Meeting of the Parliament (Hybrid)

Meeting date: Thursday, March 10, 2022

Official Report 1081KB pdf

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Portfolio Question Time

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Constitution, External Affairs and Culture

We will be tight for time over the course of the afternoon, so we will press on to the next item of business, which is questions on the portfolio of constitution, external affairs and culture. Members who wish to ask a supplementary question should press the request-to-speak button or type R in the chat function during the relevant question.

I call question 1. [Interruption.]

I am sorry for being late, Presiding Officer.

What you lose in Scottish Parliamentary Corporate Body questions, you gain back very quickly in constitution questions.

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Platinum Jubilee (Support for Communities and Organisations)

To ask the Scottish Government what support it is offering communities and organisations across Scotland to mark the Queen’s platinum jubilee. (S6O-00838)

I am delighted to hear the question. The Queen’s platinum jubilee is a significant milestone and the Scottish Government welcomes the celebrations that will take place across the country throughout this special year.

Jubilee celebrations are commonly community led and Scottish Government officials are ensuring that lord lieutenants, community councils and local authorities are informed of opportunities to be involved in the celebrations.

The cabinet secretary will be aware that the United Kingdom Government has funded the Queen’s Platinum Jubilee fund 2022 and, crucially, that £70,000 has been earmarked for Scottish Borders Council. What specific support is the Scottish Government offering to local communities, local authorities and charities, to help their celebrations of that magnificent milestone in Her Majesty the Queen’s reign?

Scottish Government officials are working with Her Majesty’s personal representatives in Scotland, the lord lieutenants, to promote the community-led events that are so much a part of the historical celebrations of royal jubilees. We are also engaged with the Queen’s Green Canopy, via our executive agency, Forest and Land Scotland. I would be delighted to hear about anything particular that is planned for Scottish Borders Council, as well as any suggestions about how those particular projects can be further supported.

Question 2 was not lodged.

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Independence Referendum Bill (Legal Advice)

To ask the Scottish Government whether it will provide an update on any legal advice it has sought for its proposed independence referendum bill. (S6O-00840)

It is the long-established convention of this and previous Governments that legal advice is not disclosed, other than in exceptional circumstances. That reflects the public interest in the provision of free and frank legal advice and maintains the right to confidentiality of communications between legal advisers and clients.

I have a very specific supplementary question. I am not asking for the content of any legal advice, but I am asking whether the Scottish Government has taken legal advice—internally or externally, from the Lord Advocate or any lawyer—on the question whether its proposed independence referendum is within the legislative competence of this Parliament. Can he answer yes or no?

I will rest on the answer that I previously gave to the learned gentleman, who, as a member of the Faculty of Advocates, is well aware of custom and practice in relation to the convention on legal advice. I will not depart from that tradition today, although I am grateful for the opportunity that he gave me to do so.

There are two brief supplementaries on the legal advice.

Does the cabinet secretary agree that, if members of the Opposition are so keen to discuss the on-going preparatory work for an independence referendum, they should join us in calling on the United Kingdom Government to honour the democratic mandate granted by the Scottish people, so that an open and fully-informed dialogue on the opportunities of independence can begin as soon as possible?

Cabinet secretary, that question was not directly related to the legal advice, so please give a brief response.

I agree; and I welcome the point raised by my colleague. Seventy-two of the 129 MSPs elected to the chamber were elected on manifestos that commit them, and this Parliament and Government, to holding a referendum on Scottish independence during this parliamentary session. The Bute House agreement reached between the Scottish Government and the Scottish Green Party confirms and strengthens that clear mandate. It would be disappointing if democratically elected members of this or any other Parliament sought to undermine the democratically expressed wish of the electorate in elections, as was cast last year.

It is extraordinary that the cabinet secretary cannot even acknowledge whether he has sought advice—not what that advice is, but whether he has even asked for that advice. I think that the Parliament deserves to know whether the Government has done its due diligence and carried out all the right preparations on a legal basis. I am not asking what that advice is, but whether he has even bothered to ask. Will he give us an answer? Has he asked for and has he received advice?

Forgive me—I do not know whether Willie Rennie came into portfolio question time without having heard my earlier answer, because it has not changed. Rather than reading out the question that he wrote before arriving, perhaps he could have listened to the answer that I gave earlier. I rest by it.

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Proposed Legislation

To ask the Scottish Government whether it will ensure that any proposed legislation in the constitution, external affairs and culture portfolio is brought forward in a fair and transparent manner. (S6O-00841)

All legislation that the Government brings forward will continue to be of the highest standard and open to the full scrutiny of the Parliament.

