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Chamber and committees

Meeting of the Parliament [Draft]

Meeting date: Wednesday, September 18, 2024


Contents


Portfolio Question Time


Constitution, External Affairs and Culture, and Parliamentary Business

Good afternoon. The first item of business is portfolio question time, and the first portfolio is constitution, external affairs and culture, and parliamentary business.


Channel 4 (Production Outside England)

1. Douglas Lumsden (North East Scotland) (Con)

To ask the Scottish Government what discussions it has had with Channel 4 in relation to increasing its made outside England quota from 9 per cent to 16 per cent in line with population breakdown, as called for by Pact, the independent television representative body. (S6O-03717)

The Cabinet Secretary for Constitution, External Affairs and Culture (Angus Robertson)

Scottish Government officials have met Channel 4 on several occasions, and I met the chief executive of Channel 4 on 23 May.

In our communications with Channel 4 and the regulator, Ofcom, including letters that were sent on 26 April, 25 June and 28 August, we have challenged the inadequate made outside England quotas that are proposed and have set out our expectation that they should be increased to at least 16 per cent, with individual nation quotas. The Scottish Government also responded to both of Ofcom’s consultations on 14 February and 28 August to set out those views.

Douglas Lumsden

I am sure that the cabinet secretary shares my anger that Ofcom, instead of proceeding with a 16 per cent quota, chose to proceed with a 12 per cent quota, and even that will not apply until 2030. That will mean that 25 per cent fewer programmes will be made in Scotland and 25 per cent fewer people will be involved than would have been the case if the quota had been accepted.

Scottish freelancers in the independent TV industry are really hurting, and many are being forced out of the industry. What more can the Government do, in conjunction with Pact and Screen Scotland, to protect the industry as it goes through a difficult time?

Angus Robertson

I commend Douglas Lumsden for his question and the way in which he framed it. The difference between 12 per cent and 16 per cent might not seem much to people who do not understand how much that is worth but, as he pointed out, the proposed quota represents a 25 per cent underspend, which would have an impact on the television sector in Scotland that would not be welcomed.

Douglas Lumsden asked what more we can do. One thing that has become increasingly apparent is that, in addition to the fact that the Scottish Government, the Welsh Government, the Northern Ireland Government and our screen agencies are making the very same points that he has made, we are hearing voices from across Parliaments doing exactly the same thing. I commend him and colleagues in his party and in other parties who are making that point. The more people who make that point between now and final decisions, the better chance we have of getting fairness for spending in Scotland by Channel 4, which we worked so hard to secure in relation to spending in Scotland by the BBC.


Programme for Government (Arts and Culture)

2. Alexander Burnett (Aberdeenshire West) (Con)

To ask the Scottish Government whether it has had any discussions with organisations in the arts and culture sector since the publication of “Programme for Government 2024-25”. (S6O-03718)

I note my entry in the register of members’ interests as a supporter of the arts.

The Cabinet Secretary for Constitution, External Affairs and Culture (Angus Robertson)

Scottish Government officials and ministers are in regular contact with key stakeholders across the arts and culture sector as part of the normal business of Government. Such engagement has continued since the publication of the programme for government on 4 September.

Alexander Burnett

In the past two years, the Scottish National Party Government has repeatedly cut Creative Scotland’s budget, only to restore it after a backlash, sometimes framing those reversals as new investment. The recent restoration of the open fund is the latest example of that, after a joint campaign by 150 arts organisations, including Deveron Projects and the Barn in my constituency. Does the cabinet secretary understand how that misleads the sector and undermines trust in the Government?

Angus Robertson

I gently point out to Alexander Burnett that it would be misleading to claim that there has been a reduction in culture spending in Scotland, because spending in culture and the arts in Scotland is up. I appreciate that everybody who cares about the arts and culture sector wishes to see that rise in spending. A commitment has been laid out to a growth of an annual amount of £100 million, which would be a tremendous boost to the sector.

It is really important to recognise that, notwithstanding the pressures and the difficulties, this Government is raising culture spending. I contrast that with the position of the previous and the present United Kingdom Government, which is cutting the spending of the Department for Culture, Media and Sport in England, and the Welsh Labour Government, which is cutting funding in Wales. In Scotland, we are increasing funding in culture, and we are trying to do so as quickly as we can.

I have three requests for supplementary questions, and I intend to take all three.

Neil Bibby (West Scotland) (Lab)

The cabinet secretary will be aware of the dispute between the Paisley Art Institute and OneRen, which has resulted in the looming possibility of highly valuable local artworks being auctioned off next week. A number of constituents—including the artist Eilidh Montague, who has started a petition—feel passionately that artworks that have been gifted to Paisley should not be lost to the town, through either their sale or their being moved to Glasgow, as has been suggested. Once they are gone, they are gone. Will the Scottish Government look urgently and closely at the issue and offer to convene talks between the two parties to try to find a positive resolution?

Angus Robertson

I thank Neil Bibby for his question and for contacting me a number of days ago to highlight the issue, which is a matter of concern to him and to constituents who have raised it with him. I gave him an undertaking that I would raise the issue with senior Scottish Government officials in the culture directorate, so that we can better understand the circumstances that he has outlined to the Parliament. That work is currently being undertaken. I gave him a commitment that I would let him know, during the course of this week, what view we are able to take on the challenge that he has outlined to the Parliament. I intend to get back to him on the details and, if it would be appropriate, I would be content to update the Parliament in due course on progress on the issue.

I intend to work with Neil Bibby, as I have committed to doing, in the spirit in which he raised the issue with me. I very much welcome the way in which he did so.

