Official Report 903KB pdf
Constitution, External Affairs and Culture, and Parliamentary Business
Good afternoon. The first item of business this afternoon is portfolio questions. The first portfolio is constitution, external affairs and culture, and parliamentary business.
Music Venues
To ask the Scottish Government how it supports music venues. (S6O-04153)
The Scottish Government values the importance of the music industry to Scotland’s culture. We have demonstrated our commitment to the culture sector through an increase of more than £34 million in funding for 2025-26 and by introducing new tax relief for hospitality premises, which will benefit smaller music venues. I urge members of the Scottish Parliament of all parties to vote for the budget in February to ensure that that transformational funding for Scotland’s culture sector is secured.
Notwithstanding what the cabinet secretary says about the budget, there are very real concerns in the sector about the viability of music venues. The budget gives 40 per cent rates relief but, unlike in England, that is capped at £51,000 of rateable value. That means that one third of venues that are associated with the Music Venue Trust are not eligible for support, including the likes of NiceNSleazy in Glasgow, the Voodoo Rooms in Edinburgh and Hootananny in Inverness, which are getting no support. How will the cabinet secretary, through the budget, secure the future of the venues that are currently feeling the pinch?
The Scottish Government recognises the role that grass-roots music venues play in supporting the talent pipeline. We will introduce a 40 per cent relief for mainland hospitality premises, including grass-roots music venues with a capacity of up to 1,500 and those with a rateable value of up to and including £51,000, and that relief will be capped at £110,000 per business. Further detail will be set out in secondary legislation in due course. That relief will reduce overheads and support the wider cultural ecosystem and the night-time economy. However, if Murdo Fraser has any proposals to widen, deepen and broaden support for the culture sector, I will be happy to look closely at them.
As Murdo Fraser said, unlike in England, the Scottish Government’s rates relief proposals are limited to venues with a rateable value of under £51,000. Music Venue Trust analysis shows that 19 venues will miss out due to the cap, including the Voodoo Rooms in the cabinet secretary’s constituency, which will pay more than larger venues. Given the soaring costs for grass-roots music venues in recent years, does the cabinet secretary agree that further and more targeted support is needed?
I am all in favour of more targeted support. As Foysol Choudhury knows, the Government’s proposals in the forthcoming budget are for the biggest-ever increase in culture and arts sector funding outside the Covid recovery period. I am open to looking at proposals for further and increased support beyond that.
However, to be honest, if members of the Scottish Parliament or Opposition parties wish for additional support for culture and the arts, the first thing that they will have to do is vote for the budget.
Independent Cinemas
To ask the Scottish Government how it is supporting independent cinemas. (S6O-04154)
The Scottish Government recognises the value of independent cinemas to our communities, and we continue to work closely with Screen Scotland and partners to support the development of such cinemas for Scotland’s audiences today and in the long term.
Screen Scotland’s strategy and its funding, which will increase by £2 million in 2025-26, support inclusive and sustainable growth of our screen sector, with a focus on ensuring wide access to cinema and a diverse range of screen content. That includes support for cultural cinema venues, organisations, touring programmes, independent film exhibitors and the distribution of Scottish titles across Scotland.
Since 2023, the Scottish Government, through Screen Scotland, has supported the campaign to reopen the Belmont cinema in Aberdeen through distribution of operational expenditure, which has allowed the charity Belmont Community Cinema Ltd to hire several staff who are working tirelessly to reopen that iconic venue in the granite city. Can the cabinet secretary provide further detail on any funding in the proposed Scottish budget that could help to ensure the reopening of that cornerstone of Aberdeen’s cultural ecosystem?
I very much recognise the huge value that the Belmont and cultural cinema as a whole bring to Scotland’s creative landscape. Cinemas such as the Belmont are a vital source of cultural experience, community connection, learning and wellbeing. Since the cinema’s closure in 2022, Screen Scotland has provided £320,000 in funding to support reopening of the Belmont.
The budget for 2025-26 includes a further £20 million for Creative Scotland for its multiyear funding programme, which will enable Creative Scotland to roll out that programme, thereby ensuring that the highest-ever number of artists and organisations receive regular funding.
The Scottish Government will continue to liaise with Screen Scotland to explore all viable options to deliver sustainable cultural cinema for our communities right across Scotland.
