Official Report 1039KB pdf
Constitution, External Affairs and Culture, and Parliamentary Business
Good afternoon. The first item of business is portfolio questions, and the first portfolio is constitution, external affairs and culture and parliamentary business. As ever, in order to get in as many members as possible, I would appreciate succinct questions, and answers to match.
Historic Sites (Reopening)
To ask the Scottish Government what measures it is undertaking to reopen historic sites that are managed by Historic Environment Scotland over the coming months. (S6O-04250)
Questions regarding the day-to-day operational matters of Historic Environment Scotland, including queries relating to the timeline of site reopenings, are best answered directly by Historic Environment Scotland. I have asked its chief executive to respond directly to the member with a full reply to his question in writing.
I know that the member shares my interest in traditional skills, including stonemasonry, and no doubt we will both want to support HES in that regard.
The cabinet secretary is absolutely right to mention traditional skills, because a lack of traditional skills such as stonemasonry has been part of the problem that we face in getting some of those sites open.
I discussed the issue with HES when I visited its excellent skills centre in Stirling last week. I know that skills are not part of the cabinet secretary's remit, but he appears to agree with me that they are important, so I wonder whether he could raise it with colleagues in Government.
I will also just be cheeky and ask that a list of sites that will be open for the spring be published on HES’s website, and that indicative dates be given for the others.
It is worth putting on record that the Scottish Government recently made changes to allow Historic Environment Scotland more financial freedoms in relation to its commercial income.
I am keen to support Historic Environment Scotland in a number of ways, which I discussed with the chief executive only a few weeks ago. That included skills such as stonemasonry. I am sure that she and HES colleagues will look closely at the suggestions that have been made about the website.
Cultural Organisations (Rural Areas)
To ask the Scottish Government what support it is providing to cultural organisations in rural areas. (S6O-04251)
We are committed to creating, protecting and nurturing cultural opportunities for everybody in Scotland, regardless of where they live. That is why we support and fund organisations that work in rural and island communities. For example, via our regular funding to Creative Scotland, we support many organisations across rural areas, including Shetland Arts, Timespan in Helmsdale, Alchemy Film & Arts, which is based in Hawick in the Scottish Borders, the Wigtown Festival Company, and the Stove Network in Dumfries and Galloway.
The cabinet secretary mentioned the Wigtown Festival Company, which provides support to a range of performing arts activities and stages its famous and fabulous book festival, which is now in its 20th year. Like many rural arts organisations, it is still facing a challenging environment, despite the additional investment in culture in the budget. It is warning that rural audiences have been slow to return following the Covid pandemic, which is affecting box office returns. It could put up its prices, but it insists that it wants to make events accessible to as wide a range of audiences as possible.
Given the importance that culture plays in the sustainability of rural communities as a whole, what additional support can be provided to such organisations?
The timing of Finlay Carson’s question is excellent. I confirm that Creative Scotland will, tomorrow morning, announce details of its multiyear funding for cultural organisations and venues right across Scotland, rural and urban. That will be transformational for the sector, and it is possible because of the record financial commitment to culture and the arts in the forthcoming Scottish budget. I urge all MSPs and all parties to look out for that announcement and to vote for the forthcoming budget.
I am sure that members share my concern about the impact of the United Kingdom Government’s increase to employer national insurance contributions on culture organisations in Scotland, including those in rural communities. It will no doubt put huge pressure on their resources. Can the cabinet secretary provide any update on the assessment that the Scottish Government has made of the impact on the sector of the national insurance hike?
We estimate that the increase to employer national insurance contributions could add around £500 million in costs for the public sector as a whole unless it is fully reimbursed. The Scottish Council for Voluntary Organisations estimates that the national insurance hike will cost the third sector £75 million, which will affect many of our most valued cultural organisations, such as local theatres, museums and galleries.
The UK Treasury must fully fund the actual costs for Scotland’s culture sector. However, it has indicated that the sector will instead receive a much lower-value Barnett share of the spending in England. On 3 January, the First Minister and the Convention of Scottish Local Authorities president, supported by 48 public and voluntary sector organisations, wrote to the chancellor to raise concerns about the impact of the increase to employer national insurance contributions and to seek clarity on funding.
Cultural organisations in rural areas, like those in urban areas, are awaiting Creative Scotland’s multiyear funding decisions. Given what the cabinet secretary has said about increased funding for the culture sector, is he confident that all the cultural organisations that are currently in receipt of Scottish Government funding will not lose that funding by the time that he gives his statement to the Parliament tomorrow, and that those organisations will not be left, in effect, on standstill funding?
I thank Neil Bibby for inviting me to pre-announce both Creative Scotland’s announcement, which is to be made at 10:30 tomorrow morning, and my statement, which will also take place tomorrow. He will understand that it is not appropriate for me to give any indications about those statements. I look forward to answering his questions in more detail, and I hope that he will be as enthused as I am about what will be, I believe, a foundational change to the funding of cultural and arts organisations across Scotland.
