Contents
- Scottish Parliament Thursday 8 February 2007
- Business Motion
- Forth and Tay Bridges Tolls
- Early Years Education, Development and Care
- Question Time
- First Minister's Question Time
- Question Time
- Transport and Works (Scotland) Bill: Stage 3
- Transport and Works (Scotland) Bill
- Decision Time
- School Transport Safety
Question Time
SCOTTISH EXECUTIVE
Enterprise, Lifelong Learning and Transport
Iberdrola and Scottish Power (Merger)
To ask the Scottish Executive whether it has made representations to the European Commission about the proposed merger between Iberdrola and Scottish Power. (S2O-11943)
Executive officials have met the European Commission to note our concern that there should be a level playing field on takeovers. The Commission has confirmed to the Executive that it has to examine all competition issues arising from a proposed merger.
A proposed merger of this scale is scrutinised by the European Commission as a matter of course. Does the minister share my view that the retention of Scottish Power jobs in this country is the key objective in this situation? Will he bear in mind the fact that a takeover of Scottish Power by any other energy company that is currently trading in the United Kingdom could lead to the loss of between 2,500 and 4,000 jobs?
I agree that the jobs at Scottish Power are crucial. Clearly, in the meeting that the First Minister and I had with senior management from Iberdrola it was reassuring to hear the guarantees that were given on the company's future intentions.
It is important that there should be a level playing field in Europe and that state aid rules should apply equally to all member states. I am certain that the European Commission, which has sole competence on the issue, will be thorough in its investigation.
The minister may be aware that a special deal is open to Spanish companies that allows them to provide for a 20-year depreciation of the cost of financial goodwill in terms of the takeover of a foreign company's stock. We have received feedback from Neelie Kroes, the European Commissioner for Competition, from which we understand that
"To date, this incentive has not been examined by the Commission, nor has Spain notified it for State aid review."
What is the Executive's attitude to the matter? What do ministers plan to do next?
I repeat that the European Commission has sole competence on the issue. Scottish Executive officials have raised with the Commission the possible competition impact of Spanish tax benefits on Spanish companies' overseas acquisitions. As far as the tax treatment of goodwill is concerned, the Commission has assured us that, during its merger investigations, it will examine all the competition issues that arise, including the possible effects of any unlawful state aid on a company's position.
It is perfectly fair for the European Commission to investigate claims of an unfair tax regime benefiting Iberdrola. However, does the minister agree that to argue in principle against all such takeovers would be to adopt a narrow and isolationist approach? Surely such a view would simply damage the Scottish economy in the long term. I am thinking in particular of Scottish companies such as the Royal Bank of Scotland that have been very successful in expanding their operations overseas.
I agree with Murdo Fraser. As he knows, the SNP has said some pretty harsh things about big business in Scotland and its profits. Recently, the SNP has also said some pretty harsh things about Scottish Power, which I will not quote here and now. When we are talking about a company that is of such importance to Scotland's future and of such significance to its economy as Scottish Power is, it is important for us to be absolutely certain that future opportunities to develop the company and the security of jobs are central to the consideration of the issue.
We must ensure that there is a level playing field throughout Europe. I want Scottish companies to have the opportunity to make acquisitions overseas and to grow and develop into large businesses. From time to time, such growth will involve not only the organic growth of those businesses but takeovers. I hope that we all wish to see equality and a level playing field in that regard. We intend to ensure that that is the case in relation to Scottish Power.
Renewable Energy (Education and Training)
To ask the Scottish Executive how it is supporting education and training for renewable energy technology installation and maintenance. (S2O-11974)
The skills group of the forum for renewable energy development in Scotland found that skills gaps and skills shortages are not a major constraint for the renewable energy sector at this stage. However, the group is working with key stakeholders, including the sector skills councils, to ensure that we have the skills to allow Scotland to realise its huge renewable energy potential to the full.
The Executive is providing record levels of investment in the college sector to support the provision of flexible learning opportunities that meet local skills needs, including those in the renewables sector.
