Constitution, External Affairs and Culture
Good afternoon. The first item of business is portfolio questions on constitution, external affairs and culture. I ask members who wish to ask a supplementary question to press their request-to-speak button during the relevant question or to enter the letters RTS in the chat function, please. As ever, I would appreciate succinct questions and answers in order to get in as many members as possible.
Illegal Migration Bill
To ask the Scottish Government what contact it has had with the United Kingdom Government regarding concerns over the potential impact in Scotland of the proposed Illegal Migration Bill. (S6O-02029)
I wrote to the United Kingdom Government to state unequivocally that the Scottish Government does not support the bill, which will remove offering a place of safety to desperate people who are fleeing conflict and persecution, and I have urged the UK Government not to progress with it. The First Minister has echoed that during First Minister’s question time and condemned the cruel and inhumane provisions in the bill. We have a moral obligation to offer a place of safety to people who are fleeing conflict and persecution because that is enshrined in international law and because that is the fair thing to do.
The bill is proceeding at pace through the House of Commons, and the more we discuss it, the more horrified those of us who believe in a compassionate, global Scotland become. Will the cabinet secretary again confront the Tories on that monstrous bill and the monstrous provisions in it, which could mean that women will have no protection if they have been trafficked and children will be detained for the alleged crime of seeking sanctuary on this island?
The restriction on the provision of support to human trafficking victims would penalise some of society’s most vulnerable people—those who have suffered unimaginable trauma, including through sexual exploitation or through being forced, through violence, to work for no pay in absolutely appalling conditions. These shameful proposals would create additional barriers for trafficking victims and tighten the grip of perpetrators by reducing the likelihood that people will seek help. Children will also be left in an appalling position until they turn 18, when they will be detained and removed to a third country in which they have no connections and no family. The bill is totally unacceptable.
The UK Government’s Illegal Immigration Bill will mean that those arriving in the UK via illegal means will not be eligible for asylum claims and they will be detained on arrival in the UK. Dungavel immigration removal centre is Scotland’s only detention centre. It can detain up to 130 men and 12 women. It is likely that there will be a huge increase in the number of people being detained there as the process for securing a successful asylum application will become much harder due to the restrictive rules. What action is the Scottish Government taking to liaise with the UK Government on the issue, as it is likely to completely overwhelm that detention centre in Scotland?
Foysol Choudhury’s question is really apposite. We might imagine that, because some of what is being dealt with by the UK Government is very focused on people crossing the English Channel, the issues are far away from here and may not touch us directly. However, raising the point about the Dungavel facility, which is, of course, managed by the UK Home Office, reminds us that the issue is absolutely on our doorstep. It is not just a matter of human rights and supporting the principles of international law, justice and fairness; unfortunately, given the UK Government’s plans, we are talking about something that will also be reflected in institutions in Scotland, which, sadly, we have no control over.
We are absolutely opposed to the bill and, if ever a reminder were needed that the Scottish Parliament should be in charge of immigration and human rights, that is it. We should not leave it up to others to make bad decisions on our behalf.
Ukrainian Refugees (Third Sector Support)
To ask the Scottish Government how much financial support it is providing to the third sector across Edinburgh and the Lothians to support refugees from Ukraine in the financial year 2023-24. (S6O-02030)
I remind all members that they need to be here for 2.00 pm sharp.
The Scottish Government recognises the tireless efforts of the community and voluntary sector in Edinburgh and the Lothians in supporting displaced Ukrainians. We continue to work closely with a number of community and voluntary sector organisations, and we have committed £200,000 to be shared between the Edinburgh Voluntary Organisations Council, Volunteer Edinburgh, Feniks: Counselling, Personal Development and Support Services Ltd and The Welcoming Association in Edinburgh.
We are operating in a very challenging financial context for the next financial year, particularly given recent cuts to tariff funding that have been made by the United Kingdom Government and the subsequent impact on local government’s ability to support displaced people from Ukraine.
Deputy Presiding Officer, please accept my apologies. I recognise that my late arrival is unacceptable.
The issues go beyond purely financial ones. The Equalities, Human Rights and Civil Justice Committee has heard from refugees who said that the process to apply for English for speakers of other languages—ESOL—support is cumbersome and requires them to fill out detailed application forms in English. That would be ironic if it were not so tragic, given the imperative to provide English language training to people who have recently arrived in this country from places such as Ukraine. Can the minister set out how the Government intends to improve the situation?
Obviously, we see support for ESOL classes as a critical element of our response. We continue to work with local authorities that provide those services, our colleges and other training providers, as well as the UK Government in respect of the tariff provisions that it has provided.
In the most recent budget, there was no additional support for the UK’s humanitarian response for Ukraine. There has been a significant cut to the local authority tariff, from £10,500 to £5,900, with no year 2 funding whatsoever. However, the UK Government has placed greater demands on our local authority partners to respond. We will continue to make representations alongside our Welsh Government colleagues and local government partners across the UK for the UK Government to reconsider that, so that we can continue to do the good work around ESOL that we have set out.
