Constitution, External Affairs and Culture
Good afternoon. The first item of business is portfolio question time, and the first portfolio is constitution, external affairs and culture. I remind members that questions 2 and 7 are grouped and that I will take any supplementaries on those questions after both have been answered.
“Building a New Scotland” (Independence Prospectus)
To ask the Scottish Government how the latest “Building a New Scotland” paper advances its prospectus for independence. (S6O-02424)
Our latest paper, “Creating a modern constitution for an independent Scotland”, sets out proposals for a written constitution that puts democracy, rights and equality at the heart of everything that we do as an independent country. Only with the powers of independence can we create a constitution for Scotland that fully recognises and protects the fundamental rights of people in Scotland. As with all the prospectus material, the publication delivers on our commitment to give the people the information that they need to make an informed choice about whether Scotland should become an independent country.
The papers lay out a bold and comprehensive vision for Scotland’s transition to independence, and ensure that the debate about our new Scotland is frank, open and well informed. However, the United Kingdom Government continues to ignore the cast-iron democratic mandate for the Scottish Parliament to hold our referendum. Indeed, Westminster is actively undermining devolution by blocking progressive legislation and imposing cruel policies such as those in the Illegal Migration Bill.
Will the minister reassert the will of the Scottish Parliament and the Scottish people to his UK counterparts, not only for the opportunity to build a new Scotland but to safeguard Scottish democracy itself?
I will certainly reassert that. There is a clear pattern of on-going interference in devolved matters by the UK Government, which is routinely ignoring the constitutional conventions that we have in place about the UK Parliament not normally legislating for devolved issues. That, in itself, is a salient reminder of the limitations of not having a codified constitution.
We will, of course, continue to press the point that devolution should not be rode roughshod over. However, it is only with independence that we can truly protect the people of Scotland from the damaging and undemocratic UK Government decisions that are being inflicted in Scotland.
“Building a New Scotland” (Written Constitution)
To ask the Scottish Government, in light of the publication of the latest paper in the “Building a New Scotland” series, for what reasons it considers that an independent Scotland would need a written constitution. (S6O-02425)
The Scottish Government believes that an independent Scotland should have a written modern constitution that sets out clearly in one place our fundamental values as a nation, the rules for how our country would be governed, and the rights and protections for the people who live here. Almost every country around the world has a codified constitution. A written constitution for an independent Scotland will show the world the type of country that we will be.
Scotland’s written constitution, as set out in the new paper, would safeguard people in Scotland from having their human rights and workers’ rights swept away following a simple parliamentary majority. We are watching that happen before our very eyes in relation to the United Kingdom Government. Will the minister explain how a written constitution would better protect the rights of citizens in an independent Scotland?
The answer to that is inherent in the question that Karen Adam has asked. We propose a written constitution that provides special status for the most important laws and fundamental issues around rights, civil liberties and equalities, and provides people with safeguards in that respect. It would also ensure that a threshold higher than a simple parliamentary majority would have to be reached if the constitution were to be changed. That is the limitation of the unwritten, uncodified UK constitution. We are seeing things such as the Human Rights Act 1998 under threat as a consequence right now.
“Building a New Scotland” (Written Constitution)
To ask the Scottish Government, in light of its latest “Building a New Scotland” paper, what its position is on how a written constitution could protect democracy, the sovereignty of the people, freedom and the rule of law in an independent Scotland. (S6O-02430)
A constitution for an independent Scotland would mark the end of Westminster parliamentary sovereignty in Scotland. Creating a new written constitution would establish Scotland as an independent, modern, democratic state and shift where power lies by replacing Westminster sovereignty with the sovereignty of the people who live in Scotland.
A written constitution for an independent Scotland would protect the fundamental elements of Scotland’s democracy and the rights of people in the country by giving them a higher status than ordinary laws. Individual Governments would not then use a simple parliamentary majority to undermine key institutions or water down fundamental human rights, as is happening now in the United Kingdom Parliament.
The sovereignty of the people is a proud tradition in Scots law, but it is clearer now more than ever that that tradition is simply not upheld as part of the UK with a dominant Westminster Parliament. Will the minister lay out how transformative it would be for our citizens to have a written constitution that transfers power to the people in an independent Scotland?
Ms Maguire is entirely right. Our proposals would re-establish the historical Scots constitutional tradition that the people are sovereign in Scotland. We should remind ourselves of the ruling of the Court of Session in 1953:
“The principle of the unlimited sovereignty of Parliament is a distinctively English principle which has no counterpart in Scottish constitutional law.”
Under our proposals, the people of Scotland would be central to the decision-making process with a range of opportunities to get involved and influence the development of the constitution. Our proposals would then allow people in Scotland to hold the future Governments of an independent Scotland to account and ensure that key human rights and equality protections were upheld. That is in stark contrast to the limitations of devolution right now.
International Development (Humanitarian Aid, Loss and Damage)
To ask the Scottish Government whether it will provide an update on how its international development work is supporting the connections between humanitarian aid and loss and damage. (S6O-02426)
Our humanitarian emergency fund provides support to tackle the immediate impact of humanitarian crises, including climate-related disasters, such as the devastating floods in Pakistan. We are also using our initial £2 million loss and damage funding to support communities to address losses and damages in the global south and further research on needs assessments and case studies.
We acknowledge the close links between the humanitarian assistance and loss and damage as an issue, as explored in the recent report “Practical Action for Addressing Loss and Damage”, which followed the international loss and damage conference hosted by the Scottish Government in October 2022.
Extreme weather events and events such as droughts and sea level rise are intensifying. That means that the humanitarian emergency fund will become increasingly important for disaster relief. However, that fund and other support, such as the climate justice fund—which I know falls under another portfolio—must be structured in ways that enable the links between humanitarian development, resilience and peace activities. Will the minister outline what, if any, plans there are to expand the humanitarian emergency fund? Will she commit to exploring, and keeping pace with, international discussions on the links between humanitarian, development, resilience and peace work?
The close links between humanitarian, development, resilience and peace work are equally recognised. As I indicated, our humanitarian fund provides support to tackle the immediate impact of humanitarian crises.
Yesterday, I announced £250,000 of funding from our humanitarian emergency fund for projects to provide food, access to clean water and shelter to people who are affected by the violent conflict in Sudan. On our contribution on longer-term resilience and peace work, we also separately fund our women in conflict 1325 fellowship programme to fulfil our commitment on United Nations Security Council resolution 1325, on women, peace and security.
With regard to the Scottish Government’s international development work on loss and damage and more widely, and given that resources are limited, is the minister convinced that the funding is going to, and the work is happening in, the right parts of the world, especially given that some parts of the global south are not currently covered?