Gordon MacDonald (Edinburgh Pentlands) (SNP)

The Labour Government’s austerity budget that is due in October is expected to have a substantial impact on the Scottish Government’s finances in the year ahead. Can the cabinet secretary provide further assurances that, despite the cuts that are coming from Westminster, the Scottish Government will continue to invest in the arts and culture sector? Will he provide an update on his latest engagement with the UK Government regarding future finances and the impact that its decisions will have on the Scottish Government’s spending plans?

Angus Robertson

As I said, it is a matter of fact that the Scottish Government has increased culture sector funding this financial year by more than £15 million, which is the first step towards achieving the First Minister’s commitment to invest at least £100 million more annually in culture and the arts by 2028-29. The commitment to additional funding comes despite the challenging budget situation, and it signals the Scottish Government’s continued confidence in the culture sector and the value that we place on it.

The Scottish budget continues to face significant challenges, and no additional funding was confirmed in the Chancellor of the Exchequer’s recent statement. As is normal practice, any consequentials will be confirmed, in early 2025, as part of the supplementary estimates process. The Scottish Government will, of course, continue to work with the new UK Government to seek clarity on any changes that might have an impact on funding in Scotland.

Rhoda Grant (Highlands and Islands) (Lab)

The Screen Machine, which is parked outside in Holyrood park, brings cinema to communities that would otherwise have no access to it, but, sadly, its future is under threat. Screen Scotland has provided funding to extend the current machine’s lease for two years, which is welcome, but it will take 12 to 18 months to build a new state-of-the-art machine, so the clock is ticking. A fundraising campaign has been launched to raise £100,000 from the public out of the £1.7 million that is required in total for the new machine. The campaign has support from Dame Judi Dench, Alan Cumming and Tide Lines. Without urgent intervention, our rural communities will lose their access to cinema, so what steps is the Scottish Government taking to ensure that that does not happen?

Angus Robertson

I thank Rhoda Grant for her question. The Screen Machine—which matters so much, particularly to our rural and island communities—is funded by Screen Scotland, which is funded by the Scottish Government. We support the retention of that vital lifeline cultural service to rural and island Scotland.

I commend Rhoda Grant for raising the fact that a fundraising drive is under way, and I encourage all members who are able to support and publicise the campaign to do so. As she did, I visited the Screen Machine outside the Scottish Parliament yesterday. I recommend that colleagues who have not yet visited it do so, because it is absolutely tremendous. I am seized of the need to ensure that the service remains in operation and that there is a replacement mobile cinema. With the help and support of colleagues across the chamber, I am encouraged that we can work towards that, which is a shared objective.


Youth Culture (Investment) (Cunninghame South)

To ask the Scottish Government how it plans to invest in supporting youth culture in the Cunninghame South constituency. (S6O-03719)

The Cabinet Secretary for Constitution, External Affairs and Culture (Angus Robertson)

The Scottish Government places great importance on cultural activity in the local community. We believe that young people of all backgrounds should have the opportunity to access quality cultural services in their local area.

The Scottish Government supports a range of organisations through Creative Scotland. In the Cunninghame South constituency, those include the Irvine and Dreghorn brass band and the music education partnership We Make Music libraries group, which caters to young people specifically. We also provide upwards of £190,000 in support for North Ayrshire Council’s highly regarded youth music initiative programme, which is based in Cunninghame and whose work reaches all schools in the local authority area.

Ruth Maguire

I welcome the fact that the Scottish Government is increasing funding for culture. Arts and culture are integral parts of a thriving community. This summer, I had the pleasure of visiting Impact Arts, where I saw at first hand the vital work that it does to provide artistic opportunities for young people, the positive impact that it has had on their wellbeing and the prospects that it opens up to them.

Does the cabinet secretary agree that money invested by the Scottish Government through Creative Scotland should be distributed across the country for the benefit of all, to ensure that the arts are developed for young people outside our main cities?

Angus Robertson

We know that it is vital to nurture culture and creativity across all of Scotland’s communities. The funding that we provide via Creative Scotland reaches individuals, organisations and projects across the whole of Scotland. For example, our long-standing investment—of more than £150 million since 2007—in the youth music initiative continues to support and empower young people in all of Scotland’s 32 local authorities. It allows young people to access music-making and learning opportunities, with every pupil being offered a year of free music tuition by the end of primary school.

Katy Clark has a supplementary question.

Katy Clark (West Scotland) (Lab)

There is no doubt that there have been significant cuts to youth services in recent years. To what extent does the cabinet secretary believe that it is the impact of cuts to councils, in North Ayrshire and elsewhere, that have led to reductions in services, including in arts and culture, that are targeted at young people?

Angus Robertson

I have just outlined a series of ways in which cultural provision is being delivered and protected in local authorities, including in the region that Katy Clark represents. If she has particular examples of cultural services that have been cut that I may not be aware of, I would be perfectly happy to take a look at that.

I am absolutely committed to ensuring that Scotland’s culture and arts agencies, which deliver in different ways, do so right across Scotland, and that young people—no matter where they are or what their background—are given the option of participating in cultural activities. I look forward to the member reaching out to me with any information that she may have.


Relations with European Union (Discussions with United Kingdom Government)

To ask the Scottish Government what discussions it has had with the UK Government about improving relations with the European Union, including on rejoining the single market and customs union. (S6O-03720)

The Cabinet Secretary for Constitution, External Affairs and Culture (Angus Robertson)

The Scottish Government’s long-standing position is that rejoining the single market and the customs union, at the earliest opportunity and as an independent country, represents the best future for Scotland.

