

I do not agree with the member’s assessment. The spending review sets out high-level multiyear spending parameters; it is not a budget. The annual budget will continue to be set through the normal parliamentary budgeting process.

The member mentioned the backlog. The Government has invested substantial amounts of funding into reducing the backlog.

In terms of legal aid practitioners, in addition to the increase in the legal aid budget this year, we have recently also offered a 7.5 per cent uplift in criminal fees and a 5 per cent uplift in civil fees. That has been rejected by the profession. However, we will endeavour to continue those negotiations in order to find an affordable solution.

The member has chosen an apt moment to raise the issue, as this week is the Royal Life Saving Society UK’s drowning prevention week.

On 18 May, I convened a further meeting with our water safety action plan stakeholders, including the Royal Life Saving Society UK, and plans to raise awareness of water safety issues in advance of the summer were discussed at some length. The discussion covered activities on several fronts, including on-going work with Water Safety Scotland to raise awareness about staying safe around the water, identify drowning hotspots and improve water safety signage and messaging.

Since 2019, the Scottish Government has increased legal aid fees by 8 per cent, and another 5 per cent was committed earlier this year. That was not a one-off payment: it is a year-on-year commitment of 13 per cent. Of course, that must be set against the current backdrop of difficult public finances. That demonstrates that the Government values legal aid practitioners, and that we are investing in that system. I will give the chamber my assurance that the cabinet secretary and I will continue to engage with representatives of the profession in order to try to find a sustainable way forward.

The Cabinet Secretary for Justice and Veterans and I are kept up to date on the discussions that are held in the buffer zones working group, which is chaired by the Minister for Public Health, Women’s Health and Sport. The group is looking at all the legislation that could be used in response to protests at abortion clinics. That includes the antisocial behaviour legislation about which Carol Mochan has asked.

The application of antisocial behaviour legislation in response to protests is an operational matter for Police Scotland, which assesses each incident individually and will take appropriate and proportionate action in response. The Scottish Government fully supports Police Scotland to respond to protests at abortion clinics in such a manner if Police Scotland feels that a response is merited and is required to protect individuals and public safety.

I, too, extend my thanks to Meghan Gallacher for providing an opportunity to highlight and discuss the importance of preserving and protecting our war memorials, and thank the other members who have contributed to tonight’s debate—in particular, Jenni Minto, who made a thoughtful contribution.

We have taken this time to reflect that memorials such as the ones that we are discussing are not there to glorify war. Instead, they are there to recognise the sacrifices that were made to protect the freedoms that we enjoy today. War memorials across Scotland give friends, families and the public important and poignant focal points for paying their respects to the many young men and women from our country who did not return from conflicts around the globe.

Memorials also play a vital role in raising awareness of past conflicts among those who are too young to remember them. They help us to remember the hardships that were endured, the courage that was displayed in the face of adversity and the ultimate sacrifice that was made during times of conflict.

I have been lucky enough to see some of the outstanding work that is being done in our communities across the country to honour those who fought and continue to fight for the liberties and peace that we so often take for granted, and I am grateful for that. We will forever hold an honoured place in our hearts for the commitment and sacrifices made by veterans, as well as those made by our active servicemen and women. Their legacy is deserving of the utmost respect.

Therefore, it is easy for us to appreciate how distressing and abhorrent it is when war memorials and statues that are connected to past conflicts are the target of wilful vandalism. I am pleased that the Scottish Government plays its part in ensuring that war memorials are looked after to the highest standards through the Scottish Government’s centenary memorials restoration fund. Historic Environment Scotland provided support totalling £1 million to the War Memorials Trust, and that money was used to aid repairs to war memorials throughout Scotland from April 2013 until March 2018. The programme supported the repair and conservation of about 125 projects in total.

The support did not end there. In 2019-20, Historic Environment Scotland also awarded the War Memorials Trust a grant of just over £91,000 to fund 50 per cent of its grant programmes and conservation programmes. I am pleased to be able to say that, this year, Historic Environment Scotland has awarded a further £88,000 to fund the War Memorials Trust conservation programme and 50 per cent of its grant programme in Scotland for the period 1 April 2022 to 31 March 2025.

I take the member’s point. I have some statistics, if I have time to find them. It seems that the crime rate is very low. The information that I have received from the War Memorials Trust says that 0.04 per cent of war memorials are damaged in the way that Ms Gallacher has described. However, I also accept that it is a particularly distressing crime. I will go on to speak about the legislative approach in a moment.

I turn to the distressing subject of vandalism, including the incidents that have been referred to already. The recent petition that has been submitted on behalf of the friends of Dennistoun war memorial urges the Scottish Government to introduce stronger legislation that would recognise the desecration or vandalism of war memorials as a criminal offence.

I hear the heartfelt concerns of the group and, indeed, of some of the speakers this evening. I reassure members that the Scottish Government continues to recognise the importance of Scottish war memorials in ensuring that those who gave their lives in conflict are not forgotten.

Vandalism is a crime, regardless of the motivations for it, and the Scottish Government condemns all acts of malicious vandalism and graffiti. Such behaviour is unacceptable in modern Scotland and those indulging in it can expect to face criminal charges.

I will say a little more about the current legal provisions that relate to vandalism. Under the vandalism provisions that are contained in the Criminal Law (Consolidation) (Scotland) Act 1995,

“any person who, without reasonable excuse, wilfully or recklessly destroys or damages any property belonging to another shall be guilty of the offence of vandalism”

and liable to a fine of up to £1,000. Furthermore, the Antisocial Behaviour etc (Scotland) Act 2004 enables the police to issue on-the-spot penalties to people who are suspected of lower-level offences such as graffiti.