Yes, I am convinced of that. However, we always maintain a review approach to such matters, because we see some of the clearest indications of climate change, and the loss and damage that come with it, across many areas in the world, particularly in the global south. We currently have a global south panel, which I meet often, to ensure that we focus our resources in the right way, at the right time, and for the right reasons.
Although loss and damage funding is really important, what is the Scottish Government doing to work with the banking and financial sector in Edinburgh, given that the impact of debt on low-income countries can hold them back from mitigating and adapting to climate change?
I will discuss that really important question with the Cabinet minister who has responsibility for the loss and damage funding and the climate justice fund. When I have done that, I will come back to Sarah Boyack with a clearer answer on the work that is being done with banks and others.
I know that we have been working with the World Bank on many of those matters, but I will get Sarah Boyack the most up-to-date details on that.
Culture and the Arts (Uddingston and Bellshill)
To ask the Scottish Government how it is supporting culture and the arts in the Uddingston and Bellshill constituency. (S6O-02427)
Our culture strategy sets out our ambitions for nurturing culture and creativity across all of Scotland’s communities.
We are supporting a range of individuals, organisations and projects across the Uddingston and Bellshill constituency via Creative Scotland, including through the culture collective programme and the youth music initiative. For example, through the culture collective programme, the North Lanarkshire collective received more than £238,000 to develop six creative arts projects anchored by six community organisations, including Orbiston Neighbourhood Centre in Bellshill.
Artists and cultural producers are key to promoting diversity, but representation of disabled artists in the creative industries is described as being “woefully small”. Barriers include lack of knowledge of disabled access requirements. Lack of awareness of disabled artists’ work often hinders their professional development. What action can the Scottish Government take to ensure that investment in the arts and culture sector creates inclusive opportunities for disabled artists—in particular, for those who are located outwith the main cities?
I hope that Stephanie Callaghan will realise that I am, as a former equalities minister, very mindful of the challenges that are faced. The Scottish Government’s ambition is to halve the disability employment gap in Scotland by 2038. On 19 December, we published a refreshed fair work action plan, which includes a focus on disabled people’s employment. Our culture strategy sets out our ambition for people across Scotland to lead a cultural life of their choice, including as artists and creative practitioners, regardless of their ability.
Creative Scotland worked with partners to enable Scottish participation in the United Kingdom-wide Unlimited programme, which commissions art works from disabled artists. Funding from that has been provided to support artists based at Eden Court in Inverness and An Tobar and Mull Theatre.
Cultural Activities (Midlothian South, Tweeddale and Lauderdale)
To ask the Scottish Government what support it has provided to cultural activities in the Midlothian South, Tweeddale and Lauderdale constituency. (S6O-02428)
As I mentioned in my response to Stephanie Callaghan, the Scottish Government supports a range of cultural activities in communities across Scotland. We also provide targeted support for culture through our funding to local authorities and public bodies, including Creative Scotland, which supports many cultural activities in the Midlothian South, Tweeddale and Lauderdale region. For example, via Creative Scotland, we have recently provided youth music initiative funding to Where’s the One? in the Scottish Borders to provide a programme of music-making activities for young carers.
I very much welcome the Scottish Government’s investment in the great tapestry of Scotland in Galashiels.
Is the minister aware that former Galashiels weaver Robert Coltart was the author of perhaps a world-first advertising jingle, “Ally Bally Bee”, to sell his Coulter’s candy? No singing, please. Would the Scottish Government be supportive—I am not seeking cash, so the minister can relax—of a small and humble museum dedicated to that intriguing and mischievous man, perhaps near where we already have an excellent statue of him, in Galashiels?
I was going to sing, “Ally bally, ally bally bee,” but I will save members the trauma.
There is no doubting the cultural significance of Robert Coltart’s song—everybody knows it, and I know that members are all singing it in their heads just now. His song about Coulter’s candy is sung not just in Gala, but in communities across Scotland and is shared across the generations. Gala is now also the home of the great tapestry of Scotland. It is great to see the improvements in wealth and tourism that that is bringing to Gala.
In response to Christine Grahame’s main question, we welcome and encourage any exploration and celebration of our heritage. Although, as she knows, we cannot guarantee any funding from the Scottish Government or our partners, she might find it helpful to contact Museums Galleries Scotland—which provides development and funding on our behalf—for advice and support as she explores opportunities to tell Robert Coltart’s story. Maybe if she sang her pitch to Museums Galleries Scotland, that would give her application an edge.
“Building a New Scotland” (Island Communities)
To ask the Scottish Government how it plans to
“support the constitutional protection of the specific interests and needs of island communities”,
as outlined in its latest “Building a New Scotland” paper. (S6O-02429)
Our proposals would enshrine the rights that are contained in the Islands (Scotland) Act 2018 in the constitution, thereby ensuring that the needs of the people who live on our islands are carefully considered when legislation or other decisions of state are being considered. By including them in the constitution, we will ensure that Governments with a simple majority in Parliament will not be able to water down or overturn the rights set out in the Islands (Scotland) Act 2018.
Does the minister not agree that it is an absolute insult for him to say that he will protect the interests of island communities, given his track record in government? Islanders have been forced to write to the Minister for Transport after Caledonian MacBrayne’s failing ferry service has cost businesses on two islands almost £1.5 million, which has prompted islanders to stage a series of protests on the mainland. All that is happening while we have the on-going fiasco at Ferguson Marine (Port Glasgow) Ltd.
I do not think that it is an insult. I certainly acknowledge—Fiona Hyslop was on television this morning talking about this—the regrettable impact that the delays and disruption have had on our island communities. Of course, we are committed to working to improve that, which has involved the buying and deployment of an additional vessel—the MV Loch Frisa—the chartering of the MV Arrow to provide additional resilience and capacity, the commissioning of two new vessels for Islay, the commissioning of two new vessels for the Little Minch route, and other activity.
Our fundamental proposition, though, is that in recognising that there are more than 90 populated islands in Scotland, on which people are living real lives, and recognising their importance to Scotland, we would enshrine those people’s rights in a written constitution.
The question was posed to me, but the question that I would pose to Finlay Carson and his Tory colleagues is—[Interruption.]
Let us hear the minister.
What special constitutional protection do Finlay Carson and his Tory colleagues propose for Scotland’s island communities? Right now, it looks an awful lot like the answer is none.
Although it is not a great surprise to know that the Tories oppose plans to increase people’s rights—constitutional or otherwise—does the minister agree that there are neighbouring countries that we could look to? Although they are not analogous, the Åland Islands in Finland and the Faroe Islands in Denmark have their roles codified in constitutions, which is something to which we could look.