Brexit has been and continues to be a disaster for Scotland. I have conveyed to the current UK Government that I welcome its intention to reset the relationship with the EU, and I have made it clear that we must do all that we can to reduce the harm of Brexit wherever possible. The Scottish Government will continue to advocate rejoining the European Union, given the huge benefits that that would bring, including access to the world’s largest single market and customs union—a customs union that is seven times larger than the United Kingdom.

Kevin Stewart

A decade ago today, people went to the polls to vote in the independence referendum. They had been told that, to protect our membership of the European Union, they had to vote no. That was not the case, and we found that out to our cost not long after.

Is it not fair to say that, if the UK had not made the disastrous decision to leave the EU, at an estimated cost to the economy of £40 billion per annum, the proposed £22 billion of cuts from the Labour Government might have been avoided entirely?

Angus Robertson

Kevin Stewart makes very good points. It is a statement of fact that the Scottish electorate was mis-sold in 2014. It was told that it should vote no to protect Scotland’s place in the European Union. Since then, we have been taken out against the democratic will of the majority of people in this country.

Independent research organisations and the Office for Budget Responsibility have been tracking the economic impact of Brexit since the referendum in 2016, when Scotland voted overwhelmingly to remain in the European Union. According to analysis by the National Institute of Economic and Social Research, the UK economy was 2.5 per cent smaller in 2023, and it expects that figure to rise to 5.7 per cent by 2035. That equates to around £69 billion in output and £28 billion in public revenues lost as a consequence of Brexit. That immense economic hole is a stark reminder of the price of Labour’s continued support for Brexit.


Built Heritage and Listed Buildings (Protection)

To ask the Scottish Government what work it is doing to enhance protection of the nation’s built heritage and listed buildings. (S6O-03721)

The Cabinet Secretary for Constitution, External Affairs and Culture (Angus Robertson)

I start by acknowledging Paul Sweeney’s long-standing interest in this area. The Scottish Government delivers support for the historic environment through sponsorship of Historic Environment Scotland, the lead public body for the protection and preservation of the historic environment.

As reported in its 2023-24 grants funding report, Historic Environment Scotland delivers more than £13 million of grant funding each year for the protection and promotion of the historic environment in projects across Scotland.

Paul Sweeney

The listed ABC venue on Sauchiehall Street was badly damaged in the second Glasgow School of Art fire in 2018 and it has lain derelict ever since. A planning application was recently submitted to build student accommodation on the site, but, within weeks, Glasgow City Council served a dangerous buildings notice on the property, slating it for full demolition. At no point was a conservation accredited engineer consulted to see whether at least the iconic entrance portico could be preserved and incorporated into the design of the new development. Similar situations have prevailed at the Ayr station hotel and, most recently, at the Hillhead Baptist church in the west end of Glasgow.

For the listing process to have the weight that it should have, at the very least, it should be a necessity to consult a registered conservation engineer before any green light is given to demolition. Will the Scottish Government consider the call of Save Britain’s Heritage to make it mandatory to seek the advice of a conservation accreditation register of engineers—CARE—accredited structural engineer before any planning authority authorises demolition works?

Angus Robertson

Paul Sweeney has raised a number of issues and sites that include planning matters. He will be aware that Scottish Government ministers need to be careful in relation to such issues, because of our quasi-judicial role.

He has raised the issue of the ABC, so it is on the public record and it is, no doubt, being looked at closely. He also raised the issue of Hillhead Baptist church. I am well aware of the detailed objection letter that he has publicised on his website and I know that there is still some time to run for objections to be handed in by constituents who might share his views.

On the issues that Paul Sweeney has raised that go beyond listing and so on, I will revert to officials and write to him with a substantive response, because we all agree that we want to make sure that our historic built environment is protected as much as possible.

Beatrice Wishart (Shetland Islands) (LD)

The nature of the materials that are used in historic and listed buildings means that they require traditional skills so that restoration and maintenance can be done sympathetically. What can the Scottish Government do on flexible learning opportunities for young people in island and rural areas, so that they can access and acquire those specialist skills, which would ensure that we have a pipeline of skilled craftspeople across Scotland to help to retain and protect heritage buildings?

Angus Robertson

The point that Beatrice Wishart raises is very apposite. I have often heard from colleagues with specific issues focused on stonemasonry, but other traditional skills are essential for us to maintain our historic and built environment. A lot of effort is going on behind the scenes to ensure that our places of learning at a variety of levels allow young people to accrue the skills that are necessary for those undertakings.

I will write to Beatrice Wishart to update her on that. If she has any specific issues relating to her constituency or others in the wider region, I would be keen to hear from her on that.


Public Libraries (Support)

To ask the Scottish Government how it plans to support the retention of Scotland’s public libraries. (S6O-03722)

The Cabinet Secretary for Constitution, External Affairs and Culture (Angus Robertson)

Scottish Government officials work closely with the Scottish Library and Information Council, which provides leadership and advice to Scottish ministers, local authorities and the wider libraries sector.

In 2022-23, 2023-24 and 2024-25, we provided funding of £665,000 to the SLIC in recognition of the importance of our public libraries and as an expression of our support for the excellent services that libraries provide. That is on top of the Scottish Government’s general revenue funding to local authorities and includes the public library improvement fund, which supports creative, sustainable and innovative public library projects throughout the whole of Scotland.