We can all be proud of the warm Scottish welcome as Ukraine’s fight for freedom and democracy continues. However, for our support to be maintained, we need the UK Government to play its part. Can the minister provide more details on what effect the chancellor’s budget may have on Scotland’s support for Ukraine?
The UK budget that was announced last week did nothing to reverse the cuts in funding and support for people who have been displaced by the war against Ukraine. In December, the UK Government announced that tariff funding for local authorities would reduce from £10,500 to £5,900 for those arriving after 1 January this year. It also confirmed that there would be no year 2 tariff funding and that the education tariff was being removed. That is not supporting displaced Ukrainians in the way that anyone in the chamber or, indeed, the wider public, would want.
There is wide acknowledgement that the UK Government has done a significant amount in terms of military aid and support. We have contributed £65 million for that. It is time that the UK Government matched that military support with humanitarian support and matched the actions of the Scottish Government. Scotland has welcomed a fifth of all UK arrivals from Ukraine.
Historic Environment Scotland (Waste and Resources Plan)
To ask the Scottish Government what discussions the culture minister has had with Historic Environment Scotland regarding the organisation’s waste and resources plan, including any potential impact of the deposit return scheme on its operations. (S6O-02031)
I engage regularly with Historic Environment Scotland to discuss its strategic plans and key developments. I have not discussed the deposit return scheme specifically with it. I understand that it is preparing to implement the scheme as an opportunity to increase levels of recycling in line with Scotland’s national targets. I have asked Historic Environment Scotland to write to Mr Whittle with a detailed answer to his question regarding the potential impact of the DRS.
Historic Environment Scotland has nine sites with restaurants or cafes and more than 70 sites with shops that could sell single-use drink containers. That makes it a retailer and potentially a return point operator. According to Historic Environment Scotland’s waste and resources plan, it must ensure that it is
“compliant with ... legal obligations”
and its obligations in relation to
“implementing the new Deposit Return Scheme”.
Can the minister tell me whether Historic Environment Scotland intends to purchase reverse vending machines at any of its sites and say how many of its sites have applied for and been granted an exemption?
Historic Environment Scotland is making preparations to implement the deposit return scheme in line with the launch date. Regarding impacts from a waste perspective, municipal waste, such as household-type waste, that is collected at Historic Environment Scotland sites makes up about half of the waste that the organisation generates and is a waste stream in relation to which it has been struggling to increase recycling. I believe that, in 2021-22, Historic Environment Scotland recycled around 29 per cent of that waste, despite having recycling-on-the-go bins. It hopes that the impact of the deposit return scheme will help to improve that rate and help it to meet its waste targets, which are aligned to Scotland’s national target.
However, to give Mr Whittle some reassurance, I can say that I am due to meet Historic Environment Scotland tomorrow, and I will raise the representations that he has made at that meeting.
Under the deposit return scheme, visitor sites and venues will have no choice but to use the scheme’s single logistics partner to collect returned containers. However, those sites and venues will also have existing contracts with other waste firms. Can the minister guarantee that historic sites will continue with local businesses rather than the one that is owned by the American private equity firm?
As I detailed to Brian Whittle, no concern has been raised with me by Historic Environment Scotland around the implementation of the DRS. Similar to the position that I set out to Mr Whittle, I am happy to make representations on behalf of Mr Golden to Historic Environment Scotland when I meet it tomorrow, and I will ensure that its full response is provided to Mr Golden as well as to Mr Whittle.
Cultural Assets and Venues (Regeneration)
To ask the Scottish Government how it is supporting the regeneration of cultural assets and venues in communities. (S6O-02032)
The Scottish Government delivers wide support for a variety of cultural assets and venues through funding of our public bodies, including Creative Scotland and Historic Environment Scotland. They, in turn, provide grant schemes such as the conservation area regeneration scheme, which invests directly in local communities. We also support local authorities, businesses and communities to promote regeneration within towns, through programmes including the place-based investment programme, the vacant and derelict land investment programme and the empowering communities programme.
I am glad that the Scottish Government recognises the importance of cultural venues in rural and island areas to the welfare and prosperity of Scotland’s communities, despite an incredibly challenging economic climate. My constituents in Bute know very well how challenging the economic climate is, with rising construction costs threatening the remarkable regeneration of Rothesay pavilion. What reassurance can the minister give to community groups such as those in Rothesay that culture will play a central role in Scotland’s wellbeing economy?
I can absolutely give that assurance to Jenni Minto and her constituents. The Scottish Government recognises the important role that the Rothesay pavilion plays in the culture, economy and life of Bute, which is why, in 2015, the regeneration capital fund awarded £625,000 to the project. We also demonstrate heritage support through sponsorship of Historic Environment Scotland, which has also contributed funding towards that project.
I have previously offered to meet Argyll and Bute Council to discuss potential routes ahead, and I would also encourage the council to continue to engage with other funders to explore other options. I am happy to meet my colleague Jenni Minto at any time to discuss the issue.