I absolutely agree that we should do that. In everything that we do in our provisions and proposals for a written constitution, we should be learning from other progressive countries that have considered such matters. I can say that it will be essential that, in taking forward our considerations on these matters and having a proposal for a constitutional convention to consider a permanent constitution, the voices of Scotland’s island communities are heard, as part of the process.
“Building a New Scotland” Papers (Cost)
To ask the Scottish Government whether it will provide an update on the total cost of its “Building a New Scotland” papers, including civil servants’ time and printing costs. (S6O-02431)
The costs of the first three papers in the “Building a New Scotland” series have been published on the Scottish Government website. The cumulative total for the publication of those is £45,654.66, to be precise. At this time, the costs for the fourth publication are still to be received but, as with the previous publications, we will make those costs available in due course.
As usual, the Scottish Government does not answer the substantive question, which was about all the costs, including civil servants’ time.
The cabinet secretary will know that the main issues that are being addressed in my mailbox, from across the Highlands, are the dualling of the A9 and the A96, delivery of the ferries, the building of Inverness prison, resolution of the accident and emergency crisis at Raigmore hospital, and reduction of the long orthopaedic waiting lists. Funnily enough, our First Minister previously had responsibility for ensuring that some of those things were delivered, but failed to do so.
Given the current huge problems that the Highlands and Islands have, should the minister—surely—not be dealing with them before talking about independence and wasting time on a constitution?
Unlike Mr Mountain, this Government is well capable of dealing with more than one thing at a time. The issues that he has raised are important, of course—[Interruption.]
Members!
—and we will work to address them.
However, given that the member’s question was about the cost of the activity that we are undertaking, will he reflect on the fact that Westminster’s self-titled union unit has spent nearly £1.5 million on spin doctors—communication staff—alone? If that is the standard that the UK Government is setting, I will happily reflect on the cost efficiency to which we are working.
Scotland, and a majority of MSPs in all parties, voted overwhelmingly against Brexit, which was subsequently imposed on us. That necessitated the recruitment of additional civil servants to deal with the impact. Can the minister provide an update on the total cost to this Parliament of Brexit, including civil servants’ time and printing costs?
That is not relevant.
Under standing orders, it is important—standing orders require it—that questions relate to the substantive question that was lodged. I suggest that in this instance that is not the case, so we will move to the next portfolio.
Justice and Home Affairs
The next portfolio is justice and home affairs. I remind member that questions 2 and 8, and 4 and 7, are grouped, and any supplementaries on those questions will be taken after the grouped questions.
HMP Stirling (Rehabilitation of Female Prisoners)
To ask the Scottish Government what facilities the recently-opened HMP Stirling will provide to ensure the rehabilitation of female prisoners upon their release. (S6O-02432)
I have seen at first hand the new world-leading facility, which began bringing women into its care early last week. It is the third new facility that has been built for women in the past year. It will offer programmes to address offending behaviour, therapeutic interventions and wellbeing activities. It will also deliver a range of work and learning opportunities that will not only enhance literacy skills but improve the employability prospects for women.
That transformative and innovative approach to women in custody will address their specific needs to better prepare them for returning to their families and communities and will help to reduce reoffending.
Currently, female prisoners who require high secure mental health care need to be moved to facilities at a great distance from their families. How does the Scottish Government intend to support those individuals to maintain relationships with family and friends to break the cycle of generational trauma?
Notwithstanding the significant improvements in the women’s custody estate, I make it clear that prisons are not hospitals for women with acute mental health needs. As a former hospital and prison social worker, I know the difference between the types of appropriate care that can and should be delivered in each setting. I assure the member that the health ministers and I are focused on ensuring the right treatment at the right time in the right place.
The member may know that ministers have a role in authorising cross-border transfers. If there is a request for a patient to move from a hospital in Scotland to a hospital outwith Scotland, prior to its authorisation, specific consideration has to be given to the impact of the proposed transfer—for example, on family relationships—and to proposals for mitigating that impact. In addition, local health boards have to consider providing family members and carers with financial assistance for visits.
There are fewer alternatives to custody available for women than there are for men. What steps is the Scottish Government taking to develop alternatives to custody for women, including those with a rehabilitation focus, and more forms of supervised bail for women?
Over the years, alternatives to custody services that are specific to the needs of women have improved. There is a much more sophisticated approach, shall we say, to unpaid labour. That is probably the most obvious example. It is important to remember that the supervision and support that can be built into a community payback order can be very individualised and tailor-made. However, the member makes a fair point, and we will continue to keep that in sharp focus.
“Recorded Crime in Scotland, 2022-23”
To ask the Scottish Government what its response is to the publication, “Recorded Crime in Scotland, 2022-23”. (S6O-02433)
The latest statistics show that Scotland remains a safe place to live, with recorded crime remaining at one of the lowest levels since 1974—down 42 per cent since 2006-07. That includes reductions in crimes involving violence, damage and reckless behaviour. We recognise the impact on people who are victims of crime, and that although significant progress is being made, there is more that we need to do to reduce the harm that is caused. In particular, we are taking robust action to tackle sexual offending and are focusing on prevention, reducing reoffending and targeting the underlying causes of crime.
It is very welcome to see recorded crime at one of its lowest levels in 50 years. We know that, despite the increasing confidence that people have about reporting domestic abuse and sexual offences, those categories of crime remain seriously underreported. What can be done to increase the number of people who feel able to come forward with those complaints?
I know that Dr Allan has been a big champion of tackling antisocial behaviour in his constituency. He makes the important point that we need to ensure that everyone has the confidence and ability to report incidents of criminal activity to the police. It is also necessary to fully understand the basis for not choosing to report an incident and to respond accordingly.
The figures that were published this week demonstrate that our approach to justice in Scotland is the right one, but it is clear that there is always more to do. We are always working, along with our justice partners, to enhance our relationships with the public and we will carefully consider what more we can and should be doing to respond to the local concerns of every community in Scotland.
“Recorded Crime in Scotland, 2022-23”
To ask the Scottish Government what its response is to the latest “Recorded Crime in Scotland” statistics, which show an increase in the overall level of crime in Scotland. (S6O-02439)
As I said in my answer to Dr Allan, the statistics show that Scotland remains a safe place to live, with recorded crime remaining at one of the lowest levels since 1974—down 42 per cent since 2006-07. Despite that progress, we need to do more, which is why we are taking robust action to tackle sexual offending and are redoubling our efforts on prevention, reducing offending and tackling the underlying causes of crime.
When the recorded crime statistics were published, the cabinet secretary boasted that they
“show Scotland continues to be a safe place to live”.
Crimes under the Domestic Abuse (Scotland) Act 2018 are at their highest level since the law came into effect, and crimes of rape and attempted rape are at their highest level ever. Does the cabinet secretary think that victims of those crimes would say that Scotland is a safe place to live?
