SCOTTISH EXECUTIVE
Minister for Justice (Visits to Stirling)
To ask the Scottish Executive when the Minister for Justice will next visit the Stirling district and whom she will meet there. (S2O-246)
Recently I met the chief constable of Central Scotland police and others in Dunblane, at the conference of the Association of Chief Police Officers in Scotland. I expect to have further visits to the Stirling area in due course.
I am glad that the minister met the chief constable of Central Scotland police, which provides an excellent service. Is the minister aware that in the Stirling district recorded crime is up some 6 per cent and vandalism is up some 26 per cent on last year? Can the minister explain why the Executive's justice policies are failing in Stirling despite the excellent work of Central Scotland police?
I welcome Mr Monteith's recognition that the police are doing a good job. He is correct that the overall crime rate in Stirling and, indeed, in the central region rose between 2001 and 2002. That rise included a substantial rise in recorded cases of vandalism. However, Central Scotland police has attributed the increase in recorded cases of vandalism to the work that it is doing and to better reporting. I do not believe that the Executive's policies are not tackling the issues. We have a wide range of measures in place and will continue with them. I am sure that Mr Monteith will look forward to hearing more in due course about our plans to tackle vandalism, antisocial behaviour and other problems.
I trust that the member for Mid Scotland and Fife will invite the Minister for Justice to visit all constituencies in his region. I wonder why there is the sudden concentration on Stirling.
It is welcome to hear examples of good practice. I certainly had a very interesting discussion with the police and I look forward to hearing more about the work that is being done, particularly on tackling youth crime. It is important that we divert young people from getting involved in crime but, when they get involved, we must act quickly. The idea of having dedicated officers to deal with such issues is very important. I look forward to receiving an invitation from Sylvia Jackson to visit her constituency.
Deprived Communities (Cultural Activity)
To ask the Scottish Executive how it is helping people from deprived communities to participate in creative cultural activity. (S2O-231)
Scottish ministers are committed to helping people from deprived communities to participate in creative cultural activity in all its forms. That is why the Scottish budget for 2003-06 will invest an extra £3.85 million in 2004-05 and £6.95 million in 2005-06 in cultural activities across Scotland with specific targets to widen participation by under-represented groups and to boost standards. Those targets will guide the work of all our cultural agencies.
The minister may be aware of Paisley Youth Theatre in my constituency, which provides an outstanding service for young people. However, the Scottish Arts Council does not have available to it any small pump-priming funds for communities that want to have one-off flagship community theatre productions. Will the minister, in his forthcoming discussions with the SAC on the national cultural strategy, consider the need for such pump-priming local funds for local flagship productions?
As someone who has taken school parties to the venue in question, I would be happy to assist in discussions on behalf of the local member. Our other commitments include the development of a creative links officer in Renfrew schools and the development of the four school co-ordinators who are operating in secondary schools in Renfrew. That will provide an opportunity to open up much more debate, as local authorities and other partners do community planning. If the budget is available for local projects to be developed with a small amount of money, there is nothing to prevent discretion from being exercised to allow those projects to be engaged in more imaginatively. If the member feels that it would be worth while, I would be happy to visit Paisley Arts Centre, which I understand is the venue for a major show called "Paisley in Stitches". There are enough comedians in Paisley, I understand.
Less Favoured Areas Support Scheme
To ask the Scottish Executive when it will publish details of payments made to farmers and crofters under the less favoured areas support scheme for 2003. (S2O-204)
The member may not realise that, due to legal restrictions, I cannot name individual producers who receive subsidy payments. Details of individual payments to farmers and crofters are subject to restrictions on the release of data under European Community legislation and the Data Protection Act 1998.
Does the minister realise that crofters and small farmers throughout the Highlands and Islands suspect that the largest payments have gone to farmers with large businesses? They suspect that the 5 per cent of farmers with the largest farms get a third of the subsidies that are paid and that half of the farmers and crofters in Scotland get only 5 per cent of the support payments. The failed Labour candidate in Argyll and Bute elicited that information during the election, when he asked the Liberal minister to explain why he did not use the means that were made by the European Union to put a clause in the payment regulations so that that information could be made public. If the minister is not prepared to make that information public now, is he prepared to do so at any future date?
The nationalists certainly know about failed candidates.
At the end of March, along with crofting representatives from the Western Isles, I met Ross Finnie to discuss their concerns about the LFASS. At that time, Mr Finnie said that Executive officials were to engage in discussion with crofting officials from Comhairle nan Eilean Siar. Is that work in progress and can we expect a more equitable distribution formula for the next year and the following years?
