Constitution, External Affairs and Culture
Good afternoon. The first item of business is portfolio questions, and the first portfolio is Constitution, External Affairs and Culture. Any member who wishes to ask a supplementary question should press their request-to-speak button or, if they are joining us online, enter the letter R in the chat function during the relevant question.
I again make a plea for short and succinct questions and answers, in order to get in as many members as possible.
United Kingdom Government (Independence Referendum)
To ask the Scottish Government what its position is on whether the reported on-going political instability within the United Kingdom Government impacts on the timing of its plans to ask the constitutional question of whether Scotland should be an independent country. (S6O-01444)
UK Government policies are making major economic challenges—such as inflation, inequality and the cost of living crisis—worse. Instability and uncertainty are increasing as financial markets express a lack of confidence in the UK Government’s economic management and competence.
Scotland has an abundance of skilled people, innovative businesses and natural resources. We have everything it takes to be just as successful as comparable independent European countries. Independence is essential to building a stronger economy, a more just society and a Scotland that works for everyone, for this and future generations. We are fully committed to holding an independence referendum in October next year, pending the decision of the Supreme Court.
With Liz Truss having become Prime Minister with the backing of just 80,000 voters and now Rishi Sunak’s taking up of the post being co-ordinated by a cluster of Tory MPs, the Conservative Party’s democratic mandate is becoming more and more diluted. Does the cabinet secretary agree that the Tories have no leg to stand on when they question the Scottish Government’s cast-iron mandate to hold an independence referendum next year?
The Scottish Government will certainly not take any lectures from a party that has not won a national election in Scotland since the 1950s. There was a Scottish Parliament election last year, and a record number of members of this chamber were elected on a manifesto commitment that the people should be able to express their view on Scotland’s constitutional future as an independent country. We still live in a democratic state, the people have had their say, the people’s decision should be respected and they should have a vote next autumn on Scotland’s independent future. My advice to those parties that are pursuing the argument of democracy denial is that they really should give up on it.
I have requests for three supplementary questions, and I intend to take all of them.
The question mentions political instability. Is it not the truth that the only threat to the political stability of the United Kingdom is the Scottish Government’s blinkered commitment to a divisive, polarising referendum that is creating uncertainty for people and businesses across Scotland?
I think that Donald Cameron is making the mistake of rereading his election leaflets from last year, when that was the position of the Scottish Conservatives, while the position of the Scottish National Party and the Scottish Green Party was that the people should have their say in a referendum. His party lost the election and the SNP and the Greens won the election. We form a Government in this place, and a majority of MSPs wish the people to have a say in a referendum. So long as we live in a democracy, we should act on the wishes of the electorate. It is a shame that some parties in this chamber do not believe that.
I agree with the cabinet secretary that the Tories have created massive inequalities and divisions, but will he accept that our focus in Scotland now should be on tackling the cost of living crisis, not replicating such division and wasting £20 million on a referendum that people simply do not want?
I refer Sarah Boyack to the answer that I gave a moment ago. She was elected to this place opposing a referendum on Scotland’s future, but a majority of MSPs were elected to deliver one.
The question is not an either/or one. Yes, we need to deal with the social and economic challenges—in particular, those that are being exacerbated by the UK Tory party—but the idea that we should somehow park democracy while that takes place is misguided and wrong. As democrats, we should deliver on what the public has voted for and not block democratic choice.
By the Government’s admission, an independent Scotland would use the currency of a foreign country, with no influence over its economic policy. For at least 10 years, we would be outside the UK and European Union single markets. Is it not the case that the Scottish Government’s plans for independence would repeat the mistakes of Liz Truss’s economic plans, rather than learn those lessons?
I could answer the question simply by saying, “No”, but I will also make the point that I have made in the chamber a number of times before: it is neither a liberal nor a democratic position to block democratic votes on the constitutional future of a country. I understand that the Liberal Democrats in Scotland would prefer power to be exercised over Scotland’s future at Westminster. We have a different view on that. When the public elects a Parliament on a manifesto commitment that there should be a referendum, as democrats, we should at least agree that a referendum should take place. After that, we can have the substantive debate and discussion about the different policy questions. Even at this late stage, I appeal to the Liberal Democrats to re-examine their liberalism and their belief in democracy, because, at the present time, not much of that is on show.
Independence (Border between Scotland and England)
To ask the Scottish Government whether it has considered all the implications of a border between an independent Scotland and England. (S6O-01445)
The implication of independence is that Scotland will be wealthier and fairer. On average, independent countries comparable to Scotland that are cited in the first paper in the updated independence prospectus have national incomes that are £14,000 greater per head than ours.
As Mr Bibby is aware, the leader of the United Kingdom Labour Party said:
“let me be very clear: with Labour, Britain will not go back into the EU. We will not be joining the single market. We will not be joining a customs union.”