Cultural Venues and Theatres (Lothian)
To ask the Scottish Government what support it is providing to cultural venues and theatres across the Lothian region. (S6O-04252)
The Scottish Government wants to ensure that everyone in Scotland has access to culture.
Through its regularly funded organisations network, Creative Scotland provides, with Scottish Government funding, nearly £14 million per year to organisations across the Lothian region, which includes £4.1 million that is specifically for cultural venues and theatres. The Scottish Government has also provided £10.3 million towards the redevelopment of the King’s theatre in Edinburgh, and it will provide the national collections with just over £78 million in the 2025-26 draft budget.
I urge Sue Webber to look out for Creative Scotland’s announcement tomorrow on multiyear funding for cultural organisations and venues, and I hope that she votes for the budget provisions.
The Brunton Theatre Trust recently announced its new programme of events, but the closure and proposed demolition of the actual theatre building, which is due to the presence of reinforced autoclaved aerated concrete, means that patrons inside and outside Musselburgh will not have the same experience. Given that the Scottish Government awarded significant money to help to redevelop the King’s theatre, as the cabinet secretary said, how will he work to ensure that smaller theatres, such as the Brunton theatre in Musselburgh, can be similarly redeveloped?
I commend Sue Webber for raising the theatre, as other colleagues have done, including my colleague who is the constituency MSP. I agree that we should be supporting cultural venues right across Scotland.
Where there are particular issues and distresses associated with finances or, as in this case, RAAC at local organisations, venues and cultural outfits, my officials and I are very keen to speak with them. We have worked very hard in recent years to ensure that the cultural infrastructure of Scotland is protected. If the member passes on my invitation to the theatre, I will be content to meet its representatives and discuss any plans or requests for support that they may have.
Following on from Sue Webber’s question, I raise the particular issue that the Brunton theatre is on the risk register, so it is a real priority. My colleague Foysol Choudhury and I met Michael Stitt, the theatre board’s chair. There is also a fantastic petition that I want to make the cabinet secretary aware of. The Brunton theatre really needs funding, so I make a plea to the cabinet secretary to ensure that it is on his list. East Lothian Council and the Brunton Theatre Trust need our support now.
When we have portfolio questions, I reflect on the passion of colleagues across the chamber for the support of important cultural venues, which I share with Sarah Boyack and other colleagues.
I have already been questioned about the situation affecting the Brunton theatre, and I have expressed my willingness to look closely at any plans and to look sympathetically at any way that we can ensure that cultural provision in East Lothian Council and all other parts of the country is appropriately supported.
As a first step, I encourage Sarah Boyack to look closely at the announcement that Creative Scotland will make tomorrow about multiyear funding support for cultural venues and organisations. We are turning a tanker in the provision of support for the culture sector in Scotland and are heading in the right direction. As we do that, we need to ensure that there is support for organisations and venues across the country, whether they are supported through multiyear funding or not.
Mr Coffey has a brief supplementary. I remind the member that the principal question relates to support for venues and theatres across the Lothian region.
It is very welcome that the Scottish budget will deliver much-needed rates relief for grass-roots music venues across Scotland. Could the cabinet secretary say any more about how the targeted relief will support the sector?
Again, the principal question that we should be mindful of is about support across the Lothian region.
Music venues in the Lothians, as in Kilmarnock, have been hit hard in recent years by the coronavirus pandemic and the cost crisis. It is estimated that music venues in Scotland are, on average, making only half a per cent profit on their turnover. The targeted relief that has been announced by the Scottish Government will reduce overheads for eligible venues and support the wider cultural ecosystem and night-time economy within the limited finances that are available. That is what will happen in Edinburgh, in Kilmarnock and right across the country.
Galleries
To ask the Scottish Government how it is working to support galleries. (S6O-04253)
I commend Brian Whittle for his timely question. The Scottish Government is working hard to support galleries, both nationally and locally, which is why we are continuing to provide support to the sector with £2.7 million in funding in 2024-25, increasing to more than £4.2 million in the 2025-26, awarded to Museums Galleries Scotland, which is Scotland’s national museums and galleries development body. The Scottish Government is also set to provide £27.4 million in 2025-26 to the National Galleries of Scotland, which is a 9 per cent increase on its 2024-25 budget allocation.
A few weeks ago, the National Galleries of Scotland reported that it needed substantially more funding. Now, Aberdeen Performing Arts and Dundee Contemporary Arts have both posted losses. What is the cabinet secretary doing to ensure that more galleries and cultural institutions do not face further hardship?