Given the recent welcome press coverage that has been received by the campaign to save the Filmhouse, which is still working to save that cultural asset—which is not only vital for cultural cinema in Edinburgh but has played an important role as the key venue for the Edinburgh international film festival over many years—can the minister give us a commitment that the Scottish Government will do everything in its power to use its leadership to save that asset, bring it back into use, and provide cultural cinema, jobs and new opportunities for young people into the future?
Yes, I can. As Sarah Boyack knows, I have to be careful when I speak on that matter due to the on-going legal process around the administration of the Centre for the Moving Image and, therefore, the Filmhouse. I have tried my best within those confines to keep Sarah Boyack and colleagues updated. The Scottish Government is absolutely committed to the issue, and it has a very strong desire to see cultural cinema remain in Edinburgh, and we hope that the administrator can take that into account.
I thank the minister for his response on the Edinburgh Filmhouse cinema. I note what he said about the legal process, but does he have any indication of how long it will take to get through that process?
I wish that I did, but that is outwith the Scottish Government’s control. My officials and the public bodies that are involved continue to liaise with the process as best as we can within those confines. I reiterate that the Scottish Government is very clear that we are keen that cultural cinema is retained and that the building continues to be put to that fantastic use, not just for the people of Edinburgh and the rest of Scotland, but because of the building’s equipment, which is of significance across these isles.
Culture (Highlands and Islands)
To ask the Scottish Government what it is doing to protect the culture of the Highlands and Islands. (S6O-02033)
Obviously, the Scottish Government is doing everything that it can to protect the culture of the Highlands and Islands. Our culture strategy celebrates and sets out our ambitions for nurturing culture and creativity across all of Scotland’s communities. We support a range of organisations that enrich the cultural life of the Highlands and Islands, including Atlas Arts, the Highland Print Studio and Eden Court.
More broadly, the Cabinet Secretary for Rural Affairs and Islands announced a significant £4 million investment last year to ensure delivery of the national islands plan, which includes a strategic objective that is focused on supporting, nurturing and celebrating the arts, culture and language of our islands.
The minister will be more than aware of the chronic issues that young people in the Highlands and Islands face. They have no choice but to leave in order to access jobs, housing and childcare, and that is having a devastating impact on the Gaelic language and our culture, as well as on local services and economies. The young people want to stay, but they have no choice to do so, because they are priced out of the area. They also face transport disruption, which makes it difficult to access health services and recreation. When will this Government take action to provide affordable homes and boost the economy for the people who live across the Highlands and Islands, in order to protect our culture and language?
Minister, I will leave it up to you to decide which parts of that question to respond to.
Thank you, Presiding Officer. With regard to the culture portfolio response to ensuring that we provide support networks in the Highlands and Islands, I assure Rhoda Grant that, having been born and brought up in Orkney, I understand and recognise the picture that she paints of the challenges for our rural and island communities. My colleagues across the Government continue to invest in housing options, including through rural housing assistance programmes.
With regard to the cultural investment that we make in order to incentivise people to stay, nine regularly funded organisations are supported—with more than £2 million—in the Highlands and Islands, including Eden Court and Moniack Mhor writers centre. In addition, £1 million of Culture Collective support has been provided to four organisations in the Highlands and Islands. We continue to recognise the importance of culture, including the Gaelic language, to retention, and we hope that that support will help.
I have raised concerns before with the minister about the number of culturally important historic sites in the Highlands and Islands that remain closed or partially closed by Historic Environment Scotland, including Kisimul castle on Barra and the Bonawe iron furnace in Taynuilt. What action will the minister now take to fast-track the reopening of those vital historic assets?
Kisimul Castle formed a large part of the discussion that I had with Historic Environment Scotland at our most recent meeting. From the assurances that Historic Environment Scotland staff gave me, I know that they are progressing work as quickly as possible to ensure that the safety of those sites is preserved, that the structural integrity is preserved or enhanced and that the sites reopen as quickly as possible, while putting the safety of staff and visitors first, which I am sure Donald Cameron agrees has to be the priority.
Does the minister agree that, for communities and their culture to thrive, access to affordable housing is key? Recently, the Scottish Government invested £1,512,000 in helping Arran Development Trust to build 18 affordable homes on Arran. What further support will be provided to build more affordable homes in the fragile Highlands and Islands communities?
Again, minister, I will leave you to respond to the bits that come within your portfolio.
I have set out the work that we are doing from a cultural perspective. I have tried to provide a supportive nod to some of the work in housing that my colleagues are deploying through rural housing programmes, which Kenneth Gibson cited and which are a good example. We will continue to provide that investment where our resources allow, because we absolutely value the ability of our rural and island communities to continue to thrive.
Culture Policies (Social History)
To ask the Scottish Government how its culture policies can help celebrate Scotland’s rich social history. (S6O-02034)
Our cultural strategy celebrates the diversity and excellence of Scottish culture in the past, present and future. For example, our Culture Collective programme, delivered by Creative Scotland and supported by more than £10 million of Scottish Government funding to date, includes projects that celebrate local social history and empower communities to shape and share the story of their place.