That is the bad news, but there is better news. Keir Starmer also pledged that
“Labour would eliminate most border checks created by the Tory Brexit deal”.
On a point of order, Presiding Officer. Under standing orders, ministers are meant to address the question that is put. I do not believe that the minister is addressing the question that I asked, which was about the full implications of a border between an independent Scotland and England. His answer seems to be about national incomes and various other things that were not part of the question.
I suggest that Mr Bibby uses his supplementary question to tease out further information.
I thank the minister for his answer, which was not an answer to the question that I put, which was on the order paper.
The Scottish Government has asserted that it will not be required to accept the Schengen agreement, which the European Union has been clear applies to any new state that wishes to enter the bloc. Instead, the Scottish Government has indicated its desire to continue to be part of the British and Irish common travel area. Does that mean that, in order to make that work, the Scottish Government has accepted that an independent Scotland would be required to align its immigration policies with the rest of the United Kingdom?
I gently suggest to Neil Bibby that, if he wants to get full answers to questions, making points of order in the middle of ministers’ attempts to answer them is probably not the best way to do so.
The best path for Scotland’s future is to become independent, to rejoin the European Union, to manage our borders appropriately and to escape the disastrous Brexit-based economy that Labour and the Tories are intent on inflicting on people in Scotland.
I ask Neil Bibby to reflect on Sir Keir Starmer’s commitment that
“Labour would eliminate most border checks created by the Tory Brexit deal”.
Is that a commitment or is it not?
He is asking me questions now.
Portfolio question time is about members putting questions to Government ministers. In that context, I am not entirely sure that it is for Mr Bibby to answer questions.
We move to a supplementary question from Emma Harper.
I have a direct border question. Under the common travel area, Scotland, like Ireland, will retain freedom of movement across the British isles and Ireland. That means that people, such as my constituents who live on one side of the border but work on the other, will continue to be able to do so and will be able to move freely between Scotland and England. Can the cabinet secretary confirm that that will be the case? Can he indicate whether he expects the UK Government to try to mess with the CTA arrangements, which predate the European Union?
I agree entirely with what Emma Harper has said. Let us remember that it is Brexit that is creating borders. If the UK Government takes a sensible approach to its relationship with the EU, many of the measures that we talk about in our paper could be extremely minimal. Nobody sensible would argue that Scotland could not remain in the common travel area. Although I cannot speak for the UK Government, that is not only in Scotland’s interests but in the interests of everybody in the United Kingdom.
Question 3 was not lodged.
Retained EU Law (Revocation and Reform) Bill
To ask the Scottish Government whether it will provide an update on any discussions with the United Kingdom Government, in light of the concerns raised with the Secretary of State for Business, Energy and Industrial Strategy regarding the Retained EU Law (Revocation and Reform) Bill. (S6O-01447)
On 11 October, the secretary of state replied to my letter of 5 October, which outlined the Scottish Government’s fundamental opposition to the bill. Our position remains that we would like the bill to be withdrawn or, at the very least, significantly changed in order for Scotland’s interests—and devolution generally—to be protected.
Mr Rees-Mogg’s response did not alleviate our concerns about the bill, and my officials, along with devolved Government colleagues, have been engaging weekly with the UK Government officials who are in charge of the bill to make clear the necessity of those changes.
I know that the cabinet secretary agrees that, with the sunsetting of retained European Union law by 31 December this year, we risk removing restrictions that currently protect holiday pay, safe limits for working hours and parental leave, which will become subject to amendment by a UK Government with an open ambition of deregulation.
The bill represents a significant undermining of devolution by allowing a minister of the UK Government of the day to act on policy areas that are devolved—importantly, without the consent of Scottish ministers or this Parliament. Does the cabinet secretary agree that the democratic deficit that Scotland faces is not a new phenomenon and that it is yet more stark evidence that, right now, Scotland’s people need the right to choose the people who they trust to navigate us out of this Brexit chaos?
I agree with Elena Whitham. Recent events demonstrate more clearly than ever the democratic deficit that Scotland experiences under Westminster control. Using Brexit as a pretext to undermine the fundamental principles of devolution, the UK Government has taken forward legislation without the consent of the Scottish Parliament on seven occasions. Through Westminster regulations that were made by UK ministers unilaterally, it has taken powers to change devolved powers; it has rushed through, without consent, legislation that constrains devolved competences; and it has taken new powers to spend money for devolved purposes in Scotland.
Under current arrangements, the UK House of Commons and the unelected House of Lords could change the powers of the Scottish Parliament or even abolish it, at any time. The opportunities of independence stand in stark contrast to the damage that has been created by Brexit.
Does the minister agree that not only does the so-called Brexit freedoms bill threaten our rights and the environment but its unfettered nature will also act as an unwelcome intervention for Scotland’s businesses at a time when they need the economic security of good and stable governance?