Richard Leonard

I thank the cabinet secretary for his reply. Since the Government came to power, spending on our public libraries is down, book stocks are down, the number of library staff is down, and more than 120 public libraries have closed for good. Does the cabinet secretary accept that libraries matter, that they are a vital part of our children’s education, that they combat social isolation, that they can help to regenerate our towns and cities, that they represent a world beyond the market—a safe space, run not for profit but for enlightenment—and that, in a digital society, libraries are not needed less but are needed even more? If he does accept that, what does the Government intend to do about it?

Angus Robertson

I agree entirely with everything that we just heard about the importance of libraries for both individuals and communities. That is why—Richard Leonard heard my initial answer—the Scottish Government has committed the resources that it has committed to protect and support the provision of library services across Scotland. There is also an onus on local government to maintain provision—he knows that as well I do—and we need to work in partnership to ensure that we maintain libraries as a service the length and breadth of Scotland.

If Richard Leonard wishes to highlight any particular issues, I ask him to get in touch with me. Perhaps at the next vote on the Scottish Government’s budget he might wish to exercise his vote to support the resources that are being put into libraries.

I hope to take all three requests for supplementary questions, but I need co-operation in the form of brief questions and brief answers.

Clare Haughey (Rutherglen) (SNP)

Local authorities have a statutory duty to provide adequate public library services, and the Labour administration of South Lanarkshire Council is overseeing the closure of three libraries in my constituency in Cambuslang, Halfway and Blantyre, which represents 75 per cent of the main libraries in my constituency. That is happening despite residents’ deep concern about the impact that the closures will have.

Does the minister agree that it is crucial that local authorities maintain the strategic overview of library services, even if they are commissioned by arm’s-length bodies, and that meaningful consultation with communities must precede any service changes?

Angus Robertson

Given the rhetoric that we heard a moment ago, it is very disappointing to hear that Labour local authorities, such as Clare Haughey’s own, are cutting library services and closing libraries. Public libraries in Scotland are devolved to local authorities, and they have a statutory duty to ensure that there is adequate provision of library services for residents. However, the Scottish Government recognises the significant financial pressures and community-level impacts that flow from 14 years of Westminster austerity. The Labour Government has confirmed that it is to continue that austerity, with £22 billion-worth of public spending cuts.

With all roads leading back to Westminster, as we hear and as the Labour Government acknowledges, the First Minister has been clear that we need an injection of investment in our public services, not more cuts.

Alexander Stewart (Mid Scotland and Fife) (Con)

SNP Government cuts have led to a 14 per cent reduction in Scotland’s public libraries, with the public library improvement fund addressing only a fraction of the funding problems that they face. What specific action will the cabinet secretary take to address the on-going impact of those cuts, beyond the scope of that fund?

Angus Robertson

I will tell you what, Presiding Officer, I am certainly not going to take any lessons on supporting public services from the party of austerity. It really does take a—[Interruption.] It really does take—[Interruption.] It really does take a brass neck—[Interruption.]

Mr Stewart! Cabinet secretary—please resume.

Angus Robertson

It really does take a brass neck to do that, and no matter how much one shouts on the issue, it does not get us beyond the fact that it was the UK Conservative Party that implemented austerity. The impact on public spending has been felt the length and breadth of the UK, including Scotland, so I encourage Alexander Stewart to recant on the austerity that his party has been responsible for and to, at least, acknowledge that that might have some impact on the level of public funding in the UK—not least in England, where, under his party’s responsibility, cuts to the Department for Culture, Media and Sport have been vast.

George Adam (Paisley) (SNP)

Is it not the reality that since the Conservatives came to power in 2010, the number of UK libraries has fallen dramatically under the austerity agenda? What assessment has been made of the impact of Tory-led budget cuts on public libraries in Scotland, as well as of the future impact and consequences of the continued austerity measures that the Labour Party supports?

Angus Robertson

If people did not already understand, it is becoming ever clearer that the austerity politics—the reduction of and constraints on public funding in the United Kingdom—have an impact—[Interruption.] I do not understand why Conservative members are shaking their heads. That is a matter of financial fact. UK Government austerity is having a significant impact on public spending in Scotland, Wales and Northern Ireland. That is a fact.

It would be good if Conservative members and others at least recognised that austerity has an impact on public services, including libraries. I and my colleagues will not cease pointing that out to the Parliament and the public, given that that is why people voted to get rid of the Conservatives and believed that change was coming with Labour—which, sadly, it did not.

I can squeeze in question 7, but I need co-operation to have brief questions and answers.


Constitutional Policy and Strategy

7. Kenneth Gibson (Cunninghame North) (SNP)

To ask the Scottish Government, regarding any impact on the development of its constitutional policy and strategy, what its position is on whether the promises made by the leaders of the three main United Kingdom unionist parties prior to the 2014 independence referendum, known as the vow, have been kept. (S6O-03723)

The Cabinet Secretary for Constitution, External Affairs and Culture (Angus Robertson)

Following the Smith commission, the Parliament received some additional powers—far less than what was promised 10 years ago in the lead up to the independence referendum.

We have used those powers to improve the lives of the people of Scotland. However, the last UK Government demonstrated that Westminster could block those powers at the drop of a hat. We know that the United Kingdom Internal Market Act 2020, breaches of the Sewel convention and interventions in devolved policies and spending are evidence of that.

There is now an opportunity for the current UK Government to address the damage that its predecessor inflicted. We stand ready to work with it to reset the relationship, and to protect and enhance the powers of this Parliament.

Kenneth Gibson

A decade on, in budget terms, the Scottish Parliament has no control whatsoever over VAT; national insurance; corporation tax; inheritance tax; fuel, tobacco and alcohol duty; and so on, yet Rishi Sunak, Alister Jack and Ian Murray, who is the new Secretary of State for Scotland, preposterously described the Parliament as

“the most powerful devolved Parliament in the world.”