Does that work include the south of Scotland and, in particular, the Borders? Any constituents of mine who buy microrenewable technologies will have difficulty sourcing a local installer and maintenance company. I understand that anybody who wants to achieve accreditation in maintenance and installation has to go to Inverness. Is an accredited qualification for the installation and maintenance of renewables available through Scotland's colleges? If not, will the minister consider it as an urgent need in the college curriculum review?
I agree with Jeremy Purvis that the issue is important for the future development of the renewables sector. He is right that a course on the installation and maintenance of solar hot water systems is being run at Inverness College with the assistance of the Scottish community and householder renewables initiative, which provided financial support. So far, 59 people have attended the course, and the college, with the support of Highlands and Islands Enterprise, is developing courses for heat pump and biomass installation and maintenance.
We must get more businesses involved in renewables and we must ensure that there are opportunities for individual homeowners and businesses throughout Scotland to access renewable energy opportunities. I agree with Jeremy Purvis that we want more such courses in all Scotland's colleges, and I undertake to raise the issue with them and with the Scottish Qualifications Authority.
Does the minister share my dismay at the dithering by the United Kingdom Government that has led to BP and other partners putting on hold their plans for a hydrogen power station in Peterhead in north-east Scotland? It would also be a carbon capture and storage facility, and a world first. What representations has he made to the UK Government to get an early decision on funding support for that project, which is vital for Scotland and the planet? Can the Scottish Government offer any assistance to ensure that the project gets the green light sooner rather than later?
I appreciate Richard Lochhead's concern on environmental and climate change-related issues. The SNP does not always support the renewables sector: it has made it clear that it wishes to constrain wind farm development in Scotland and it took an interesting approach to the environment and climate change in this morning's debate on bridge tolls.
The Executive strongly supports the proposal for a carbon capture and storage facility and a hydrogen power scheme, which would be a global first and a highly significant development for Scotland. We will continue our discussions with the UK Government to ensure that the promoter—BP—is able to go ahead with the project as soon as possible.
Unskilled Workers
To ask the Scottish Executive how it will work with business to reduce the number of unskilled workers in the workforce. (S2O-11955)
The Scottish Executive continues to work closely with business directly and through its agencies. Our lifelong learning strategy sets out the series of measures that we are taking and will continue to take to ensure that all Scots have the opportunity to gain the skills that they need to achieve their potential and play an active role in society and the workplace.
We have taken a number of steps to support and encourage people to return to learning, including our individual learning accounts scheme, the Scottish union learning fund and our work on adult literacy and numeracy through the big plus campaign, which has helped more than 137,000 literacy learners to date. Over and above that, the modern apprenticeship programme, combined with the skillseekers programme, accounts for training opportunities for more than 40,000 employees. Those are positive examples of our commitment to raising skills within the workforce.
The programmes that the minister mentioned in his comprehensive answer are bringing about a continuing fall in the number of unskilled jobs in the economy. Although there are examples of good practice in the public and private sectors, I hope that the minister acknowledges that there are some dark areas that need to be tackled. How can we create a culture in which both sides in industry see the value and good sense in training and upskilling? How do we ensure that private sector workers who are not getting or are not being encouraged to take the opportunities receive the same advantages and access as those who work for the best employers in the public and private sectors?
The member raises an age-old question that he and I are very familiar with from our former dealings with employers as trade union officers. The issue is one of encouraging employers to invest in the skills and training needs of their workforce as a means of boosting their bottom line and promoting the profitability of their company. In my experience, that is not an easy task.
We provide a number of incentives to the private sector to invest in training. I mentioned modern apprenticeships and the skillseekers programme, and we have also got the training for work and get ready for work programmes, in which the enterprise agencies contribute to the overall cost of training to make people more employable and more amenable to the contemporary labour market. However, more can be done in that regard.
In the main, the public sector is a good example of progress, but more can be done in it as well, particularly in giving employment opportunities to people who are currently outside the labour market and whose employability skills need to be honed.
The minister will know that the UK Government has appointed Sir Digby Jones as the skills tsar. Does Sir Digby Jones have any remit in Scotland? If so, what is it and to whom does he report?
