Official Report 1049KB pdf
Constitution, External Affairs and Culture, and Parliamentary Business
Good afternoon. Colleagues will be aware of some issues with the corporate wi-fi in the Parliament, and efforts are on-going to stabilise it. We will do what we can to connect members who are joining us remotely, so that they are able to participate.
I advise members in the chamber that, if they plug in their devices, that should allow them to operate as normal. It is simply the wi-fi that is affected, but, as I have said, we are doing what we can to resolve the matter as soon as possible.
The first item of business is portfolio questions, and the first portfolio is constitution, external affairs and culture, and parliamentary business. Members who wish to ask a supplementary question should press their request-to-speak buttons during the relevant question.
Library Usage (Mid Scotland and Fife)
To ask the Scottish Government how it plans to encourage library usage in the Mid Scotland and Fife region. (S6O-03941)
Public libraries are devolved to local authorities, which have a statutory duty to secure the provision of adequate library facilities in their area.
We encourage library usage through our support for the Scottish Library and Information Council. That includes £450,000 for the public library improvement fund. The funding supports creative, sustainable and innovative public library projects throughout Scotland and is on top of our general revenue funding to local authorities.
Examples of that work in the Mid Scotland and Fife region include the evidencing the social impact of libraries in Stirling project and the sustainable communities project in Perth and Kinross.
Library closures, such as those proposed in Perth and Kinross, are a direct consequence of budget decisions that are made at Holyrood but which primarily impact rural communities. Those communities have already lost their banks, post offices, police stations, public toilets and other vital local services, and the loss of libraries would be yet another significant blow to the communities that they serve.
Given the uplift in the Scottish Government’s budget, will the cabinet secretary commit to making more resources available to local authorities so that they can retain those rural community assets?
As Roz McCall knows, I used to represent a rural constituency, so I very much understand the point that she makes about local services. The community hub role that libraries serve in many rural areas is changing and developing and is hugely important. I watch with great concern wherever there are local authority decisions in relation to library closures.
The member obviously feels strongly about that, too, so I have no doubt that she will have taken part in the consultation that was conducted by Perth and Kinross Council. If she is happy to share the details with me, I will look closely at them.
As for the budget process, I am delighted that the member is looking for a rise in provision for culture and the arts in Scotland, and I look forward to her voting for the Scottish National Party budget in due course.
It is clear that libraries are about much more than borrowing books. When I met the community in Scone on Saturday, I heard moving testimony from local people who have been impacted by the closures. The closure of Scone library would result in the loss of services in their community for young people with additional support needs, vulnerable families and older people with dementia.
What further support can the Government give to councils that are struggling with financial decisions? Could part of the mix be a tourism levy to support culture and library facilities across Scotland?
I respectfully and generously accept the point that has been made across the chamber about the importance of libraries—there is cross-party agreement on that. The point that Mark Ruskell makes about the provision of services through local libraries to communities is one that I discussed with the Scottish Library and Information Council only last week, so I am up to speed on the case that it is making for the protection of the provision of local libraries.
It is the case that the provision of funding will determine the future of those local libraries. The Scottish Government is very committed to the preservation of those services, but at the end of the day, the decision is for local councils to take. I will add my voice to the call from colleagues across the parties for the maintenance of library services. Through the Scottish Library and Information Council, the public library improvement fund and the provision of funding for local government, we will do as much as we can to make sure that that is the case.
I am aware that, in Edinburgh and Perth, there are dog-friendly library days to help increase footfall without the need for extra money. Does the cabinet secretary consider that such diversification could be done elsewhere?
I should declare an interest as the owner of three dogs. Were it to be the case that I could take my dogs to the library, I am sure that it would make any visit all the more welcome.
Libraries and library managers across Scotland are looking at new ways of making libraries open and welcoming and of providing online support in addition to their fantastic range of books. Being imaginative about how one can provide the services that are required by communities, families and individuals in 2024 will be the best way of assuring the provision of library services across the country.
Arts and Culture (Young People’s Access)
To ask the Scottish Government what action it is taking to ensure that young people across Scotland have access to facilities that can support their involvement in arts and culture. (S6O-03942)
The Scottish Government’s long-standing investment in the youth music initiative helps young people throughout Scotland to access music-making opportunities. In 2021-22, that funding reached more than 360,000 children and young people across all of Scotland’s local authority areas.