I take issue with the member’s characterisation of a Government press release that was put out in my name—I am not known for boasting. It is reasonable for the Government to report on recorded crime and to be held to account not just on the short-term trends but on the long-term trends. We take into account other sources of information, not just recorded crime, such as the crime and justice survey, which looks at non-reported crimes, as well as the reduction in hospital admissions and the reduction in homicide.
Much has improved to make Scotland a safer place, and members of the public report feeling safer. Nonetheless, there are particular challenges in and around sexual offending, rape and domestic abuse.
I hope that we will march forward together, and I look forward to the member’s scrutiny of and support for our Victims, Witnesses, and Justice Reform (Scotland) Bill.
The number of sexual crimes has increased by 70 per cent since 2013-14. The number of rapes, attempted rapes and crimes under the Domestic Abuse (Scotland) Act 2018 are all at the highest levels on record. Sickeningly, more than one third of sexual assault victims are under 18. That is the harsh reality of the SNP’s soft-touch approach to criminal justice. Does the cabinet secretary agree that those figures point to complacency in the Government’s approach to justice, and if not, to what does she ascribe that abhorrent rise?
I regret that the member feels that it is appropriate to weaponise sexual offending, and with respect, although the member is very tough on rhetoric, her contribution today was very soft on substance.
Despite the very small reduction in sexual crime during the past year, we continue to see long-term growth in reported cases. That is against a backdrop of heavy underreporting: the latest crime survey suggests that just over one fifth of those who experience forced sexual activity report it to the police. Although the increasing numbers in our court systems might be attributed to a greater willingness of victims to come forward, we know that underreporting is still a huge issue.
It is imperative that victims have confidence in our justice system and that we build their confidence in it. That is why, first and foremost, we need to have a debate of substance and why the Government has been focused on improving our laws. For example, the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 enables victims to come forward to be examined and log the evidence while they get support through Government-supported advocacy services—perhaps through Rape Crisis Scotland, which is another organisation that we support—so that they can make their complaint when they choose to and when it is right for them.
However, there is always more to do, and I look forward to engaging with the member as we embark on our journey—which I hope will be a shared one—with regard to the Victims, Witnesses, and Justice Reform (Scotland) Bill.
Justice (Support for Disabled Children and Young People)
To ask the Scottish Government what support is in place for disabled children and young people navigating the justice system. (S6O-02434)
A range of support is available. That includes assistance with physical access to court, support with communication and procedural adjustments for giving evidence. We have also introduced advocacy in the children’s hearings system, which means that support is available if requested.
Operational partners are exploring how to enhance the available support. For example, the Scottish Children’s Reporter Administration is working with the disabled children child protection network to identify additional needs and vulnerabilities. The recently published bairns’ hoose standards set out the inclusive access that children should have, including equitable access to services and a reduction in the barriers that disabled children face.
Some children with autism and additional support needs find it quite difficult to be in varied environments, including child contact centres. What training is in place in contact centres and the justice system more broadly on autism and disabilities, so that staff can pick up when a child is in distress? What processes are in place for when children display significant distress in those circumstances?
The member raises an exceptionally good point, because we know for sure that there is a high prevalence—and indeed overrepresentation—of children with a disability who have to engage with the justice system, whether as a victim, a witness or a person who has altercations with the law or interactions with our youth justice system. Our courts and contact services have a number of obligations, not least through the Equality Act 2010 and the getting it right for every child approach, and they need to acknowledge that disability comes in many forms other than physical disability.
I will write to the member on the specifics in and around neurodiversity. I assure her that the matter is very live in contact centres and the court system as a whole.
The introduction of the Children (Care and Justice) (Scotland) Bill is welcome in relation to the development of age-appropriate care and justice that places the rights, safety and wellbeing of children at its core. What steps are being taken in the development of the legislation to include the voices of children and young people with disabilities who have navigated the justice system?
The views of children and young people have been integral to shaping the legislation to which the member has referred. Engagement activities with individuals and groups with experience of the justice system and the hearings system, all of which took place ahead of the bill’s introduction, involved the Our Hearings, Our Voice project; the STARR group; youth justice voices; the Promise team at North Lanarkshire Council; and the participation group today not tomorrow.
We have also worked with the Children and Young People’s Centre for Justice and the Scottish Youth Parliament to carry out open and targeted sessions with children and young people. The SYP’s #WhatsYourTake survey generated 243 responses from children and young people, and a full equality impact assessment was published alongside the bill.
Online Child Sexual Abuse
To ask the Scottish Government what its response is to Police Scotland’s latest quarterly performance report, which found that there were 1,928 recorded crimes of online child sexual abuse during 2022-23. (S6O-02435)
The Police Scotland report shows that it is vital to prevent and tackle that complex type of abuse. We are committed to securing the online safety of children and young people, which is why we are taking a range of actions, including funding third sector organisations that are involved in safeguarding; preventing and responding to child sexual abuse and exploitation; and delivering campaigns that are aimed at parents and carers to keep children and young people safe online. We have also revised the national child protection guidance to support local areas with the development of effective, evidence-based responses to child sexual abuse and exploitation.
Detective Chief Superintendent Sam Faulds, who is the head of public protection and Police Scotland’s national child abuse investigation unit, has said:
“Behind every image of abuse shared online is a child. These images are viewed and shared thousands, if not potentially millions of times around the world. This is a horrific trade in trauma and misery.”
That is an extremely powerful statement yet, all too often, such crimes are not punished severely enough. The Scottish Sentencing Council has confirmed that a person who is caught in possession of indecent images would likely attract a community sentence, despite public opinion favouring a lengthy prison sentence. Will the cabinet secretary commit to publishing data so that the public are aware of the reality of sentencing in such cases?
Members are well aware of the role and function of the Scottish Sentencing Council, which has a statutory duty to publish guidance and advice to independent members of the judiciary regarding different types of offences. Considering the risk—in particular the risk to children—is core to that advice. I encourage the member to review the guidance and the work that the council does in the round, because further guidance will be coming out in relation to sexual offending, for example.
The member is right to articulate the seriousness of the matter. It is a growing issue, and she and other members are right to champion those affected and focus on it. I believe that the Scottish Government has successfully engaged with the United Kingdom Government on the Online Safety Bill.
The member makes an important point about public engagement. I point to the work that we do with the Parent Club Scotland website, because information for parents on the issue is critical, and to the important work that the Gartcosh Scottish crime campus does to detect such crime in the first place.