It is important to work in partnership with our UK colleagues in raising overall skill levels in the economy. Sir Digby Jones has an important contribution to make to that objective, as have others.
As members will know, in the UK we have an employer-led approach to skills training through the sector skills councils and specific Scottish provision in the Sector Skills Development Agency. That is an important part of growing the economy, as it is crucial that people can carry transferable skills throughout the UK. Sir Digby Jones will make an important contribution, as will others, to that objective.
Universities (Research)
To ask the Scottish Executive how it is supporting the spin-out of research from Scotland's universities. (S2O-11970)
The Executive is encouraging commercialisation, including the spin-out of research, through a variety of schemes and initiatives, which are delivered in partnership with the enterprise networks and the Scottish Further and Higher Education Funding Council. Recently, we supported the development of the interface initiative, which is funded by the council and is intended to develop better commercial links between universities and business.
I am sure that the minister agrees that Scotland's universities are world leaders in research in many fields and that there is substantial potential for long-term economic benefits for Scotland from that research. Does he agree that it is particularly important that we encourage research and spin-out in alternative energy technologies? Is he aware of the groundbreaking research into solid oxide fuel cells at the University of St Andrews chemistry department's centre for advanced materials, which has led to the establishment of the spin-out company St Andrews Fuel Cells Ltd? Will he also accept my invitation to visit the centre and company to see for himself the development of this new energy source?
I am very aware of the company. It is chaired by David Sigsworth, a retired board member of Scottish and Southern Energy. He plays an important role on the forum for renewable energy development in Scotland and he has headed up work on hydrogen issues.
As Iain Smith will know, last year we announced a £1.5 million fund for the renewable hydrogen and fuel cell support scheme, which should assist business spin-outs from universities. The funding round for the first set of awards from the scheme has now closed, and we hope to make announcements shortly.
St Andrews Fuel Cells Ltd is a great example of exactly the sort of business that we want to encourage. Scotland can be the renewables powerhouse of Europe, but only if we seize the opportunities to develop technology and create jobs here in Scotland. I want to see a lot more of that.
Railways
To ask the Scottish Executive what plans it has to increase the use of rail for passenger and freight traffic. (S2O-11951)
We have recently published our rail policy document "Scotland's Railways" as part of the national transport strategy. The document examines the options for building on the improvements that we have already made to rail services to encourage more people to make the shift from private car to the train and to encourage many more businesses to shift from transporting goods by lorry to moving them by train.
The minister may be familiar with some of the products of Diageo, which employs 800 people in my constituency, at Cameron Bridge and Leven. Is he aware that Diageo's recent proposal to consider the viability of reopening the Thornton to Methil rail link to bring goods into and export goods from its plants would result in a significant reduction in road miles and in congestion on the Forth road bridge? Will he ask his officials to brief him on the proposal and on how that might link into the reopening of the passenger line to Levenmouth?
I have some understanding of Diageo's products, but I will say no more than that.
I take seriously Christine May's point about the company's desire to move more products by rail. It would be welcome if it made that project happen and expanded the use of rail in place of lorry miles. I assure her that I will ask officials to examine the project closely to see whether our freight facilities grant mechanisms could provide assistance, if that is appropriate to the development of the project. We will examine closely what assistance we can provide.
As the minister will be aware, there are increasing levels of passenger and freight traffic on the Ayr to Glasgow line and of coal traffic on the line from Hunterston. What plans does he have for those lines in light of the passing of the Glasgow Airport Rail Link Bill, given that GARL will remove freight traffic from the lines in Ayrshire?
I will be happy to provide John Scott with further detail on Transport Scotland's current plans for the area. On the development of the part of the rail network to which he referred, he is right to point out that significant advantages will flow from GARL. We hope that GARL will allow better optimisation of the rail track both for passengers and for freight. I will be happy to discuss that further with him.
In the modern world, where much freight is multimodal, connecting rail freight and sea freight is a paramount part of the solution. Is the minister aware of discussions that are taking place to establish a highway of the sea linking Iceland, Shetland, Peterhead and Rosyth? What steps will he take to ensure that appropriate rail links are in place to maximise the benefits of such a development if it goes ahead?