We provide Creative Scotland with £500,000 annually to administer the youth arts open fund. In 2023-24, the fund supported 73 community-focused projects across 27 local authority areas, delivering to more than 6,000 children and young people.
Since 2012, the Scottish Government has provided funding to Sistema Scotland to deliver its Big Noise projects, which offer children and young people access to music making.
I am sure that the cabinet secretary will agree that involvement in activities such as the arts and culture can have a positive influence on young minds that will go a long way with them through their life. However, the truth is that, whether it be in schools or in our communities, access to those outlets is in sharp decline, and the cuts will be picked up in the budgets for other portfolios, such as health and education. What will the cabinet secretary do to reverse that decline?
I do not recognise the decline that has been outlined, but I would share a concern if there were to be any reduction in the provision of music tuition and access to musical instruments. If Brian Whittle is aware of examples of that, I am keen to hear from him.
I benefited from an education that included music provision at Broughton high school, and it stood me and all my peers in good stead. It is important that children of all backgrounds have the opportunity to learn music. I make that offer to Brian Whittle, and I will look at what he sends to me with great interest.
It was disappointing to see Labour make a cut to the United Kingdom Department for Culture, Media and Sport’s revenue budget. Given that towns such as Paisley are looking at using cultural activities as a regeneration tool, is the cabinet secretary disappointed about that, too? Will he set out the Scottish Government’s contrasting approach to supporting people’s involvement in arts and culture?
George Adam is correct: the UK Government has cut revenue funding to the Department for Culture, Media and Sport, which is responsible for culture and the arts in England. By contrast, Scottish ministers have this financial year increased culture sector funding as a first step to achieving the First Minister’s commitment to investing at least £100 million more annually in culture and the arts by 2028-29. That means that programmes such as the YMI, Sistema Scotland and the youth arts open fund, which I have just spoken about, are able to operate and ensure that Scotland’s young people have access to the arts and culture. Details of the 2025-26 budget will be published later this year.
Question 3 was not lodged.
Humanitarian Crises (Resilience)
To ask the Scottish Government what conversations it has had with its international development partners regarding building resilience to increasing humanitarian crises. (S6O-03944)
Our humanitarian emergency fund is activated on the advice of a panel of eight non-governmental organisations. Through that mechanism, and in collaboration with their partners in country, expert guidance is provided on how best to respond to communities in urgent need. That includes building resilience to future humanitarian crises.
We will continue to seek the sector’s views on how we can improve the fund’s responsiveness and resilience through the upcoming HEF review, which is due to begin in early 2025.
At a time when climate impact is both rapid and slow, and increasing global inequality and horrific violence are combining to produce unprecedented humanitarian crises, the compassionate solidarity of Scotland’s civil society is more vital than ever.
The Dundee International Women’s Centre does phenomenal work supporting people who have made their way to Scotland from places bearing the heaviest burdens of these crises, including Yemen and Palestine. Will the cabinet secretary outline how the Scottish Government is supporting organisations such as the DIWC that carry out life-saving work in difficult circumstances, beyond the conversations that he is having with external partners?
The eight leading humanitarian organisations based in Scotland that form part of the humanitarian fund panel are the British Red Cross, Christian Aid, Islamic Relief, Mercy Corps, Oxfam, the Scottish Catholic International Aid Fund, Tearfund and Save the Children. It is, however, excellent to hear about the work that is happening on the ground in communities. If Maggie Chapman wishes to highlight the good efforts of the organisation that she mentioned and to raise any specific elements of the important work that it is delivering on the ground, I will look very closely at that.
Question 5 was not lodged.
Creative Scotland (Impact of United Kingdom Budget)
To ask the Scottish Government what it anticipates the impact of the recent United Kingdom budget will be on funding for Creative Scotland. (S6O-03946)
The additional funding that was announced in the UK autumn statement is welcome and, along with the savings that were announced in the fiscal statement on 3 September, it will support the cost of pay deals and other pressures. However, the budget still leaves us facing significant cost pressures. We are now considering the full implications of the UK budget.
I appreciate that the culture sector needs certainty regarding future funding in order to fulfil its potential, and I look forward to providing that certainty when the Scottish Government budget is published on 4 December.