St Andrew’s day this year marks the centenary of John Maclean’s death. He was a red Clydesider, jailed for his views on the first world war, who rallied against the British empire, championed a free Ireland and an independent Scotland, was lauded by Vladimir Lenin and inspired both Hamish Henderson and Matt McGinn to pen verse. What role might there be for the Scottish Government or its agencies to support the efforts of my constituents who wish to use that centenary for Scotland to celebrate John Maclean’s contribution to our rich social history, and what funds might be available?
Bob Doris makes an excellent case on behalf of such an important historical figure as John Maclean. I encourage any community groups or organisations that seek to organise events of that kind to engage with our agencies and the many brilliant research resources that we have available to us in Scotland.
As a starting point, I signpost people to Creative Scotland, which offers a range of funding for both individuals and organisations, details of which are available on its website. Community groups might also wish to contact Historic Environment Scotland and the National Records of Scotland, as well as, in this case, Glasgow City Council’s archives, to explore opportunities to carry out their own research in support of any celebrations that they are planning.
As plans develop, I would be happy to hear more and to consider ways in which the Scottish Government might be helpful and supportive.
There is scarcely a bigger icon of Scotland’s social history than the Glasgow School of Art, yet we are almost five years on from the second disastrous fire there, with a predicted completion date of 2030. The Notre Dame cathedral fire in Paris happened a year later, yet its rebuild is due to complete next year.
With the news earlier this month that the tendering process for the Mackintosh building restoration project has collapsed, effectively putting the rebuild effort back to square 1, will the minister for culture now instruct that the project be directly overseen by the Scottish ministers in order to get the restoration of this international architectural icon back on track?
Obviously, we recognise the cultural importance of the Glasgow School of Art, and Paul Sweeney will be well aware of the unfortunate history of the renovation and restoration project there. It has been a difficult journey, but we continue to support the restoration work and hope that it can be concluded as quickly as possible.
I could possibly squeeze in questions 7 and 8 if I get brief questions and answers to match.
International Engagement (Europe)
To ask the Scottish Government what steps it is taking to maintain relationships with Scotland’s European neighbours post-Brexit. (S6O-02035)
The Scottish Government continues to engage overseas and at home with ministers and delegations from across Europe. Our international network of offices works to develop, maintain and strengthen relationships, attract trade and investment opportunities and create economic, social and cultural benefits for people in Scotland.
Of course, rejoining the European Union would be by far the easiest and best way to maintain and enhance those relationships.
There is no doubt that the cabinet secretary has been working hard to build relationships across Europe following his visits to seven European countries last year, but the Scottish Government has made no progress on a post-Brexit Erasmus scheme. In Wales, under the Welsh Labour Government, the first learners are already feeling the benefits of the Taith scheme. Will the cabinet secretary confirm on how many of his eight visits to seven European countries during 2022 he discussed a Scottish replacement for Erasmus? More specifically, with regard to his meeting with Dr Manuela Beck of the Goethe-Institut in Germany on 5 December, will he outline what discussions took place regarding a Scottish Taith scheme and any support that was offered?
I am delighted to take the opportunity to confirm the many conversations that took place when I was in Berlin to discuss educational co-operation, not just with the Goethe-Institut but with the Berlin Scotland hub, the United Kingdom ambassador to Germany and a number of German educational partners.
However, it was noteworthy that, within a few short days, it became clear that the United Kingdom Foreign Commonwealth and Development Office had managed to agree an arrangement on educational co-operation with the Federal Republic of Germany without any involvement whatsoever of the Scottish Government. That is ironic, because the German side managed to include the federal states and the Pädagogischer Austauschdienst of the German Bundesländer, but the UK Government managed to exclude Scotland, Wales and Northern Ireland. If ever a timely reminder was needed that the UK Government does not properly represent Scotland’s devolved interests internationally, that is it. The best way to take part in Erasmus, as the member knows, is for Scotland to rejoin the European Union.
St Andrew’s Day 2023
To ask the Scottish Government how it plans to celebrate and mark St Andrew’s day 2023. (S6O-02036)
As our national day, St Andrew’s day is a special day for people in Scotland and around the world to come together to celebrate our country, our culture and our shared history.
Final discussions are yet to be made on plans to celebrate and mark St Andrew’s day 2023, but we expect communities at home and those around the globe with an affinity to Scotland to take the opportunity to celebrate St Andrew’s day and the Scottish values of kindness, compassion and solidarity.
The cross-party group on St Andrew’s day, which I convene, will be launching a call for evidence in late April on realising the potential of our national day. Will the cabinet secretary advise what future plans the Scottish Government has to maximise the cultural, economic, faith and external relations opportunities of St Andrew’s day?