Stewart Stevenson makes a good point. I believe that last Friday's highways of the sea conference in Kirkwall—which, unfortunately, I could not attend—was useful in developing some of the practicalities behind that project. He also makes a good point about the need to develop railheads at ports. The ports sector perhaps does not always get enough attention in general transport policy, given what we could achieve with our ports and given how important they are in developing the Scottish economy. We need to ensure that ports are used for business development, especially exports, by ensuring that they provide linkages to both the road and rail networks. I look forward to further development of the highway of the sea project not just for sea freight but potentially—dare I say it—for Arctic oil. One proposal that emerged from the earlier consideration was that Arctic oil could be transhipped in the northern isles, where there is a lot of expertise, as it has been done for the past 30 years or so.
Tay and Forth Road Bridges (Tolls)
To ask the Scottish Executive when it plans to publish the initial findings of the study of the economic, social and environmental impact and cost of retaining or removing tolls from the Tay and Forth road bridges. (S2O-11903)
We do not publish initial findings. We will publish the study's supporting papers next week and the final report when ministers have received it and considered its recommendations.
Given the prevarication and delay over the current and previous studies, is it not time to stop trying to kick the issue into the electoral long grass? Will the minister publish the draft report along with the evidence next week, so that the public can see exactly what their £80,000 has paid for in advance of the election on 3 May?
Because Scottish National Party members know nothing of government—and never will know anything of government—they do not understand the difference between a draft report and a final report. As we discussed with some hilarity this morning, the SNP has plenty of draft reports of its own. We greatly enjoy reading and making fun of those reports, because none of the sums in their policies add up and because they show that the SNP flip-flops on every transport project that it possibly can. We will take the right decisions at the right time and in the long-term interests of the country.
Young Persons Concessionary Travel Scheme
To ask the Scottish Executive what the uptake has been of the young persons concessionary travel scheme. (S2O-11948)
As of 1 February 2007, approximately 15,000 national entitlement cards had been issued in relation to the young persons concessionary travel scheme.
As this morning's debate showed, the scheme is important. Is the minister aware that some young people do not yet know how to access the card? What steps are being taken to ensure that adequate publicity is made available on how young people can sign up for the scheme?
I am aware that concerns have been expressed about the ability of some people to access the card. That is a serious issue, which we are addressing through publicity and work in schools and other areas. We will continue with such work, but if Marilyn Livingstone wishes to raise any specific issues I would be more than happy to look into them.
Justice and Law Officers
Serious Organised Crime
To ask the Scottish Executive what steps are being taken to address serious organised crime. (S2O-11941)
We have invested in the police, and record numbers of officers are now available to combat crime. We have strengthened the Scottish Crime and Drug Enforcement Agency by giving it new powers and increased resources. New powers are helping us to seize more of the profits of organised crime and we have announced the creation of a multi-agency crime campus to help our law enforcement agencies work together better. All of that sends out a strong message to organised criminals that Scotland is a difficult place for them to do business.
I thank the minister for her answer and for the steps that are being taken, but she will be aware that in a recent case involving Craig McAteer, fewer assets were released to the Crown than had been anticipated. Will she reassure Parliament that the measures that have been taken are effective, that the people who prey on the most vulnerable members of our society will no longer be able to profit from their crimes and that loopholes will not be allowed to develop, whereby criminals can hide away their assets and not be held to account under the law?
Karen Gillon makes a serious point and I know that other members, along with members of the public, were concerned about some of the reports of the case to which she refers. It is important to stress that there is no loophole. I should explain that the Crown could simply have withdrawn the application for a confiscation order and brought proceedings to an end. However, given the high estimate that was made of the amount by which the accused had benefited from his crimes, it was appropriate to have that figure formally recorded in court. Therefore, if concealed assets are discovered at a later date, the Crown will be able to apply to the court to have the confiscation order varied, thus depriving the accused of the proceeds of crime. The court endorsed that approach and granted the order. To simplify matters, that means that if the accused is shown to have assets, proceedings against him can still take place at a later date.