Creative Scotland supports small businesses across the arts sector—they are often considered as simply artists and individuals, but they are, in fact, small businesses. Given the UK Government’s decision to increase national insurance contributions for employers, is the Scottish Government concerned that the funds that are dedicated to supporting Scotland’s arts and culture will now not go as far as they did previously in helping those businesses to grow and in promoting the arts sector?
Michelle Thomson makes an important point. The Scottish Government is considering the implications for our public finances and the culture sector of the actions that were announced by the UK chancellor on 30 October.
Despite the challenging budget situation, the Scottish Government remains committed to providing £100 million additional funding for the culture sector by 2028-29. We are already increasing funding to the sector by £15.8 million this financial year, bringing it to £196.6 million. In 2025-26, we aim to provide additional funding to the sector and, in line with normal budgetary procedure, the Scottish Government will publish a draft budget for 2025-26 on 4 December. I invite members right across the chamber to support culture by voting for that budget.
We have a number of supplementaries. They will need to be brief, as will the responses.
Over the past two years, culture funding has been subjected to repeated in-year cuts and U-turns. What assurances can the cabinet secretary give the sector that it will not be placed in a precarious position due to last-minute cuts in this financial year?
The first thing that I would say to Alexander Stewart is that I already addressed that point in my previous answer, when I said that we are increasing spending this year for culture and the arts towards the £100 million annual increase to which the Scottish Government is committed. I am making the case vigorously within Government that we should do that as quickly as possible. If Mr Stewart and his colleagues want to support that increase in culture funding as much as I do, they will join me in voting for the budget after it is shared with Parliament at the beginning of December.
I know that panto season is coming up, but people do not want to hear continuing excuses from the cabinet secretary who has overseen a crisis in Scotland’s culture sector. The facts are that the Scottish budget is going up by £1.5 billion this year and £3.4 billion next year, thanks to the UK Labour Government’s budget decisions. There is now no good reason why the Scottish Government cannot give certainty to the culture sector and meet its commitment to deliver at least £25 million extra next year, and to give councils a fair deal so that they can protect local cultural provision. Given that, will the cabinet secretary make a cast-iron guarantee today to fulfil his already stated promises, or will the uncertainty in the sector continue?
Panto season would be making budgetary announcements before the budget, as Mr Bibby well knows.
The Scottish Government is already increasing culture spending while the member’s Government in the UK is cutting it. I stand on the record of this Government increasing spending while his Government is decreasing it. The revenue budget of the Department for Culture, Media and Sport is going down. I look forward to Labour members listening intently to the budget at the beginning of December, when, I am confident, we will continue to increase culture spending in Scotland while the member’s party in government in England is cutting it.
Given the controversy surrounding Creative Scotland’s funding of the explicit Rein project, what assurances can the Scottish Government provide to the public that substantive measures have now been taken to address governance failures in the public funding model of allocation and oversight? Can the cabinet secretary confirm whether that happens directly or via the charity Inspiring Scotland?
I will have to write to Ash Regan about the second part of her question.
In answer to the first part, Creative Scotland senior managers gave detailed evidence to the Constitution, Europe, External Affairs and Culture Committee about Government procedures in relation to the case that she has raised. I know that she is not a member of that committee, but I invite her to look closely at that evidence. I have looked closely at the assurances that Creative Scotland has given. The issue matters to me, and I am sure that it matters to her.
This is particularly important because we look forward to the rolling out of multiyear funding across the culture sector next year, which will be a step change in supporting culture and the arts. Ash Regan is right to highlight the fact that it is important that we have governance procedures that are fit for purpose. Creative Scotland has given me and the relevant committee in the Scottish Parliament those guarantees.
Question 7 is from James Dornan, who joins us remotely.
Humanitarian Assistance (Gaza)
To ask the Scottish Government whether it will provide an update on its funding for humanitarian assistance in Gaza. (S6O-03947)
In response to the deteriorating situation in the middle east, the Scottish Government has committed £250,000 for Gaza from our humanitarian emergency fund, which includes £200,000 to the Disasters Emergency Committee’s humanitarian appeal. That money will provide food, water, medical assistance and shelter to displaced people in the region.
As the crisis in Gaza enters its second year and hostilities spread into Lebanon, the Scottish Government reiterates calls for a ceasefire, the immediate provision of humanitarian aid and progress towards a two-state solution through which all people in the middle east can live in peace and security.