Unfortunately, that response and the responses that he gave to my colleague Donald Cameron and to Willie Rennie strike at the very heart of fairness and transparency and suggest that what he says is not the case. If the cabinet secretary is to maintain the ridiculous position that, in his own Government’s words, it is

“not in the public interest”

for the people of Scotland to know about even the existence of advice on the legality of its proposals, it is clear that secrecy has trumped transparency. I will give the cabinet secretary another opportunity to answer. Has the Scottish Government taken legal advice on its plans for another referendum? If he still refuses to say, will he at least tell us whether it will spend taxpayers’ money defending and trying to hide that information from the public this time around, as it did in 2013?

It is a curious thing that we now have a third member who did not listen to the answer to the question—[Interruption.]

Forgive me, Presiding Officer. Give me a moment so that I can answer the question in exactly the same way as I already have. With your indulgence, it reads as follows: It is the long-established convention of this and previous Governments that legal advice is not disclosed, other than in exceptional circumstances.—[Interruption.]

Instead of barracking, members on the Conservative benches should listen to the answer, having asked for one.

That reflects the public interest in the provision of free and frank legal advice and maintains the right to confidentiality of communications between legal advisers and clients.

Thank you. There is a supplementary from Kenneth Gibson.

Does the cabinet secretary agree that Tory MSPs should be more concerned about the abysmal record of their own party and UK party leader? In the past three years alone, that has included illegally proroguing the Westminster Parliament, breaking procurement regulations—

On a point of order, Presiding Officer. As much as I enjoy Kenny Gibson’s interventions on these sorts of things, surely they should be relevant to the question that was asked.

Mr Gibson was in the middle of his question. I am sure that he will tie it back in to the substance of the relevant question. Mr Gibson, you may continue.

Do you wish me to start the question again?

I wish you to tie it in to the question to which this is a supplementary, Mr Gibson.

—breaking procurement regulations by handing out PPE manufacturing contracts to unsuitable companies at inflated prices and breaking Covid regulations, all without any transparency.

Yes, I agree.

What with the shifting sands of explaining parties in Downing Street, the unknown costs of their union unit—or, as it is now called, the Union Strategy Committee—which are buried within a headline figure of £81 million, and the courts finding their Covid contracts going to party supporters “unlawful”, the lack of interest of Conservative members appears to follow that old adage of, “Do as we say, not as we do.” As is so often the case, the double standards of the Tories help to make the case for independence.

Questions 5 and 6 are grouped.

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Ukraine (Support and Aid)

To ask the Scottish Government what progress it has made on identifying support and aid that it can provide for people in Ukraine and Ukrainians leaving their country and seeking refuge. (S6O-00842)

We have provided £4 million in humanitarian aid as part of global humanitarian efforts: £1 million has been allocated to the British Red Cross and the Scottish Catholic International Aid Fund; £2 million has been allocated via the Disasters Emergency Committee appeal that has been launched in Scotland; and £1 million has been allocated to UNICEF to focus on protecting children.

Our first donation of medical supplies arrived in Poland on Thursday. The second donation, which left Scotland on Friday, included more than 130,000 items of medical supplies. I was fortunate enough to be able to see that shipment leave Eurocentral. I thank everyone who helped to turn that around so quickly.

We continue to press the United Kingdom Government to waive visa requirements for Ukrainian nationals and to offer immediate refuge and sanctuary for those who may be displaced. Today’s Home Office announcement does not go far enough. Scotland is ready to offer a warm welcome to people who are fleeing Ukraine.

I thank the minister for that update. Today’s Home Office announcement of a streamlined virtual visa application process for Ukrainians is positive, but does the minister agree that what we really need is a fundamental shift by the UK Government to change the rules, not just the processes? Ukrainians still have to apply for visas.

We have many seasonal workers in Scotland, who cannot even bring direct family here. A massive humanitarian crisis is faced by millions of Europeans, and the Home Office’s response has been poor and pitiful. Does the minister agree that the people of Scotland expect to help and that the Ukrainians who seek shelter deserve so much better?

Yes, I do. I support the passionate way in which Fiona Hyslop made her case. The UK Government’s response has been an international embarrassment. The UK’s offer to Ukrainians is not a refugee route, but a bureaucratic family immigration route that is leaving thousands out in the cold—literally—queueing outside visa application centres.

Progress is being made, but waiving visa requirements and introducing a comprehensive settlement programme would resolve the issues, if only there were the political will to do so. There seems to be no one, apart from the Home Secretary, who does not see the need for more urgent action.