Does the cabinet secretary agree that the Parliament’s powers pale in comparison to those of the states in the United States, German Länders, Swiss cantons, Canadian provinces and Australian states, all of which have constitutionally embedded rights and sweeping powers over taxation and spending? That is not to mention British Crown dependencies such as the Isle of Man, Jersey and Guernsey.

Angus Robertson

Kenneth Gibson is absolutely right: perhaps that will end the nonsensical claims to the contrary by some members of the Parliament.

With the limited powers that were handed to the Scottish Parliament under the Smith commission, the Scottish Government has made a real difference in areas where Westminster has not. Policies that Social Security Scotland administers, such as the Scottish child payment, are helping to keep an estimated 100,000 children out of poverty in Scotland.

There is a growing demand for further devolution of powers to Scotland in areas including employment rights, immigration and drugs law, based on the understanding that the Scottish Government can legislate only with the best interests of the people of Scotland at heart. The same cannot be said for Westminster.

The Deputy Presiding Officer

Question 8 has not been lodged.

That concludes portfolio questions on constitution, external affairs and culture, and parliamentary business. There will be a short pause before we move to the next portfolio to allow front-bench teams to change positions.


Justice and Home Affairs


Police Scotland (Officer Numbers)

To ask the Scottish Government what assessment it has made of police service strength, in light of the decrease in Police Scotland’s officer numbers. (S6O-03725)

The Cabinet Secretary for Justice and Home Affairs (Angela Constance)

It is important to recognise that the recruitment of police officers is a matter for the chief constable. Nonetheless, despite the deeply challenging financial circumstances, our budget settlement for 2024-25 for Police Scotland includes an additional £75.7 million to protect front-line policing.

As the chief constable confirmed to the Criminal Justice Committee, that budget settlement will enable Police Scotland to bring officer numbers up to around 16,500 to 16,600. It should be noted that Police Scotland has welcomed more than 690 new officers since March and more than 1,280 new recruits since the beginning of 2023, with further intakes planned throughout this year. Police Scotland is set to take on more recruits this year than at any time since 2013.

Tess White

The number of female probationers in Police Scotland has nosedived by almost a third since 2021. A damning independent report into the force’s so-called equality, diversity and inclusion activities was quietly published by Police Scotland last month. It found

“pervasive attitudes of misogyny and sexism across all areas and divisions.”

It also describes

“a hostile environment for women who may choose to leave their careers early.”

The Scottish National Party Government cannot look the other way, and alarm bells are ringing. How will the Scottish Government hold Police Scotland to account, to ensure that it creates a safe space for female employees?

Angela Constance

First, it should be acknowledged that this Parliament decided on the basis of the separation of powers and, therefore, decided that it is for the Scottish Police Authority to hold Police Scotland and the chief constable directly to account.

On the substantive issue that Ms White raises about the decreasing number of female probationers, I share that concern. I was pleased when Police Scotland opened up its site in Jackton as another recruitment centre in addition to Tulliallan. The member may be aware that Tulliallan is a residential training facility for probationers. The purpose of Jackton is to allow people to train to be police officers on a non-residential basis. I hope that that will help to increase the diversity of the workforce.

I also point to the work that Lady Elish Angiolini undertook on the cultural aspects that the member raises and the progress that we have made in implementing the non-legislative recommendations with regard to that important work. We have embarked on and have just passed stage 1 of the Police (Ethics, Conduct and Scrutiny) (Scotland) Bill, which is all about culture.

Members have a number of supplementary questions.

Audrey Nicoll (Aberdeen South and North Kincardine) (SNP)

The reality remains that the decisions that the United Kingdom Labour Government has made in the short time since it came to power will fundamentally damage our ability to deliver public services in Scotland. Public services need investment, as Scottish Labour frequently reminds us, and we cannot cut our way to more police officers. What assessment has been made of the threat that continued Westminster austerity poses to vital public services such as our police service?

Angela Constance

In the face of financial challenges, this Government has made it clear that we will provide support where it is needed most, including through our public services such as policing. We all know that Labour austerity is as damaging as Tory austerity when it comes to public service cuts. Ahead of its autumn budget, we have again called on the UK Government to ensure that it prioritises investment in public services and infrastructure, because we know from experience that yet more Westminster austerity is not the answer that public services such as policing require, and they must be protected.

Russell Findlay (West Scotland) (Con)

Up to 500 police officers are called to court every single day, but many of them end up not giving evidence. Criminal trials conclude much more quickly when there is footage from body-worn cameras, but most of Scotland’s officers still do not have that basic kit. Does the cabinet secretary agree that its full and speedy roll-out is critical to improving policing strength in Scotland?

Angela Constance

Yes, I do. That is why this Government—despite having our capital budget cut in real terms by nearly 9 per cent—ensured that the capital budget for Police Scotland for this financial year increased by 12.5 per cent.

I am pleased that Police Scotland has announced that the contract with Motorola is now signed. I am also pleased with the update that the chief constable gave to the Scottish Police Authority. It should be welcomed that, by spring next year, the first tranche of more than 10,000 body-worn video cameras will be rolled out, with the roll-out period continuing over the forthcoming 12 months. The chief constable will provide updates not only to the Scottish Police Authority and the Scottish Government but to the Criminal Justice Committee.