A reopened Belmont would be transformational for Aberdeen and the north-east, so it is disappointing to hear no capital support figure being talked about in that answer from the cabinet secretary, given that the Government has—commendably—made millions of pounds available for similar projects in Glasgow and Edinburgh.
Will the cabinet secretary meet representatives of Belmont Community Cinema Ltd, including the new chief executive officer, prior to the budget, hopefully to agree to send capital funding north of the central belt?
I have already met representatives of the Belmont cinema, and I will always be happy to meet them about any particular ask. What would be most disappointing, to be frank, is if MSPs were to abstain or to vote against the biggest-ever support for culture and the arts in Scotland. It is one thing to wish for the outcomes, but another to do so without supporting the means. If Conservative or Labour colleagues want to turn up week in, week out, month after month, saying that they support culture, they should actually vote for it.
Many areas in Scotland do not have access to any cinemas at all and rely on the Screen Machine to experience film. The Scottish Government has previously stated that it would consider all options for purchasing a new Screen Machine, because the current one is leased and is not suitable for all locations.
In the light of the record funding settlement for the Scottish Government by the new United Kingdom Labour Government, and the fact that the two previous Screen Machines were procured by the previous Labour and Liberal Democrat Scottish Government, what support is the Scottish Government proposing to provide in order to purchase a new Screen Machine?
As Neil Bibby knows, the Scottish Government budget proposes an increase in support for Screen Scotland, which is Scotland’s national agency that deals with film and television. He will also be aware of the Scottish Government’s commitment to supporting the availability of cinema to communities. Screen Machine has played a leading part in all that.
I gently say to colleagues from Opposition parties that there is absolutely zero credibility in turning up to the chamber and saying that one wishes for more to be spent on culture and the arts when—apparently—they are going to abstain when the question comes before the chamber.
I thank the minister for his encouraging words in support of the work of Belmont Community Cinema Ltd, and I add Labour’s support for that endeavour.
I ask the cabinet secretary to outline exactly how much funding will be allocated to the reopening of the Belmont cinema. I hear him talking about additional funding going to the culture budget, with £2 million being set aside for Screen Scotland, but is he able to give a figure for what the Government will provide to support the Belmont cinema?
That is the first time that I am hearing that we will have Labour’s support for the budget, which I very much welcome, and I look forward to Mercedes Villalba voting for the increase in culture and arts funding when it comes before the chamber.
I will be content to write to her and other colleagues who have been asking specifically about the Belmont. As the member probably knows, I lived in Aberdeen for some time and was happy to support the Belmont. I would look forward to its succeeding in the future. I have already met the team who are running the cinema, and I will look at every way in which we could support it.
Employer National Insurance Contribution Increase (Impact on Culture Sector)
To ask the Scottish Government whether it will provide an update on its assessment of the potential impact of the United Kingdom Government’s decision to increase employer national insurance contributions on the culture sector. (S6O-04155)
The First Minister and the president of the Convention of Scottish Local Authorities wrote to the Chancellor of the Exchequer on 3 January, supported by 48 public and voluntary sector organisations, to raise concerns about the impact of the increase in employer national insurance contributions and to seek clarity on funding. The estimated impact of the UK Government’s decision on the five culture public bodies is as follows: £1.046 million for the three national collections, £1.7 million for Historic Environment Scotland and £150,000 for Creative Scotland. Early estimates suggest an additional liability of £250,000 for National Records of Scotland’s core staffing costs.
I know that many culture organisations in the Highlands, such as Eden Court theatre, warmly welcomed the suggested £34 million increase to culture spending. However, I also heard concerns from those organisations that they are going to have little choice but to spend the bulk of that additional funding on mitigating the impact of Labour’s national insurance changes. For Eden Court, the impact is estimated to be about £100,000 a year.
In the light of that, what consideration is the cabinet secretary giving to ensuring that culture organisations in Scotland, including all those that are waiting for grant decisions from Creative Scotland later this month, can still make the most of that increased funding from the Scottish Government to create and innovate?
Emma Roddick makes a good point. Although the Scottish Government is committed to investing a further £34 million in culture, which will be transformational for the sector, the UK Labour Government is undermining that good work with its plan to increase national insurance contribution costs. That will impact through increased NI contributions for cultural venues, including Eden Court, and it might erode the benefits of the significant culture funding increase.
That is why the First Minister and the president of the Convention of Scottish Local Authorities, supported by 48 public and voluntary sector organisations, wrote to the Chancellor of the Exchequer on 3 January to raise concerns about the impact of the increase to employer national insurance contributions and to seek clarity on funding. I hope that we will get a positive response.