Question 6 comes from Mark Griffin, who joins us remotely.

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Ukrainian Refugees (Accommodation)

To ask the Scottish Government what work it has undertaken with its partners, and funding it has identified, to accommodate refugees from Ukraine. (S6O-00843)

Scotland has a proud history of welcoming refugees and people seeking sanctuary from war and violence. The Scottish Government and Scotland’s local authorities have made it clear to the United Kingdom Government that we stand ready to offer refuge and sanctuary, where necessary, for those who may be displaced. We are therefore working with the Home Office, the Convention of Scottish Local Authorities, local authorities and other partners to provide people with the safety and security that they need to rebuild their lives.

The UK Government’s current proposals to support Ukrainian refugees via community sponsorship routes are insufficient, and we are still waiting for full details of how that will work. We continue to urge the UK Government to develop a comprehensive resettlement programme to ensure that Ukrainian citizens can be provided with the safety and security that they need to rebuild their lives.

The glacial response of the UK Government has been absolutely appalling. Yesterday, the Scottish Government’s Cabinet Secretary for Social Justice, Housing and Local Government said:

“we are working at pace to ensure that we stand ready to receive people”.—[Official Report, 9 March 2022; c 25.]

Given that the Home Office has finally said that it will ease entry requirements—although it is clear that it is not easing them far enough—can the minister confirm that accommodation and homes are being booked, capacity in schools has been identified and funding is ready so that we can welcome Ukrainians into communities here, as it is clear that we cannot wait for the UK Government to develop a resettlement programme?

Mark Griffin is absolutely right: the glacial pace at which things have been moving is desperate; it is an international embarrassment. I can confirm that we are working on all the aspects that he raises as potential routes to ensuring that we can provide safe, secure, long-term and sustainable sanctuary to people who are fleeing Putin’s war in Ukraine.

There are two brief supplementary questions on the topic.

I refer members to my entry in the register of members’ interests: I am a serving councillor in East Ayrshire.

The Convention of Scottish Local Authorities has added the voice of Scotland’s local authorities to that of the Scottish Government and Scottish Parliament in calling on the Home Secretary to step up the United Kingdom’s resettlement programme for Ukrainian refugees, citing the expertise of Scotland’s strategic migration partnership in supporting refugees and migrants and integrating them into our communities.

Notwithstanding today’s announcement about digital visas, will the minister comment on the Home Secretary’s claim that the UK is “doing everything possible” to speed up the remarkably slow roll-out of the visa scheme to Ukrainian refugees, especially in light of the full willingness of COSLA and our councils to play their part in Europe-wide efforts?

For “doing everything possible”, read “doing the least that they feel they can get away with”. We continue to call on the UK Government to urgently develop a proper resettlement programme. One reason why the Syrian resettlement programme was successful was that it was a comprehensive one in which partnerships worked to support people in need. I am proud that all 32 Scottish local authorities participated in the programme, welcoming more than 3,300 refugees into their communities. People in families were able to settle and make Scotland their home.

I want to see that again. Therefore, it is vital that rapid, safe and legal routes be established immediately and that the millions fleeing war are given sanctuary through such programmes. Scotland stands ready to offer a warm welcome and a refuge to those who need a home.

I commend to the minister the discussion that the Constitution, Europe, External Affairs and Culture Committee had this morning. Some excellent suggestions were made, particularly about gearing up not only our councils but the voluntary sector to support people who come to Scotland for a raft of reasons.

Will the minister commit to working with our business community and public sector partners to support fundraising for the Disasters Emergency Committee, to enable donations to be made? Will he also commit to developing work visas so that Ukrainian people who have skills and talents can come to work in Scotland?

I agree with Sarah Boyack. She has given me the opportunity to, once again, thank the people of Scotland for their incredibly generous support to the Disasters Emergency Committee appeal. More than £10 million has been raised in Scotland. That ensures that we are quickly and effectively getting financial aid to where it is needed.

Regarding how we can support people who arrive in Scotland, as I said to Mark Griffin, we are working across all areas of society to ensure that we have a co-ordinated response that will give people a safe and secure place to call home when they arrive in Scotland.

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Peace Institute

To ask the Scottish Government what progress it is making towards the establishment of a peace institute by the end of 2022, as set out in its 2021-22 programme for government. (S6O-00844)

Following an open tender process in January, we have contracted a consortium of expert researchers to help inform our thinking on Scotland’s future peace offer, which will report back to us in the summer. There has never been a more pertinent time to discuss Scotland’s approach to peace and reconciliation.

