Chamber and committees

I am aware that Emma Harper’s Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 came into force at the weekend. I pay tribute to her and to all who were involved in making that important legislation a reality. The Scottish Government worked with Police Scotland and others to help arrange the commencement of the legislation.

More generally, Police Scotland is a valued member of the Scottish Government-led dog control and dangerous dogs working group. Work carried out by the group includes a review of the control of dogs joint protocol agreement between Police Scotland and local authorities, as well as the establishment of a national dog control database, which will assist enforcement of dog control measures.

I am pleased to confirm that officials have worked closely with stakeholders to assist with the development of guidance that has been prepared for private vets on what should happen if a live dog is seized by the police and presented to a private vet for examination. I should stress that we think that that is unlikely to be a frequent occurrence. The guidance has been discussed in detail with Police Scotland and with veterinary organisations, including the Royal College of Veterinary Surgeons and the British Veterinary Association, and with the Scottish Society for the Prevention of Cruelty to Animals.

The guidance is close to agreement and it will be published on the Scottish Government website by the end of November.

I pay tribute to the police officers and firefighters who responded to incidents of antisocial behaviour around bonfire night this year, and I condemn the individuals who chose the occasion to launch attacks on them. The contribution of emergency services at this time—including their planning and preparation—alongside the work of local authorities and community safety partners, has helped to promote safety and wellbeing in our communities.

Initial data from Police Scotland suggests that the number of complaints this year is down on previous years. Over 4 and 5 November, the number of calls about fireworks was down by 20 per cent on last year, while calls about fires were down by nearly one third. Data from the Scottish Fire and Rescue Service reflects a broadly similar experience. That is encouraging and is likely to be due to the preventative activity to which I alluded, as well as to several other factors, including the new legislation that deals with the sale and use of fireworks.

Nonetheless, the level of antisocial behaviour and disruption to our communities remains unacceptable around the time of bonfire night, so I am committed to making further progress with the bill that we promised in our programme for government, which we hope to introduce to Parliament shortly.

The Scottish Government is appalled that anyone should make such despicable attacks on emergency service workers, and our thoughts are with those who were injured. I am pleased to have been informed that all are expected to make a full recovery.

Both Police Scotland and the Scottish Fire and Rescue Service have reported that numbers of calls were significantly down this year. The Scottish Fire and Rescue Service has specifically advised that the number of attacks on crews fell by a third. However, there is still an unacceptable level of antisocial behaviour in our communities related to fireworks.

I am engaging with our emergency services as they debrief and analyse the data to ensure that we maintain the downward trend in call-outs and maximise the protection that is given to those who are called out. I am committed to bringing forward the bill that was announced in our programme for government to implement the remaining recommendations from the independent fireworks review group.

The misuse of fireworks in our communities is not acceptable, and I believe that that message has been sent out very clearly both from this Parliament and from all our partners including the Scottish Fire and Rescue Service and Police Scotland. To anyone who misuses fireworks, the line from our prosecutors and our courts is very clear that people who offend will be dealt with robustly.

We condemn any attack on our emergency services. It is a relief that, as I was able to report to the Parliament, the personnel who were injured will be able to make full recoveries, and it is hoped that on-going police inquiries will identify the perpetrators.

Where we have powers, we have acted. That applies to fireworks and it applies to sentences for attacks on police officers and firefighters. We have the Emergency Workers (Scotland) Act 2005, which supplements the common law and contains specific offences that can be used, which carry sentences of up to 12 months in custody. We are always prepared to keep the law under review, as I am sure that the member is aware, but we have no real evidence that sentencing rules are encouraging criminality.

To help to bring the offenders to book, I encourage anyone who has any information about these senseless attacks on our emergency services or any wider disturbances that occurred to contact the police. They can do that either directly or anonymously through Crimestoppers.

As I have said to the member, we are always prepared to keep the law under review, and I do not have evidence that sentencing rules are encouraging such criminality. A range of tools can be used by the police and prosecutors for such offences; for serious offences, that includes sentences of up to life imprisonment. I therefore believe that the courts have at their disposal the tools to be able to prosecute such offences appropriately.