Scotland has played a vital part in trying to provide aid to the people of Palestine who are caught in Israel’s genocidal actions. Any further aid that we can provide to Gaza would be very welcome in the effort to mitigate the effects of the deliberate ethnic cleansing of the Palestinian people.
Can the cabinet secretary tell the Parliament what steps it has taken to encourage Governments, including the United Kingdom and Israeli Governments, towards a speedy ceasefire and to ensure that aid reaches the beleaguered people of Gaza?
Scottish Government ministers have repeatedly called for an immediate and permanent ceasefire by all sides and for unimpeded humanitarian access. We have demanded the immediate and unconditional release of all hostages. We wrote to the UK Government asking it to ensure that all potential breaches of international law are investigated and that Israeli and Hamas leaders are held accountable. We have called for an end to UK arms sales to Israel and for the UK Government to recognise a sovereign Palestinian state as part of a two-state solution to secure lasting peace in the region.
The new UK Government reinstated funding for the United Nations Relief and Works Agency for Palestine Refugees in the Near East in July. Now the Israeli Parliament has voted to ban it from operating within Israel. That decision means less life-saving aid getting into Palestine.
When the cabinet secretary met the deputy ambassador of Israel, did he raise the importance of UNRWA? Will he join me in condemning the Israeli Parliament’s decision?
I do join Foysol Choudhury in condemning the decision. The role of the UNRWA, which I had the honour of covering when it was headquartered in Vienna, is absolutely critical to the provision of humanitarian supplies to people in Gaza. I call on the Israeli Government to revisit the decision that has been taken. We need to support the United Nations and the provision of humanitarian assistance. If Foysol Choudhury thinks that anything more needs to be done to persuade the United Kingdom Government to make that case at the United Nations, I would be happy to join him in doing so.
Arts and Culture Funding (Glasgow)
To ask the Scottish Government, in light of the United Kingdom Government announcing the largest funding settlement in real terms since devolution, how it will use any increase in funding to ensure that Glasgow’s arts and culture sector is able to thrive. (S6O-03948)
Details of the 2025-26 budget will be published later this year. However, Scottish ministers have already increased culture sector funding in this financial year as the first step to achieving the First Minister’s commitment to invest at least £100 million more annually in culture and the arts by 2028-29. The Scottish Government wants to ensure that the public money that is invested in the arts and culture benefits those right across Scotland and, as part of that, the Government continues to provide support to Glasgow’s arts and culture sector.
As the cabinet secretary will be aware, the past couple of years have been very hard for Glasgow’s arts and culture sector. Funding cuts to Creative Scotland, as well as the inflationary impacts of the pandemic and the war in Ukraine and so on have led to some of Glasgow’s iconic cultural institutions being pushed to the brink. Local authorities have also faced pressure and have taken steps to raise extra revenue, such as removing the rates relief on empty listed buildings.
That has had an unintended consequence. For example, the Govanhill Baths Community Trust has already raised nearly £10 million to restore that historic building in Govanhill but still faces a £6.5 million shortfall. It is unable to use the building, which is in the midst of restoration, but it now faces a rates bill from Glasgow City Council, which threatens the viability of the restoration project.
Will the cabinet secretary undertake to engage with the Convention of Scottish Local Authorities and local authorities to see whether there can be amelioration or mitigation of the rates burdens that are faced by not-for-profits that are trying to restore listed buildings so that they are not undermined by those burdens?
I very much agree with Paul Sweeney about the importance of the provision of culture and the arts in Glasgow. That was a subject of discussion that I had with Glasgow Life a number of months ago.
He is right to raise community-based projects. I would be grateful if he could forward the details of the situation that he has outlined. I will look at any way in which I can use my good offices to support the sort of local community arts projects that he has raised.
Justice and Home Affairs
The next portfolio is justice and home affairs. If members wish to request a supplementary question, they should press their request-to-speak button during the relevant question.
E-bikes and E-scooters
To ask the Scottish Government what action Police Scotland can take to ensure the safe and legal use of e-bikes and e-scooters. (S6O-03949)
The Scottish Government recognises the harm endured by communities that is caused by dangerous and antisocial vehicle nuisance. Use of e-scooters on public roads, footpaths and cycle lanes is illegal, and likewise for e-bikes that exceed permitted criteria.
