Plenary, 02 Oct 2008

Meeting date: Thursday, October 2, 2008

Official Report 774KB pdf

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Question Time

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SCOTTISH EXECUTIVE

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Justice and Law Officers

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Fiscal Fines (HM Treasury Retention)

To ask the Scottish Government what percentage of moneys collected through fiscal fines is retained by Her Majesty's Treasury and how much this has amounted to since 2004 in real terms. (S3O-4453)

Prior to 10 March 2008, local authorities collected and retained 100 per cent of all fiscal fines. From 10 March 2008, responsibility for their collection transferred to the Scottish Court Service, with the agreement of the Convention of Scottish Local Authorities. Discussions are currently under way between the Scottish Government and HM Treasury to agree the arrangements for retention from 2008-09 onwards. The SCS collected £400,000 from 1 April 2008 to 31 July 2008.

I am pleased that the figure was 100 per cent, because it had not always been so high. Is the Government considering some way of using the moneys collected through fiscal fines in order to benefit the communities that are suffering from the crimes that incur such fines?

That is an excellent question. The matter has been raised by the Lord Advocate and we are considering it. Part of our drive for instant justice is that people should realise that, as well as rights, they have responsibilities. If they breach those responsibilities, they will be brought to book and held to account. We also want to ensure that the communities that suffer the most should benefit from those moneys. Those matters are being investigated and I assure Ms White that we are sympathetic to the idea.

So that we can be satisfied that communities will benefit to the maximum possible extent, can the cabinet secretary give us information on the quantum of the fiscal fines imposed and the actual amount collected?

I do not have that information but I am more than happy to discuss the matter with the Lord Advocate to ensure that we can give a full explanation.

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Police Negotiating Board Replacement (Discussions)

To ask the Scottish Government what discussions have been held between Scottish and United Kingdom Government ministers regarding the consultation by the Home Office on plans to replace the Police Negotiating Board with a new pay review body. (S3O-4379)

No discussions have taken place at ministerial level yet. The proposals will have major implications for the manner in which police officer pay is determined. I want to take into account the views of our partners and stakeholders before coming to any decisions on what might be best for Scottish police officers and the service as a whole.

The Police Negotiating Board's Scottish forum met last week to discuss the proposals in detail. I will reflect on the views expressed at that meeting, and any others expressed by our partners and stakeholders, before I formally submit the Scottish Government's response to the consultation.

I would also welcome the views of members who might feel strongly on this issue.

Given last year's unilateral decision by the Home Secretary to overturn an independently arbitrated police pay award, it is no surprise that serving officers across Scotland and the rest of the UK have no faith in her proposals to review the police negotiating machinery. Scottish police officers must be assured of a fair and transparent system for negotiating their pay, especially in recognition of the special circumstances whereby police officers are unable to take industrial action in pursuit of pay claims.

Will the cabinet secretary support the calls from the Scottish Police Federation that an arbitrated pay settlement should be binding—unless in the exceptional circumstances of a vote to the contrary in Parliament?

Not only does the member have such an assurance, but he can go on the record of this Government. When the situation arose last year, we did not hesitate to ensure that our police officers—who have served our communities well, often in difficult and dangerous circumstances—received the judgment that had been decided on. We felt that to be an appropriate view then, and I see nothing to change it now.

I assure the member that we meet the Scottish Police Federation regularly to take on board its concerns. The Government believes that, if someone enters into arbitration, they should accept the result—other than, as the member suggests, in the most exceptional circumstances. That is why we honoured the position for our police officers last year.

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Vandalism and Graffiti (Punishments)

To ask the Scottish Government what plans it has for the perpetrators of vandalism and graffiti to undertake community-based punishments. (S3O-4443)

We are committed to perpetrators paying back to communities for damage that they have caused. We have given courts a range of community sentencing options for unpaid work. We are also piloting fiscal work orders in four areas. As an alternative to prosecution, people reported for low-level offending such as vandalism and graffiti will undertake between 10 and 50 hours payback.

Is the minister aware of the situation in Knightswood in Glasgow, where the Waterways Trust, working alongside local schoolchildren, recently enhanced the canal side with bright ceramic tiles and mosaics only to see them vandalised? Would he care to visit Knightswood with me to raise awareness of the problem and to publicise his plans to tackle it?