Online Child Sexual Abuse
To ask the Scottish Government what discussions it has had with Police Scotland regarding action to tackle the reported rise of online child sex abuse. (S6O-02438)
As I set out in my answer to Meghan Gallacher, protecting children from online harm is a key priority. The Scottish Government is a member of Police Scotland’s multi-agency group on preventing online child sexual abuse, which meets quarterly to discuss technological advancements in tackling abuse, data gathering, improvements in support for victims and other key activities that our partners deliver. We continue to work with Police Scotland and the Crown Office to identify opportunities to strengthen legislation in that area.
A BBC investigation found that paedophiles are using artificial intelligence technology to create and sell lifelike child sexual abuse material online and that, shockingly, they are accessing images by paying for subscriptions to accounts on mainstream content-sharing sites such as Patreon. An investigation found that Patreon accounts are offering AI-generated, photorealistic, obscene images of children for sale with different levels of pricing that depend on the type of material that is requested, which is shocking.
Will the cabinet secretary consider whether anything can be done within devolved competence to address that? What is being done to work alongside the UK Government to hold tech companies to account and ensure that the images that are found on their sites can be taken down and eradicated for good?
I am aware that the Criminal Justice Committee has heard illuminating and interesting evidence on the matter, particularly in relation to what is described as non-real images. As a result of that, and as a result of the member’s question to me three weeks ago, we have been engaging with the police and the Crown Office to ensure that there are no gaps in Scots law.
As for regulation of the internet, although the police cannot remove images from the internet, they can report illegal content to the Internet Watch Foundation. As I said to Ms Gallacher, we have worked well with the UK Government on the Online Safety Bill. I reassure Pauline McNeill that the issue is live, as it is a real and growing problem.
Online child sex abuse and exploitation requires the most serious response. The actions that the cabinet secretary has set out to tackle the problem are welcome. Will she say more about steps that are being taken to help children and young people to recognise the signs of online harms, including child sexual abuse and exploitation?
The safety and wellbeing of our children and young people is of paramount importance. For all the reasons that have been outlined by the member and others, we are extremely concerned by the on-going rise in online child sexual abuse. In each of the past six years, £14 million in core funding has gone to the third sector to strengthen early intervention and prevention efforts in order to better protect children and young people from abuse, including sexual abuse. We will also continue our commitments across various policy areas to support action to tackle child sexual abuse and exploitation, including work to engage with the public and raise awareness about the dangers of online abuse.
Crown Office and Procurator Fiscal Service (Budget)
To ask the Scottish Government what its response is to reports that the Crown Office and Procurator Fiscal Service faces “insufficient resource to meet statutory and policy obligations” due to budget cuts. (S6O-02436)
As a Government, we have a strong track record of investment in the Crown Office and Procurator Fiscal Service, with £13 million of additional funding provided in 2023-24 in recognition of the pressures of increased case workloads and complexity, pay parity and Covid recovery costs. Its budget is now more than 50 per cent higher than at the start of the previous parliamentary session.
The recently reviewed executive board minutes state that the current risk score is at red level 16. The money that the Government has placed in the hands of the Crown Office is clearly inadequate. What does the Government say to those victims, witnesses and next of kin who have been waiting longer for cases and who have experienced more miscarriages of justice, errors and failed cases because suspected criminals have not been prosecuted in time? Is that the responsibility of the Crown Office or the Government?
I am quite sure that it has not escaped the member that, although the block grant to the Scottish Government has reduced in real terms by 5 per cent, as I indicated in my original answer, there has been a long-term increase in funding to the Crown Office under this Government. In 2014-15, £105 million was invested, but the budget of the Crown Office now sits at £196 million.
The Crown Office has had a 10 per cent uplift in the current financial year. I certainly appreciate the impact of inflation and the rising complexity of needs, but the additional resource that the Government has provided has enabled the Crown Office to increase the number of full-time equivalent staff working under it. This is obviously an important matter, and I appreciate the member’s interest in it. He will of course be aware of the usual means by which all portfolios and the Parliament come together to scrutinise the priorities and the choices that we all collectively must make.
I have been making representations to the Crown Office, directly to the Lord Advocate, to raise concerns over the handling of a Crown case against my constituent’s daughter, which was finally dropped after 30 months. I wish to see an independent review of the entire case, and I have written to the cabinet secretary about this. Will the cabinet secretary meet me to discuss those concerns and my suggestion?
I suggest that, given the requirements of standing orders, that question is at odds with the substantive question.
Taxpayers have been hit with a £51 million compensation bill for the Crown Office’s malicious prosecutions linked to Rangers Football Club, with the Crown being bailed out for that by the Scottish Government. I have since established that those cases have cost another £6 million in legal fees. Given the Crown’s perilous financial predicament, can the cabinet secretary confirm whether that money came from the Government or from the Crown’s regular budget?
I will perhaps ask Mr Findlay to submit that question to the Crown Office—I will perhaps even do that on his behalf. Ultimately, the funding that comes to my justice portfolio and the funding that goes to the Crown Office as a separate portfolio are all taxpayers’ money.
Legal Age of Marriage
To ask the Scottish Government whether it will provide an update on any meetings that it has had with stakeholders regarding the legal age of marriage. (S6O-02437)
We have now spoken to around 25 organisations representing a number of interests including ending forced marriage and violence against women and girls. There is a range of views. Increasing the minimum age could be argued to increase safeguards, but it could also be seen as removing young people’s right to marry or to enter into a civil partnership. We also need to consider the fact that young people acquire a number of important rights at the age of 16. I am meeting Pauline Latham MP after the summer. As Claire Baker may know, she promoted legislation at Westminster to raise the age of marriage in England and Wales.
I thank the minister for that response, and I welcome the meetings that are taking place, but I am unclear as to why the Scottish Government is not prepared to undertake a full public consultation on the issue. The United Nations Committee on the Rights of the Child is clear that the age of marriage should be raised to 18. Under the UN sustainable development goals, member states around the world, including the United Kingdom, have pledged to end all marriage under 18 by 2030. As the minister has recognised, the change in the law in England and Wales came into force in February. In Northern Ireland, following a public consultation, the overwhelming majority of respondents were in favour of raising the age to 18, and the intention is to introduce legislation there once Stormont is fully operational. Is the Scottish Government really willing to remain out of step with other western countries and to ignore the international conventions on women’s rights and on children by failing to take action on raising the age in Scotland to 18?
The UN committee’s recommendation will be fully taken into account as we gather views from stakeholders and consider our next steps. Our approach will help ensure that we properly assess the potential impacts of any changes, as the Parliament would expect. If we proceed with a full public consultation, we want that to include robust evidence. If we decide to issue a public consultation, the earliest that that could be done is 2024. Clearly, any legislation after that would depend on the results of the consultation and the availability of time in the Parliament.