My question concerns the prevention of serious, if not organised, crime. In the light of the very serious attack on the Polish worker Patryk Mnich, will the Scottish Executive urgently review the reception arrangements for, and the advice given to, Polish and other immigrant workers to ensure that they have a safe and satisfactory experience during their time here? As I am sure that other members have done, I have heard anecdotal evidence of some unrest in areas that have a concentration of immigrant workers. I believe that some of the police officers who cover those areas are of the view that we should anticipate and seek to head off trouble.
I am aware of the case that Margo MacDonald has taken an interest in, but I cannot comment further on it, because I understand that someone has now been arrested and that court proceedings are under way.
On the general point, I stress that any assault or attempted assault on any individual is despicable. That is why we have implemented a number of new initiatives on violence prevention and reduction. I understand the concerns that Margo MacDonald has raised, so I will seek to find out more information on the matter and will ensure that the appropriate questions are asked. We will correspond with her to supply her with further information in due course.
Returning to the original question and the minister's first answer, is she satisfied that the legal provisions that allow the seizure of assets are sufficiently robust?
Robust action has been taken in relation to the seizure of assets. We are trying to ensure that, in many instances, the assets and money that are seized are recycled back into the local communities that have suffered the most from serious organised crime. There is a good story to tell on the amount of assets that have been seized. Indeed, only this week, the Lord Advocate announced the latest figures on that. I hope that everyone will give the police and the Crown Office their full support on the matter.
Youth Court (Paisley)
To ask the Scottish Executive how the establishment of a youth court in Paisley can help reduce crime. (S2O-11932)
Youth courts have been successful in fast-tracking young people through the court process and providing a wider range of effective programmes to tackle their behaviour. When the feasibility study is complete, I hope that the people of Paisley will benefit from similar improvements in the way in which we deal with young offenders.
Can the minister tell us the likely timescale for the feasibility study? If it results in the establishment of a youth court in Paisley, will she accept my invitation to visit it with me?
I am always keen to visit such new initiatives. The youth courts in Hamilton and Airdrie work very well. I hope that, at some point in the future, I will be able to take up an opportunity to make such a visit with Ms Alexander in her constituency.
As I said, the feasibility study is under way. I cannot give the precise date on which it will report back to ministers, but it is important to move ahead and work on getting the appropriate costings and programmes in place. I will, of course, keep the member up to date.
Bottle Marking Scheme
To ask the Scottish Executive whether it has any plans to promote and extend the traceable bottle marking scheme nationwide. (S2O-11968)
The problems that are associated with under-age drinking are all too evident in many of our communities. Last week, I attended the launch of a scheme that Strathclyde police is piloting in Ayrshire, whereby retailers are co-operating with the police to help combat under-age drinking. I look forward to receiving the evaluation of the eight-week pilot. I will then consider whether it would be valuable to extend the scheme to other areas.
Will the minister look to evaluate a number of such schemes, including the one that has been running for some 18 months in Peebles, in my colleague Jeremy Purvis's constituency, and others in south Edinburgh? As she says, the schemes are an important way of combating under-age drinking and preventing the recruitment of the next generation of alcohol abusers.
I am always interested in projects that are shown to be successful in preventing young people from being involved in alcohol or drug misuse and which take effective action to assist those young people who get involved to turn their lives around and get out of the problems that such abuse causes.
In many areas, responsible retailers want to work with the police. It is not in their interest to have under-age drinkers and the problems associated with them linked to their businesses. The approach of prevention, education, enforcement and working together with the trade is the right one. I would certainly be interested to hear any details of further progress that members can give me.
Drug Rehabilitation and Treatment Services
To ask the Scottish Executive what plans it has to make equal provision of drug rehabilitation and treatment services across Scotland. (S2O-11921)
Our drug strategy is, rightly, built on the four key pillars of prevention, intervention, treatment and rehabilitation, and enforcement. We are determined to make sure that more people can move on from drug misuse to treatment and rehabilitation and, ultimately, to drug-free lives. We have doubled our investment in treatment; we have tied funding to the delivery of tangible improvements in service quality and waiting times; and we are supporting innovative approaches to drug treatment to extend the range of options that are available.