I was not aware of the particular problem that the member highlights, but I would be happy to meet if that would assist him. We recognise that graffiti is a serious problem. Various statutory remedies for dealing with it have been provided, including the provisions in part 10 of the Antisocial Behaviour etc (Scotland) Act 2004, which introduced a ban on the sale of spray paint to under-16s as a useful step in preventing graffiti and vandalism. If someone is found guilty of selling spray paint to under-16s, they are liable to a fine not exceeding level 3 in the standard scale, which is currently £1,000.

Is the minister satisfied that sentencers have available to them not so much sentencing options as projects and facilities through which community-based sentencing options can be carried out? Bearing in mind the pressures of prison overcrowding, is his priority to provide such sentences for minor offenders such as those to whom Bill Kidd referred, or is it to establish more workable and tough alternatives to custody in the light of the prison overcrowding challenge?

The real tough option can be work in the community. Work of a demanding nature is perhaps more of a punishment and tougher than being given bed and board and sitting in a prison cell watching "Neighbours" on television. I agree entirely with the broader approach that Robert Brown suggests.

Some 6,000 community service orders and more than 2,500 probation orders with a condition of unpaid work attached to them were imposed by Scotland's courts in 2006-07. That means that courts ordered more than a million hours of work to be carried out. That is a high number, but we believe that much more can be done and that many more offenders whose crimes involve vandalism and graffiti should be dealt with in the community, giving payback rather than sitting on their haunches in a prison cell.

Although I welcome the focus on tackling such offences, how effective can that approach be when the community safety budget is being cut in real terms?

Once again, we hear more whining from members on the Labour benches but absolutely nothing in the way of alternatives. I would have thought that Labour would welcome the community sentencing approach and the facts that I have just announced, and would see that the future requires much more to be done in that regard, instead of giving us a scratched record of whining, whingeing, moaning and endless calls for more resources to be aimlessly ploughed into every problem under the sun.

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Parking

To ask the Scottish Executive whether it supports the activities of local authorities that choose not to apply the law even-handedly across all sections of the community with regard to parking on public or private land. (S3O-4376)

The Government expects the highest standards to be maintained in all aspects of public life in Scotland. With regard to parking, it is for each individual local authority to ensure that it complies fully with all relevant legislation, taking into account any particular local circumstances that require to be addressed in its area.

Does the minister acknowledge that there is a problem with an unauthorised encampment that has been established by Travelling people where local authorities, for various reasons, have decided not to apply the law as they would to other sectors of the community, with the result that the law is applied only to those who choose to be bound by it or where it is easiest to apply? Will he undertake to give his full backing to local authorities on the issue to ensure that the law is applied even-handedly and fairly across the community in the future?

Absolutely. Alex Johnstone can rest assured that the Government will support local authorities that implement the law. We must, however, recognise that local factors need to be taken into account, which is why we recognise and respect local democracy. There is a national strategy, which was commenced by a previous Administration, for managing unauthorised camping and dealing with Travelling people, but there will be local issues. Therefore, although I give the member the undertaking that he seeks, I ask him to accept that it is appropriate for local authorities, in acting within the confines of the law, to take their local circumstances into consideration.

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Knife Crime

To ask the Scottish Executive what measures it is taking to tackle knife crime. (S3O-4416)

Tackling knife crime is a key priority and substantial action has been taken in recent years. The maximum sentence for carrying a knife in public was increased from two years to four years in the Police, Public Order and Criminal Justice (Scotland) Act 2006.

In 2006, my predecessor issued guidelines to the police, which I have maintained, to ensure that those caught carrying a knife will normally be kept in police custody until they appear in court. A revised prosecution policy on knife crime was also implemented. The revised policy means that, when an individual appears in court, prosecutors will oppose bail if he or she has one or more previous convictions involving possession or use of a knife. Bail will also be opposed if an accused has a previous conviction for an offence of violence that resulted in a custodial sentence.

When prosecutors are deciding on the appropriate court for proceedings and an accused has a previous conviction for a similar offence, there will be a presumption in favour of prosecution on indictment.

A number of other initiatives are being taken forward. They include: the national violence reduction unit's 10-year action plan, with education, prevention and rehabilitation at its heart; and the proceeds of crime investment, to give young people more positive alternatives. We are also consulting on a licensing scheme for dealers in non-domestic knives, which will help to prevent those deadly weapons falling into the wrong hands.

In the meantime, we continue to support tough enforcement by the police, with effective and co-ordinated action resulting in more than 2,000 knives being taken off the streets since May 2007.