Police Scotland, in partnership with local authorities, has a critical role in ensuring safe roads through various activities. Enforcement of all traffic offences is for Police Scotland, which operates independently of ministers. We support Police Scotland in tackling misuse of such vehicles and ensuring safety where legal use is permitted. Local policing teams identify misuse of vehicles and ensure that areas are prioritised for action. Police Scotland, including local policing divisions, raises awareness of the dangers of misuse and promotes safety.
I have been approached by a number of constituents raising their concerns regarding e-bike and e-scooter use on roads and pavements across my constituency, which is often linked to antisocial behaviour. The legislation that covers the registration of those vehicles is reserved to the United Kingdom Government. However, will the minister outline what discussions, if any, have taken place with the UK Government regarding the surge in their illegal use and how best to tackle it, such as by introducing tighter legislation on ownership and registration?
We are aware that the Home Office has said that it is not planning to introduce a registration scheme or other new requirements concerning ownership, but that it will be looking at other proactive approaches, such as increased powers to seize vehicles, which we already have as an option.
We regularly engage with the UK Government, and that engagement includes the sharing of best practice. The Minister of State for Policing, Fire and Crime Prevention, the Rt Hon Dame Diana Johnson MP, spoke to the UK tackling antisocial behaviour conference in October about developing technology to safely stop e-scooters and e-bikes, and to enhance the ability of the police to prevent them from being used to commit criminal acts. We aim to be involved with any on-going work or proposals, especially where improvements can be made in Scotland.
As the minister said, the use of e-scooters is illegal. However, they are being sold and used here, and in quite big numbers in some parts of the country. The minister will be aware that there have been some trials in parts of England; the nearest one to Scotland is, I think, in Newcastle. Would she be minded to consider trialling a scheme somewhere in Scotland?
I am not aware of the specific scheme that Mr Simpson refers to, but I am happy for him to write to me about it. The issue of vehicles is covered between my portfolio and Mr Fairlie’s and we are happy to look at anything that could make things better.
Malicious and Vexatious Criminal Complaints
To ask the Scottish Government what discussions it has had with the Crown Office and Procurator Fiscal Service in relation to its handling of malicious and vexatious criminal complaints. (S6O-03950)
The Scottish Government has had no discussions with the Crown Office and Procurator Fiscal Service on those matters. The handling of malicious and vexatious criminal complaints is an independent prosecutorial matter for the Crown Office and the Lord Advocate.
I of course recognise the operational independence of the Crown Office and Procurator Fiscal Service. However, as we saw in the case of the Rangers Football Club prosecutions, errors that are made can come at a high cost to the taxpayer—in that case, it is already nearly £60 million.
Last year, my constituent Dame Ann Gloag and three members of her family were charged with human trafficking offences following malicious and vexatious complaints against them. Those allegations had a devastating effect on Dame Ann, who is 81 years old and is not only a leading business figure but also renowned for her philanthropy and charitable work, both here and overseas. Now, nearly two years later, she and her family members have been told that there will be no proceedings. However, that does not make up for what she and her family describe as a “Kafkaesque nightmare” or the enormous damage to her personal reputation.
Surely the cabinet secretary agrees that there is something far wrong with a system that allows innocent people to be treated in that way.
I say to Mr Fraser that there can be no acceptance in the criminal justice system of complaints that are made with the intent to harm a person who has done nothing wrong. That is of course a burden to the person who is subjected to those complaints, and to the justice system.
I am grateful that he appreciates that I cannot get into the specifics of any case of that nature. I encourage him to use his office as an MSP to represent his constituent and engage with the Crown Office or other players in the justice system as appropriate.
With regard to the financial costs arising from the matters that Mr Fraser mentioned, the fact is that—as the Crown Office has indicated—the incurring of that expenditure at any time, and especially now, given the pressures on the public finances, is highly and deeply regrettable.
Police Officer Court Citations
To ask the Scottish Government what steps it is taking to address unnecessary court citations for police officers, in light of reports that over 500 officers are summoned to court each day, with only 10 per cent required to give evidence, leading to an estimated £22.5 million per annum in lost productivity for Police Scotland. (S6O-03951)
The citation of witnesses is a matter for the independent Crown Office and Procurator Fiscal Service. The Scottish Government is, however, supporting justice partners to drive reforms to improve our criminal justice system to make it more efficient and ensure that it works better for everyone. That will include reducing the number of police witnesses who are required to attend court and reducing the length of time that cases take. It will also mean enabling more cases to be concluded earlier, and fewer victims and civil witnesses needing to come to court. Two key programmes are the summary case management programme, which provides a new approach to summary criminal cases, and the digital evidence sharing capability programme, which allows digital evidence to be shared at the earliest opportunity.