Arts, Culture and Creative Sector
To ask the Scottish Government what action it is taking to grow Scotland’s arts, culture and creative sector. (S6O-04156)
The Scottish Government has committed a further £34 million to the culture sector for the next financial year. That will result in the biggest increase in culture funding in the history of the Parliament, after Covid recovery support, and it takes the total uplift to date to £50 million. That is a huge vote of confidence in our culture sector, and it will help to protect this treasured sector and the impact that it makes on people’s lives. I hope that Daniel Johnson will vote for that.
The cabinet secretary might have seen an article that was published in the past couple of days on the BBC website that was titled “How did Scotland become a Hollywood hotspot?” The point is that culture is not just about spend—it can be big business, with big investments and big sums of money being spent in Scotland. The discussions that I have had with the creative sector have been about not just the quantum but the structure of the funding.
What discussions has the cabinet secretary had with Scottish Enterprise, South of Scotland Enterprise and Highlands and Islands Enterprise, along with the Scottish National Investment Bank, about how culture spending can be implemented in a way that is compatible with wider enterprise and investment strategies across public policy areas?
That is a thoughtful question from Daniel Johnson. He raises points that will be reflected in the forthcoming review of the operation of Creative Scotland. He is right to point out that it is not just about the main vehicle of public funding to support creative and artistic organisations. We have national performing companies and national organisations, such as galleries, libraries and museums, and the structure of the funding needs to be thought about right across the piece. That also involves the likes of our enterprise agencies. If the member has specific suggestions, I would be very keen to see them—as, I am sure, the incoming chair of the review would be.
It is very difficult for the arts, culture and creative sector to continue to thrive when councils across Scotland are proposing devastating cuts that will decimate the funding of music services and affect the sector’s future. What action is the Scottish Government taking to negate these ill-conceived proposals, which will possibly see the removal, after 60 years, of instrumental and vocal teaching from our communities?
As Alexander Stewart knows, I am a great supporter of music teaching in schools, and I would be greatly concerned if there was any diminution of that, because this Government has a good record of supporting teaching across Scotland. I am content to write to him to give him more detail on that.
The forthcoming budget provides for additional resources for local government and for record funding for culture and the arts. If Mr Stewart is keen for local government and the sector to have the means to make that provision, I hope that he will vote for that in the budget and not just raise questions at question time. He actually has a vote—he can influence things—and I hope that he will vote for the budget.
Glasgow School of Art Mackintosh Building Restoration
To ask the Scottish Government whether it will provide an update on the progress to restore the Mackintosh building of the Glasgow School of Art. (S6O-04157)
The Mackintosh building is owned by the Glasgow School of Art, which has responsibility for its own strategic and operational decision making. The Scottish Government understands that work by external architects is in progress on the Mackintosh building project.
According to the Glasgow School of Art, this work aims to ensure that the delivery of the Mackintosh project continues to be evidence based and that the building is successfully rebuilt as a working school of art to support the regeneration of Sauchiehall Street and Glasgow city centre.
Proposals are expected to be completed and published early this year. The Scottish Government and the Scottish Funding Council will continue to engage closely with the Glasgow School of Art as it progresses its plans for the Mackintosh building.
I am sure that the cabinet secretary will share my admiration of the achievement of the French people in the successful restoration of Notre-Dame de Paris that was completed last month, little over five years after the fire. However, more than seven years on from the fire here, there has still been very little progress on the restoration of Glasgow School of Art, Scotland’s greatest architectural achievement.
This year, in the 850th anniversary of the granting of Glasgow’s borough charter, will the cabinet secretary agree to convene a cross-Government summit with the architectural sector in Scotland to bring together a special-purpose vehicle or a special sponsor body to take forward the Glasgow School of Art restoration project? That project is currently being stymied by the on-going litigation and dispute with the insurers and the Glasgow School of Art. The project is simply too big and complex to be left to the Glasgow School of Art alone. It is a national project and should be treated as such.
I share Paul Sweeney’s admiration for the restoration of Notre-Dame de Paris and the speed with which that was completed. The people of Paris and of France can be very proud of that restoration project.
As I have already outlined, proposals on the Glasgow School of Art are expected to be completed and published early this year, and I would be content to convene a meeting to discuss what emerges from those proposals. I know that Paul Sweeney does not want any further unnecessary delays, and I do not want any either. I support the speediest restoration that is possible.