Can the Lord Advocate tell me what reasons, if any, she believes there are for the Scottish Government continuing to hold out against a mandatory jail sentence for those who carry a knife?

Sentencing is an issue for the courts. Policy decisions on a mandatory or minimum sentence are for others, rather than the Lord Advocate, to comment on. However, having looked at the possibility of the creation of a sentencing council, I think that the development of guidelines on sentencing would be a practical alternative to mandatory or minimum sentences, which can be arbitrary on occasion and which constrain our judges from using their discretion in circumstances in which pleas in mitigation might reveal circumstances that required a variation in sentencing from that which would be permitted in law. The alternative approach might result in very arbitrary results.

A sentencing guidance council, which would produce guidance, would assist the courts in their attempts to ensure that sentences in this serious area of criminality are tough and are sufficiently robust to satisfy the community's need for protection.

Is locking up everyone who is caught on our streets with a knife a practical solution?

I think that a strong deterrent message has to go out to those who have the propensity or inclination to carry a knife. A message has to go out to the parents, the sisters, the teachers and others in the community that carrying a knife might result in extremely serious circumstances. Young boys who might otherwise have pretty blameless lives might go out in fear and carry a knife because their peers do or because it has become trendy or fashionable. In Scotland, that cavalier attitude has had tragic consequences, and I make no apology for saying that these cases must be dealt with most seriously in order to deter others who might be inclined to behave in the same way. We require a strong deterrent policy on that basis.

Would any guidelines from the sentencing council change the current position regarding a mandatory custodial sentence for carrying a gun?

That mandatory sentence is a matter for Westminster rather than this Parliament. However, I think that the guidance that would be issued would be taken into account by Westminster, and that, thereafter, judges would apply it using their common sense and experience as well as their knowledge of the personal circumstances of each case.

We are not dealing with widgets in court; we are dealing with extremely specific circumstances. Cases are very fact specific. It is important that our courts are given the independence that will allow them to sentence correctly and to do so within a context in which there is clear guidance and an expectation of tough action.

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Land Maintenance Companies (Title Deeds)

To ask the Scottish Executive what progress has been made to protect residents whose title deeds bind them to a specific land maintenance company. (S3O-4435)

The Title Conditions (Scotland) Act 2003 provides a legal framework for the variation or discharge of burdens that are found in title deeds. Homeowners should first seek legal advice as to the appropriate option, according to their circumstances. Ministers have no powers to intervene in private disputes.

Issues can arise due to poor and unacceptable standards of service. The trading standards service is aware of such consumer protection issues and has mechanisms in place to deal quickly with disputes. The Office of Fair Trading is undertaking a market study into property managers in Scotland. I will meet the OFT later this month to discuss land maintenance companies.

Recently, I had an informative meeting with the Lands Tribunal for Scotland, the details of which I will write to Mr Ewing about. As a result of that meeting, it is clear to me that the current legislation—the Title Conditions (Scotland) Act 2003—does not offer practicable protection or solutions to residents who are in the unique position of being bound to a land maintenance company. In the case of my constituents, the company involved is Greenbelt Ltd.

Will the minister give an undertaking to pursue a course of action that will give residents who wish to exercise their rights as citizens to change their land maintenance company an accessible and affordable route to do so?

My officials are in contact with the Lands Tribunal and will work to examine and evaluate the issues that arise in connection with Greenbelt. I look forward to receiving Angela Constance's letter on an issue that she is pursuing tenaciously.

Complex legal areas are involved and we all wish to make progress on them. One reason why I arranged to meet the Office of Fair Trading in London later this month is so that I can see what, if anything, it can do to protect consumers. In this case, we are talking about a substantially reserved issue.

I am given to understand that a company is contacting residents to say that it will help them through this legal minefield. The company is saying that its prime motivation is to clean up the industry and it claims that it is monitored by the Government regulator. What regulations apply to the transfer of land on housing estates to third parties, and which regulator monitors that area?

I am not aware of the company to which the member refers. If she writes to me with the details, I will be in a position to reply.

Of course, when one buys property, one should take legal advice. Currently, there are no rules to prohibit the separate sale of amenity land within an estate. That is a law reform that no previous Administration sought to introduce; indeed, there may be problems in introducing it. In any event, given that any law reform would not be retrospective, it would not apply to those who have difficulties with land maintenance companies. Nonetheless, many members have raised the issue. The Government is very keen to work with members and their constituents to see whether any other remedy can be found.