As I have already outlined, the Scottish Government is doing a lot to deliver support for galleries and the wider culture sector, and I hope that Brian Whittle will vote for that in the budget. I acknowledge there are still challenges that the sector is not yet able to fully manage and also opportunities that it cannot yet make the most of. The Scottish Government is about to be halfway to fulfilling our commitment to increase the annual culture spend by an additional £100 million. I hope that Brian Whittle welcomes that, as it will make a significant difference. I give a commitment that galleries are an important part of the financial and wider considerations as we review culture provision for the years ahead.
It is welcome that, in the Scottish budget, the National Galleries of Scotland will receive a 9 per cent increase to its overall budget, including a capital allocation above what it requested in the last capital spending review. Does the cabinet secretary agree that the United Kingdom Government needs to give urgent clarity on the future capital budgets of the devolved administrations so that the culture sector and the wider public sector can have more certainty for the future?
I commend Rona Mackay for her question, because she is absolutely right. Understandably, we spend a lot of time talking about revenue budgets and how they impact the culture sector, and perhaps pay too little attention to the capital side of things.
I agree that it would be helpful if the UK Government could provide more certainty around multiyear budgets. I recognise the importance of providing multiyear capital budgets for the wider public sector, including for our national collections, as well as for the third sector, business and other organisations.
In evidence to the Constitution, Europe, External Affairs and Culture Committee, the director general of the National Galleries of Scotland stated that it was not able to afford the upkeep of its estate, putting the public and collections at risk. How will the cabinet secretary ensure that it is supported in the upkeep of our cultural infrastructure? It is a massive issue for us in Edinburgh.
I very much understand Foysol Choudhury’s question. He is a Lothian MSP and I represent Edinburgh Central, so we know how important the cultural infrastructure in the nation’s capital is.
It is right for us to turn our attention more towards capital financing of the cultural sector. I hope that the member agrees that that would be a very good reason for the UK Government to give greater clarity around multiyear capital funding. If we had greater clarity about that and the appropriate quantum, we would be able to do much more than is currently the case. We have delivered significantly when it comes to revenue funding for the galleries, but we have also made capital provision. I would love to be able to make more. We will continue to work with the galleries to make sure that we can do as much of that as possible in the years ahead.
National Galleries of Scotland
I am conscious that the cabinet secretary has covered a lot of this ground already.
To ask the Scottish Government what discussions it has had with the National Galleries, in light of reports that some of its flagship attractions may have to close. (S6O-04254)
I commend Alex Cole-Hamilton for his question, notwithstanding the fact that other colleagues have asked about that subject, too.
The Scottish Government is in regular dialogue with the National Galleries of Scotland as it is one of Scotland’s non-departmental public bodies. My officials are currently working with National Galleries of Scotland to understand the challenges that it is facing, despite it being set to receive £27.4 million in 2025-26, which is a 9 per cent increase since its 2024-25 allocation.
I welcome the decision by the Scottish Liberal Democrats and the Scottish Green Party to support the budget. With its record increase in spending outside Covid, it is a solid foundation for further support for national and local cultural institutions, including our galleries.
I am grateful for that reply. One of the reasons why this topic has attracted so much attention in the chamber this afternoon is that National Galleries of Scotland plays host to some 130,000 individual works of art—which are priceless and irreplaceable—and, in large part, is custodian to our national heritage. In the past, it has been forced to shut from time to time, depending on the weather or due to spiralling energy costs. Now, it says that its doors could be forced to close permanently without investment in maintenance work to make it more energy efficient and in energy efficiency itself. What is the cabinet secretary doing to work with other departments to ensure that institutions such as National Galleries of Scotland have what they need in terms of energy efficiency to weather the storms to come?
That is a very interesting question from Alex Cole-Hamilton about energy efficiency. It is not just about what we can learn here, in this country. While I was in Germany last summer, supporting Scotland in other circumstances, when the national team was on the sporting field, I met the galleries in Stuttgart, which are world leading when it comes to energy efficiency.
I agree with Alex Cole-Hamilton that we should be looking at what we can learn—whether from here or anywhere else—about how we can reduce the costs and overheads of our national galleries and other cultural institutions so that they can maintain a healthier financial balance sheet. My officials and I would be happy to discuss that with the National Galleries of Scotland.
Funding supports Creative Scotland to enable it to progress multiyear deals with performing arts organisations. However, there is still no equivalent for the museums and galleries sector. Therefore, museums and galleries continue to operate on a year-to-year basis. That adds to the uncertainty across the sector and in the local economies in which they operate. What are the Scottish Government’s intentions to rectify that situation?
No doubt, that will form part of Alexander Stewart’s submission to the review that is being undertaken of Creative Scotland and considerations for the wider creative sector. He identifies an important question. As we fund, and launch multi-annual funding for, so much of the creative arts sector, that raises knock-on questions about the way in which the rest of our cultural ecosystem is supported. That is one reason why the review is being undertaken.