Arts and Culture Funding
To ask the Scottish Government how its draft budget will support the arts and culture sector in 2025-26, including through the provision of multiyear funding programmes for artists and cultural organisations. (S6O-04158)
Through the budget, we will provide an increase of £20 million for Creative Scotland’s multiyear funding programme, as well as further increases for the national collections and the national performing companies.
In addition, we will ring fence new funding to support festivals across Scotland; to improve digital access to our public libraries; to restart and extend community-led arts and creativity programmes; and to develop a culture and heritage capacity fund.
We will also carry out a review of how the culture sector is supported, which will include a review of Creative Scotland, to ensure that Government funding achieves the greatest possible impact.
In East Kilbride, there are many talented individuals and groups, some of whom have expressed concern to me about the fact that funding application processes can inadvertently exclude some artists due to the complexity of the process. What consideration has been given to harnessing creativity by improving access to funding for groups that consider themselves to be excluded or disadvantaged by what they consider to be a complex application process?
I appreciate—as, I suspect, do MSPs across the chamber—the importance of the Creative Scotland multiyear funding process, and I look forward to Creative Scotland announcing the outcome of that process later this month. I have heard concerns about the complex nature of the application process, and I expect that to form part of the review of Creative Scotland that was announced in the programme for government in September.
Next week, we will launch a survey that will help to inform the scope of the review of Creative Scotland and the wider work on how the culture sector is supported. If Collette Stevenson or other colleagues have feedback from within the culture and arts community on the application processes or any other reflections on Creative Scotland, I encourage them to take part in the forthcoming review.
Alignment with European Union
To ask the Scottish Government whether it will provide an update on Scotland’s alignment with the EU, including in relation to the digital single market. (S6O-04159)
The Scottish Government laid its latest comprehensive reports on its policy of alignment with the European Union on 31 October, and I provided evidence on the topic to the Constitution, Europe, External Affairs and Culture Committee on 21 November. The reports detailed that Scotland continues to align with the European Union where that is possible and meaningful in protecting and advancing high standards, and they set out our priorities for working with the EU across the full range of devolved policy areas, including the digital economy.
It is now nearly five years since the United Kingdom formally removed itself—and Scotland—from the European Union and therefore from the EU’s digital single market, which is estimated to be worth more than €400 billion per year. In the absence of any credible UK alternative, how can Scotland keep pace with and benefit from the EU’s approach to digital services and innovation, so that Scotland can reap the economic rewards of closer involvement with the EU’s direction of travel on digital matters in particular?
Missing the opportunities of access to the digital single market is just another example of the damage that has been caused by a Brexit that Scotland did not vote for. The European Parliament estimates that the potential gains of a digital single market could be in the region of €0.5 trillion per year, which would translate into potentially billions of pounds for our economy.
Our digital strategy for Scotland, which was published in 2021, highlights the need for a strong digital economy to help all businesses to become digital businesses, in Scotland’s pursuit of becoming a vibrant, inclusive and outward-looking digital nation.
Bernat Klein Studio
To ask the Scottish Government what support it can provide to those who wish to protect and preserve the Bernat Klein studio in Selkirk. (S6O-04160)
The Scottish Government delivers support for the historic environment through sponsorship of Historic Environment Scotland, the lead public body for the protection and preservation of historic sites in Scotland. The Bernat Klein studio in Selkirk is in private ownership and, as such, responsibility for the property’s care and maintenance lies with its owner. However, it is worth noting that Historic Environment Scotland delivers around £14 million of grant funding each year to individuals, groups and organisations for projects that benefit the historic environment. Information on how to apply for funding can be found on its website.f
The Bernat Klein studio near Selkirk was designed by one of Scotland’s greatest modernist architects—Womersley—and has been described as
“a beacon of progressiveness for the Borders”.
Despite being on the buildings at risk register since 2002, it has now fallen into dereliction and disrepair and looks very sad and unloved. Does the minister recognise the value in preserving culturally significant buildings, and will he be prepared to meet local groups, the Preserving Womersley group, Historic Environment Scotland and others who wish to save the building and want to use it as a hub for the local community?