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Off-sales (Licence Withdrawals)

To ask the Scottish Executive how many off-sales operators were issued with a warning in the last year for selling alcohol to children under 18 years of age and how many licences were withdrawn on that basis. (S3O-4382)

Information on warnings that boards have issued is not held by the Government, but we know that licensing boards suspended for various reasons 29 licences in 2007, of which 14 were for on-sales and 15 were for off-sales.

We are also beginning to see the effects of test purchasing, which the police are using to crack down on rogue retailers. Since December, 1,073 premises have been tested, of which 176 failed their first test and a further 14 failed a second or subsequent test. That shows that test purchasing is working and licensees are sharpening up their act. A number of those who failed have had their licences suspended, which is the maximum sanction that is available at present. That will change next September when boards will have wider powers, including the power to revoke immediately a licence, which we support.

I thank the cabinet secretary for that comprehensive reply.

Let us set aside the heat of this morning's exchanges, when many of the cabinet secretary's colleagues spoke with the fervour of members of a new Scottish temperance party and not as members of the Scottish National Party. Does he accept the validity of the concerns of a number of members that, before we rush to implement new and fresh legislation, we should first ensure that existing legislation and the legislation that is to come is given every opportunity to succeed? Other measures may be necessary thereafter, but we should not rush to introduce them before we have first ensured that existing legislation has been made effective.

This evening, I am going to the Scottish Licensed Trade Association's annual dinner. I do not know whether the association expects me to attend in a temperance capacity but I am certain that I will enjoy its hospitality, which I do not think will be dry, whatever the member may think.

We are enforcing the legislation. The changes in September 2009 are based on legislation that was not introduced by this Government but which was passed in the previous session of Parliament. We are enforcing existing legislation and implementing and rolling out legislation that is taking time to implement because of the transition period. As we said this morning, we will not hesitate to take action where appropriate to tackle the significant alcohol abuse problem that we face in Scotland.

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Rural Affairs and the Environment

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Flooding (Greenock and Inverclyde)

To ask the Scottish Executive what discussions have taken place with Scottish Water to ensure that flooding issues in the Greenock and Inverclyde area are tackled. (S3O-4413)

Scottish Water is aware, as is Duncan McNeil, of the flooding issues in the Greenock and Inverclyde area. As part of the current 2006 to 2010 investment programme, there are regular discussions with Scottish Water on how it is addressing sewer and other flooding to achieve a net reduction in the number of properties subject to flooding.

Does the minister agree with Scottish Water that external flooding, which he will know is flooding in and around the boundary of someone's property, is a major issue? It is a recurring problem in my constituency; there have been more than 4,000 reports of it occurring since 2003, including the regular flooding of Inverkip Main Street and homes in Branchton and Braeside. Can the minister assure us that he will work with Scottish Water to ensure that investment is in place to deal with the problem, which is causing recurring damage and distress to residents throughout Inverclyde?

I agree that external flooding is becoming a key issue. When Scottish Water's objectives were set for the current period, external flooding was not seen as the highest priority. Instead, it was agreed with the previous Administration that internal flooding, which causes a public health problem for residents, should be tackled. Scottish Water has made good progress on reducing the number of properties that are held on its internal flooding register. I agree that we must now take external flooding much more seriously. External flooding will feature in the objectives for 2010 to 2014. The Flood Risk Management (Scotland) Bill, which was introduced only two days ago, will address all types of flooding, including sewer flooding.

Will anything in the Flood Risk Management (Scotland) Bill make it easier to achieve speedier flood resolutions in Inverclyde and other communities in the west of Scotland?

The Flood Risk Management (Scotland) Bill contains a range of provisions that should make it easier for a range of authorities to tackle flooding issues. For example, flooding will be dealt with at a catchment level, so that all authorities can work together and bring together their resources to tackle it.

The bill will transpose the European Union floods directive, so it will address all types of flooding. We will also have much better flooding maps. Most important, the very lengthy period that it takes to take a flooding scheme from conception to delivery will be considerably truncated, and people will be able to influence the process much more.

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Farming (New Entrants)

To ask the Scottish Executive how it will encourage new entrants into the farming sector. (S3O-4460)

A dedicated measure in the Scotland rural development programme offers new entrants up to £27,395 of interest rate relief on commercial business development loans. The SRDP also offers young farmers enhanced capital grants—10 per cent above the normal rates—for business development, restructuring and diversification.