I look forward to reading the results of the consultation by the cross-party group, which does such valuable work. St Andrew’s day, as Scotland’s national day, is a key moment for Scotland and those who feel an affinity with Scotland’s culture. It is an opportunity for all of us—individually and collectively—to champion Scotland as an outward-looking and fair country. The Scottish Government will continue to harness all its networks to amplify that narrative and the shared values that underpin our national brand.
That concludes portfolio questions on the constitution, external affairs and culture. There will be a very brief pause to allow front-bench teams to switch seats.
Justice and Veterans
We move to portfolio questions on justice and veterans. Again, if any member wishes to request a supplementary, I would ask them to press their request-to-speak button during the relevant question or enter the letters RTS in the chat function.
Policing (North-east Scotland)
To ask the Scottish Government how it ensures that there is sufficient police presence throughout the north-east. (S6O-02037)
Policing is and will continue to be a priority for the Scottish Government. Scotland has a higher number of officers than at any time during the previous Administration, and more officers per head of population than England and Wales, with 30 officers per 10,000 population in Scotland, in comparison with 24 officers per 10,000 population in England and Wales.
North-east divisions have a core complement of officers, who might be supported by specialist expertise and resources at a regional and national level should operational demand increase. Of course, the recruitment and deployment of resources are matters for the chief constable.
Police Scotland is pressing on with plans to close Portlethen police station. Informed professionals warn that such a closure contradicts the joint strategy for policing, sends the wrong message to organised crime and leaves one of the north-east’s largest and fastest-growing towns without a police station.
Fears have been raised about how such a reduced police profile will impact on county lines drug dealing and risks throwing open the doors to Aberdeen city and our coastal communities. Will the justice secretary demand that Police Scotland looks again at its closure plans and ensure that local policing stays in Portlethen?
No. I respect the operational independence of the chief constable, which, of course, is written into law by means of the act that established Police Scotland.
However, it is very important to recognise that having enough well-paid police officers on the ground is one of the most important things to local communities and for the detection and prosecution of crimes. To that end, having police officers whose starting salaries are £5,000 more per year than in England and Wales is a very good basis for that. I add that that is against the background of 13 years of austerity from the Conservative Party.
I have one final word—[Interruption.] I ask the member to listen for a second. I have one final word to say about the size of the police force. If our police force was proportionally the same size as the Tories’ police force in England and Wales, we would have fewer than 14,000 officers, which would be 2,600 officers fewer than we have. I am confident that we are attaching the priority to policing resources that is required to deal with crime in Scotland.
It is very welcome that, despite years of UK Government austerity, the Scottish Government has increased the policing budget by £80 million, which is a 6.3 per cent increase on last year. How will the budget ensure that the police can respond to the changing nature of crime and continue to keep communities in Scotland safe?
The question is not relevant.
The member is right to say that the nature of crime is changing—
Excuse me, cabinet secretary. Please resume your seat.
I am in the chair—I decide. The member mentioned Scotland as a whole, which presumably includes the north-east.
Cabinet secretary, please resume.
Thank you, Presiding Officer.
Of course there is a changing nature to policing. I am very keen to see the outcome of tomorrow’s meeting with the Scottish Police Authority and the chief constable. The meeting will refer to the enhanced emphasis on things such as cybercrime and violence against women and girls. Importantly, from addressing incidents associated with vulnerability, including hate crime and domestic incidents, to dealing with the increasing complexity of crime in the digital age, the £1.45 billion of funding in 2023-24, which was not the subject of an amendment from the Conservatives, will support Police Scotland’s leading work with communities on prevention and early intervention.
Police Officer Numbers (Edinburgh)
To ask the Scottish Government how many police officers there currently are in the Edinburgh divisional area. (S6O-02038)
The Scottish Government is committed to working closely with the Scottish Police Authority and Police Scotland to support the delivery of our joint policing strategy, to ensure that we continue to have safe, protected and resilient communities. Police engagement with the local authority in setting priorities and objectives for the policing of Edinburgh is crucial. I have said already that local deployment is a matter for the chief constable. Scotland’s national police service allows local divisions across the country to access specialist expertise and resources at a regional and national level, depending on demand. Police Scotland statistics indicate that 1,131 officers were in the Edinburgh divisional area on 31 December 2022.
Given the very worrying briefing from the chief constable, which says that, as a result of this year’s budget, hard choices will have to be made and change will be needed, can the cabinet secretary tell my constituents what he will do, not just to protect the vital work of our police in our communities in Edinburgh and the Lothians, but to address the particular challenge of policing our capital city? Does he accept that we need additional police to tackle crime and keep people safe right across the city?
I believe that we need additional police—of course—to tackle crime across the whole country. I have answered already in relation to the number of police officers, which is substantially higher than it was at any time during the previous Administration. Substantial improvements in salaries for police officers have also been made.
We will continue to support the priorities that the police tell us are important to them. I have mentioned two of them, which I expect to be discussed tomorrow. Once again, I note that, during the budget process, we received no amendment to the budget from the Labour Party seeking more funding for police. This Administration will continue to support the police. This year, that support will amount to £1.45 billion.