I commend Rachael Hamilton for standing up for a beacon of progressiveness in the Borders and for drawing attention to the Bernat Klein studio and its architectural, cultural and historical importance. It is absolutely right to note that it is the most celebrated work of Peter Womersley and was the workplace of the world-class textile designer Bernat Klein. I will look very closely at any proposals that are made to protect and preserve the Bernat Klein studio, and I will be happy to do that together with Rachael Hamilton.
That concludes portfolio questions on constitution, external affairs and culture, and parliamentary business. There will be a short pause before we move on to the next portfolio, to enable front-bench teams to change position, should they so wish.
Justice and Home Affairs
The next portfolio is justice and home affairs. I ask members to be succinct in their questioning, and ministers in their responding, in order to allow as many members as possible to have an opportunity to ask questions.
As Mark Griffin is not here to ask question 1, I call question 2.
Operation Branchform
To ask the Scottish Government whether it has been made aware of the identity of the police officers investigating operation branchform, and, if so, when. (S6O-04162)
That matter is subject to an on-going police investigation and, as such, it would not be appropriate to comment.
I thank the minister for that non-answer.
While the Crown Office determines whether to prosecute Peter Murrell and the police decide whether to charge Nicola Sturgeon, the public continue to scratch their heads in disbelief at the 1,273 days spent so far on operation branchform. We now know that 11 officers are engaged in the on-going investigation.
Separately, a recent freedom of information request asked the Scottish Government if and when it had found out the identities of the investigating officers and how it came to be made aware of those details. The request also asked what procedures were in place to ensure that meetings with those officers did not occur by accident. In response, the Government said that giving answers would “substantially prejudice the investigation”, which strongly suggests that the Government might well be aware of those facts.
Can the minister explain why revealing the specific date on which officers’ identities could have become known would risk prejudicing the police probe? If the Government has nothing to hide, why would it not confirm how it might have secured the identities of the investigating officers—if, indeed, it is in receipt of them?
Before I ask the cabinet secretary to respond, I remind all members that there is a live investigation and that matters are therefore subject to the provisions of the Contempt of Court Act 1981. Members across the chamber should be careful and exercise due caution in what they say.
With respect to both the Deputy Presiding Officer and the chamber, as Craig Hoy is well aware, I as justice secretary do not comment on, and am not involved in, live cases. I have nothing further to add.
As no member has sought to ask a supplementary question, we will move to question 3.
Office of the Public Guardian Scotland (Support for Accessing the Scottish Courts and Tribunal Service)
To ask the Scottish Government what support is available from the Office of the Public Guardian for people accessing the Scottish Courts and Tribunals Service. (S6O-04163)
The Office of the Public Guardian plays a key role in promoting awareness and understanding of the legal frameworks that are designed to protect adults with incapacity. Although it does not provide direct court access, its supportive and regulatory functions are key to maintaining trust and efficiency within the broader Scottish Courts and Tribunals Service framework. Individuals who seek support to access the courts can contact their local citizens advice bureau, law centre, solicitor, or third sector organisations that specialise in legal aid and advocacy services.
I want to highlight the case of a constituent. When a family applied for a guardianship order in 2014 for their adult son, they were granted a three-year award. However, on renewal in 2022, the court refused the extension, as the reports provided by other agencies were out of date by the time of the court appearance. The family have been in a circle of trying to get legal aid re-established and to access the courts again.
Therefore, will the minister provide an update on the timeframe for the legislative reforms to the Adults with Incapacity (Scotland) Act 2000? What steps can it take to ensure that agencies, including the courts, meet the timescales involved?
A bill to update and modernise the Adults with Incapacity (Scotland) Act 2000 is expected to be introduced during the 2024-25 parliamentary year. A consultation on proposed amendments ran between July and October 2024, with analysis of the responses due to be published later this month.
I am sorry to hear of the delays experienced by Ms Adamson’s constituent and family, and if she would like to provide further details to my office, I would be happy to look into the matter for her. However, delays to court hearings in respect of guardianship applications are not an issue that has been raised with me or my officials previously. As the member will be aware, the scheduling of court business is for the Scottish Courts and Tribunals Service. With support from the Scottish Government and our investment in resources, we have succeeded in significantly reducing the backlog in criminal courts. The civil case that the member spoke of has not previously been raised with me, but I would be delighted to look at it.