We have all been asked to contribute to the review. Dame Sue Bruce has asked for submissions to be made, and I encourage Alexander Stewart to contribute. In looking at this issue closely, the member is definitely asking the right question, and I would be interested to read his submission. I commend taking part in the review to MSPs of all parties who have views on the culture and arts sector, so that we can chart the next stage in supporting and promoting Scotland’s culture and arts.
Heritage Assets (Community Ownership)
To ask the Scottish Government what discussions the culture secretary has had with ministerial colleagues regarding how it delivers support for community ownership of heritage assets. (S6O-04255)
The Scottish Government delivers support for the historic environment through our sponsorship of Historic Environment Scotland, which is the lead public body responsible for the historic environment. HES works alongside key intermediary organisations such as the Development Trusts Association Scotland, regional economic development agencies and local authorities to support community ownership or development of heritage assets. HES also works directly with community groups to advise on opportunities and risks in asset transfer; skills and material provision in conservation projects; business development; and heritage planning. HES also publishes on its website online resources for communities to provide help and advice.
The South Ronaldsay and Burray Development Trust is taking forward plans to purchase the world-famous tomb of the eagles site in South Ronaldsay, in my Orkney constituency. The trust is working closely and constructively with the owners, Orkney Islands Council and a range of national funding bodies, including HES. There is strong support in the community and across Orkney, and the trust aims to see the site reopened to the public in the near future. Given that we know that community ownership of local heritage assets can catalyse local access and unlock enormous benefits locally and nationally, will the cabinet secretary welcome that initiative and offer what support he can to the development trust so that the iconic tomb of the eagles site can be opened to both locals and visitors in the very near future?
I very much welcome the work that has been undertaken. I would be delighted to hear from the development trust about whether there is anything that the Scottish Government or our agencies can do to help to speed up and deliver the project that Liam McArthur has outlined. I would welcome getting as much insight as possible into the project. Through his good offices, I ask Mr McArthur to pass on my best wishes to everybody who is involved in it. It would be useful for MSPs right across the chamber to learn from good examples in other parts of the country.
Library Services (Mid Scotland and Fife)
To ask the Scottish Government what discussions the culture secretary has had with ministerial colleagues regarding the potential impact on the provision of library services in Mid Scotland and Fife of the proposed local government settlement for 2025-26. (S6O-04256)
My colleagues and I are aware of and concerned by proposed library closures in Mid Scotland and Fife. If the Parliament supports the Scottish Government budget, local authorities will receive record funding of £15 billion in 2025-26, which is a real-terms increase of 4.7 per cent, increasing funding for local priorities. Although it is for locally elected councillors to manage their day-to-day business and decision-making processes, any decision on public libraries must be considered extremely carefully, and local authorities should continue to work in partnership with communities to ensure that services are based on local needs.
I welcome the real-terms increase in council funding that is coming through the budget. I hope that that will give the flexibility that Perth and Kinross Council needs to take the closures off the table when it meets next Wednesday. However, it is clear that some councils are continually making the case for rural library closures on the basis that the statutory provision can be met from mobile libraries. Does the cabinet secretary agree that that view fundamentally misunderstands the importance of rural libraries as free and accessible cultural and community spaces? Does he agree that it is time to look again at what should constitute a statutory library service, in particular in the rural context?
I confirm that I met with the Convention of Scottish Local Authorities only yesterday to discuss national and local Government co-operation on culture in general and libraries in particular. The Scottish Government values library provision but greatly respects the decision-making responsibilities of local government. Nonetheless, we hope that providing additional resources for local government and for culture in the budget will provide an opportunity to protect and enhance library provision.
I remain open-minded about issues around statutory obligation, and if Mark Ruskell wishes to make that case to me, I will look closely at it.
Mark Ruskell is entirely right to raise the issue of libraries under threat in Mid Scotland and Fife, although I gently say to him that he might reconsider his support for the Scottish Government budget, given that that is at the root of those challenges.
Is the cabinet secretary satisfied that the budget settlement to which he referred will mean that no libraries will have to close in Mid Scotland and Fife? Will he have a quiet word with his Scottish National Party colleagues who run Perth and Kinross Council to ensure that that does not happen?
I would strongly encourage local authorities across Scotland, given the new funding landscape, to look sympathetically at library provision. The last time that we discussed the matter was in relation to the review that was conducted by Perth and Kinross Council on the importance of libraries. At that stage, I asked whether Murdo Fraser wanted to forward to me the submission that I assumed that he must have provided to that review. I am still waiting for that submission, so if he is able to forward it on to me, I would be very keen to read what he provides.
I can squeeze in question 8 if I have succinct questions, and answers to match. I call Jamie Halcro Johnston, who joins us remotely.