Katy Clark (West Scotland) (Lab)

From January 2022 to July this year, more than 1 million 101 calls were missed because the caller was disconnected or simply hung up. In June 2023, 41 per cent of all calls went unanswered. The longest a successful caller had to hang on was an hour and 23 minutes. What is the cabinet secretary doing to address that inadequate service?

Angela Constance

It is important for me to say that the Government has challenged the statistics that the member quoted. We try to do that in the lines that are issued to the newspaper concerned. I am happy to follow that up in more detail with Ms Clark.

It is also important to recognise that, in an emergency, people should, first and foremost, call 999, which has a good record of meeting its obligations within the 10-second window. However, in general, there is always more to do. People can contact Police Scotland in a number of ways, such as via email if that is appropriate. Obviously, 101 is not an emergency service. It is important to underline that 999 is the emergency service.


Introduction of Domestic Abuse Register

To ask the Scottish Government what its response is to reports of senior lawyers seeking the introduction of a domestic abuse register. (S6O-03726)

The Minister for Victims and Community Safety (Siobhian Brown)

The Cabinet Secretary for Justice and Home Affairs and I are happy to consider any innovative policy intervention that furthers our commitment to do more for victims of domestic abuse, including considering how it would interact with existing initiatives.

Pam Gosal will be aware that the disclosure scheme for domestic abuse Scotland provides individuals with the right to ask the police about a partner’s background if they suspect a history of domestic abuse. It also enables Police Scotland to tell people that they may be at risk even if that information has not been asked for.

Pam Gosal

My proposal for a domestic abuse register has received cross-party support and the backing of many charities and organisations. Now, Thomas Ross KC has spoken movingly about the difference that a register could make. He says that it could prevent attacks and keep people safe.

There were 62,000 domestic abuse incidents last year. That is horrific and it needs to change. What is the minister waiting for? Should the Government not act now and agree to introduce a register immediately?

Siobhian Brown

I know that Pam Gosal is passionate about the subject. Violence against women is a fundamental violation of human rights, and the Scottish Government recognises that.

The Scottish Government is aware that the Scottish Conservatives’ paper “United Against Violence: An all-Scotland approach to tackling domestic abuse” includes the member’s proposal for a domestic abuse prevention bill. I met the member prior to the consultation on the proposal going out. We await more operational detail and are not able to commit to something without seeing the full details, which I am sure Pam Gosal will appreciate. However, as I said in my first answer, we are happy to consider any proposals that make the lives of the victims of domestic abuse easier.

Rona Mackay (Strathkelvin and Bearsden) (SNP)

It was welcome that the Scottish Government’s programme for government affirmed that steps would be taken to ensure that the equally safe delivery plan continues to be implemented. Will the minister speak to the funding that is being provided and how the plan will help to prevent and eradicate violence against women?

Siobhian Brown

Front-line services on violence against women are crucial to ensuring the safety of, and support to, survivors. We are investing record levels of funding to support people through a range of front-line specialist services.

Our equally safe strategy is aimed at preventing and eradicating violence against women and girls and is focused on early intervention, prevention and support. It is backed by £19 million of annual funding from our delivering equally safe fund, which has supported 121 projects from 112 organisations since October 2021.


His Majesty’s Prison and Young Offenders Institution Stirling

3. Mark Ruskell (Mid Scotland and Fife) (Green)

To ask the Scottish Government when it last met with the Scottish Prison Service to discuss the findings of His Majesty’s Inspectorate of Prisons for Scotland’s report on the full inspection of HMP and YOI Stirling. (S6O-03727)

The Cabinet Secretary for Justice and Home Affairs (Angela Constance)

I welcome the inspection report from HMIPS, and I am encouraged to hear that HM chief inspector of prisons believes that Scotland is leading the way when it comes to managing women in custody. During my visit to HMP and YOI Stirling last month, I saw first hand the profoundly positive impact that the establishment is having on women in custody.

Although the chief inspector highlights many areas of good practice, the SPS acknowledges that there is always room for learning and improvement. Through my regular discussions with the SPS chief executive, Teresa Medhurst, I am aware that the Prison Service is working to build on the positive tone of the chief inspector’s report.

Mark Ruskell

We know and acknowledge that community-based, trauma-informed facilities are key to breaking those cycles of pain and reoffending and that that remains at the heart of the new facility at HMP Stirling and the excellent work that goes on there.

That said, this recent report from the inspectorate confirmed what my constituents have been saying for over a year, which is that major design flaws at HMP Stirling have caused protracted issues with noise that have been distressing for people living both inside and outside the prison. Can the cabinet secretary update me on what lessons have been learned to ensure that future facilities do not have the same mistakes built into them? Can she assure me that the SPS will provide a clear timeline on the delivery of noise mitigation measures at HMP Stirling as soon as possible?

Angela Constance

I am aware that Mr Ruskell most recently met the deputy chief executive of the SPS on 11 September, and I am also aware that the Prison Service, residents and local councillors met in the establishment to discuss the noise issue. I reassure Mr Ruskell and indeed other members that I continue to discuss the issue with the chief executive, because it is in everybody’s interest that it is resolved.

When the new prison was being built, the old one had to remain in operation. I know that the Prison Service is focused on timelines, in addition to the interpersonal interventions that it makes to support women to reduce the noise. The service is also liaising with engineering professionals and acousticians. It is awaiting a formal report from the acousticians, and it is also liaising with the local authority environmental health team, as well as residents, because we all want this to be resolved.

Thank you. There are a number of supplementaries.

Jackie Dunbar (Aberdeen Donside) (SNP)

Can the cabinet secretary provide details on how the Scottish Prison Service strategy for women in custody, supported by significant investment from the Scottish Government, has changed how we support the rehabilitation of women in prison?