Scottish Prison Service (Crown Immunity)
To ask the Scottish Government what recent discussions it has had with the United Kingdom Government in relation to lifting Crown immunity under the Health and Safety at Work etc Act 1974 for the Scottish Prison Service. (S6O-04164)
The Scottish Government has not had an occasion to discuss the matter with the UK Government since the new Administration was formed. I am due to write to the Secretary of State for Justice this month to schedule a bilateral meeting, and that will be one of several agenda items that I intend to set out for discussion. As Crown immunity remains a reserved matter for the UK Government, it is difficult for me to say more until I have had further discussions with it.
I am pleased to hear that the cabinet secretary is writing to her UK counterpart to seek a meeting and that she will propose that that issue be on the agenda.
Let me from the outset acknowledge the incredibly difficult job that prison officers up and down the country do. The overwhelming majority do the job well. However, in any organisation, there will be individual and institutional failures, and on occasion, those failures will have a devastating impact.
Last year, I wrote to the then Prime Minister, Rishi Sunak, asking that he give serious consideration to lifting Crown immunity for the Scottish Prison Service for breaches of the Health and Safety at Work etc Act 1974. I was not given a courtesy of a response. Can the cabinet secretary confirm that, during her meeting, she will urge the UK Government to seriously consider lifting Crown immunity to ensure that, if there are criminal failures in the Prison Service, those responsible are able to be held to account and are not protected by Crown immunity?
Let me start by also acknowledging the role of prison officers. They undertake a difficult and challenging job in order to protect the public and to care for people who are quite often vulnerable.
As I mentioned in my answer, I am due to write to the Secretary of State for Justice this month to schedule a bilateral meeting. I know that the issue remains important for Mr Yousaf and others, and it is one of the items that I intend to raise during the meeting.
As Mr Yousaf will be aware, Crown immunity is not limited to the Scottish Prison Service. It is applicable to all Crown bodies across the UK, and a broader discussion with the UK Government will therefore be required.
Police Scotland
To ask the Scottish Government when it last met with the chief constable of Police Scotland, and what issues were discussed. (S6O-04165)
My most recent meeting with the chief constable was on 19 December 2024, when we discussed Police Scotland’s three-year business plan, with notable progress made across a number of areas, including body-worn video and the police budget. I am pleased to report that the latter was welcomed by the chief constable, who stated that it would allow Police Scotland to continue to deliver against its three-year plan on police officer and staff pay. I am also pleased to inform the chamber that agreement has now been reached in respect of the police staff pay award.
I welcome that positive news.
When the cabinet secretary next meets the chief constable, she might wish to indicate that MSPs such as myself wish to see greater support for Police Scotland in policing the dangerous misuse and often illegal use of off-road vehicles and e-bikes. Councillor Allan Gow and I have an upcoming meeting with the Scottish Government, Police Scotland and the Convention of Scottish Local Authorities on related issues, given our public safety concerns. Given that many e-bikes, scooters and quad bikes will have been purchased as gifts at Christmas and will generally become increasingly common across our communities, does the cabinet secretary agree that promoting the responsible and legal use of such vehicles with related public awareness and education campaigns is worthy of consideration?
Mr Doris’s points are apposite and well made, particularly those in relation to the festive period. I assure him and other members that the Scottish Government will continue to fully support Police Scotland and other relevant partners in dealing with the misuse of such vehicles.
Before Christmas, Police Scotland issued public communications via its website, reminding people to consider the legal implications when purchasing an electric scooter or e-bike. Its message urged people to be cautious when buying electric bikes or e-scooters, and it reminded the public that some models may not be permitted for use on public roads and that anyone found riding a non-compliant e-bike or e-scooter on a public road is likely to have it seized by officers, at significant cost to the owner.
I am also aware that Minister Siobhian Brown and Minister Jim Fairlie, will, along with representatives of Police Scotland, be meeting Mr Doris, who, with other MSP colleagues, has been pursuing the issue diligently.
Five young activists are currently serving sentences in Scottish prisons for taking part in a non-violent Palestine solidarity protest at the Thales weapons factory in Glasgow. It is rare for activists to be imprisoned in Scotland, and a different policing approach seems to have been taken to protests at the Leonardo weapons factory in Edinburgh.
What discussions has the Scottish Government had with the chief constable of Police Scotland regarding the policing of protests at weapons factories, and on any apparent discrepancies in the approach to them? Does the minister recognise the right to protest and its importance in a democratic society?
I cannot and will not comment on the independent decisions made on sentencing by our independent courts, but I reassure the member that I regularly discuss issues in and around the policing of protests with the chief constable and other police partners. We do indeed preserve and respect the right to peaceful protest.