Constitution, External Affairs and Culture Budget 2024-25 (Spending Outside United Kingdom)
To ask the Scottish Government what percentage of the constitution, external affairs and culture budget for 2024-25 was spent outside of the United Kingdom. (S6O-04257)
In 2024-25, the total allocated budget for the constitution, external affairs and culture portfolio was £332.6 million. We expect to spend £16.8 million of that on programmes and activity outside the United Kingdom, which represents 5 per cent of the total budget for the portfolio. The actual spend for 2024-25 will be available only after the end of the financial year and will be published in the final accounts after March 2025.
In 2023, the Scottish Government gave a total of £750,000 to the United Nations Relief and Works Agency for Palestine Refugees in the Near East—UNRWA—to support its operations in Gaza. Concerns were then raised about the links between some UNRWA staff and the 7 October attacks, with a number of countries pausing aid to the agency.
At the time, the then First Minister, Humza Yousaf, confirmed that, despite the allegations, the Scottish Government was not pausing or withdrawing aid to UNRWA. Can the cabinet secretary advise what scrutiny and assessment the Scottish Government has undertaken of how those funds were spent, and say whether he is confident that all funding was used exclusively for relief work?
Given the current ceasefire between Israel and Hamas, can he advise whether there have been any discussions within the Scottish Government over providing further funding for use in Gaza?
I take the opportunity—it is the first opportunity that I have had—to welcome the ceasefire and to recognise both the loss of life in Israel from the horrific terrorist act, which also claimed the life of a Scot, and the tens of thousands, most of whom were civilians, who have died in Gaza.
We keep the relationship with UNRWA under review, as the United Kingdom Government has done. Any notion of providing funds was paused at the same time that the UK Government did so. The member is absolutely right that there will perhaps be circumstances in the future in which funding needs to be considered. I am happy to write to him to provide information about safeguards in supporting UNRWA and other United Nations agencies. However, we remain a supporter of the United Nations involvement in Gaza and the west bank through UNRWA.
That concludes portfolio questions on constitution, external affairs and culture and on parliamentary business.
Justice and Home Affairs
Emma Caldwell (Public Inquiry)
To ask the Scottish Government whether it will provide an update on the public inquiry into the investigation of Emma Caldwell’s murder. (S6O-04258)
The First Minister and I met with the Caldwell family on 21 January 2025 to listen to their views on the next steps, including the appointment of a chair and ways to progress the criminal investigation of the initial police inquiry. The Scottish Government will ensure that the inquiry is set up and properly resourced to carry out its work. Once a chair has been appointed, we will work alongside the chair, and Emma’s family, in setting and agreeing the terms of reference for the inquiry.
Decisions on further criminal investigations are a matter for the Lord Advocate, acting independently of ministers. We continue to liaise with the Crown Office to understand the implications of the investigation for the setting up of the inquiry.
I do not think that anyone can help but be disturbed at the failings of the justice system in this case. Emma Caldwell’s family have been asking for a public inquiry to be chaired by a judge from outwith Scotland in order to give them confidence that the process will be truly independent. Has the cabinet secretary agreed to that? Can she provide any indication of when the inquiry is likely to start?
I reassure Ms Baillie and other members that my position on those matters has not changed. As I informed members when I announced that there will be a public inquiry, and as I restated when I met the Caldwell family last week, what is most important is that the person who leads the inquiry has the confidence of the family, understands their trauma and has the necessary expertise to lead an inquiry of that nature. We had a very constructive conversation with the family, and it was very important for them to meet the current First Minister.
Criminal Proceedings (Mandatory Timescales for Charging and Prosecution)
To ask the Scottish Government what discussions it has had with the Crown Office and Procurator Fiscal Service regarding the setting of mandatory timescales for decisions relating to the charging and prosecution of criminal proceedings. (S6O-04259)
Decisions relating to the charging and prosecution of criminal proceedings are independent operational decisions that are made by Police Scotland and the Crown Office and Procurator Fiscal Service within the legal framework. The Scottish Government has not had any discussions regarding the setting of mandatory timescales for those matters.
Lord Carloway has become the latest senior figure to comment publicly on the length of time that one specific case is taking—namely, operation branchform, which relates to the Scottish National Party’s finances. This week, he said that “instant justice” would never be possible, but, in relation to the branchform probe, he added:
“I don’t know where the hold-up is, whether it’s with the police or the Crown Office or whatever.”
The cabinet secretary will not comment on what the hold-up in a live police case might be, and I will not ask her to do so. However, does she share the concern of a growing number of people that, when it takes years to investigate high-profile cases, there is the increased risk of an internal or external factor undermining the investigation or jeopardising a successful prosecution? That includes the impact on the right to a fair trial in reasonable time under article 6 of the European convention on human rights. Would not the setting of mandatory targets for the time that it takes to bring charges or mount prosecutions address fears that justice delayed can become justice denied?