I thank the cabinet secretary for that answer, which I find quite encouraging. Would she agree that what matters is not just how many police we have in this country but how we use them? The Finance and Public Administration Committee is constantly hearing about how we need to increase productivity in Scotland across the board. It seems to me, and I hope that the cabinet secretary would agree, that the courts also need to update their procedures and improve productivity.
Yes—I agree with the member’s point that how we use our resources matters. That is true for the deployment of front-line personnel resources as well as our finances. I hope that he will be reassured by some of the work in the case management pilot, which is judicially led. Its recent evaluation report demonstrated really positive benefits. For example, as a result of summary case management, an estimated 18,000 witnesses were not cited or re-cited, and a proportion of those—11,000—were police witnesses who were not required to attend court. If that pilot was in place at a national level, it would mean that nearly 90,000 witnesses, 50,000 of them police officers, would not require to be cited to attend court.
There is wide support for summary case management, and the Scottish Courts and Tribunals Service has said that the ambition is to roll it out as soon as possible, but that is subject to agreement and will be determined by the project team, which is judicially led.
Needless appearances at court are not just inefficient; they put a strain on police officers, with many being forced to return from holiday or to abandon rest days, often just to be told that the case is not going ahead. Although the current pilot scheme has been welcomed by many, Police Scotland wants further improvements, and the Scottish Police Federation has described the changes as a “drop in the ocean”. Can the cabinet secretary offer reassurances to officers that the model will be widened and improved, so that they will be less likely to face disruption in the future?
We all want to see further improvements, for many of the reasons that Ms Dowey outlines. I hope that she can be reassured that, for example, the digital evidence sharing capability scheme will be rolled out, as was announced during the summer. It is a world-leading project that has benefited from £33 million of Scottish Government investment, and it is being rolled out between the summer gone by and next autumn. The roll-out of DESC is, in many ways, a precursor that will help to enable the roll-out of summary case management, which will have huge benefits for both civil and professional witnesses.
Police Numbers
To ask the Scottish Government what assessment it has made of the impact of the reduction in police numbers since 2010 on Police Scotland’s ability to respond to all incidents of crime, including antisocial behaviour, within its responsibilities. (S6O-03952)
Scottish policing has been completely transformed since the formation of Police Scotland, with a more strategic and consistent approach to policing across the country. Scotland continues to be a safe place in which to live, with recorded crime down by 40 per cent since 2006-07. We have increased police funding year on year since 2016-17 and have invested more than £13.2 billion since the establishment of Police Scotland.
Last week, the chief constable confirmed that the number of police officers in Police Scotland would reach 16,600. Throughout 2024-25, Police Scotland is undertaking the largest recruitment of officers since its establishment in 2013, and it has already recruited more than 940 officers since March.
In many rural and island communities across my Highlands and Islands region, there is concern that reduced police numbers mean that more low-level crimes and incidents of antisocial behaviour are not being investigated. As a result, some individuals are less likely to report such incidents. Despite the best efforts of officers, many of my constituents who live in more remote communities feel further away from policing cover than ever. What concerns does the cabinet secretary have about the number of crimes and incidents of antisocial behaviour that are simply not being reported across rural Scotland? What would she say to my constituents about what they believe is a reduced police presence in their communities?
I hope that the member will be reassured by the recently published revised model for policing, which has a specific and central focus on the importance of front-line policing. The chief constable and others are on the record as saying that they want front-line policing to be on its strongest possible footing. That, of course, applies to our rural areas as well as to our city areas.
All members in the chamber should send a very strong message that people should report antisocial behaviour in their communities. Some antisocial behaviour is criminal and some is not, which is why the partnerships between local authorities and Police Scotland, as well as local policing plans, remain so important.
I know that the cabinet secretary is aware of the significant growth in Edinburgh’s population and of the serious issues that there have been this year, in my constituency and across the capital more widely, regarding a small minority of youths engaging in very concerning antisocial behaviour, including theft and violence. What is the Scottish Government’s response to those concerning trends and to the pressures in Edinburgh?