Yes. As I confirmed in my answer to the previous question, that work is indeed in progress. Although the introduction of the minimum payment has been beneficial, it probably needs to be re-examined. As my colleague said, meetings have been arranged. Next week, there will be a meeting between my officials and stakeholders to discuss improvements to the scheme.
National Health Service (Prescription Charges)
To ask the Scottish Executive whether it will remove charges for NHS prescriptions, in the light of plans to do so in Wales. (S2O-206)
We have no plans to remove charges for NHS prescriptions. The Executive is committed to reviewing prescription charges for people with chronic health conditions and young people in full-time education or training.
I am sure that the minister is aware that the Welsh Assembly has announced plans to abolish prescription charges altogether in Wales, as it concluded that prescription charges meant that the sick paid for being sick. Given that the National Association of Citizens Advice Bureaux reported that, in Britain last year, 750,000 prescriptions were not dispensed because of the £6.30 charge, does the minister accept that, as 90 per cent of Scots are already exempt, it is time to end the unfairness that is visited on the remaining 10 per cent?
It is for the Welsh Assembly to make its own decisions; that is the whole point of devolution. We in Scotland concentrate on what we regard as priorities and the people of Wales are perfectly entitled to do the same.
Further to the minister's answer, what will be the net cost of making all prescription items for chronic conditions free while retaining charges for non-chronic treatment for those who currently pay prescription charges?
That information is not currently available. That is the point of reviewing the current situation with regard to chronic conditions. The definition of chronic conditions must also be examined before that review can take place.
Will the minister comment on the allegations that are made on page 2 of this morning's Daily Record about a legal loophole that means that those who are able to claim free prescriptions are not getting their entitlement to free school meals?
My information is that there has been no oversight on free services because of the new tax arrangements. The necessary statutory instrument to allow free eye checks is already in place. We are currently working on the three other areas of prescription charges, dental checks and hospital travel. However, they do not require primary legislation.
Although I welcome any extension of the exemption system for NHS prescription charges, I am concerned about the apparent shortfall in prescription provision. Is the minister in a position to respond to last night's media reports that Greater Glasgow NHS Board is not prescribing beta interferon to multiple sclerosis sufferers because of financial constraints? That situation could adversely affect several of my constituents.
I am aware of those press reports and our officials are in discussions with Greater Glasgow NHS Board.
Minority Sports
To ask the Scottish Executive what action it is taking to widen access to minority sports. (S2O-222)
The Executive is committed to generating opportunities to participate in sport. It is primarily for sports governing bodies to promote their sport, but the Executive, through sportscotland, will offer support and assistance where sports contribute to the sport 21 targets. For example, in 2002-03 sportscotland paid more than £85,000 to the Scottish Volleyball Association in development grant aid and £38,000 to Table Tennis Scotland.
I thank the minister and congratulate him on getting the job; I think that he will do a good job.
Part of my role is to continue the excellent work that was done by my predecessors in the portfolio. It is essential to acknowledge the role that sportscotland plays in the competitive arena of different sports competing for money.
Will the Executive ensure that more public funding goes to sports, including minority sports, that are organised in a fair, open and democratic manner, instead of handing out nearly £3 million to members of a closed cartel, like the Scottish Premier League, which is flouting the basic principles of natural justice by denying Falkirk Football Club promotion as champions of the first division?
I do not imagine that Dennis Canavan would ever consider Falkirk Football Club to be a minority club in Scotland. The issue to which Dennis Canavan referred is a matter for the bodies involved, in terms of their autonomous rules and regulations, and clubs have to address issues through that structure. It would be wrong for me as a minister to pass comment on that.
National Health Service (Prescription Charges)
To ask the Scottish Executive when it will commence a review of prescription charges for people with chronic health conditions and young people in full-time education or training. (S2O-251)
Preparations are in hand and we expect the review to commence within the next few months.
That is good news. Does the deputy minister agree that as the current criteria that are used to confer exemption from prescription charges were agreed back in 1968, the commitment to a review is long overdue, and the news is most welcome?
I am more than happy to agree. It is right that we carry out the review. It is exactly the kind of detail that devolution allows us to focus on. Our partnership agreement rightly highlighted that that is an important area, and we will treat it accordingly.
What action is the Scottish Executive taking to raise awareness of the £89 per year fee that patients with chronic illnesses can pay to cover all prescription charges? I understand that more than a quarter of such patients do not know about the annual fee.