What will the cabinet secretary say to those people who were led to believe that the new entrants scheme would provide an additional sum of £10 million for the remainder of the SRDP, but who now know that it is in fact a loan? It is not new money, but money taken from land management contracts. Can he explain how inflexible restrictions, such as the requirement for new starts to apply 12 months prior to set-up, and their being unable to use the money to buy breeding ewes, for example, represent the best way to encourage new entrants to the industry?

I will take great delight in telling Scotland's agriculture community that, for the first time, we have a dedicated £10 million fund for new entrants under the Scottish rural development programme, which I hope will prove a success in the coming years. The issue is complex, but finally we are attempting to address it. As the tenant farming forum discovered during its inquiry, there are no simple, easy, off-the-shelf solutions, contrary to what the member perhaps suggests.

I am happy to work with Jim Hume and other members to find solutions but, so far, there are no simple solutions and we must accept that the issue is challenging. However, the £10 million is new money and it is available under the Scottish rural development programme for new entrants.

Has the minister considered the suggestion in the report of the Scottish Conservative food security task force of pairing and supporting young farmers and new entrants with retired or retiring farmers who have no family of their own to carry on running their business? What level of interest has there been in the new entrants scheme so far?

There has been interest in the measure under the Scottish rural development programme, as I outlined in my previous answer, and some awards have been offered to applicants. On the Conservative party's report, I welcome any good ideas from any part of the Parliament. I will soon be responding to the tenant farming forum's report, which suggests a range of measures, and I am happy to build in the measures that the member suggests.

Will the cabinet secretary listen to the farmers who tell us that the qualifying criteria for his system mean that many new entrants are simply not eligible to apply?

I will take on board that concern. The programme is new, and we should all be big and bold enough to accept that there might be some teething problems. I am unaware of the particular concerns that some members have mentioned, but I am happy to take them on board, as we have the ability to tweak or amend the programme as appropriate. I am certainly willing to do that to make its measures more attractive.

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Locally Sourced Food

To ask the Scottish Executive what progress has been made, as a result of its food procurement guidelines, on increasing the amount of locally sourced food. (S3O-4426)

Currently, information on increases in the amount of locally sourced food is not held centrally. Under the Scottish national food and drink policy, I announced a work stream called walking the talk, which will help Scotland's public sector to become an exemplar on food procurement. The work stream will address how to measure the amount of locally sourced food and how to improve the uptake of the food procurement guidelines.

I thank the cabinet secretary for his answer, but it does not take us much further forward. We believe that, where the Government is responsible for providing meals, whether in hospitals, prisons or even schools, the food should be nutritious and, where possible, organic and locally sourced. We have heard from the cabinet secretary that the Government wants to encourage local supply, and we have heard about guidelines being revised, but when will farmers in my area know when the guidelines on the supply of food in the public sector will be issued?

Scotland's public authorities have existing guidelines, and I urge all authorities to use them to increase local procurement. Like other members, I am extremely keen for us to measure the progress that we make on local food procurement. However, it is difficult even to define the word "local" when it comes to local food sourcing. That is one of the first issues that we must address. Indeed, the definition and interpretation of "local" is being addressed by one of the food and drink policy work groups.

I am confident that there has been an increase in the local procurement of food produce. That is certainly the case with the Government's own contracts. Indeed, one of the Government contracts, for 4,000 civil servants, is up for renegotiation, and we hope to make it an exemplar of local food sourcing. Of course, we must be cognisant of European procurement rules, but we want to push the boundaries as far as we can.

I acknowledge the cabinet secretary's reply to David Whitton. Does the cabinet secretary agree that local food should play a major role in the implementation of the free school meals policy that the Cabinet Secretary for Education and Lifelong Learning outlined today? Does he also agree that that policy gives us a huge opportunity to learn lessons from Finland, which used local food, where possible, to help it to shake off its sick man of Europe tag?

I agree. I am pleased that a number of school meals pilot projects around Scotland—in particular, the recent project in the Western Isles—use locally sourced food. Shetland Islands Council has another pilot project in the pipeline, and we have seen the success of the hungry for success initiative that was piloted in East Ayrshire by Robin Gourlay, who is involved in the Scottish national food and drink policy work stream. The free school meals policy is a huge opportunity. I urge all schools to source as much food as possible locally as the policy comes on stream in the coming months and years.