Additionally, depending on the circumstances, a common law charge of breach of the peace could be used to deal with those who are involved in the desecration of statues and monuments. Such individuals may also fall foul of the Criminal Justice and Licensing (Scotland) Act 2010 if they are involved in threatening or abusive behaviour that causes fear or alarm, for which an individual can be fined or receive a prison term of up to five years.

The Scottish Government supports police and prosecutors in using the existing powers that are available to them in dealing with incidents of vandalism that affect war memorials. However, we are open to considering the matter further, including whether it would be appropriate to introduce additional legislation to protect war memorials.

I thank Meghan Gallacher for bringing the debate to the chamber, and I welcome the views that have been expressed from members of all parties, which have been helpful in raising the profile of an important issue. I will reflect on the points that have been made tonight, and on those made in the petition from the friends of Dennistoun war memorial.

On a point of order, Presiding Officer. My app would not connect. I would have voted no.

I extend my thanks to Mr Kidd for the opportunity to discuss such an important issue. No one can disagree with the premise that we want to make Scotland hostile to trafficking and a safe place for Ukrainian refugees. His moving speech to us this afternoon contained a strong call for action, which I heed.

Scotland has a proud history of welcoming refugees and people seeking sanctuary from war and from violence, but ensuring the wellbeing and safety of those who are arriving from Ukraine is critical to that aim. Under our supersponsor scheme, displaced people are accommodated safely in temporary accommodation until disclosure and property checks have been completed, mitigating the risks that are unfortunately inherent in the UK system. Those checks interrogate national and local systems and have been designed to maximise opportunities to identify and remove host applicants who may be unsuitable. We have pressed the UK Government to replicate our scheme and to develop a public sector matching service, which was mentioned by a couple of speakers, and we will continue to do that.

We have also published public protection guidance to support all operational partners that are involved in safeguarding. The guidance was developed with stakeholders and it takes into account the need for a gendered approach, which was mentioned by Ruth Maguire. I note the many other practical suggestions that she made during her speech.

Additionally, we have established a new trafficking and exploitation strategy group to ensure that risks and concerns that are identified are understood and addressed in a multiagency approach. The Trafficking Awareness Raising Alliance and JustRight Scotland, funded by the Scottish Government, have developed a leaflet including information on indicators of trafficking. The leaflet has been translated into Ukrainian and Russian and it is available at welcome hubs and has been shared widely. I think that that is very relevant to the aspirations of the Ukrainians Welcome website of Hope for Justice and its anti-trafficking partners, which has been referenced. I also want to highlight the practical information that is available in the Ukraine section of the Scottish Government’s website for those fleeing Ukraine and for potential hosts in Scotland.

I know that this is not a time for complacency and we will continue to do everything that we can to stamp out all forms of trafficking and exploitation arising from this conflict and otherwise. My vision of Scotland is one where all women and girls are treated with respect and not one where we turn a blind eye to abuse, violence or trafficking. Tackling sexual exploitation is key to realising that, and a key part of that work is our programme for government commitment to develop a model for Scotland that effectively challenges men’s demand for prostitution. That commitment is in line with our international obligations to incorporate the UN Convention on the Elimination of All Forms of Discrimination Against Women into Scots law. Article 6, in particular, compels Scotland to

“take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.”

War in Ukraine has tragically highlighted—Rhoda Grant’s speech brought this out this evening—the need to take action to challenge and deter men’s demand. The conflict is putting women and girls at further risk of exploitation. We have seen the disturbing reality of that with the reports of the 200 per cent increase in UK internet searches for “Ukrainian women” that was mentioned by a number of speakers this evening, including Mr Kidd.

In addition to the international crises adding to the pressures that can fuel sexual exploitation, tackling the systemic disadvantages and inequalities that women face is critical. The development of our model takes that into account and the reality that that demand is linked to human trafficking. The Human Trafficking and Exploitation (Scotland) Act 2015 gives police and prosecutors greater powers to detect and bring to justice those who are responsible for trafficking, as well as strengthening protection for survivors. Police Scotland actively investigates any reports concerning human trafficking and exploitation and will continue to work closely with partners across the UK and internationally to share intelligence and to co-ordinate work to tackle it.

It is important that we tackle exploitation wherever it happens, whether that is online or offline. Procuring for the purposes of prostitution is still an offence if it is committed online and Police Scotland will actively investigate all reports of sexual exploitation, including those of online sexual exploitation. The online aspects are at the forefront of our minds in the development of the model. We are continuing to liaise with the UK Government and Ofcom on the UK Online Safety Bill.

Our work to challenge men’s demand will continue to require a collective response right across Government, the wider public and the third sector. A short-life working group with representation from key stakeholders was tasked with developing the fundamental principles to underpin the model. It held its last formal meeting in April, with further targeted stakeholder engagement to follow as part of finalising those principles, which will be published later this year. The principles will help to create a solid foundation on which we can uphold the aspirations and values that we want to see reflected in the model. They will also help to draw together our efforts to challenge and deter men’s demand and raise greater awareness of some of the challenges that those who are involved in prostitution can face.

We have committed to engaging with those with direct or lived experience to shape services and are committed to ensuring that our approach makes things better for all who are involved in prostitution. In the coming months, we will publish lived-experience research, which we have commissioned to better understand the current support service provision and the needs of service users. That will also inform our developing model.

Also to be published this year is an evidence review on international approaches to challenging demand. That is being carried out by the Scottish Government’s justice analytical services and it will inform the development of the model while obviously taking into account Scotland’s unique legal and societal landscape.

I give my commitment again this afternoon that I will continue on this work across Government and the chamber and with stakeholders as our approach to tackling sexual exploitation further develops, contributing to our aim to be a society that treats all with kindness, dignity and compassion. That is reflected in our response supporting those who are displaced by war in Ukraine, and I thank all who are involved in that response.