One concern with the legal age of marriage is around the potential vulnerability of young people to forced marriage. What protections and safeguards are currently in place for those who may be vulnerable to or at risk of forced marriage?
Forced marriage has a devastating impact on people who are affected by it and can be a form of honour-based violence. There are protections in both criminal and civil law, and forcing someone into marriage is a criminal offence. Forced marriage protection orders can also be sought from the civil court, and breach of an order is a criminal offence. From 30 November, those protections will extend to forced civil partnerships. No one should have to endure forced marriage. We fund the national Scottish domestic abuse and forced marriage helpline to provide advice and support, and help is available 24 hours a day on 0800 027 1234.
That concludes portfolio questions on justice and home affairs. Before we move on to the next portfolio, I will allow a moment for members on the front benches to reorganise.
Education and Skills
Education and Skills (Role of Third Sector)
To ask the Scottish Government what its position is on the role that the third sector plays in supporting education and developing skills. (S6O-02440)
The Scottish Government recognises that the third sector plays a vitally important role in supporting the delivery of education and skills provision at the local, regional and national levels. We continue to provide direct financial support to a wide range of third sector organisations that provide those services, many of which support individuals with additional barriers to positive destinations.
The cabinet secretary will be aware that some lessons that are best learned outside the classroom can have a huge impact inside the classroom, specifically on developing confidence, resilience and aspiration, especially for pupils who find the standard education environment difficult. With that in mind, does the cabinet secretary agree that underfunding the third sector is a false economy? What will she do to ensure that the third sector is adequately funded in order to ensure a full and broad educational offer?
I know that Mr Whittle takes a keen interest in the role that sport plays in education, and I agree with a number of the points that he has made in relation to learning outside the classroom.
It is important to say that we provide a wide range of funding to a number of third sector organisations that provide services in the education sector. We also—through pupil equity funding, for example—allow headteachers to use funding directly to include the third sector in the provision of education.
More broadly, Mr Whittle’s point about the opportunities for working with the third sector is important. I will seek to build on that as we move forward with our wider school reforms.
Learning Estate Investment Programme (Dundee)
To ask the Scottish Government what its response is to reported concerns that prolonging phase 3 of the learning estate investment programme will further delay the delivery of a primary school in the Western Gateway area of Dundee. (S6O-02441)
I understand that local authorities are keen to get clarity on phase 3 of the learning estate investment programme. Last week, I visited the east end community campus project in Dundee, and I know about the difference that LEIP funding will make in that area, particularly in relation to the amalgamation of two schools in that community.
Scottish Government officials wrote to all councils in March to explain that consideration of those projects would form part of phase 3, which was still on-going at that time. It was set out that further time was needed to look at the scope of phase 3, and particularly to take account of the impact of market volatility on current projects and, accordingly, price increases. Since then, our medium-term financial strategy, which was published in May, has also highlighted that our top priority needs to be to ensure that Scottish finances remain on a sustainable trajectory. Those are big decisions, and it is important that we get them right. However, I am committed to announcing the successful phase 3 projects as soon as possible.
The Western Gateway primary school is scheduled to open in August 2026, by which time families will have been waiting for over a decade. The project requires 50 per cent funding from the Scottish Government. I know that the cabinet secretary has highlighted the difference that LEIP projects will make to their local areas, but does she appreciate the real concern in that community that the further delays that she announced on 1 June—and which she has reannounced today—might put at risk that opening date and, as a result, the plans that young people and their families have to make for their futures?
I very much do not want those plans to be put at risk. I recognise Michael Marra’s interest in the matter. It is worth while pointing out that, in December 2020, we announced LEIP phase 2 projects in Dundee, which included in Dundee City Council’s priority project a new east end community campus, as I outlined, to replace Braeview academy and Craigie high school.
Dundee City Council has also put forward a new Western Gateway primary school, as Michael Marra alluded to, as its priority project for the LEIP phase 3 funding.
We will announce the phase 3 projects very soon. I recognise some of the challenges that that presents in relation to uncertainty, but I hope to provide certainty very soon to a number of local authorities that have also submitted bids.
Michael Marra will understand some of the real financial pressure that the Government is struggling with at the current time, but I want to be absolutely certain that we are delivering on as many schools as possible to ensure that we can improve the learning environments for our young people.
The LEIP project and our approach to school funding have been innovative. We are working with local authorities, but we recognise that they have statutory responsibility for the delivery of education locally.
Question 3 has not been lodged.
Skills Review
To ask the Scottish Government which parts of the independent review of the skills delivery landscape it plans to implement. (S6O-02443)
Through our engagement on “Purpose and Principles for Post-School Education, Research and Skills”, which was published today, it is evident that there is a necessity for the reforms that James Withers has outlined. The initial priorities document, which was published alongside the purpose and principles, is clear that we accept the basis of his recommendations on language, skills planning, employer engagement, funding and pathways reform. How we implement reform across the education system, including in the context of “It’s Our Future: Report of the Independent Review of Qualifications and Assessment”, which was published last week, will be determined by our further discussions with stakeholders over the coming weeks and months.
The Withers review highlights the need for industry engagement and the critical importance of work-based learning apprenticeships. However, the minister will have seen commentary from the chief executive of Scottish Engineering, Paul Sheerin, that the proposals in the review run the risk of taking us further away from those goals. How will the Government ensure that employers and businesses are fully engaged and that work-based learning is given the importance that it deserves to ensure that Scotland has the skills that it needs to take maximum advantage of the enormous industrial opportunities that are before us?
I noted Paul Sheerin’s comments, but I believe that the Withers proposals, when linked in with the work that is taking place on educational reform, will take us forward. I absolutely recognise the importance of employer engagement, and I am committed to ensuring that our reformed learning system meets the needs of employers of all sizes across Scotland. That is why the Government will be working with a range of employers and representatives to understand their views and perspectives as we consider next steps towards implementing change. How we implement reform across the education sector will be determined by that engagement.
Key to the establishment of a successful post-school learning system will be measuring progress towards achieving it. Measuring progress is something that the Scottish National Party has often struggled with. It has preferred to mask its failures under the guise of spin. However, we need an honest assessment so that problems can be addressed before they spiral into the administrative quagmire that we see before us today. Will the minister explain how progress will be measured?
That is a disappointingly negative contribution to an incredibly important debate. Of course progress towards achieving what we set out to achieve will be important but, right now, the focus of everyone is—or should be—on shaping a skills and post-school education landscape that meets the needs of our learners for the future. That is what the Government is focused on.
I echo Ivan McKee’s comments. The Withers review was important in terms of the functional outcomes, such as parity of esteem, embedding the Scottish credit and qualifications framework, and providing flexibility through measures such as digital skills, but the documents that were released today focus more on structure. The removal of funding and skills planning raised big questions about the future of Skills Development Scotland and what its status will be.