I am sure that the minister is aware that service provision throughout Scotland is patchy. Indeed, at a meeting of the Health Committee a couple of weeks ago, a witness, Catriona Renfrew, noted:
"The patchiness of services makes it extraordinarily dangerous to generalise."
Other witnesses mentioned a "lack of cohesion" and a "postcode lottery", and Tom Wood said:
"Most of the treatments are available in Scotland in some place or other, but there are not enough of them and, crucially, they are not tied together".—[Official Report, Health Committee, 23 January 2007; c 3340 and 3339.]
I repeat my question to the minister: what will the Scottish Executive do to ensure that people throughout Scotland who are referred to rehab have equal access to treatment at the point of need?
I am well aware that Rosemary Byrne has taken great interest in this issue and has pursued it diligently. Of course, I, too, gave evidence to the Health Committee at the meeting that she referred to.
We need to establish in Scotland a framework that gives some flexibility in dealing with any local issues that arise. That is why I have asked for a review of the current operation of drug action teams. We are also reviewing issues such as the prescription of methadone and, in some areas that are suffering most from problems of access to treatment and rehabilitation, we have significantly increased our efforts to get waiting times down. That is the right approach. We need to examine the results of all that work and, indeed, I have invited the Health Committee to respond to me with any recommendations that it might have following its round-table discussion on this issue. We will also take account of Rosemary Byrne's comments.
Skye Bridge Tolls
To ask the Scottish Executive whether its position is that the criminal convictions of those who did not pay the Skye bridge tolls should be overturned. (S2O-11972)
No action is proposed in relation to persons who have been prosecuted and convicted in a criminal court for non-payment of the Skye bridge tolls.
Given that the convictions for non-payment of tolls were secured under the mistaken assumption that the toll was a tax, not a service charge, and that the issue is the last remaining vestige of the injustice done to the people of Skye and Lochalsh as a result of the disastrous Skye bridge private finance initiative project, is it not high time that these unjust convictions were overturned?
I appreciate the member's comments and recognise his long-standing interest in the matter. The convictions and indeed the regime itself were challenged without success in the civil courts. The convictions stand. There is no intention to overturn them, nor would it be in the public interest to do so.
Faslane 365 Campaign (Arrests and Charges)
To ask the Scottish Executive how many anti-nuclear protestors have been arrested at the Faslane naval base since the start of the Faslane 365 campaign and how many have been charged. (S2O-11927)
I understand that, as at 5 February 2007, the total number of people arrested and charged in connection with the Faslane 365 campaign was 505.
That response does not help me, because I am looking for the number of people who have been arrested and then charged. I have some personal experience of the matter, and it seems that many of the protesters who were arrested have not been charged. Somewhere along the line, someone—I do not know who—has made a conscious decision in that respect. Have the minister and the Executive tacitly accepted that, according to the International Court of Justice, the protesters are actually upholding the law instead of breaking it?
I repeat that, according to the information that I have received, 505 people have been arrested and charged. Perhaps Frances Curran is seeking information about the number of prosecutions that have followed and the number of protesters who have been taken to court. Of course, that is rightly and properly a matter not for me as the Minister for Justice but for the prosecution service.
As I have said before in the chamber, I absolutely uphold everyone's right to protest. However, when protests lead to law-breaking, the people involved have to accept that such actions have consequences. In fact, in these circumstances, there might be consequences for the wider community. I hope that the protesters respect that position and do not put disadvantaged communities throughout Scotland at risk because of their actions.