Emergency Services (Children and Young People)
To ask the Scottish Government what steps it is taking to ensure that children and young people know how to contact the police and other emergency services correctly. (S6O-02039)
Knowing how and when to contact our emergency services is a key skill that we want our children to have at the earliest possible age. Educational information on emergency services is delivered through the health and wellbeing curriculum, and there is a range of materials to assist teaching professionals who are delivering that learning. Furthermore, Police Scotland, the Scottish Fire and Rescue Service and the Scottish Ambulance Service work directly with schools and local authorities to ensure that their role is widely understood among children and young people.
Hanlon Stevenson, from Whins of Milton, was two years old in 2019 when he called the police as his mum suffered a seizure. Hanlon has recently been awarded the chief constable’s bravery and excellence award in recognition of his bravery and swift action. Does the minister join me in congratulating Hanlon and in reinforcing the importance of children knowing the correct action to take in an emergency?
The case of Hanlon Stevenson is truly remarkable. The Cabinet Secretary for Justice and Veterans had the privilege of meeting that young hero at the chief constable’s bravery and excellence awards ceremony last month, where Hanlon and other members of the public were honoured for their quick thinking and courage. Hanlon’s actions emphatically underline the importance of ensuring that children and young people know what to do in an emergency. Schools, families, communities and our hard-working blue-light services all have a role to play in ensuring that how and when to call 999 is understood at the youngest possible age.
I begin by also congratulating heroic young Hanlon Stevenson.
Millions of 101 calls go unanswered, with almost one in four failing in the first seven months of 2022. The chief constable has warned that Police Scotland’s staffing levels cannot be sustained. What is being done to ensure that when young people need the police they will be able to reach them?
Following the pressures of recent years, which have been brought on by the global pandemic, Police Scotland has been very clear that it will prioritise 999 calls, and the Scottish Government supports that position. The average answer time for 999 calls is around five seconds, and for 101 calls it is approximately two minutes. However, 101 is a non-emergency service, and callers are reminded throughout their wait that if it is an emergency or an escalating situation, 999 should be dialled. All young people should understand that.
Cabinet Secretary for Justice and Veterans (Meetings with Police Scotland)
To ask the Scottish Government what contact the Cabinet Secretary for Justice and Veterans has had with the leadership team of Police Scotland since January 2023. (S6O-02040)
I regularly meet with the chief constable and other members of his senior team. Although the chief constable is accountable to the Scottish Police Authority, our meetings provide a valuable opportunity to discuss matters that are important to improving the safety and wellbeing of people, places and communities in Scotland. I also had two meetings this morning with the chief constable and the chair of the authority as part of our schedule of regular, trilateral meetings.
The justice secretary is aware of operation branchform, which is Police Scotland’s investigation into allegations of fraud in the Scottish National Party. Does Mr Brown share my concerns about the length of time that the inquiry is taking, and is he aware of claims of operational interference in it? As he is also deputy leader of the SNP, does he expect to be interviewed by Police Scotland as part of that investigation?
Cabinet secretary, please deal with the matters for which you have ministerial responsibility.
The matters for which I have responsibility involve Police Scotland; I am not responsible for any investigations, and I think that the member knows that. He knows exactly what he is doing in relation to that. It is reprehensible that we are seeing more evidence of individual cases being referred to, and now there has been reference to an on-going investigation, on which I obviously cannot comment.
Last night, a cross-party group of MSPs met with whistleblowers from across the public sector, including former police officers; the cabinet secretary knows of my prior interest in such matters. What progress has he made on his contact with senior police leadership and the SPA on improving whistleblowing processes and ensuring that people are listened to and heard, and that their experiences are acted upon in the police service and across the public sector?
I will say two things in response to that question. The first is that quite a substantial number of meetings have taken place following the meeting to which Daniel Johnson referred. There are too many for me to indicate now, but I am happy to write to him with more detail.
The second is that we will introduce legislation in due course that will have a substantial impact on that area of policing. Daniel Johnson will be consulted on that, and he will have the opportunity to discuss issues in relation to the proposal.
As we approach the 10-year anniversary of Police Scotland, it is important to recognise its achievements since 2013, but it is equally important to consider what the next steps of reform are. Does the cabinet secretary agree that utilising evolving digital technologies, such as the digital evidence sharing capability—DESC—service in Dundee, could make a big difference to police officer workloads, in particular?
DESC is an excellent innovation. It represents a step towards a truly modern criminal justice system, and is, in the words of the police, justice partners and the architects of the system, a world-leading system that places the needs of victims, witnesses and other users of the justice system at its heart. It also represents an investment of £33 million over 10 years. It will make it easier to share evidence; it will allow swifter access, helping cases to be resolved more quickly; and it will reduce the risk of trauma to victims and witnesses.