A range of initiatives, including information leaflets, tries to make as many people as possible aware of the ways in which they can reduce the burden of charges. If the member has any particular concerns, I am perfectly happy to discuss them further with her outside the chamber. If I can supply any further information to the member, I will do so in writing.
Prison Conditions
To ask the Scottish Executive how it will respond to criticisms of prison conditions made by Her Majesty's chief inspector of prisons for Scotland. (S2O-219)
The recommendations are being considered carefully by the Scottish Prison Service. The Executive plans to invest £110 million over the next three years to improve dramatically conditions across the prison estate.
I thank the minister for her reply and welcome her assurances. The minister will be aware of continuing concerns about the condition of prisons in the north-east, in particular in HMP Peterhead, where it is becoming increasingly clear that there is a significant requirement for urgent action. I accept that there is no easy quick-fix solution, but I seek confirmation that any investment will go to the core of the underlying poor conditions, and will ensure a much more modern regime for prisoners and staff alike. In addition, I ask the minister for an early meeting to discuss those concerns.
I am happy to hold discussions with Marlyn Glen on that issue. I confirm, as I have already done for the local member, that in relation to Peterhead a combined business case has been put forward for the installation of electric power in cells and in-cell fire detection. That will take about £800,000-worth of work, which we hope will commence as quickly as possible. Some of the other concerns about facilities that were expressed previously in the chamber will be addressed, but the member is absolutely right to say that there is no quick-fix solution.
I wish to turn to another north-east prison—HMP Craiginches in Aberdeen. Will the minister confirm whether there are any long-term plans to change the role of Craiginches prison? How much of the cash that the minister just mentioned will go to Craiginches to tackle long-term understaffing and overcrowding?
First, I am not going to get into a bidding war in the chamber about what money goes to what prisons across Scotland or, indeed, across the north-east of Scotland. There are problems at Aberdeen, of which I am sure Richard Lochhead is aware. There have been issues to do with the lack of accommodation and people having to double up, but we have to address those issues across the whole prison estate. It is important to recognise that what goes on inside prisons in relation to programmes that change people's behaviour is as important as the state of the buildings.
What measures have been taken since the inspection of HMP Cornton Vale last September to implement the recommendations on sentencing policy? Has there been an improvement in relation to the number of women who are sent there who have committed drug-dependency-related crimes or who are there for non-payment of fines?
Carolyn Leckie raises a serious issue. People are concerned about the number of women who end up with custodial sentences for non-payment of fines. It is clear that we need to address that. We also need to consider the programmes that will be made available. I will shortly make an announcement on a sentencing commission to consider some of those issues. However, I will not stop considering the programmes involved to ensure that when people come out of prison they get the help and support that they need to get back into life in their community and not reoffend.
Transport Budget
To ask the Scottish Executive what percentage of its transport budget will be spent on public transport in each year of this parliamentary session. (S2O-227)
The budget for 2006-07, the final year of the session, will be set in the next spending review. Of the £844 million transport budget for 2003-04, 64 per cent will be spent on public transport. Of the £905 million budget for 2004-05, 66 per cent will be spent on public transport and of the budget of just over £1 billion in 2005-06, more than 69 per cent will be spent on public transport.
Given that, since the much-trumpeted figure of 70 per cent was formulated in September 2002, the estimated cost of the M74 has more or less doubled and given that the M74 might also affect roads spending, do the figures that the minister has just given take account of such increases?
The funding that is allocated for road infrastructure projects and significant public transport infrastructure projects—the most ambitious railways investment scheme for decades is being planned and delivered in Scotland—is covered by the long-term allocations that we have made. Chris Ballance will know that the funding allocation for that is £3 billion over the next 10 years.
I remind the minister of his cheery and upbeat wee speech in the transport debate last week, and in particular of what he said about buses. Given that Peebles, along with other Borders towns, is to lose its town service, which will isolate the elderly and disabled in particular from the local health centre and post office, will he explain to Borderers why he is so cheery and upbeat?
Every local authority in Scotland has the power to take action in relation to the network of bus services that it thinks is right for its communities. We are investing more in bus services as a result of the concessionary fares schemes that we intend to bring in during this session. We are committed to—
There are no buses.
If Christine Grahame will give me the opportunity to do so, I will tell her that we are committed to expanding investment so that there is a concessionary fares scheme for older people throughout the whole of Scotland and a concessionary fares scheme for younger people who are in full-time education.
Does the minister agree that the continuing enhancement of the east coast main line is of great economic benefit to Scotland? Will he agree to work in partnership with the Strategic Rail Authority and local authorities to ensure that proposals such as the development of a parkway station at Musselburgh are developed? That project is especially important because of the growth of local economies in the area and the forthcoming move of Queen Margaret University College to the area.