I agree that the bill threatens to remove the rights and high standards, including standards of environmental protection, that the people of Scotland have become used to. It will allow legislation to be amended or sunsetted without the consultation and parliamentary scrutiny that good and stable governance requires. Added to that, the sunset date of 2023 introduces an entirely unrealistic timeframe that will force businesses to comply with new legislation while struggling with the consequences of Covid, the economic crisis and the consequences of Brexit. That is why we have repeatedly called on the UK Government to abandon its completely unnecessary and ideologically driven bill.
Museum and Gallery Sector (Cost of Living)
To ask the Scottish Government what steps are being taken to support the museum and gallery sector during the cost of living crisis. (S6O-01448)
I understand how deeply the sector has been affected by rising energy costs and the cost of living crisis, which have come just as it is beginning to recover from the pandemic.
The Scottish Government is in close communication with Museums Galleries Scotland to fully understand the challenges that museums and galleries face. As a result, we agreed that Museums Galleries Scotland should repurpose the grants that it receives from the Scottish Government into a new resilience fund. The fund will support museums to build their resilience through activity that will reduce costs, increase income and support communities. The new fund was announced on 12 October with a deadline of 17 November for expressions of interest.
In recent evidence to the Constitution, Europe, External Affairs and Culture Committee, the cabinet secretary spoke of museums and galleries providing warm spaces for communities. They can only do that if they are able to remain open.
I note that, in his response to Sarah Boyack earlier this week, the minister advised that engagement is taking place with Creative Scotland to support organisations in the arts and culture sector that are facing immediate challenges. I recognise that he has spoken about a new resilience fund today, but is he confident that that will meet the needs of the sector? We know that National Galleries of Scotland has announced closures and that the Filmhouse in Edinburgh has recently closed. There are threats of venues being closed across the country. Is he confident that that money will be enough to get the sector through this winter?
Just to be clear, we think that it is a damning indictment on where we are in the UK that energy-rich Scotland requires public buildings to be used for sharing warmth. People are facing a terrible situation.
We continue to engage with the culture sector about the extreme challenges that it faces. The situation highlights the folly of the UK Government cutting its Covid recovery funding before a meaningful recovery had taken place in the sector. We are seeing the implications of its approach now.
We will work with the museums and galleries sector, as well as others in the culture sector, to do everything that we can to continue that recovery. However, we cannot hide from the fact that we face an incredibly challenging period ahead.
The impact of the cost of living crisis on our culture sector was starkly highlighted when Aberdeen’s iconic Belmont Filmhouse closed its doors. The Scottish Government was warned weeks ago what was coming and it did nothing.
This morning, the people of Aberdeen heard accusations that there is a “naivety” about cinemas and the wider arts, and they were stunned to hear the cabinet secretary’s bizarre claims in Iceland that all is going swimmingly.
If the minister genuinely wants to engage, will he join me and other local representatives in a formal meeting with the Belmont backers and Aberdeen City Council to thrash out a rescue for the Belmont cinema?
Minister, we are straying into wider culture sector issues with that question, but I presume that you are happy to respond to Mr Kerr’s point?
Yes. I thank Liam Kerr for bringing up that issue. First, his characterisation of Scottish Government action is not true. Secondly, I must be careful about what I say about the Centre for the Moving Image, because there are legal considerations to take account of as a result of the administration process. However, I guarantee to him that colleagues in Government, Creative Scotland and Screen Scotland are working hard to find a solution.
I would be more than happy to meet Liam Kerr—within the confines of the legal parameters that I have mentioned. In all scenarios, we want those important cultural institutions to continue to thrive. We know that the Belmont in Aberdeen is significant not just culturally but economically. The same is true of the Filmhouse in Edinburgh. We will do everything that we can to ensure that we protect those institutions as best as possible.
However, I must say that Liam Kerr’s colleagues in London, whom I presume he still supports, would wish to look at the matter from a UK-wide perspective. These issues are not isolated to Scotland; they are UK wide. His UK Government has a responsibility to stop austerity and to ensure that our cultural centres are properly supported.
During what he has acknowledged to be an anxious time for many in the museums and galleries sector, does the minister agree that the issues are compounded for many smaller museums and galleries in particular, given the Tories’ cruel and reckless austerity policies, which presumably mean that fewer people have the means to visit a gallery in the first place?
Yes, I agree with that. The scenario that our cultural institutions face is challenging. It includes rising energy costs and inflation, over which the UK Government has clear responsibility. However, its actions have made the problems worse in recent weeks, affecting the money in people’s pockets and reducing their spending power in the local economy.
The situation is very challenging. We will do what we can within our resources to respond to that as best as possible. However, there is no doubt that the UK Government has a clear responsibility in this area and to support cultural institutions. That then has a knock-on impact on the finances that we have to respond to the crisis.