The cabinet secretary mentioned the successful pilot in East Ayrshire where local food was used in schools. Has he discussed with other local authorities the possibility of rolling out the programme to other parts of Scotland? If so, what were the outcomes of those discussions?

The Cabinet Secretary for Education and Lifelong Learning has had such discussions. I take a keen interest in the matter, because we support that approach across the Government. The East Ayrshire initiative has been very successful, which is why Robin Gourlay, who piloted it, chairs the work stream that is charged, as part of policy development, with spreading best practice throughout Scotland.

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Flood Management (Highlands and Islands)

To ask the Scottish Executive what progress it is making on flood management schemes in the Highlands and Islands. (S3O-4424)

Flood risk management schemes are the responsibility of the local authorities concerned, not the Scottish Government, as local authorities are best placed to assess local need. That will continue to be the case under the new Flood Risk Management (Scotland) Bill.

The minister will be aware that Scotland has only 50 per cent of the high-resolution radar coverage that is required to provide effective advance warning of pluvial flooding, compared with about 95 per cent coverage in England. There are major gaps in Moray and the Highlands and Islands. Will the minister ask the Met Office for an immediate weather radar network review, to provide the technology to give advance warning to residents in Moray and the Highlands before the trauma of flooding occurs? That would be a real historic concordat between the Scottish Government, the Scottish Environment Protection Agency and the Met Office to protect our threatened rural communities.

I am entirely happy to support the member's call for the Met Office to provide the coverage to which he refers. In the report on its inquiry into flooding and flood management, the Rural Affairs and Environment Committee recommended that such coverage be provided. As the minister responsible, I accepted that recommendation, which we are continuing to take forward. We are in regular contact with the Met Office to ensure that it provides the coverage that people in the Highlands and Islands and other areas where coverage is lacking deserve. Weather radar is an important part—although not the only part—of the flooding early warning system.

Will the minister take into account the visual and practical effect of flood defences on the River Ness, and the need to enhance the visual impact of the river—which is one of Inverness's main attractions—and the general ambience of the area? In particular, will he ensure that the issue is taken into account in funding?

Funding for flooding is part of the historic concordat between the Scottish Government and local authorities. How flood defences look and fit in with the surrounding landscape is an important consideration. We are keen to encourage greener flood defences—natural flood defences often fit more happily into landscapes than do traditional concrete walls. Equally, there are ways of constructing flood defences that are not intrusive. I entirely accept Dave Thompson's point, as does everyone who is involved in designing and providing flood defences. Everything is done to ensure that flood defences are appropriate, especially in places such as Inverness, but they must also be effective.

The minister will be aware that sudden and severe flooding incidents are increasingly problematic throughout Scotland—in the Highlands and Islands and in communities such as Eaglesfield, Annan and Langholm in Dumfries and Galloway. Has he approached his counterparts in the United Kingdom Government to discuss funding to ensure that the coverage that my colleague David Stewart mentioned in connection with the Highlands and Islands is also made available throughout the south of Scotland?

The member is right about the need for radar coverage throughout Scotland, and that the financial responsibility for providing such coverage lies with the UK Government. The Met Office is the agency that should provide it. I would, of course, be happy to work with members across the chamber to ensure that the Met Office and the UK Government fulfil those responsibilities.

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Flood Management

To ask the Scottish Executive what funding has been allocated to deal with new flood management issues in Scotland. (S3O-4422)

Funding for flood alleviation measures was included in the record levels of funding for local government over the period covered by the 2008 to 2011 spending review. We have also allocated £8.6 million to the Scottish Environment Protection Agency to deliver a national flood warning dissemination programme for Scotland and another £1 million to enable it to fund a new flood warning scheme for the north-east of Scotland. We have allocated £235,000 to research projects to inform and provide evidence to support the development of flood risk management policy, and we have agreed to provide £179,500 over three years to assist the National Flood Forum, which has done tremendously good work south of the border, to establish a presence in Scotland.

The minister will be aware of the significant flooding that occurred in Tillicoultry and Milnathort, which are in my constituency. After that flooding, Clackmannanshire Council and Perth and Kinross Council held public meetings to inform residents about future flood defences and how to prepare themselves for possible future flooding. What steps has the minister taken with SEPA and the Convention of Scottish Local Authorities to ensure that members of the public who may be affected by flooding in the way that my constituents in Tillicoultry and Milnathort were affected are given direct advice on how best to prepare themselves properly for that threat?