Legal Aid (Eviction Proceedings)
To ask the Scottish Government whether it will provide an update on how it is ensuring that legal aid funding is easily available to tenants in order to defend eviction proceedings. (S6O-02041)
Civil legal aid is available to tenants of private and public sector landlords to oppose eviction proceedings. The usual tests of financial eligibility, probable cause and reasonableness apply. If an applicant’s home is at risk, it is likely that they will satisfy the merits tests. There are also special urgency provisions in place that allow solicitors to take steps—without needing the Scottish Legal Aid Board’s prior approval—to protect an applicant’s possession while a legal aid application is being considered. An eligibility estimator for civil legal aid is available on SLAB’s website so that potential applicants can check if they are likely to qualify financially.
Private tenants have their cases heard through the First-tier Tribunal for Scotland. Although the intention is that cases are heard without legal representation, it is increasingly the case that landlords are seeking legal representation, especially in eviction cases. That leads to an imbalance if tenants have no legal representation. Does the minister agree that that imbalance needs to be addressed? What can be done to ensure that tenants are aware of their rights and that they can access legal aid when and where they need it?
When a landlord serves a notice to leave, the notice clearly states that the tenant might wish to contact a solicitor and that legal aid might be available to them. Solicitors and the Scottish Legal Aid Board can give advice about entitlement and about making an application. The Scottish Courts and Tribunals Service website also contains advice on representation at hearings.
It is important to underline that many organisations can help in defending tenants with an eviction case. The Civil Legal Assistance Office represents tenants on a daily basis, and free advice and assistance might be available from Citizens Advice Scotland, the Scottish Association of Law Centres, in-court advisers or sheriff clerk offices.
Misogyny (Criminal Law Reform)
To ask the Scottish Government how its proposals for reforming criminal law to address misogyny will challenge misogyny in society. (S6O-02042)
The Government believes that reform of the criminal law on misogyny can help to encourage men to change their behaviour by sending a clear message about what is criminally unacceptable behaviour. Our consultation is seeking views on new laws that would specifically criminalise misogynistic harassment and the sending of threatening or abusive messages about rape, sexual assault or disfigurement to women and girls.
However, as I made clear during the recent debate on misogyny, new criminal law will not achieve cultural change on its own, so we will continue to focus on tackling wider gender inequality, and we will take action in schools to address gender-based violence and sexual harassment.
Two weeks ago, during the international women’s day debate, the Parliament was at its best as members from across the chamber stood together to openly discuss their experiences and express their outrage at the existing misogyny in Scottish society. In my speech during the public transport debate, I raised the story of Lorraine Kelly’s daughter, who lived in Singapore and will have to adapt simple behaviours, such as walking home alone, now that she has returned to the United Kingdom. What lessons can the Scottish Government learn from other countries so that we permanently change misogynistic behaviour and culture?
I agree with Jim Fairlie about the extent to which men can be ignorant of the ways in which, from a very early age, young women and girls have to adapt their behaviour because of the behaviour of men. It is right to highlight that so that men are more aware of it.
It is very important that we consider best practice from around the world. We should learn from what other countries have done to address misogynistic behaviour and to change deeply ingrained cultural attitudes. That can be done through changes to the law and by taking other measures to achieve lasting cultural change. If a misogyny bill is the result of that, it is likely that that bill will be world leading. For that reason, I hope that we will get support for the bill from across the chamber.
Unfortunately, one way in which many women experience misogyny is through interaction with the criminal justice system itself. We have all heard stories of how the whole process can retraumatise them, and they are often met with very outdated views on their allegations of abuse, domestic violence and, unfortunately, rape. Might the upcoming criminal justice reform bill that the Government plans to introduce be an appropriate vehicle for improving such negative interactions? When might the Parliament have sight of that bill?
All that I can say is that the bill will be introduced very soon. I confirm to Jamie Greene that it will do exactly what he says. We recognise that, not throughout the system but in the areas that the bill will touch on, people who come forward, especially women in relation to sexual crimes, can be, and are, retraumatised. We must ensure that we extinguish that retraumatisation.
The bill—which I hope Jamie Greene will be able to support—is intended to, in a number of ways, do exactly what he describes, as he will know from the previous consultation. I hope that, when he sees the bill very soon, he will be satisfied that it does exactly what he hopes it will do.
Two thirds of respondents to a survey that was carried out by the working group on misogyny and criminal justice said that the misogynistic behaviour that they had experienced took place online. However, online misogynistic harms such as revenge porn and sexual bullying are absent from the Scottish Government’s digital strategy. Will the cabinet secretary look at that issue and consider how it can be addressed?
Of course we will look at that but, as the member will be aware, the bulk of the powers in relation to online harms come under reserved legislation. The United Kingdom Government is currently looking at the matter; we are fully engaged with that process, and we are relatively—in fact, almost fully—supportive of what the UK Government intends to do on that. If there is more that we can do in that regard, we are happy to look at that.
Legal Aid
To ask the Scottish Government whether it will provide an update on what its most recent analysis of the provision of legal aid found in relation to geographic area and types of cases covered. (S6O-02043)
The Scottish Legal Aid Board’s most recent report shows that the number of grants of civil legal aid in 2021-22 was slightly above the long-term five-year, 10-year and 15-year averages. Within that total, there has been significant growth over time in work relating to adults with incapacity—primarily guardianship applications and renewals. That has been partly offset by a reduction in the number of other types of cases, including family law and personal injury cases, the vast majority of which are now undertaken on a no-win, no-fee basis.