We all take very seriously the impacts of antisocial behaviour and crime. Everyone has the right to be safe and to feel safe in their community. Under the Antisocial Behaviour etc (Scotland) Act 2004, every local authority and police partner must periodically prepare, publish and review a strategy for preventing and tackling antisocial behaviour in their local authority area, thereby building safer communities.
The member will be aware that decisions on how to deploy resources are, of course, for the chief constable, but I can confirm that, at 30 September, E division, which covers Edinburgh, had 1,103 officers deployed across the city. In addition, it is important to recognise that all divisions can call on resources outwith their core officer base, should that be required.
This week, I will try again to get a straight answer from the cabinet secretary. Are the Scottish Government figures correct in saying that crime has increased by 4 per cent, or is John Swinney correct to say that crime is at a 40-year low?
Having looked at the record to see the specifics of what the First Minister said, I think that he was correct, but the statistics are also correct. As I often say to members, it is important to look at year-on-year changes, some of which are going in the wrong direction, but the fact of the matter remains that this country remains a safer place under the Scottish National Party.
Facial Recognition Technology (Police Use)
To ask the Scottish Government what action it is taking to ensure appropriate oversight of the police use of facial recognition technology. (S6O-03953)
We are committed to the legal, ethical and proportionate use of new technologies in policing that take account of ethical and human rights obligations and secure public confidence. Any decision to deploy facial recognition technology is an operational matter for the chief constable under the scrutiny of the Scottish Police Authority. I wrote to the authorities seeking assurance that a transparent and robust process will be adopted in considering and scrutinising any plans for the future deployment of the technology. The authority has confirmed its joint commitment with Police Scotland to taking forward a broad and transparent public discussion at the earliest opportunity to better inform the decision making on future deployment.
In 2018, so-called cyber kiosk technology was introduced by Police Scotland on an ambiguous legal basis and with limited prior engagement or consultation. An independent review in 2023 said that lessons would be learned and that any new technologies would be fully compliant with human rights. However, although the cabinet secretary is correct in saying that oversight of operational matters is, of course, for the Scottish Police Authority, given the evidence and the legal challenges in England and Wales that point to the risks of live facial recognition technology misidentifying people, particularly those from ethnic minorities, what specific steps can the Government take to ensure that any decision to roll out the live tracking of citizens is properly regulated and managed?
I appreciate the member’s long-standing interest in the matter. It is imperative that any lessons from the past and, indeed, from across the UK and beyond are learned. I recognise the member’s in-depth interest in the matter, bearing in mind the fact that he has recently lodged 37 written parliamentary questions on the matter.
The safeguards relate to data protection and the European convention on human rights, and I know that the member is familiar with the role of the Scottish Biometrics Commissioner, because I think that he played a part in the establishment of that role. There is a statutory code of practice, which is based on human rights and says that any practice must be non-discriminatory. I am open to doing anything that I can with members or other partners to ensure that we have a proper and well-informed debate on the matter.
Will the cabinet secretary say whether the use of the technology has a place in combating crime, as long as it is used properly and has the oversight that was noted in her previous answer?
I agree with the balanced view that Ms Nicoll has presented. We must recognise that technological advances can bring benefits to the police and, indeed, other justice agencies in detecting, preventing and prosecuting crime. It is important that Police Scotland officers are provided with technology to keep our communities safe, while ensuring that it is robust, fit for purpose and non-discriminatory. I note that the chief constable confirmed to the Criminal Justice Committee on 30 October that she is closely following the lessons learned from how technology is being used by police forces elsewhere in the United Kingdom. The Scottish Police Authority has also confirmed to me the importance of the principle or proportionality between human rights and the requirement to strike a balance between the privacy of individuals and the safety of our communities.
Victim Notification Scheme
To ask the Scottish Government whether it will provide an update on its work to reform the victim notification scheme in the coming year, to ensure that it operates in a more trauma-informed way. (S6O-03954)
As outlined in our response, we accepted the majority of the recommendations of the independent review of the victim notification scheme, including the central proposal of creating a victim contact team to provide personalised trauma-informed support. That will be based on the individual needs of victims, who will automatically be referred to the team for a discussion about their options and an explanation of their rights.