I agree with that. The east coast main line from London to Edinburgh and on to Aberdeen is extremely important. I become concerned when the line is defined simply as a route to Edinburgh.
Hepatitis C (Financial Assistance)
To ask the Scottish Executive what further progress has been made in negotiations with Her Majesty's Government about payments of financial assistance to those infected with hepatitis C through contaminated blood and blood products while undergoing national health service treatment. (S2O-229)
We are discussing with the UK Government the issue of devolved powers and social security aspects. The issues involved are complex and those discussions are still in progress.
Is the minister aware of the growing frustration—in particular with answers such as the one that he has just given—that is felt by hepatitis C sufferers after waiting nearly five months with no progress having been made in his negotiations with Westminster? Can he tell us today what more he is going to do to resolve the issue? What is his alternative plan if Westminster says no?
I am sure that Shona Robison and others will understand that the negotiations involve detailed legal interpretation of the Scotland Act 1998. We have certainly made the UK Government aware of our legal advice, and clearly we must allow Westminster to come up with its interpretation of that act. I have already discussed the matter with the new Secretary of State for Scotland since his appointment last week, and I can assure Shona Robison that my officials and I are doing all that we can to continue discussions and negotiations with the UK Government.
High Court<br />(Time Limit for Commencement of Cases)
To ask the Scottish Executive whether it will extend the time limit for commencement of High Court cases beyond 110 days. (S2O-214)
This morning I announced the publication of a white paper on reform of the High Court of Justiciary, which includes proposals to modernise the 110-day time limit as it operates in relation to High Court custody cases.
The minister will be aware of the real concerns that have been expressed about changing time limits for court cases. Does she agree that there is no evidence to support the extension of the time limit for sheriff court cases? Will she assure me that the Executive has no plans to increase the time limit for those cases?
It is important that the proposal is understood. The proposal is to make the 110-day limit run to the preliminary hearing that we will introduce, with a further 30 days within which the trial must start. That follows a recommendation by Lord Bonomy. He asked us to consider whether that time limit ought to extend across all procedures, but we feel that the problem is most acutely evidenced in the High Court; the proposal in the white paper is therefore to restrict the extension to the High Court.
Does the minister agree that the 110-day rule is an important principle of the Scottish criminal justice system and that it is in the interests of victims and accused persons? Does she agree that the way to tackle the Crown Office's current problem in meeting the deadline of 110 days is to ensure that it has the resources to do its job more efficiently, rather than to try to extend the time scale which could, ironically, slow down justice rather than speed it up?
It is important to understand the reasons behind the proposal, including some of the reasons that Lord Bonomy outlined in his report. The proposal is not designed to help the Crown. We are not changing the core 80-day time limit within which the Crown must indict an accused. It is important to recognise that many victims and witnesses were turning up at court when processes were not able to go ahead.
Fostering (Remuneration)
To ask the Scottish Executive whether children's relatives are entitled to receive remuneration in respect of fostering them. (S2O-221)
Our regulations and guidance give local authorities the discretion to decide what allowances to pay in line with local circumstances. We have no plans to change that.
I am afraid that the minister's reply is inadequate in the light of accounts given to me by about 30 grandparents who are suffering greatly while they care for their grandchildren. Grandparents have dutifully assumed a caring role for a variety of reasons and view that role as their natural responsibility; however, the social services sector appears to be ignoring those grandparents' rights. Does the minister accept that it is no less expensive to provide for a child just because he or she is a relative? Does he therefore agree that it is inappropriate—if not illegal—for local authorities to operate at their discretion a two-tier system whereby relatives are paid less than foster parents for the care of children?
What can I say? The Executive acknowledges the valuable role that relatives play in caring for children in Scotland, but as I said, the matter is at local authorities' discretion. However, it might help the member if I refer him to regulation 9 of the Fostering of Children (Scotland) Regulations 1996. The accompanying guidance suggests that where relatives or friends are approved as foster carers, it is unlikely that the cost of caring for the child will differ markedly from the cost to other foster carers.
Does the minister agree that statutory provision already exists in the Children Act 1989 and the Children (Scotland) Act 1995, which allows local authorities adequately to pay relatives who foster children? The key point is whether relatives are fostering temporarily or acting as foster carers and have been approved through the appropriate fostering regulations.
Mr Barrie is correct in what he says about powers; he has made another relevant point with which I agree.