Angela Constance

The SPS strategy for women in custody represented a step change in the way that Scotland views and treats women in custody by considering their very likely experience of adversity and trauma. The opening of HMP Stirling was a key milestone for the strategy to care for women, representing a third new facility built specifically for women in custody and demonstrating an unprecedented period of investment to support women in custody.

The innovative and groundbreaking women’s facilities help to create a culture that is founded on positive relationships, trust and self-worth. By delivering a range of offending behaviour programmes, other therapeutic interventions and holistic wellbeing services, the SPS has created an environment that fosters change and supports women on their rehabilitative journey.

Pauline McNeill (Glasgow) (Lab)

On my last visit to HMP Stirling, I was made aware of some women offenders who have psychiatric conditions; the prison is not equipped to deal with them. That seems to be the key reason why the local people that Mark Ruskell mentioned are experiencing shouting from the prison.

I am also aware that the Government has responded to questions that I and others have raised about Carstairs hospital having no female places. In view of that, is the Scottish Government assessing the various needs of women offenders serving a sentence who require specialist psychiatric services?

Angela Constance

I am pleased to advise the member that I work closely with health colleagues. As a former prison social worker, I am very clear about what prison care and custody provides and what it does not. I am also a former hospital social worker at the Carstairs State Hospital. We are planning for high-secure provision for women in the state hospital. The Minister for Social Care, Mental Wellbeing and Sport met relevant health board chief executives in April to discuss that proposition. Although the work is at a very early stage, we are absolutely committed to working with health boards to improve access for women to forensic mental health services. We will continue to do that as the longer-term proposition at the State Hospital is developed.

Alexander Stewart (Mid Scotland and Fife) (Con)

HMP YOI Stirling’s inspection report found positive aspects of good practice at the prison, but a number of design flaws were indicated. We all already know about the issues that that has created for the neighbourhood, including noise. What action will be taken to mitigate as far as possible the difficulties that the residents are facing and the impact that the prison is having on their community?

I say to Mr Stewart and others who have advocated on behalf of the residents that every action will be taken. I will continue to liaise closely with the Prison Service on the matter.


Antisocial Behaviour (Lothian)

To ask the Scottish Government what action it is taking to tackle antisocial behaviour in Lothian. (S6O-03728)

The Minister for Victims and Community Safety (Siobhian Brown)

We support Police Scotland and local authorities to continue to invest in prevention, early intervention and diversionary activities to reduce antisocial behaviour. A wide range of powers are available to Police Scotland, and it is best placed to lead on addressing those issues locally, ensuring that there is an appropriate response to the issues and circumstances in which the behaviour is taking place.

I recognise that antisocial behaviour can be complex. An independent working group on antisocial behaviour is examining our strategic approach to it. The group is undertaking widespread engagement to deliver its report later this year. We have committed in the programme for government to act on the group’s recommendations.

Sarah Boyack

I welcome the minister’s response. I alert her to the fact that recent reports have shown that antisocial behaviour has had a major impact on local communities, which includes Lothian Buses pulling services due to an increase in antisocial behaviour. In West Lothian, there has been an increase of 12 per cent in antisocial behaviour, including vandalism and breach of the peace.

I welcome the fact that the minister is putting together a working party, but does she accept that communities need support now to tackle antisocial behaviour? Does she accept that—because local authorities are underresourced, which has had an impact on youth groups and community spaces—many young people in Lothian simply do not have the options, opportunities and support that they need? Can the minister tell us exactly what is going to happen to tackle the underlying issues that create antisocial behaviour in the first place?

Thank you. I think that the minister has got your drift.

Siobhian Brown

First of all, such behaviour is absolutely unacceptable. Everyone has a right to feel safe in their communities. I completely condemn all such behaviour and urge anyone with information of such incidents that have taken place recently in Lothian to contact the police.

I am aware that East Lothian currently has two multi-agency groups that are focused on tackling antisocial behaviour, which are the antisocial behaviour overview group and the weekly tasking and co-ordinating group. I am also aware of a collaborative approach with Police Scotland and local authorities. I have visited one of those groups in East Lothian to see the work that those individuals do to tackle antisocial behaviour. A lot of work is currently happening in that area.

Foysol Choudhury (Lothian) (Lab)

I have been contacted by businesses, residents and visitors in Leith, Edinburgh regarding escalating issues of antisocial behaviour outside Newkirkgate shopping centre. It is becoming a common occurrence for assaults to take place and for needles to be left lying on the ground. Although the joined-up approach as set out in the review on antisocial behaviour is necessary, short-term action must also be taken. Can the minister advise how the Scottish Government is empowering the police to stop antisocial behaviour as it happens?

Siobhian Brown

We recognise that there is no quick fix to tackle and prevent antisocial behaviour. That is why, having seen the projects that I just mentioned to Sarah Boyack, I am strongly supportive of partnership working and delivering positive outcomes. I have also asked for the Scottish Community Safety Network to look at promoting best practice in partnership, working for the benefits of all local authorities. Police Scotland is also involved in all those groups to tackle antisocial behaviour.


Sam Eljamel (Discussions with Police Scotland)

To ask the Scottish Government what discussions it has had with Police Scotland regarding possible criminal charges against the former NHS Tayside surgeon, Sam Eljamel. (S6O-03729)

The Cabinet Secretary for Justice and Home Affairs (Angela Constance)

Scottish Government officials met Police Scotland in June to discuss the establishment of the public inquiry and other developing work. As there is currently an on-going Police Scotland investigation into the practices of Mr Eljamel, it would not be appropriate for the Scottish Government to comment further.