International Work (Arctic Circle Assembly)
To ask the Scottish Government whether it will provide an update on its international work, following the constitution secretary’s attendance at the recent Arctic Circle assembly. (S6O-01449)
The Scottish Government continues to engage with international partners to encourage cultural, economic and policy collaborations that attract investments and create domestic opportunities for people in Scotland.
My visit to Iceland for the Arctic Circle assembly allowed me to promote Scotland’s expertise in relation to challenges and ambitions that we share with our Arctic neighbours, including in relation to decarbonisation, energy solutions and rural wellbeing. It was hugely worth while to attend the assembly to present an update on the Scottish Government’s Arctic co-operation and to hold bilateral meetings with the Prime Minister and foreign minister of Iceland; ministers from Greenland, the Faroe Islands, Canada and Singapore; and delegates from the United States, Norway and Japan. The assembly hosted the largest-ever contingent from Scotland. I put on the record my appreciation to President Ólafur Ragnar Grímsson for organising the Arctic Circle assembly.
Given the changing international security threat due to Russia’s war in Ukraine, and increases to maritime routes in the Arctic circle because of warming seas, does the cabinet secretary agree that there must be consideration of new maritime security threats in the Norwegian Sea and the North Sea? Will that, alongside our Arctic circle-related climate commitments, be a matter of focus with our partners in the new Nordic office?
The exponential pace at which the Arctic region is warming is a matter of deep concern. As one of the first countries in the world to declare a climate emergency, we recognise the vital importance of taking immediate action domestically and encouraging ambitious measures internationally.
The Scottish Government is fully aware of Scotland’s key geostrategic position as the world’s most northerly non-Arctic nation. As new shipping routes become viable, we are ideally located, and have clear credentials, to become a subarctic maritime transport and logistics hub.
The receding sea ice in the Arctic creates threats as well, which we must be alert to. At a time when the Arctic is the focus of renewed geopolitical and security considerations, it is crucial that we develop a full understanding of the threats that our communities and critical infrastructure could face.
Dumbarton (Commemoration of 800 Years of Royal Burgh Status)
To ask the Scottish Government what activities it plans to hold to commemorate 800 years since Dumbarton became a royal burgh. (S6O-01450)
I hope that Jackie Baillie is pleased when I say that the Scottish Government recognises the significance of the 800th anniversary of Dumbarton becoming a royal burgh. Being able to connect with local history is important for the health and wellbeing of Scotland’s communities, as well as for our national identity. I am pleased that this year’s rock of ages event, themed for Dumbarton 800, was such a successful part of the official celebrations. Historic Environment Scotland, which worked on that project with the anniversary organisers, are happy to explore future events with West Dunbartonshire Council and the community.
I take it from that response that there is nothing going on now. I have written to the cabinet secretary about this before. Dumbarton castle is closed and covered in scaffolding. The rock of ages event had its second day cancelled due to the weather. The 800-year celebration amounted to a tannoy announcement. This would be a hugely significant event for any town, but the Scottish Government does not appear to want to celebrate it.
I am sure that the cabinet secretary does not wish to imply that there is any snub to the good people of Dumbarton, so let me give him another chance to say what he will do.
I am pleased that the inspection of Dumbarton castle is now complete. I understand that Historic Environment Scotland is preparing a technical report ahead of the November community engagement event, which I understand that Jackie Baillie and the chief executive of Historic Environment Scotland will be attending. That review will result in decisions being made around the opening, or partial opening, of the site, and any repair work that the review identifies will be scheduled into the wider, high-level masonry repair programme.
Scottish Event Campus (Investment)
To ask the Scottish Government whether it will provide an update on any discussions it has had with the Scottish Event Campus in Glasgow regarding capital investment in the facility. (S6O-01451)
Due to emerging budgetary pressures, of which I have already spoken, and the reassessment of budget priorities as set out in the resource spending review, we are unable to commit to support via a capital finance package the expansion of the conference centre.
There have therefore been no specific discussions on capital investment in the SEC since the Cabinet Secretary for the Constitution, External Affairs and Culture met Peter Duthie on 27 April. We continue to engage with the SEC and others on how the national event strategy review can build on the industry’s success and deliver on Government priorities.
I must say that that is a disappointing response from the Government. Investment in SEC expansion is critical for Glasgow’s economy, as campus activity seeds footfall in local hospitality venues, increases taxi and transport demand and supports businesses across the region. I previously asked the cabinet secretary whether the Government would support that capital financing, but he indicated that the discussion with the SEC management had been paused.
This is a time for progressing and not pausing investment, lest we see further decline in Glasgow’s economy—most recently, it has been marked by the failure to secure the Eurovision contest. Will the cabinet secretary and minister therefore reconsider their decision to pause the discussions, in the interests of stimulating Glasgow’s economy, ensuring that we get economic growth and securing the international competitiveness of the SEC for conferences and major events?