Dr Simpson raises important issues. Defending against flooding is not simply a matter of building concrete walls. I do not want to go into the details of why the concrete walls in Milnathort did not work, because on-going legal issues are involved.

Individuals must realise that they can suffer unexpected flooding and they must be ready. Flooding can happen very quickly, including in places with no experience of flooding, especially if there are extreme weather events. In all circumstances, the Government advises and will continue to advise that people should have adequate insurance. We will discuss that matter a great deal as the Flood Risk Management (Scotland) Bill is considered in the Parliament. Such insurance can be obtained in most places. If there are difficulties with obtaining insurance, it is often possible to make changes to properties to allow it to be attracted.

There are also means by which people can defend their properties. If a property has been flooded, its reinstatement to a higher flood resilience status will make an enormous difference. Development work has shown that having a resilient property as opposed to a non-resilient one can reduce the time taken for people to move back into their property from months or years to weeks or even days.

The cabinet secretary will be familiar with the flood alleviation scheme in Elgin, which includes a plan for a relief channel near the cathedral. SEPA wants that channel to remain dry, whereas Scottish Natural Heritage wants water to run through it all the time. What advice would the minister give to local authorities that face contradictory advice from those statutory bodies?

Mary Scanlon has pointed to one of the reasons why we need the Flood Risk Management (Scotland) Bill. We need to modernise flood legislation so that everybody can work together. By taking the catchment approach and bringing together all the bodies that are involved, we will resolve issues of the type to which she refers. I am certain that the issue that she raises will be resolved, because there is good will on all sides and a desire to ensure that the flood defences in every part of Scotland are effective. The Flood Risk Management (Scotland) Bill will make the resolution of such issues easier than ever. I am glad that we are now getting round to changing 50-year-old legislation that is around 25 years out of date.

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Waste Recycling (Joint Facilities)

To ask the Scottish Executive what support it is giving to local authorities to enable them to provide joint facilities for waste recycling. (S3O-4412)

It is a matter for local authorities to negotiate contracts and enter into whatever partnerships they consider necessary, either with the private sector or other local authorities, to provide and utilise recycling waste facilities on a joint basis.

The cabinet secretary's response is some way short of providing any reassurance that existing targets can be met in the present circumstances. We do not want to get into an argument about ring fencing or otherwise, but can the cabinet secretary tell the chamber how he can ensure that local authorities know how much money is available, what targets they must meet and what commitments they are required to give in single outcome agreements? Without any reassurance on that, there will be no commitment; there will be only hope and crossed fingers that local authorities will be able to deliver in the manner that he wants them to deliver on everyone's desire for more efficient waste recycling.

Michael McMahon paints a picture of doom and gloom, whereas the story throughout Scotland is optimistic and positive. In South Lanarkshire Council's area, for instance, the household waste recycling rate is 35.4 per cent, which is quite a bit above the national average. Things are going smoothly in the member's area.

We are working closely with local authorities on a range of campaigns. They are well aware of our targets. We have had many meetings with local authorities and the Convention of Scottish Local Authorities to discuss the issues. The zero waste fund will contribute to infrastructure projects, and discussions about each local authority's share of that fund are advanced.

Local authorities have a generous settlement. They are aware of the targets, which they mention in their outcome agreements. They have plenty of opportunities to make progress and to help to protect Scotland's environment.

We have a little time in hand for the next debate, so I will take one more question.

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Development Sites (Hazardous Waste)

To ask the Scottish Executive what its policy is on the development of sites that may be contaminated by hazardous waste. (S3O-4374)

The Scottish Government considers the suitable-for-use approach to be the most appropriate to deal with contaminated land. That approach focuses on the risks of land contamination and recognises that the risks that any given level of contamination present depend on the use of the land, any proposed development and the requirements for remediation. The primary consideration is the identification of risks to human health or the wider environment.

Is the cabinet secretary aware of a proposal to develop the former landfill site at Kilgarth, between Coatbridge and Glenboig in my constituency, as part of plans to construct a large rail freight terminal? Given that concern is widespread among local people about the disturbance of hazardous waste, which is thought to be from a hospital, will he give my constituents assurances to allay their fears?

I am sure that the concerns that Margaret Mitchell outlined are a familiar story to many of us who have issues with contaminated land in our communities. Perhaps that shows how standards today have changed from those in the past. If she writes to me about the issue, I will certainly investigate her concerns.