I listened very carefully to Mr Hoy’s supplementary question. Despite his preface and some of his words, I fear that his question is just another attempt to lure me into commenting on live matters. He knows fine well that no minister can comment on live matters.
On discussions regarding mandatory timescales in relation to charging and prosecution, I reiterate what I have said already: I have had no such discussions, and I have not given any current thought to the matter.
Prevention of Death by Suicide (Prisons)
To ask the Scottish Government what it is doing to prevent death by suicide in prison. (S6O-04260)
First, I express my deepest condolences to anyone who has lost a loved one to suicide while they have been in prison. Suicide is preventable and should not happen while people are in the care of the state.
The Scottish Government has accepted Sheriff Collins’s recent fatal accident inquiry findings, which form a comprehensive set of actions to deliver the systemic change that is needed. We and the Scottish Prison Service are committed to delivering the changes that were set out to the Parliament last week. We are prioritising establishing national oversight, overhauling the talk to me strategy, accelerating ligature prevention and improving information sharing between partners.
The prison suicide rate in Scotland is more than twice as high as it is in England and Wales and three and a half times the European median.
Last week, in the wake of the tragic and avoidable deaths of Katie Allan and William Lindsay, the cabinet secretary told us that
“the development of suicide prevention technology will be accelerated and, if viable, piloted and reviewed.”—[Official Report, 22 January 2025; c 53.]
We now know that, back in 2019, plans to make cells suicide proof were abandoned by the then Cabinet Secretary for Justice on the grounds of cost.
When the cabinet secretary speaks of “viability”, will she consider viability as measured by the value of human lives rather than the price of prevention technology? Will she think of Katie Allan and William Lindsay? Will it be different this time?
In short, yes, it will be different. I fully accept the determinations made by Sheriff Simon Collins, as I hope that I made clear to Parliament last week when I laid out the immediate and short-term actions that I will pursue. I also gave a commitment to come back to the Parliament in March to give a fuller delivery plan and timescale.
I reassure Mr Leonard that, despite everything that has gone on in the past week in the world of justice, home affairs and resilience with storm Éowyn, I have been following up and pursuing matters with the Prison Service and my officials to ensure that we come good on the commitments that I made to the chamber and to the families of Katie Allan and William Lindsay.
Scottish Prison Service (Prison Estate Improvements)
To ask the Scottish Government what proportion of the uplift in the Scottish Prison Service budget for 2025-26 will be spent on improving the prison estate. (S6O-04261)
The Scottish Government recognises the importance of a modern and fit-for-purpose prison estate that supports the rehabilitation and reintegration of those who are in custody back into our communities. That is why, if passed by the Parliament, the 2025-26 budget will continue to support the Scottish Prison Service’s major infrastructure improvements, namely the construction of HMP Highland and HMP Glasgow.
The SPS advises that 97.7 per cent of its anticipated capital budget for 2025-26 will be utilised on major projects, with the remainder being allocated to a developing programme of works.
Last summer, we saw the emergency release of hundreds of people in custody, as almost half of Scotland’s prisons declared red status because they were struggling to cope with overcrowding and a crumbling prison estate. Starting next month, more prisoners will be released early, which the Association of Scottish Police Superintendents has said would see the public “being put at risk.”
Given that context, when will the Government take responsibility and start coming up with solutions to overcrowding that do not—according to the Association of Scottish Police Superintendents—compromise public safety?
I hope that I have demonstrated with absolute clarity the responsibility and seriousness with which I take overcrowding in our prisons. It is not only a critical risk to the safe operation of our prisons; if we do not reform our prison system, overcrowding will have huge implications and risks for the rest of our justice system and for communities.
On the emergency release measures, whether that is the change in the release arrangements—the point of release for short-term prisoners—or the emergency release measures that we took last summer, it is important to remember that the vast majority of the released prisoners were going to return to our communities at some point in the not-too-distant future, usually in a matter of weeks or months.
I have brought a range of proposals and changes to the chamber. I was the cabinet secretary who sponsored the Bail and Release from Custody (Scotland) Act 2023 and the Children (Care and Justice) (Scotland) Act 2024, which was led by Natalie Don. There is also the work that we are doing on home detention curfew and to expand robust community justice. I wish that people would come up with solutions as well as constantly opposing the solutions that we take forward.
Will the cabinet secretary further outline how capital funding allocated to the Scottish Prison Service in the draft budget will help to create better environments for people to live in and work in, and to aid rehabilitation, thereby reducing the risk of reoffending and supporting safer communities?
As I said in my original answer, the funding allocated to the Scottish Prison Service will be used to progress the construction of HMP Highland and HMP Glasgow. Both those projects will deliver purpose-built modern accommodation and provide a full range of opportunities to all the people who live in those prisons, and an overall net increase in design capacity of 464 places, which will, of course, reduce overcrowding substantially.