I am sure that the member is aware that the Government is committed to curtail the misuse of fireworks and bring it under control through a number of short and longer-term legislative and non-legislative actions. We set up the fireworks review group to look at how Scotland’s regime for the sale and use of fireworks could be improved, and I am committed to progressing its recommendations. This year, we have changed the law, and the early signs from the gold commanders to whom I spoke last year are that has had a positive effect. We have also funded a number of public awareness campaigns and have funded trading standards officers for education and enforcement.

The Government is committed to curtailing the misuse of fireworks and to creating a regime, in sentencing and in legislation, that will improve Scotland’s relationship with fireworks.

The Scottish Government set up the independent fireworks review group, chaired by former chief fire officer Alasdair Hay, to undertake a thorough review of the evidence on the sale and use of fireworks, including data on the impact of firework use in Scotland and international case studies.

Last year, I welcomed the group’s recommendations and committed to progressing them as soon as possible. We have already legislated to implement a number of them, which means that, this year, the times of day at which fireworks can be supplied to the general public are restricted, as are their volume and the times of day at which they can be set off. Following a consultation this summer, we will shortly be introducing primary legislation to implement the group’s remaining recommendations. Taking that together with the non-legislative actions that we are progressing with our partners, we aim to deliver a fundamental change in the culture of Scotland’s relationship with fireworks, to better protect our communities and our emergency services.

Secondary legislation was made in the summer in order to work with the profession on that. Regarding the long term, I have already made commitments in the chamber that we intend to retain the scope of legal aid and to ensure that it continues to have a demand-led budget.

The legal aid reform bill will be introduced in the lifetime of this parliamentary session. Through that bill, we want to make the system easier for users; we want to streamline the justice system so that it works better for everyone; and we want to address issues of capacity and sustainability. Part of that will, of course, involve funding. I assure the member that we are looking at and alive to those issues. I am sure that she will be interested in the legal aid reform bill when it comes to the Parliament.

We are constantly working to address the issue. About six weeks ago, I had a meeting with Police Scotland, and I raised that exact issue. I hope that Police Scotland will come back to me with a bit more information on its approach.

To inform our approach, we are undertaking a programme of work to look at international successes that have challenged men’s demand for prostitution. We want to build on the experience of what has gone before and understand how we can apply it in Scotland. It is vital to ensure that any changes that are introduced in law are balanced with the necessary package of measures that will ensure that women are supported and their needs met by the services that are available.

I will quote Diane Martin, who has been working in this area for 20 years. My quote is similar to that used by Elena Whitham earlier. Diane Martin said:

“I want to see the Sex Buyer Law introduced ... because it is the demand that fuels the exploitation that is the sex industry.”

She also said:

“I want it to be near impossible for organised crime, pimps and punters to operate here”,

and

“I want to be part of a society that rejects the idea that people are for sale”.

I agree with Diane Martin.

Prostitution cannot be considered in isolation, and there are many aspects that we need to look at, including online advertising—a number of speakers have mentioned that, and I note the excellent work that the CPG did on it—substance misuse, human trafficking and increased economic hardship, which may make women more at risk of prostitution. We are alive to all those issues and will be working on them.

Sometimes when I talk to people about prostitution, I think that they wonder why there is an emphasis on challenging demand—they think that there are more important things that we could be doing. That is because, for a lot of people, prostitution is hidden and not out in the open, confronting people with its reality. Often, it is in the shadows. Even so, I believe that prostitution harms the individual and impacts on society’s view of all women. After all, the misogynistic attitudes of sex buyers are well documented. How women are viewed and treated, and men’s violence against women, are connected. My vision is of a Scotland where all women and girls are treated with respect, not one where we turn a blind eye to abuse, violence and trafficking.

A few years ago, I met a young woman who had been prostituted but had exited prostitution by the time I met her. She told me about finishing her studies and embarking on a professional career—she had entered prostitution when she was still a girl. She also told me that something really had to be done about the punters, because they are the ones who are driving it. She then looked at me and said, “Actually, I’m really surprised that you’re here. I didn’t think that the Government cared about people like me.” Well, we do care.

Russell Findlay has asked a very fair question. My officials are working with all our justice partners to ensure that people who need legal advice can receive it and that disruption to the courts is minimal. I again take the opportunity to thank those partners for their hard work over the weekend.

I am assured that there is sufficient cover to provide legal advice to anyone who is in custody who requires it. That capacity will be monitored at all times. Justice partners, including duty solicitors and the judiciary, are primed to assist those individuals in any way they can.