Cigarettes and Alcohol (Under-age Sales)
To ask the Scottish Executive what innovative measures are being considered to tackle shops that fail to adhere to the law on the supply of cigarettes and alcohol to under-age children. (S2O-11938)
The irresponsible behaviour of some retailers is damaging to young people. Alcohol in particular is often the cause of youth disorder in communities. We have already taken effective action on enforcing under-age sales measures, which has included the roll-out of proof-of-age cards to enable retailers to operate a no-proof, no-sale policy and revising prosecution policy to enable test purchasing. We are considering several additional measures to tackle the problem, including the roll-out of alcohol test purchasing and temporarily or permanently banning retailers from selling tobacco and alcohol if they choose to flout the law.
I am grateful that so many measures to address such a difficult problem are being considered.
On Monday, I met constituents who have seen vandalism and noise nuisance crimes being perpetrated by young people fuelled by alcohol that has been sold through the outlets of irresponsible licence holders, whom the minister mentioned. My constituents want the police to have more powers to suspend a licence immediately if they have evidence that the licensing laws are being breached. Will the minister consider that suggestion? Communities think that it should be possible for small licence holders immediately to lose their power to sell alcohol in the community.
I recognise the issue that Cathie Craigie and her community are concerned about. Off-licence premises can become a focus of disorder for the greater community as a result of people knowing that those premises sell alcohol to those who are under age.
The supply of cigarettes and alcohol to under-age children is a health issue for those young people and an issue that relates to the health of the community. We have provided a range of powers to address the matter in our antisocial behaviour legislation. Through the licensing legislation and the roll-out of test purchasing, we are determined to give retailers the clear message that there will be serious consequences for them if they do not operate a no-proof, no-sale policy. The enforcement regime, which could ultimately lead to a licensed premises losing its right to trade, is critical. People in licensed premises should understand that encouraging such disorder in communities will result in significant consequences.
In a recent answer to a parliamentary question, it was stated that there have been only around two or three prosecutions for selling cigarettes to under-16s. Is the minister thinking of measures to revise the law on selling cigarettes to under-16s to make it more workable, or is there an enforcement problem?
There is clearly a problem with demand. Schools and communities are doing huge amounts of work using preventive measures to address the desire of young people to smoke in the first place. That work has been discussed this week in relation to role models.
Access to cigarettes is an issue, which is why we are looking to roll out a test-purchasing approach. We want to identify what the real problem is and meet the challenges of enforcement. That said, we must give out the strong message to retailers that being responsible and not knowingly selling to under-16s is critical to their reputation. The test pilot scheme will identify the challenges that are involved.
Custodial Sentences and Weapons (Scotland) Bill
To ask the Scottish Executive whether it will consider the creation of the new category of short-term prisoner within the Custodial Sentences and Weapons (Scotland) Bill, as advocated by the criminal justice voluntary sector forum. (S2O-11983)
No. We do not accept the arguments that have been made in favour of that proposal. The provisions in the Custodial Sentences and Weapons (Scotland) Bill will deliver an end to automatic unconditional early release; the criminal justice voluntary sector forum's proposals would not do so.
I am disappointed by the minister's response, which comes in advance of the discussion that will take place in the Justice 2 Committee next week on Colin Fox's amendments to the bill. It has been argued that the creation of an additional category of short-term prisoners would not undermine the intention behind ending unconditional automatic early release for the more serious category of prisoners, and that it would have the desirable effect of targeting scarce resources where they would be more likely to reduce offending. Is the minister willing to reconsider the matter in the light of the fact that a debate will take place in the Justice 2 Committee next week?
With respect, the member's concern about my response to his question might be prompted by the fact that he asked the question.
We will, of course, have that debate in committee, and the Executive will have the opportunity to say in a great deal more detail why we think that the view of the criminal justice voluntary sector forum is not the right approach and, to some extent, is not in tune with the policy approach of the bill. I will be more than happy to develop that argument in committee where the positions can be properly scrutinised.
I emphasise the importance of the fact that the bill came out of discussions that took place over a long period of time with interested groups and local communities. Only this morning, I met representatives of the Association of Directors of Social Work, the Convention of Scottish Local Authorities, community justice authorities and Sacro to talk about the principles of the bill and, critically, how they will be implemented to ensure our shared objectives of addressing reoffending, tackling offending behaviour in communities and giving our communities confidence that problems in the justice system can be resolved.