The new prisons, working collaboratively with our partners, are expected to strengthen skills and employability, improve mental health among the population in their care, create a safer working environment and improve professional development and support opportunities for staff.
The failure to improve the estate means that the Scottish Government has failed for years to provide the amount of space that is required. With the average daily prison population up 6 per cent last year, Scotland desperately needs to increase capacity to ensure that dangerous criminals are kept off the street. Rather than releasing dangerous criminals after only 40 per cent of their sentence, does the Scottish Government have a proper long-term strategy to increase the capacity of the prison estate?
In short, yes, we do. I look forward to engaging with Mr Kerr and others on issues such as the further innovation that is required in community justice services to prevent people from going into prison in the first place, when that is safe to do, and on the innovation around electronic monitoring vis-à-vis home detention curfew. There is also work on the implementation of the Bail and Release from Custody (Scotland) Bill, so we are not short of actions on that side.
It is a shame that every time we come forward with another piece of the jigsaw to reform the system, members of the Opposition resist it strongly.
Will the cabinet secretary provide an update on the Scottish Government’s plans for the replacement of HMP Greenock?
The Scottish Government has invested to improve the fabric of the building at Greenock, specifically to tackle areas of water ingress, and the health centre. We are absolutely committed to having buildings that meet the needs of people in the care of the prison service, but Stuart McMillan will be aware that HMP Highland and HMP Glasgow remain the key priorities for major infrastructure improvements in the prison estate. I am grateful to the member for constantly being a champion for his local prison.
Policing (Remote and Rural Communities)
To ask the Scottish Government what support it gives to Police Scotland to increase visibility in remote and rural communities and deliver the community policing model, as outlined in the Chief Constable’s 2030 vision for safer communities, less crime, supported victims, and a thriving workforce. (S6O-04262)
The Scottish Government welcomes the publication of Police Scotland’s 2030 vision and its accompanying three-year business plan, including the emphasis that is rightly placed on tackling rural crime and designing victim-centred models of care for local public protection for remote and rural areas.
In 2025-26, the Scottish Government will increase police funding to £1.62 billion. That includes almost £57 million in additional resource funding, which will support front-line service delivery and allow Police Scotland to make progress in the key areas of transformation that are outlined in the three-year plan, including the delivery of enhanced community policing across the country.
Constituents of mine in the Highlands and Islands, including members of Breasclete community council in the Western Isles, have raised concerns that they no longer see police officers but do see an increase in antisocial behaviour. Visible police patrols can provide communities with a sense or feeling of security, and there is some evidence to say that such patrols can help to reduce crime. I know that the police service is under various pressures, but what more could the cabinet secretary do to reassure my constituents and improve visible community policing?
Although recruitment and deployment of resources are operational matters for the chief constable, I note that, on 16 January, 124 new recruits were sworn in to Police Scotland, bringing the number of officers to 16,614. The three-year plan outlines a new community policing focus that aims to increase the capacity and capability of our local policing teams with prevention and local problem-solving approaches, as well as a clear ambition to increase confidence levels in our communities and among partners.
Given the specialist roles that many police officers now undertake, does the cabinet secretary agree that the most effective way of improving the visibility of the police in our communities and the service that our constituents receive is to increase police numbers?
As I said in my earlier answer, I am pleased to report to the Parliament that there is stability in the number of police officers, which is currently around 16,600. It is by design of the Parliament that operational matters are for the chief constable, as opposed to being for me, but I know that her comments about visibility in the community are reflected in Police Scotland’s plans.
Too often, the police have to step in where other public services are not able to provide support: either they are failing or they do not have the capacity. That is particularly the case with mental health services, and police officers can be tied up for hours supporting an individual who is going through a crisis. What particular support is the justice secretary making available through Police Scotland to ensure that services are there for people when they need them and that the police can be free to do their job?
I very much agree with the point that staff such as police in public protection roles often have to deal with issues that could have been resolved further upstream.
A wealth of work has been undertaken, particularly the partnership work led by the partnership delivery group. I gave extensive evidence to the Criminal Justice Committee at the start of this year, along with our psychiatric clinical lead colleague from Mr Gray’s health portfolio. I am happy to write to Mr Rennie with further detail, as a wealth of activity is taking place, which changes the support that is received by individuals while recognising that the job of a police officer is to be a police officer. Of course officers have duties of care, but it is not acceptable for police officers to be spending extensive time at accident and emergency departments.
HMP Barlinnie (Replacement)
To ask the Scottish Government whether it will provide an update on the replacement of HMP Barlinnie, including in relation to the delivery date and cost. (S6O-04263)
HMP Glasgow will bring significant benefits to those living and working there, as well as to the surrounding community. The new facility will strengthen skills and employability, improve mental health and create a safer working environment for staff.
The Scottish budget includes a capital allocation of £261 million in 2025-26 for HMP Glasgow. I am pleased that very good progress has been made in the pricing and commercial process, and I expect to be able to update the Parliament on costs and timescales in the very near future.