In order to assist with its work to monitor the accessibility and availability of legal services, SLAB recently began a research project that is aimed at exploring how trends in legal aid activity at the subnational level compare to the national trend and vary between areas of law. The research will analyse data relating to the location of the applicant, solicitor and court. SLAB intends to publish the full results of its analysis when it is completed.
The minister will be aware that many organisations that support those seeking legal aid have identified significant inequities in service provision. They cite high workloads and a failure to attract and retain solicitors to legal aid provision, as well as delivery and funding models that are not fit for purpose, as key barriers to access to justice. Given that the evidence review took place five years ago, can the minister provide assurances that those issues will be addressed in the current session of Parliament? Does she think that we should treat legal aid as a public service?
Since 2019, there have been three uplifts across all legal aid fees. In 2021, there was £10 million in other funding, including for 40 traineeships, and a further £11 million package of reforms is to be implemented in May.
We are committed to working with the legal profession to develop an effective and evidence-based mechanism for keeping legal aid fees under review. Considerable work has therefore been undertaken since the review to support and reform legal aid. The Scottish Government consulted on potential legal aid reforms before the pandemic and will be undertaking further targeted engagement to progress the manifesto commitment on legal aid reform this year.
Access to legal aid is an important aspect of supporting individuals to claim their rights through the courts and should rightly be recognised as an invaluable public service. It is also important to try to build consensus around a reformed system of legal aid. That is why, along with the Law Society of Scotland and the Faculty of Advocates, I will co-chair a working group to look holistically at the future of the legal profession in Scotland. That deep dive will be critical as we move forward.
Scotland has one of the best legal aid systems in Europe in terms of spend per capita, eligibility and scope. What steps is the Scottish Government taking to build on our generous system and ensure that there is fair access to justice for all those who need it?
As I confirmed, the Scottish Government will undertake further targeted engagement this year to progress a manifesto commitment on legal aid reform. Such engagement is necessary to further inform the consultation exercise for legal aid reform that originally took place in 2019.
It is important to acknowledge the post-Covid justice landscape and user need, as we have seen much greater adoption of technology by users, courts and legal aid providers. It should also be recognised that, despite the economic downturn and other global challenges, the Scottish Government has retained the wide scope of legal aid provision, in contrast to many other jurisdictions where the provision of legal aid has been significantly curtailed.
What support can the Scottish Government give to domestic abuse organisations in rural and island areas to ensure that there is fair and equitable access to legal aid?
The Scottish Government’s violence against women and girls unit funds a linked project that employs advocacy workers, a project co-ordinator and administrative support, and funds the delivery of a national helpline. Both projects are interdependent, and the advocacy workers act as initial points of contact prior to help being provided by a local solicitor.
Question 8 is from Siobhian Brown, who joins us remotely.
Recorded Crime (Ayrshire)
To ask the Scottish Government what analysis has been carried out of recorded crime in South Ayrshire. (S6O-02044)
Cabinet secretary, if you heard that, please respond.
I heard it loud and clear, Presiding Officer.
The latest figures show a 43 per cent reduction in recorded crime across South Ayrshire under this Administration. That includes a 69 per cent fall in housebreaking and a 73 per cent fall in vandalism. The decrease reflects wider improvements across Ayrshire, where the proportion of adults who were the victim of a crime, including those not reported to the police, fell from 24 per cent in 2008-09 to 10 per cent in the years immediately prior to the pandemic. Looking ahead, we will build on that encouraging progress through investing £1.45 billion in policing across Scotland in 2023-24.
I thank the cabinet secretary for that welcome news. The Scottish Government’s recorded crime statistics for 2021-22 show an increase in people threatening to disclose or disclosing intimate images of others, not only in South Ayrshire but across Scotland. Does the cabinet secretary agree that such threats—or revenge porn—are a serious crime? What analysis has the Scottish Government undertaken to determine the reasons behind the increase?
I agree that sharing intimate images of others without their consent is a serious crime. There was an excellent programme on television this week about a very courageous young woman who took such a case to court very successfully. Of course, Katy Clark also raised the issue a short time ago.
The Parliament legislated to make it a specific criminal offence punishable by up to five years’ imprisonment. The offence is often committed online and, as I said, we have been working hard to push the UK Government to strengthen its Online Safety Bill to help to tackle this kind of activity. Our delivering equally safe fund provides £110,822 to the South West Grid for Learning Trust to help to support its revenge porn helpline and to further its work to get illegal intimate images removed from the internet. That funding demonstrates the Scottish Government’s commitment to challenging all forms of violence against women and girls.
That concludes portfolio questions on justice and veterans. There will be a short pause before the next item of business to allow members to change their positions in the chamber, should they wish.
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