I absolutely agree with Paul Sweeney on the importance of the SEC not just to the Glasgow economy but to the overall Scottish economy. I had a limited involvement in Glasgow’s bid for Eurovision, of which we were very supportive, so I was personally sad to hear that it will not take place there. We absolutely recognise the importance of the SEC. Unfortunately, our budgetary situation means that very difficult decisions have had to be taken. We will continue to have discussions with the SEC and other bodies across the major events sector through the review. I encourage Mr Sweeney to engage in that so that his interest and that of the constituents who he represents can be put forward.
Justice and Veterans
The next portfolio is justice and veterans. I remind members that questions 2 and 7 are grouped together and that I will take any supplementaries on those questions once they have both been answered. If a member wishes to request a supplementary, they should press their request-to-speak button during the relevant question or, if they are online, enter the letter R in the chat function. I again make a plea for succinct questions and answers, so that we can get in as many members as possible.
Release from Custody (Support for Women)
To ask the Scottish Government what action it is taking to support women being released from custody to reintegrate back into their communities. (S6O-01452)
The Scottish Government and the Scottish Prison Service are committed to ensuring that women who leave custody receive the support that they need to integrate successfully. The new female estate, which includes two innovative community custody units, supports that commitment and is underpinned by a revised strategy for women in custody, which is gender specific and trauma informed. The CCUs support a change to rehabilitation of women in custody by linking them to local services and preparing them for their eventual return to the community. We also provide £1.4 million per year to fund Shine, which is the national third sector partnership that provides support to women leaving custody and remand.
It is important that we acknowledge that recidivism is a risk among those who have offended and spent time in custody. What steps is the Scottish Government taking to ensure that women who are released from custody do not end up back in custody again?
As I am sure the member knows, there is not one specific step on its own that can prevent reoffending or that will allow an individual to reintegrate into the community successfully. There needs to be a holistic approach across justice services and wider public services. It is important to recognise that short custodial sentences are less successful at reducing reoffending, and that the presumption against short sentences and the continued development of bail supervision are helping to prevent women from being taken into custody unless that is absolutely necessary.
As I said, the SPS has established a new strategy for women who are in custody, which will support the development of women’s agency through opportunities to make choices. All plans, interventions, approaches and activities will be based on sound evidence and be designed to boost the factors that are known to promote desistance from crime and to improve life chances.
What discussions have there been with domestic abuse specialists about the engagement with women who are being released from custody?
There have been substantial discussions with specialists and with the organisations that are most closely involved in that sector—the member will know the organisations to which I am referring. Over and above that, when the SPS established the two units, it took into account international and academic evidence and the best possible advice on how to properly effect rehabilitation. The units are unique—there are the only two in the United Kingdom, and they are both in Scotland. In my view, they represent the way forward and will allow women to reintegrate into society much more effectively and in a way that reduces future crime. I therefore hope that the units have the support of all members.
Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (Retailers)
To ask the Scottish Government what steps have been taken to ensure that retailers are aware of and comply with the measures in the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 that came into effect on 10 October. (S6O-01453)
The measures that commenced this month will enhance community safety over the fireworks season. As part of the implementation of the measures, the Scottish Government has engaged and shared guidance with the Scottish Retail Consortium, the Scottish Grocers Federation, supermarkets and industry representative bodies. The importance of involving retailers during the roll-out of new measures in the 2022 act is recognised.
In addition, the Scottish Government is funding trading standards to undertake a fireworks enforcement project with retailers. That follows on from a similar project last year to support the implementation of new regulations, and it involves engaging with retailers on the measures that are being introduced through the 2022 act as well as reinforcing existing legislation.
I am glad to hear that there is joint working between the Scottish Government and retailers to ensure compliance with the new measures. What steps are the Scottish Government taking to ensure that there is wider public awareness across the country of the impact that fireworks can have on people and animals, and of the new measures that commenced earlier this month?
I am pleased to advise the member that the Scottish Government, with its partners, has once again launched the three public awareness-raising campaigns to promote the safe and responsible use of fireworks. Key information on the new proxy purchase offence is being integrated into each of the campaigns to ensure that people are aware of the new offence. We have also worked with stakeholders, including Police Scotland, to share messages across our social media channels on the new statutory aggravation for attacks using fireworks against emergency service workers. The campaigns are running in partnership with partners including the Scottish Fire and Rescue Service, Crimestoppers and trading standards in order to promote the safe and responsible use of fireworks and to cover a wide range of media, including social media and radio, as well as posters and leaflets in retail outlets that sell fireworks.
Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (Community Safety)
To ask the Scottish Government how it anticipates that the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 will make this year’s bonfire night safer for communities. (S6O-01458)
I highlight the two key provisions that came into effect this month. One makes it an offence for adults to purchase fireworks on behalf of, or make them available to, under-18s in order to strengthen the protection of young people and communities. The other provision relates to a statutory aggravation for court sentencing when fireworks have been used to attack emergency service workers. That clearly signals that such vile behaviour will be firmly addressed.
To share the public safety message with communities, our awareness-raising campaigns have been updated, and the Scottish Government is working alongside a range of partners, including Police Scotland and the Scottish Fire and Rescue Service, to actively engage and prepare ahead of bonfire night.
It is great to hear that there is movement in this area, because I get an awful lot of correspondence about the issue from people in my constituency.
I welcome our support for emergency service workers as they face aggravated attacks during this period. Will the cabinet secretary join me in condemning such attacks ahead of bonfire night? Which provisions in the 2022 act will be rolled out in time for next year’s bonfire night celebrations?
We have demonstrated that we are committed to progressing positive change for communities by acting as swiftly as possible. I reassure the member that that approach will continue as we implement the remaining measures in the 2022 act, as she has asked us to do.
It is important that I join the member in condemning, in the strongest possible terms, attacks against our hard-working emergency service workers, on whom we often rely in extreme circumstances. It is unacceptable—in fact, it is incomprehensible—that a minority of people choose to act in such a vile manner towards people who are dedicated to keeping our communities and each and every one of us safe.
The member will know that specific laws are already in place to protect emergency service workers, but I hope that the new statutory aggravation for offences involving attacks using fireworks against those workers provides reassurance that the Government is committed to such cases being dealt with robustly, with penalties that reflect the serious nature of such offending.
I take this opportunity to thank our emergency service workers and all our partners for the vast amount of work that has been undertaken in preparation for bonfire night. I commit to writing to the member with more information about the implementation timetable for the other parts of the 2022 act.
I thank the Government for accepting the amendment in my name that provided for the aggravation in the bill. That was an important message to send to the public.
However, during the passage of the bill, the Government said that there was little evidence to suggest that the bill would lead to an increase in black market activity. Last week, trading standards officers in Glasgow confiscated 250 fireworks from a barber shop in the city. The fireworks were poorly stored and were clearly putting lives in danger. Was the assessment of the black market during the passage of the bill not somewhat naive given that context? What is the Government doing to crack down on the potential growth of the black market in firework sales?
I have outlined some of the actions that we are taking with our partners through trading standards, Police Scotland and others to ensure that we do so. It is not possible to say now, in the early stages of the implementation of the act, that it has been proved that the assessment of black market activity was wrong. I am aware of the case that Jamie Greene has talked about, which we condemn. However, we have to see how the regulations work out over time.
As I have said, much of the public awareness raising that is going on will continue to be built on, which hopefully will drive out and make more socially unacceptable the kind of black market activity to which Jamie Greene refers.
Armed Forces and Veterans’ Families (Support)
To ask the Scottish Government what action it can take to support armed forces and veterans’ families in Scotland during the cost of living crisis, in light of recent reports that almost 3,000 serving military personnel in the United Kingdom are reliant on universal credit. (S6O-01454)
The Scottish Government is undertaking an emergency budget review to assess all opportunities to redirect additional resources to those people who are most in need, to reduce the burdens on business and to stimulate the Scottish economy.
Further support is available to the armed forces community—I know that the member will be aware of that, given how instrumental he was in ensuring that it happened—including the £500,000 provided annually through the Scottish veterans fund, which launched earlier this month. This year, the fund prioritises projects that offer support to those veterans who are affected by the cost of living crisis.
We will continue to engage with stakeholders across the community more widely to develop our response.
It is not just the fact that nearly 3,000 serving personnel have to turn to universal credit to get by that betrays the Tories’ contempt for our armed forces but the standard of accommodation that is provided to them. RM Condor in my constituency has long been the subject of commentary on the quality of accommodation that is available to the Royal Marines there. Contrary to recent media reports, I understand that the Ministry of Defence has no plans to address that matter. Does the cabinet secretary agree that it is long past time that we saw proper investment in the accommodation element of military facilities in Scotland to bring them up to an acceptable standard?
I agree with the member. The Scottish Government recognises the dedication of the men and women who are willing to serve their country. They and their families rightly deserve quality accommodation that meets their needs. The MOD has a budget of £48 billion, and it is failing to meet its responsibility to address the matter.
Around 3,000 service personnel in Scotland accessing universal credit—38,000 is the figure for the rest of the UK—will come as a shock to many people. [Keith Brown has corrected this contribution. See end of report.] Armed forces having to draw down on universal credit is a scandal. In Scotland, we at least have the 19p tax, which ensures that people in the armed forces in Scotland at that level pay less tax than they do in the rest in the UK, as is the case for most people in Scotland. However, that is a scandal. If the MOD wants to seriously address the issues of recruitment and retention, and respect for our armed forces, it should pay proper wages.