Landfill Sites<br />(Road Transportation of Waste)
To ask the Scottish Executive what its policy is on transportation by road of large volumes of waste to landfill sites. (S2O-218)
Our policy is to minimise any environmental impacts from waste management. We therefore encourage rail transport where feasible and freight grants are available to assist with the process.
Is the minister aware that the planning consent for the Oxwellmains landfill site near Dunbar stipulates that waste from Edinburgh city should always be transported by rail? Is he also aware that, since rail transport was suspended six months ago, thousands of truckloads of rubbish from Edinburgh have added to congestion on the single carriageway A1 in East Lothian? Can the minister do anything to help to get Edinburgh's rubbish back on track?
I am well aware of the problem to which John Home Robertson refers, not least as a result of his prodigious efforts in bringing the problem to my attention, as well as those of East Lothian Council. We are keen to expedite the transfer of Edinburgh's waste back to rail. The good news for John Home Robertson's constituents and the wider environment is that I understand from City of Edinburgh Council officials that the transfer station at Powderhall is expected to reopen at the end of the month, when rail transport should recommence. The member's efforts have paid off.
Kerbside Recycling
To ask the Scottish Executive whether it has set any targets for kerbside recycling. (S2O-228)
The Executive's partnership agreement stated that we will set targets for local authorities to recycle 25 per cent of waste by 2006 and 55 per cent by 2020 through increasing use of doorstep collection and provision of recycling facilities in every community.
The Scottish Green Party welcomes the publication of the "Separate Waste Collection Systems Best Practice Review" on Tuesday as more practical evidence that Scotland's recycling rate can be significantly increased. Will the minister give details of how Scotland will move from current rates of household collection of recyclables to the target of 85 per cent—that is the target that I have—by 2010, as published in the national waste strategy? Which of the six collection scenarios in Tuesday's report does he favour for areas of high-density housing?
I will answer the last question first. I would favour the best local environmental option. As Shiona Baird will be aware, there were targets within the Labour manifesto that we were persuaded by advice to leave out of the partnership agreement, principally because we want to see the best local environmental options being adopted at local authority level. That might mean a bring system as opposed to kerbside collection, especially in our more remote rural locations. The issue is about the option that is considered best by the local authority and the local people.
Questions 14 and 15 have been withdrawn.
Solutions RMC
To ask the Scottish Executive whether it is in the public interest to vary the interdict granted to Tony Freeman of Solutions RMC preventing Robert Winter of Breast Cancer Research (Scotland) from divulging any information pertaining to Solutions RMC's business, finances, products, dealings, transactions or affairs to any third party. (S2O-199)
No. There is nothing in those proceedings that prevents my office from carrying out its functions in relation to the proper administration of charities. I should add that the terms of the interdict relate to the private commercial interests of the witness and his former employer, and prevent the witness from using for the commercial advantage of others information of a commercial nature that has been gained through his employment. That matter is sub judice and I make no comment on it.
Tricia Marwick will be aware of the sub judice constraints.
My understanding is that the interdict is a blanket order with no exclusions. A written answer from the Lord Advocate suggests to me that Mr Robert Winter could co-operate with the regulatory authorities. Can the Lord Advocate confirm whether, with the interdict still standing, Mr Winter would be able to give evidence to ³ÉÈË¿ìÊÖ and any committees of Parliament when they consider any charities bill?
I cannot comment on the proper administration of Parliament. My office is not inhibited by the terms of the interdict.
Angus Council (Road Improvement Projects)
To ask the Scottish Executive when it will next meet representatives of Angus Council to discuss the A92 Dundee to Arbroath upgrading and Montrose bridge replacement projects. (S2O-209)
We have no plans at present to meet representatives of Angus Council to discuss the A92 Dundee to Arbroath upgrading and Montrose bridge replacement projects.
That is no surprise. Perhaps Angus Council has realised that it would be an unproductive use of its time to talk to the minister.
Those are both local road projects and are rightly the responsibility of Angus Council. However, I met representatives of Angus Council recently at the opening of the Forfar overpass and underpass schemes. At that meeting they thanked me for the support that the Executive had provided for the scheme to take forward the proposals on the A92 upgrade. I understand that the scheme is now moving forward.
The project is due to start in the autumn. Given the project's importance to the whole north-east economy, what extra help is the Government prepared to give, rather than put the major burden on the shoulders of local taxpayers? After all, central Government de-trunked the road and refused to finance the lifeline bridge.
I refer to the answer that I have given. The A92 is a local road; it is primarily the responsibility of Angus Council, but the Scottish Executive gave initial help and, when the local authority came back to us, we gave extra help. The project is now proceeding.
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