We are taking the opportunity of the Victims, Witnesses, and Justice Reform (Scotland) Bill, which is currently before Parliament, to prioritise the necessary changes to primary legislation. We will work with justice partners and victim support organisations in the coming months to deliver the reforms to ensure that the legislation operates in a more trauma-informed way.
The independent review of the victim notification scheme heard directly from victims and their families about their experience of the justice system and the scheme itself. Does the minister share my gratitude for their participation and strength, and does she agree that we must continue to listen to their voices as we progress with these reforms?
I, too, extend my thanks to the victims and their families who contributed their experiences of the justice system as part of the review. We know from the report that that engagement came at a personal cost. I reiterate my whole-hearted respect and admiration for the courage of the people who came forward to talk about their personal experience.
We absolutely must listen to the voices of victims and their families as we progress the reforms to the scheme. Indeed, that is vital if we are to take a victim-centred and trauma-informed approach to the changes that we need in the victim notification scheme. As well as engaging with victim support organisations and our justice partners, we will engage through the victims task force and other means to collaborate appropriately for victims.
In September, it was reported that, after the release of 477 prisoners under the emergency release scheme, a mere 1 per cent of victims were notified. Given that the cabinet secretary has stated that emergency release might need to be used again, and given the upcoming legislation that proposes that more prisoners be released earlier in their sentence, what is the minister doing to ensure that as many victims of crime as possible are properly supported and notified if the Scottish Government proceeds with more releases?
Should the proposed changes be agreed by the Parliament in due course, we will continue that engagement.
I will give a bit of historical background to the early release in the summer. Victims of only 11 of the 700 prisoners who were considered for emergency release had registered an interest in the victim notification scheme. That reflects the fact that offender groups such as prisoners serving longer sentences were automatically excluded. The cabinet secretary ensured that, out of those 11 cases, only six prisoners were permitted early release.
As part of that scheme, the cabinet secretary ensured that, through the preparations for the recent emergency release, two new ways for victims to receive information were added. Victims were able to go through one of the four victim support organisations. Alternatively, they could contact the Scottish Prison Service directly to receive information on any potential release. We learned lessons from that and we will continue to do so.
How much money has been allocated to the contact centre that has been set up to manage victims who sign up to the victim notification scheme? Can the minister confirm that that is new money that will not come from funds for victim support organisations or other third sector partners?
I do not have the exact figures here, but I will write to the member with those details.
Raptor Persecution
To ask the Scottish Government what discussions the Cabinet Secretary for Justice and Home Affairs has had with ministerial colleagues regarding police action to tackle raptor persecution, in light of reports of a dead golden eagle being found recently in the Stirling constituency. (S6O-03955)
Wildlife crime and the persecution of raptors are unacceptable. I am aware of the case to which the member refers, but it would, of course, be inappropriate to comment on an on-going investigation.
Wildlife crime is a matter for the Minister for Agriculture and Connectivity, and I know that he will be following the case closely. In recent years, the Scottish Government has taken action to tackle wildlife crime through increased penalties for the most serious offences and a new licensing scheme for grouse shooting. I encourage anyone with information relating to any wildlife crime to report it to Police Scotland.
This was clearly a wildlife crime, given the terrible condition in which the golden eagle was found. What steps is the Scottish Government taking to ensure that the public are aware of what constitutes a wildlife crime and of the steps that should be taken to report dead or injured raptors?
The Scottish Government works with a number of partners, including Police Scotland, land managers and conservation groups, to raise awareness of, and to take steps to tackle, wildlife crime. That is predominantly done through the partnership for action against wildlife crime in Scotland. This summer, the partnership attended the Royal Highland Show and the Scottish Game Fair, where partnership members raised awareness and provided education on how to spot and report wildlife crime.
In addition, Police Scotland has a number of dedicated wildlife crime officers located across Scotland. They work closely with the National Wildlife Crime Unit on projects to prevent and detect wildlife crime, which regularly include public engagement.
It is becoming clear that the way in which land is defined through the Wildlife Management and Muirburn (Scotland) Act 2024 has severely compromised the most important legal deterrent to wildlife crime that we have. Will the cabinet secretary discuss the issue with other Cabinet colleagues, with a view to introducing an amendment to the Land Reform (Scotland) Bill to close the vast loophole that now exists? The illegal persecution of birds of prey clearly must end.
I will ask ministers and the cabinet secretary responsible for issues in and around land reform to engage directly with the member.
That concludes portfolio questions.