In relation to accommodation, the member will know that I am familiar with the base that he has talked about. The personnel that we have on that base deserve proper, decent accommodation and the MOD should address that as soon as possible.
Community Policing (South Scotland)
To ask the Scottish Government whether it will provide an update on the provision of community policing, including community safety patrols, in the South Scotland region. (S6O-01455)
The member will know that the deployment of police resources, including community patrols, is a matter for Police Scotland, which also works closely with local authorities on preventing and tackling a range of issues, including antisocial behaviour, in their geographical areas.
Supporting Police Scotland to keep our communities safe remains a priority for the Government. Policing services have been maintained and improved, and we have invested more than £10 billion in policing since the creation of the single service, in 2013.
At my recent surgery in Summerhill, in Dumfries, I heard concerns from local residents about what they believe to be increased levels of antisocial behaviour in that area. We know that engagement and education are the best ways to prevent crime and antisocial behaviour in the first place, so I have called for a multi-agency meeting with the police, the housing authority and the community safety team to address constituents’ concerns.
How is the Scottish Government supporting the police and the community safety team? Can the cabinet secretary urge them to engage with me and with the local residents on those matters?
The Scottish Government recognises that everyone has the right to be, and to feel, safe in their own community, which is why we are committed to tackling all forms of antisocial behaviour. Police Scotland and the local authorities lead on interventions and have a range of options available to them in tackling antisocial behaviour.
We recognise that no single approach will tackle all antisocial behaviour. That is why we support a suite of activities, which includes antisocial behaviour orders and fixed-penalty notices alongside diversionary and early intervention activities. I was heavily involved in that area when I was a council leader, and I know that different approaches can be taken in different local authority areas.
For our part, we are committed to ensuring that all agencies have the powers and resources that they need. We are always willing—as, I am sure, are the police—to discuss any changes that could improve prevention and to respond to antisocial behaviour with all relevant bodies.
Antisocial Behaviour (Bus Network)
To ask the Scottish Government whether it will consider additional measures to deal with the reported increase in antisocial behaviour, including on the bus network. (S6O-01456)
As I mentioned in my previous answer, everyone has the right to be, and to feel, safe in their community or when using public transport. Broadly, reported antisocial behaviour has been in decline over the past decade, but we know that, when issues arise, those can have a very serious impact for many people in our communities. That is why we continue to support activity to prevent antisocial behaviour wherever it occurs.
As I mentioned, no single approach will tackle all antisocial behaviour. That is why we will continue to ensure that partners can call on a range of measures, including the ones that I mentioned, such as the use of antisocial behaviour orders and fixed-penalty notices, as well as diversionary and preventative activities.
I fully support Police Scotland in its attempts to take appropriate and proportionate action in response to reported incidents, and I fully support its continued work, in partnership with transport operators and local authorities, to continue to make public transport safe for passengers and staff.
The cabinet secretary will be aware of the incidents of antisocial behaviour that have occurred recently in Kilmarnock on the bus network and in the bus station, some of which have been extremely serious and have resulted in the bus station being closed. What can the cabinet secretary do to help to tackle the problem and to liaise, where necessary, with other portfolios in Government to ensure that the public can travel in safety?
I am aware of the incident in Kilmarnock to which Willie Coffey refers and was shocked by it. My thoughts are with the young man and his family at what must be an exceptionally difficult time for them.
Willie Coffey will appreciate that it is not appropriate for me to comment on a live case, but I understand that Police Scotland is treating the incident in question as an isolated incident and is maintaining a strong presence in and around the town centre.
I am also aware of the issues in East Ayrshire that have involved the bus network and the bus station, and I share the concerns that those issues must be causing the member and his constituents.
It is essential that all passengers are able to travel safely. We have been liaising with Police Scotland and the local authority, and I understand that an extensive partnership response is being deployed at a local level, which is being led by a multi-agency resilience group that involves a range of partners including the council, education, the police and transport authorities to address and tackle unacceptable behaviour.
The Scottish Government is, of course, open to considering all options for tackling antisocial behaviour. For example, I will raise the issue with those who are responsible for the bus pass scheme, to gather views on whether the option of withdrawing bus passes, which has been mentioned elsewhere, might present a solution.
That said, I am clear that the people who have been involved in such antisocial behaviour represent a very small number of individuals. We are absolutely clear that such incidents are not an indictment of the bus pass scheme as a whole and that the scheme has delivered and will continue to deliver many positive outcomes for people across Scotland.
Glasgow Chamber of Commerce has warned that free bus travel for under-22s is “certainly not helping” with antisocial behaviour, and there are reports of youths using buses to engage in violence and other criminality.