Given the state of our prisons, the Scottish National Party Government is letting hundreds of prisoners go free early. HMP Glasgow is exactly the type of delivery failure that we have come to expect from the SNP Government. Aside from being over budget by about £230 million and delayed by at least two years, the new HMP Glasgow will not solve the problem of overcrowding. Barlinnie has an average population of around 1,400 inmates, yet the new replacement prison is projected to have a capacity of only 1,200. There is clearly no long-term planning, despite the cabinet secretary’s previous answers.
Why was the new prison not designed to cover the current population? What will happen when, inevitably, the new prison becomes overcrowded?
Part of the long-term plan is to replace ageing prisons. HMP Barlinnie is 140 years old. I have always been clear that the rebuilding of prisons is not, in itself, a silver bullet. There are other actions that we have to take, including around robust community justice, to reduce the prison population. The replacement of HMP Inverness with HMP Highland and HMP Glasgow replacing Barlinnie will, of course, increase capacity.
Mr Gulhane has a bit of a cheek, bearing in mind that it was the previous Tory Government that starved this country of capital investment for years, and we are still facing the economic consequences of Brexit five years on, particularly in the construction industry.
Will the cabinet secretary clarify the capacity of the new HMP Glasgow? The Criminal Justice Committee was told that it is 1,344.
His Majesty’s Inspectorate of Prisons for Scotland’s most recent annual report stated that, although the rising prison population remains a concern across the Scottish Prison Service estate, it has a particular impact on HMP Barlinnie, which has a capacity of 1,400. Is it planned that the new HMP Glasgow will have surge capacity built into its design? What will that look like?
I confirm that the design of the new HMP Glasgow is for a capacity of 1,344. It will have a range of facilities, such as a purpose-built additional care unit and segregation units.
Where surge capacity is needed in an estate can vary at any point. I will get back to Pauline McNeill on the detail of that.
Draft Budget 2025-26 (Access to Justice)
To ask the Scottish Government whether it will provide an update on how its draft budget 2025-26 will help enable individuals and communities to access justice. (S6O-04264)
The 2025-26 draft Scottish budget outlines that we will invest almost £4.2 billion across the justice system, which is a 9.5 per cent increase on this year’s budget. We are committed to ensuring fairer access to justice, whereby individuals can be supported in criminal, civil and administrative law settings.
Additional funding can be provided only if Opposition parties support the Scottish budget. It is welcome news that the Green Party and the Liberal Democrats got around the table for budget negotiations so that we can deliver for the people of Scotland. I urge the Scottish Labour Party and the Conservatives to work together with us to pass the budget and allow us to uphold the rule of law, safeguard rights and protect individuals and communities from harm, which is fundamental to the functioning state and to the people of Scotland.
The Human Rights Consortium Scotland says:
“Scotland faces a critical shortage of civil legal aid solicitors, which leaves countless individuals, particularly those in poverty, unable to get the legal representation they need to address injustices and uphold their rights.”
Parents in urban and rural areas in the north-east are struggling to access advice following family breakdown, often as a result of domestic violence. A lack of legal aid provision leaves them and their children without support. Poverty, poor health and the loss of sustained and positive contact between children and parents are the results.
Will the minister outline any planned actions to increase the availability of legal aid provision in the north-east for parents who are separating, many of whom face issues with the safety and wellbeing of their children as well as themselves?
The Scottish Government recognises that reform is needed in the legal aid system for legal aid to be responsive and user-centric and to work effectively in the delivery of agreed actions in the way that is expected of public services.
In the short term, we have identified priority changes that we believe will impact positively on users and providers. Officials are currently developing a legal aid action plan for reform, and we will engage with that soon. I am aware that the Scottish Legal Aid Board is currently undertaking a geographical analysis of legal aid throughout Scotland.
I am happy to meet Maggie Chapman to discuss any constituent experiences that she wants to discuss or if she would like to provide input to the reform.
I remind members that my wife is a sergeant in Police Scotland.
One area in which communities can access justice is through the incredible work of our highly trained and skilled police dogs, of which there are 150 in Scotland. The minister will be aware of the shocking story at the weekend of police dog Zara, who was put down rather than the force paying veterinary bills of £12,000. Will the minister explain why police dogs are not routinely insured in Scotland? Does she agree with Dave Wardell, the dog handler of police dog Finn and an author and campaigner, who said:
“These dogs are amazing. They’ve given up their lives for service. The difference they make to policing is incredible ... This needs looking into. Poor PD Zara could and should still be alive.”
Has the minister raised that shocking situation with Police Scotland?
I appreciate all the work of police dogs and the importance of their welfare. I will write to Douglas Ross on specific details of the insurance of police dogs.
Air adhart
Health and Social Care Workforce