The approach that Police Scotland successfully undertakes is to engage, educate and encourage, and it will pursue all those measures prior to taking any necessary enforcement action. I am very proud that Police Scotland works diligently, day in, day out, to build constructive relationships with all our communities, including people exercising their right to peaceful protest.
Rape Victims (Legal Representation)
To ask the Scottish Government whether it is giving consideration to a pilot scheme on independent legal representation for rape victims. (S6O-04166)
The Parliament is aware that I am committed to improving the experience of victims of sexual offences in their interaction with our justice system. That lies at the very heart of the provisions in the Victims, Witnesses, and Justice Reform (Scotland) Bill. The bill will enable publicly funded independent legal representation for complainers when applications to lead evidence of their sexual history and/or their character are made in sexual offence cases.
The bill does not currently include a power for ministers to go beyond that. However, I am aware of Ms Clark’s amendment to the bill, which I will carefully consider, and I will seek to meet her to discuss that directly.
I am grateful to the cabinet secretary for her offer to meet. As she knows, many rape victims describe their experience of the justice system as retraumatising, intimidating and disempowering. Over recent decades, many other countries have introduced far greater advice and representation for victims, including rape victims. Does the cabinet secretary agree with organisations such as Rape Crisis Scotland that there is a strong case for a further extension of legal advice to victims of rape to empower those survivors?
I start by saying that complainers and victims having fundamental trust and confidence in the system is crucial to their coming forward and seeking justice. I very much recognise Ms Clark’s commentary on the retraumatisation that many victims have powerfully given personal testimony on, particularly in representations to the Criminal Justice Committee.
I very much welcomed the committee’s conclusion in its stage 1 report on the Victims, Witnesses, and Justice Reform (Scotland) Bill that independent legal representation should not be extended beyond section 275 applications. The rationale was that focusing ILR on section 275 applications would provide a base for evaluation of its effectiveness, use and cost and whether further reform is required. That is not to say that we cannot look at the further application of ILR at a later point, where evidence would support that approach.
Notwithstanding that, I am happy to discuss with Ms Clark and other members the shape of the bill in the round, because how it hangs together as an overall package is of crucial importance. I will, in fairness and in the spirit of co-operation, discuss with Ms Clark a specific amendment in that regard.
Reoffending Rate
To ask the Scottish Government what action it is taking to reduce the reoffending rate. (S6O-04167)
We know that community-based interventions can be more effective in reducing reoffending and assisting with rehabilitation and short-term custodial sentences, leading to fewer victims and safer communities. That is why we are focused on shifting the balance from custody to justice in the community, and we plan to invest approximately £159 million in community justice services in 2025-26 to support that. That includes an additional £11 million, which takes our total new investment over two years to £25 million, supporting a range of community justice services, including diversion from prosecution, alternatives to remand, community sentencing and throughcare services.
I thank the cabinet secretary for that answer. It was Angela Davis who said:
“Prisons do not disappear social problems, they disappear human beings.”
But it is worse—prisons, for most people sent there, are not correctional; they have the opposite effect. Not only do they cost 20 times more than community sentencing; the reconviction rate is double. For all but the more serious crimes, prison does not make society safer at all—it manufactures criminality. So why do we continue to have one of the biggest prison populations in the whole of western Europe, and why is the Scottish Government planning to cut the core budget for Community Justice Scotland in the next financial year?
I have great respect for, and sympathy with, the overall tone and tenor of Mr Leonard’s question. I know that he is a powerful advocate for social justice and reform, and he is right to say that prison should be used for those who present the greatest risk to members of the public and that our prisons should also have a crucial role in reintegration and rehabilitation.
Why does Scotland have one of the biggest prison populations in western Europe? I am not sure that I could answer that question in 30 seconds, but it gets to the fundamental core of the issue. In all my endeavours over the past year or so to reduce the prison population, I am on record as saying, time and time again, that the prison population is too high and that we need to answer, at a fundamental level, the question of why we have one of the highest prison populations in the western world when we are one of the safest countries in western Europe, and indeed in the world.
In all my endeavours, I want to shift from more emotive and knee-jerk reactions to reactions and interventions that are, first and foremost, based on evidence of what works, and what works to keep our communities safer. Community justice is key to that, and I am very pleased that this former social worker continues to increase investment in community justice.