Given that 1,500 people are employed by SDS, when will we get clarity about whether SDS, and those jobs, will continue? Given the scale and impact of what is being proposed, would it not have been better to have a statement or even a debate on the matter, rather than releasing the details through correspondence with the committee convener?
I should say that we also met Opposition spokespersons on that very subject yesterday.
I recognise Daniel Johnson’s interest in the issue. With regard to the recommendations, we have tried today to give a degree of certainty where we can. In relation to SDS, we have provided a degree of that. We are also very much aware of the concerns of employees. That is why we will move as quickly as we can to provide them with the certainty that they will require.
I think that members, if they read both documents together, will see a direction of travel. We will provide more detail after the summer recess.
Recruitment of Teachers
To ask the Scottish Government whether it will provide an update on what it is doing to assist local authorities with the recruitment of teachers. (S6O-02444)
Local councils are responsible for the recruitment and deployment of their staff, and they have autonomy to provide incentives to their area as it is they, not central Government, that employ our teachers. I will continue to engage directly with the Convention of Scottish Local Authorities on the issue.
However, the Scottish Government is committed to supporting recruitment of more teachers and is providing £145.5 million in this year’s budget to protect increased teacher numbers and to support staff across all local authorities.
Retention of teachers is key. Undoubtedly, the historic pay settlement that was reached earlier this year will go some way towards achieving that aspiration and underlining this Government’s commitment to our teachers.
A constituent of mine is concerned about the prospects for probationary teachers, including her son who completed his probationary period at a school in East Dunbartonshire and received an excellent report from the headteacher. However, when it came to interviewing for a vacant post, he was competing with newly qualified teachers with no probationary experience, yet he and other colleagues who were in similar positions lost out on jobs.
I understand that some councils have in place positive discrimination to benefit teachers who have successfully completed their probationary year within that authority. Does the minister agree that experience as a probationary teacher should be taken into account, and that lack of security is turning away many people who are desperate to take up the vocation of teaching?
Teaching is a really attractive career choice for many people. Scottish teachers are, as we know, following the pay deal that I outlined in my original response, which is the best in the United Kingdom.
I expect local councils that employ our teachers to recruit teaching staff in an open, fair and transparent manner. I discussed that matter with the Convention of Scottish Local Authorities only this morning.
The teacher induction scheme is, of course, funded by the Scottish Government. It gives a one-year probationary replacement to allow teachers the opportunity to meet the standard for full registration. However, we have never provided a guarantee of future employment with a specific local authority. It has always been the responsibility of councils to recruit and employ their teachers based on local needs and circumstances.
I know that when I completed my probationary year—many years ago now—the job market was deeply competitive and people had to move to find work. I accept that not everyone is able to do that, including people who have young families. To that end, as I mentioned in my original response, we are, in this year’s budget, providing councils with additional funding, which is particularly focused on protecting increased teacher numbers. I mentioned that I discussed that with COSLA earlier today; I have also discussed it with the General Teaching Council for Scotland. I look forward to working with COSLA on the issue in recognition of the national challenge at the current time.
In any job, promoting a safe and secure work environment with good and fair working conditions is undoubtedly a pull factor in recruitment. Teachers and trade unions have told us that heavy workloads and lack of non-contact time are impacting on wellbeing, and the national discussion was crystal clear that the Government must implement its commitment to increasing non-contact time. I welcome the cabinet secretary’s confirmation that the Government remains committed to doing that. Will she update Parliament today with a timetable for implementation?
I thank Pam Duncan-Glancy for that question. She raised the issue with me a number of weeks ago during one of our education debates or statements, although I cannot recall exactly which one. I remain very committed to considering the issue with—of course—our partners in the Scottish Negotiating Committee for Teachers.
The member mentioned workload and class contact. Both factors play into how we will take forward some of the key reforms that are coming not only from the national discussion but from the outputs of the Hayward review.
I will be commissioning an external piece of work that will consider and bring together a range of factors—including effective local and national teacher workforce planning, pupil to teacher ratios and the projected decline in the number of school-aged children in Scotland—to inform effective evidence-based workforce planning, which is hugely important.
We need to look at the issues holistically, because issues in some local authorities will not exist everywhere. We must ensure that we have in place an education workforce that enables us to progress our commitments on reducing class teachers’ contact time, on raising attainment overall, on closing the poverty-related attainment gap and on improving additional support for learning, while delivering maximum value for money.
The cabinet secretary knows that, across the country, there is a significant problem with unemployment and underemployment of, in particular, primary teachers. Now that she has been in post for a few weeks, has she got any understanding of how we can tackle that, including through dealing with supply? In other words, are we training too many teachers into the system? If so, how will we tackle the high level of unemployment in teaching?
Mr Rennie highlights issues that we face in relation to primary school teacher recruitment, on which I am well sighted. I have discussed the matter with the Scottish Education Council, and School Leaders Scotland has been taking forward work on the matter, which it presented to the Scottish Education Council a number of weeks ago. I am very keen to work more broadly with the General Teaching Council for Scotland on the issue, recognising the issues that Mr Rennie has spoken to.
It is hugely important that we have a better understanding of the national picture, because some of the issues that exist in the local authority that he and I represent will not exist, for example, in Dundee City Council, which takes a very different approach to teacher recruitment.
I am really keen to work with COSLA on the matter. I have met COSLA, as I mentioned in my response to, I think, Pam Duncan-Glancy. We will take that work forward in partnership—although of course I acknowledge that local authorities are, fundamentally, the employers of our teachers.
Dargavel Primary School
To ask the Scottish Government what its response is to the independent review into the planning for Dargavel primary school. (S6O-02445)
The Scottish Government is taking the capacity issues at Dargavel primary school very seriously. Officials met Renfrewshire Council very recently to discuss the independent review report that was published earlier this month.
I am advised that Renfrewshire Council has accepted all the report’s recommendations. The council has issued an unreserved apology to parents and carers, and has committed to working with them to deliver on the report’s recommendations and—which I think is important—to restore public trust. Although it is a matter for Renfrewshire Council, I also yesterday met a representative of the primary school’s parent council and I met Neil Bibby MSP to hear their concerns directly.
The report is damning. It describes Renfrewshire Council’s planning of Dargavel as
“woefully inadequate and grossly incompetent”.
For years, parents have voiced concerns that the school was too small, yet the report confirms that not a single complaint was ever given proper scrutiny, and the council’s approach was
“the complainants are wrong, the Council is right”.
It turns out that the council was wrong and the parents were right.
Will the Scottish Government now step in, start from scratch and ensure that local pupils do not pay the price for the Dargavel debacle?