The Scottish Government has committed to establishing a peace institute, with a focus on human rights, by the end of this year. Amnesty International recently published a report into Israel’s apartheid against Palestinians. It includes a

“call on states to immediately suspend the direct and indirect supply, sale or transfer”

of arms to Israel. Given the human rights abuses that Palestinians face, will the Scottish Government’s peace institute have the scope to review the almost £10 million given by Scottish Enterprise in grants to arms companies that sell weapons to Israel?

I welcome the input of members from all parties on particular issues or causes, or about areas in which Scotland’s peace institute could play a meaningful role. I commend the member—and anyone else who is involved—for becoming involved in that process as we consider the form that a peace institute might take. I encourage the member to get in touch about any issues that she, or colleagues, feel should be considered as we make preparations to stand up the planned peace institute.

Does the cabinet secretary agree that the example set by our northern European neighbours, such as Norway, illustrates the positive diplomatic influence that nations of Scotland’s size and character can have in promoting peace on the world stage?

Norway is home to the Peace Research Institute Oslo, which explores peaceful relations between states, groups and peoples. Our research will consider the Norwegian approach and those of other nations to help us to determine Scotland’s distinct peace offer.

Like other nations of its size, Scotland has a wealth of soft power resources—in other words, assets that make us an attractive and trustworthy partner. The Scottish Government recognises that a good international reputation is produced by the country as a whole, and we will continue to collaborate with others to promote Scotland and our values on the international stage.

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Scene Stirling (United Kingdom City of Culture 2025)

To ask the Scottish Government what support it provided to Scene Stirling and other organisations as they prepared Stirling’s bid to be UK city of culture in 2025. (S6O-00845)

I congratulate Stirling on reaching the current stage in the competition. We expect the shortlist to be announced around the end of the month. Officials met the Stirling bid team to offer support and help to make connections with relevant partners. Additionally, officials worked closely with VisitScotland and Creative Scotland, which sit on the bid working and steering groups and provided input to the bid proposal. Scene Stirling, which is Stirling’s place partnership programme, is jointly funded by Creative Scotland and Stirling Council. It recently received a further £50,000 from Creative Scotland to build on its successful partnership work.

I thank the minister for his response and for his comments about Stirling. Achieving the status of UK city of culture 2025 would be a fitting accolade for the whole Stirling region, for surrounding communities and, indeed, for Scotland. The bid reflects the unique historic, cultural and architectural heritage of Stirling, and it is evidence of great collaborative work across the public, private and third sectors. Does the minister agree that achieving the status of UK city of culture 2025 would see great benefits for all of Stirling and its constituents?

Yes, I do. My alma mater is the University of Stirling, so I have an affinity there. I can see the obvious benefits that the status would bring to Stirling and the local area, and I wish the bid team every success in the shortlisting process. We stand ready to continue to support it as best we can, depending on the outcome.

A couple of members have supplementary questions. I hope that they are on Stirling’s bid.

As Scotland emerges from the darkest days of the pandemic, many are once again making the most of the rich cultural offerings that are all around us. Will the minister outline the ways in which the Scottish Government is supporting our culture, heritage and creative industries to flourish in the Covid recovery?

That question is not really related to the Stirling bid. Will you address it very briefly, minister?

Yes. Since the beginning of the pandemic, we have announced £256 million of support for cultural sectors, allowing libraries to reopen, supporting organisations and freelancers to keep working, bolstering the creative industries and ensuring the continuation of children’s creative learning. However, the work does not stop there. To give just a few more examples, I note that Creative Scotland has launched a recovery fund to support organisations to rebuild, musicians and artists can apply to a Scotland on tour fund to make new work across Scotland, and Screen Scotland has launched a fund to support cinemas to address the changes in the marketplace, including, I am sure, the Macrobert Arts Centre in Stirling.

You mentioned that right at the end. Well done, minister.

I wish every success to Stirling’s bid to be UK city of culture, but it is becoming clear that many cultural events, outlets and institutions across Scotland are struggling to keep their doors open in the wake of the pandemic. What more can the Scottish Government do to ensure that cultural organisations are supported so that events such as UK city of culture have a fighting chance of returning to Scotland in the future?

Please take the same approach, minister.

I thank Foysol Choudhury for recognising the challenges that exist for the cultural scene across Scotland, including in Stirling. We continue to do what we can to ensure that the sector is supported. Since January 2022, we have committed £81 million to the culture, heritage and events sectors to mitigate the impact of physical distancing and caps on attendances. I am very alive to the issues in the sector and I regularly meet stakeholders to ensure that the Government continues to do what we can to support them in the recovery.