Last summer, 12 per cent of prisoners who were freed as part of the Scottish National Party’s early release scheme ended up reoffending, with some breaking the law within hours of being released. With another wave of early releases expected in February, victims of crime will be concerned that we may see high rates of reoffending again. What is the Scottish Government doing to improve public confidence that, when someone reoffends, their criminal actions will have consequences?
The public have confidence when our criminal justice interventions protect the public. Yes, those interventions punish, but they also succeed in reintegrating and rehabilitating prisoners and those who come into contact with the justice service. We know that people are concerned about reoffending rates, but when we look at the rates for short custodial sentences and the rates for community justice, we see that community justice has better outcomes and lower reconviction rates. It is not just the right thing to do to shift that balance to community justice; it is also the smart thing to do, and it is the safer thing to do for our communities.
Can the cabinet secretary expand on how the investment in community justice services that is contained in the proposed Scottish budget will continue the Scottish Government’s shift to the use of more community-based sentences and help to reduce reoffending?
The 2025-26 budget further increases the overall community justice budget by £11 million, which builds on the £14 million of additional funding that was committed for this financial year. As I said, that will bring our total budget to £159 million. That investment will support justice social work services across Scotland to build capacity and to deliver a range of community justice services, including, crucially, alternatives to remand and community services. That uplift demonstrates our commitment to shifting the balance from custody to justice in the community and follows the evidence on what works to reduce reoffending.
One example of the progress that has been made is that bail supervision cases are at their highest level of the past decade, and the use of electronic monitoring as a condition of bail has increased by 51 per cent to 1,140 individuals in orders that were imposed across Scotland in 2023-24.
Court Backlogs
Happy new year.
To ask the Scottish Government whether it has conducted an assessment of the potential impact of the reported proposed budget reduction for the Scottish Courts and Tribunals Service on its ability to reduce any court backlogs. (S6O-04168)
The Scottish Courts and Tribunals Service budget is subject to adjustment each year and direct comparison with published figures does not provide a true reflection of the position. The 2025-26 allocation to the service is £177 million. In addition, it receives recovery, renewal and transformation funding of £20.3 million, which will be subject to adjustment in-year. That provides a minimum of £197.3 million, which is an increase compared to the 2023-24 and 2024-25 figures.
During the pandemic, the closure of courts meant that a large backlog of cases built up, including cases involving the most serious crimes. Back in March 2021, the Scottish Courts and Tribunals Service forecast that the backlog of cases involving the most serious crimes would be cleared by March this year, which is in just two months’ time. However, that forecast has now been revisited and a much less ambitious goal has been set out. Given that the Scottish Government’s budget appears to show that there is a cut in the cash settlement for our court service, can the cabinet secretary confirm that any hope of meeting the court service’s original targets for clearing trial backlogs is over and that people will have to wait longer for justice?
I reiterate that funding to the Scottish Courts and Tribunals Service has not been cut. I outlined the figures in my previous answer to Mr Balfour. It is important that that crucial information is not misunderstood or misrepresented.
We know that demand on our court system, and on the High Court in particular, is increasing, due to the successful actions of the Crown Office and prosecutors. We have always been transparent about the scheduling and revising of planned timescales, as has the court and tribunal system. However, I am pleased to say that, as a result of recovery funding that has been allocated to tackle backlogs, significant progress has been made in reducing those timescales. In fact, the number of scheduled trials outstanding has fallen by more than 50 per cent since January 2022.
Today, Jeremy Balfour seeks additional resources for the courts. In the last debate before Christmas, Pam Gosal sought more money to fix potholes. Last week, Murdo Fraser demanded more electric vehicle charging points. Given that none of those uncosted suggestions was even mentioned in December’s Tory budget debate, and that, on Monday, Russell Findlay again called for tax cuts, does the cabinet secretary agree that the Tories have not a shred of credibility when it comes to Scotland’s finances?
I call the cabinet secretary to answer with regard to matters relating to her portfolio responsibilities.
Of course, Presiding Officer. What is relevant to the justice portfolio is that the First Minister has continued to emphasise that he wants to maximise agreement with all parties. Of course, there always needs to be a sharp check with reality with regard to what resources are available and, indeed, what powers are available to this Parliament. However, I am pleased that, for the second year, we have increased the justice allocation in the budget. If passed, the budget will mean an investment of almost £4.2 billion in justice, which is an increase of £398 million. That increased budget will support the provision of high-quality public services, including police, fire, courts and prisons, continuing to keep our communities safe.
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