In the light of today’s stark and unprecedented budget warnings from Police Scotland, what reassurances can the cabinet secretary give to the public?
I have mentioned a number of ways in which partnership working, which I think is very important in tackling the issue, will be followed through.
In relation to the budget situation, it is worth remembering a couple of facts. People in Scotland are substantially less likely to experience crime than they were in 2007. There are far more police officers now than there were when we came into office, in 2007. Officers in Scotland are paid £5,000 a year more than their counterparts in England and Wales. Recently, it was reported that crime was at an all-time low since the 1970s, when records first began to be kept. In addition, it was announced yesterday that we had the lowest-ever recorded number of homicides.
It would be nice, on occasion, to hear one or two good things said about the police by Conservative members. Unfortunately, once again, that is not happening today, but the rest of us will give due credit to the police.
Human Trafficking and Exploitation
To ask the Scottish Government whether it will provide an update on its trafficking and exploitation strategy. (S6O-01457)
Any form of human trafficking or exploitation is completely unacceptable. The Government continues to work closely with partners to tackle this horrific crime.
The fifth annual report on our trafficking and exploitation strategy is due for publication in early 2023. We marked anti-slavery day on 18 October by initiating a review of the strategy, beginning with the launch of a public survey on trafficking and exploitation in Scotland that is running until mid-December. Responses will shape the review, alongside engagement with partners across the strategy’s main action areas of identifying victims, disrupting perpetrators and addressing the underlying causes of exploitation.
A recent operation in Dundee has brought modern slavery charges against two men, and investigators have said that that could be just
“the tip of the iceberg”,
as highlighted by Alasdair Clark in The Courier. What support is the Scottish Government providing to Police Scotland to deal with this specialised area of criminal investigation and ensure that victims are provided with the necessary support?
Work has been done on the matter over a number of years, including with, I think, two Lord Advocates, to make sure that as much protection as possible can be provided to the victims.
We are clear that commercial sexual exploitation, of which prostitution is one aspect, is a form of gendered violence, and we support our law enforcement agencies and third sector support agencies in working together to address it. The victim-centred approach fund includes significantly increased funding to support organisations. The Trafficking Awareness Raising Alliance and Migrant Help will share more than £6.35 million over the next three years to provide support and assistance to adult victims of trafficking and exploitation, and they are also providing over £900,000 to other organisations that provide support to those who are recovering from this horrific crime.
The Minister for Community Safety met key partners in Aberdeen yesterday to learn more about their approach to supporting individuals who are involved in prostitution, who often have complex underlying issues, in order to reduce their vulnerability.
Violence Against Women
To ask the Scottish Government whether it will provide an update on the steps it is taking to tackle violence against women. (S6O-01459)
In June 2022, a refreshed equally safe delivery plan was published, outlining the joint commitment of the Scottish Government and the Convention of Scottish Local Authorities to preventing and eradicating all forms of violence against women and girls and to tackling the underpinning attitudes that perpetuate it.
Through the justice portfolio and the victim-centred approach fund, we have invested £18.5 million in specialist advocacy support for survivors of gender-based violence, and the delivering equally safe fund is providing £19 million per year to support projects that are focused on early intervention and support.
It is only through fundamental societal change that women can be fully protected.
Commercial sexual exploitation is recognised by the Scottish Government as violence against women, and it has been for many years. Although we have legislation on almost every other aspect of violence against women, which is very welcome, we have had no legislation to combat the harm that commercial sexual exploitation causes. When will the Scottish Government introduce such legislation?
As has been referred to previously, the criminal justice reform bill in the programme for government will aim to improve the experience of victims in the justice system and will help to deliver reforms, building on the recent consultation on improving victims’ experience of the justice system.
The member will be aware that recommendations from Lady Dorrian’s review, on improving the management of sexual offence cases, will be addressed. That will include proposals for the use of, for example, a statutory right to anonymity for complainers in sexual offence cases.
On a related matter, the member will know that we intend to abolish the not proven verdict. That and a number of other workstreams that the minister is involved with will continue. Of course, the possibility of further legislation will also be considered.
I refer members to my entry in the register of members’ interests.
In a debate on booking office closures and staffing levels on the railways, the cabinet secretary for transport committed to a review of women’s safety on public transport. Will the cabinet secretary for justice ensure that his department feeds into the review of what measures are needed to deal with antisocial behaviour and violence against women on public transport?
I have had preliminary discussions with the minister responsible. As Katy Clark will be aware, the link would be with the British Transport Police, which—she is quite right—is a justice function. I am happy to continue to engage with the minister to see how we can make sure that women and girls, along with everybody, are safe on public transport, which relates back to previous questions as well.
That concludes portfolio questions on justice and veterans. I will allow a short pause for front-bench teams to move position.
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