Russell Findlay has raised a number of really important points. I discussed the matter at length yesterday in my meetings with Mr Bibby and the representative from the parent council.
The issue partly relates to accountability, to which the member has alluded, and that accountability is ultimately for the local authority. He asked whether I am able, as cabinet secretary, to step in. I have asked my officials to raise the issue directly with the chief planner, in case there is any evidence that she can offer the council on the matter. More broadly, I have asked for advice from officials on any support that we might be able to give the local authority as it moves forward on the challenges that are inherent in the results of what I have to say was poor decision making in relation to the school build. I commit to working closely with any interested MSPs on the issue, because it is a huge issue locally. It has been very difficult for parents in particular, who have been expressing concerns for a number of months—if not years.
It is important, though, that the local council, which has statutory responsibility for delivery of education, now works to rebuild trust. I have committed to working with the council on the matter during the summer recess. I will talk to the council directly about what more support the Scottish Government might be able to provide.
I recognise that it is a very challenging issue locally. I will do all that I can, as cabinet secretary, to provide support but, fundamentally, the matter is for Renfrewshire Council.
Renfrewshire Council has been found to be incompetent, arrogant and amateur. The cabinet secretary has heard from parents directly that they have lost all confidence in the council. Some £160 million has been wasted, but nobody has been held accountable.
Does the cabinet secretary agree that there must be accountability for the Dargavel debacle and that only a full and independent investigation of it will command public confidence? Will the minister also seriously consider the request from parents to consider fully the case for independent and robust oversight of Renfrewshire Council’s future delivery of Dargavel education provision?
Mr Bibby and I had a really productive and helpful meeting yesterday. I think that the points that he makes about lack of confidence in the council are very important.
On accountability, there has, of course, been an independent inquiry, although I know that there are a number of potential challenges in respect of how it has landed with local parents. It is important now that I, as cabinet secretary, meet the council. I have agreed to do so with Mr Bibby during the summer recess to hear from the council directly.
On the call from parents for an independent and robust approach to governance, I give Neil Bibby the absolute assurance that, within the confines of being Cabinet Secretary for Education and Skills, I will provide whatever support I can through Scottish Government officials. As I said in my response to Mr Findlay, I recognise that it is ultimately a matter for the local authority, but Mr Bibby will have my support and I will do all that I can within the powers that are at my disposal.
Widening Access to University
To ask the Scottish Government whether it will provide an update on its progress towards meeting its 2030 target for widening access to university admission. (S6O-02446)
We are committed to ensuring that learners from our most disadvantaged areas are supported into universities. Last year, more than 16 per cent of first-degree entrants studying full-time were from deprived areas, which means that we have fulfilled the first target that was set by the commission on widening access, and we give credit to our universities for that. We should be immensely proud of the progress that we have made collectively on widening participation, but of course we recognise that there is more work to do. We will continue to work with the sectors and the commissioner for fair access to make further progress towards our targets.
Recommendation 31 of the commission on widening access report, which was published in 2016, stated:
“The Scottish Government and the Scottish Funding Council ... should develop a consistent and robust set of measures to identify access students by 2018.”
Seven years later, universities are still using the Scottish index of multiple deprivation, which only identifies neighbourhood areas, resulting in a postcode lottery. Stakeholders are extremely concerned that, if action is not taken now, the 2030 target will not be met. Why has the Scottish Government so far failed to deliver on the promise for robust measures from 2016, and how will that failure impact the 2030 target?
Roz McCall asks a legitimate question, although I refer her to the fact that we have met the initial target. I accept that, to create a truly fair system, it is important for us to fully identify the people who face the greatest barriers to entering university. The commission’s final report made it clear that the SIMD is the best measure that we currently have to support our work on access. However, we recognise the importance of identifying all those who face socioeconomic disadvantages, including in rural areas. That is why we have established a working group to consider what other measures could be used alongside the SIMD to support our work on fair access. The access data short-life working group is currently due to report its recommendations to ministers in September this year. We will continue to work with the sectors and the commissioner to ensure that we best support the people who need it.
We should never be complacent when it comes to widening access, but the numbers do not lie. Higher education student statistics show that, since 2006-07, there has been an increase of 31.4 per cent in the number of Scotland-domiciled full-time first-degree entrants to our universities, and we are seeing more people from the most deprived areas going to our universities. Does the minister agree that the party that introduced free university education by scrapping the graduate endowment needs no lessons from the Tories when it comes to widening access?
I agree that we should be proud of the progress that we have made. Again, I pay tribute to the universities for the work that they have done. We have seen an impressive 41 per cent increase in the number of students from the most deprived areas entering university since we accepted the recommendations of the commission. Access to university should be based on the ability to learn, not the ability to pay, and that is what the Government continues to deliver.
Universities (Marking and Assessment Boycott)
To ask the Scottish Government what action it is taking to end the marking and assessment boycott in Scottish universities. (S6O-02447)
Although the Scottish Government has no direct role in resolving industrial disputes in the further and higher education sectors, we are clear that we expect trade unions and employers to work together to resolve issues around pay and terms and conditions. In recent weeks, I have met the trade unions and employers and have urged them to engage in constructive and meaningful dialogue in pursuit of a resolution of the disputes.
Students from universities across Scotland and, in particular, the University of Glasgow, through no fault of their own, are graduating with unclassified degrees. I have constituents writing to me worried about their futures. Students feel let down and betrayed, as they are becoming collateral damage in a dispute between lecturers and universities. The minister must stand up for students who have been abandoned in this dispute. What guarantees can the minister make to ensure that every university student will receive fully marked coursework and an accurate degree classification by the end of the summer?
I agree that students find themselves in a situation that is no fault of their own. I also know that universities are working extremely hard to resolve matters. It is deeply regrettable that individuals are suffering as a result of the boycott in the context of the industrial dispute. That is why I pressed Scottish universities to push the Universities and Colleges Employers Association to get back around the table for progress to be made not only on pay but on issues such as the gender pay gap and casualisation.
I understand that the Scottish committee of UCEA met the unions this week. Although that was not part of the formal negotiation process, I welcome the fact that they are, at the very least, talking.
If Sandesh Gulhane is as keen as I am to have matters resolved, perhaps he will encourage his colleagues in the United Kingdom Government to ask English universities to direct UCEA to reopen talks with no preconditions, because these are UK-wide negotiations.
As I understand it, universities are independent institutions. Of course, we all want to see a fair settlement, but does the minister agree that it would be damaging for our universities’ worldwide reputation if the Government started interfering in day-to-day matters?
The role of Government is to work constructively with the institutions and trade unions to encourage resolution. Sandesh Gulhane is correct that none of us want to see our students adversely affected in this way.