Michael Marra

Last week, Pat Kelly and Jules Rose, two victims of Eljamel and tireless campaigners for justice for all victims, staged a protest outside the Dundee police headquarters. Their protest marked six years since complaints were lodged regarding former NHS Tayside surgeon Sam Eljamel. Police officers have spent a decade fighting for justice. The content of the case is not a matter for the cabinet secretary, but the performance of our police is. Surely the cabinet secretary cannot believe that a six-year delay is in any way acceptable.

Angela Constance

I know that Mr Marra and others, in particular Liz Smith, have diligently advocated on behalf of former patients of Mr Eljamel. I am also aware of the representations that those campaigners and those who were impacted have made to Police Scotland, and I acknowledge the timeframes that were referenced by Mr Marra. If I may, I will point to the public statement that Police Scotland made, which said:

“This is an extremely complex investigation which is being investigated by specialist officers from the Major Investigation Team. Enquiries remain ongoing and we continue to work alongside partner agencies.”

Liz Smith (Mid Scotland and Fife) (Con)

A year ago, at First Minister’s question time, I asked the then First Minister, Humza Yousaf, whether the Scottish Government would consider a victim support fund for the patients, not least because of the delays that Mr Marra has just cited. I need not repeat to the chamber the fact that those patients are undergoing terrible physical and mental problems. Will the Government please continue to support them?

Angela Constance

The very last thing that I would do to Liz Smith or, indeed, to victims is stand here and make promises that I might or might not be able to keep, so I say to her that I would be more than happy to discuss the matter with her in further detail.

I advise members that we have three more questions to get through and less than eight minutes in which to do so. Questions and answers must be succinct, and we will see what we can do.


E-bikes and E-scooters (Illegal Use)

6. Sue Webber (Lothian) (Con)

To ask the Scottish Government whether it will provide further details of what it is doing to ensure that Police Scotland has enough officers to deal with antisocial behaviour resulting from the illegal use of e-bikes and e-scooters. (S6O-03730)

The Minister for Victims and Community Safety (Siobhian Brown)

The Scottish Government’s budget for 2024-25 includes record police total funding of £1.55 billion, which is an increase of £92.7 million on the previous year. That funding will allow the chief constable to develop her plans to deliver on her commitment to strengthen the force through the revised model of policing, including enabling the service to restart recruitment and increase office numbers.

Police Scotland has welcomed more than 690 new officers since March this year, and more than 1,280 new recruits since the beginning of 2023. Further intakes are planned throughout this year.

It is important to reiterate that deployment of those resources is an operational matter for Police Scotland. However, I remind the chamber that it is presently illegal to use an e-scooter on public roads, footpaths or cycle lanes in Scotland.

Sue Webber

The latest official statistics show that Scotland has the lowest number of officers in at least 17 years. Meanwhile, recorded crime is rising and we are repeatedly told that Police Scotland is underresourced and overstretched. At the same time, I hear repeated reports of havoc being caused by the misuse and illegal use of e-bikes and e-scooters—I even saw an e-skateboard the other day. People in my region have reported being frightened by masked gangs using those vehicles and have detailed significant concerns for their safety, with little action being taken.

Other than the financial support that the minister has outlined, what more can the Scottish Government do to protect communities and to punish those who choose to cause trouble with those illegal vehicles?

Siobhian Brown

We share the member’s concerns and those of the public regarding the antisocial behaviour that can be associated with those vehicles, which might be used illegally and are a safety risk not just to the public and other motorists but to the riders, as well as to the police.

As Sue Webber is no doubt aware, the legislation that governs the registration of off-road vehicles is reserved to the United Kingdom Government. We fully support Police Scotland and its partners in dealing with illegal and irresponsible use.

Local policing teams are best placed to use intelligence and engage with communities to identify where misuse of such vehicles is causing concern, and that ensures that those hotspot areas can be prioritised to prevent future instances and deal with those who are engaged in the misuse of vehicles.


His Majesty’s Prison Highland (Cost and Completion)

7. Edward Mountain (Highlands and Islands) (Con)

To ask the Scottish Government whether the new HMP Highland will be completed by 2026 without further exceeding the reported current cost overrun of £157 million, which is a 300 per cent increase compared with the original cost. (S6O-03731)

The Cabinet Secretary for Justice and Home Affairs (Angela Constance)

Following the award of the construction contract for HMP Highland in April this year, the construction is progressing to plan on site and is scheduled to be complete in 2026, within the reported budget.

Early estimates of cost were made more than a decade ago, before a design and a site had been identified. Since then, years of inflation and changing economic conditions have impacted on the price.

Edward Mountain

I am pleased to hear that the prison might be completed on time, although I am still not sure whether to believe that.

What steps will be taken to ensure that, when it is completed, prison accommodation will be available for female prisoners?

Angela Constance

I am glad to hear that Mr Mountain is now advocating for the delivery of that much-needed new establishment for the Highlands. I was made aware recently that he opposed the original site at Milton of Leys, which would not have helped with timescales but, nonetheless, he has his democratic rights.

The point that he raises about female prisoners is important, given the geography of the Highlands. There will be provision to accommodate a small number of women at the site.

Edward Mountain

On a point of order, Deputy Presiding Officer. I think that the minister was disingenuous when she responded to my question. I opposed the site at Milton of Leys, which is not where the prison is being built. Will the minister correct the record to say that I did not oppose construction of a Highland prison? I have been supporting it since 2006.

The Deputy Presiding Officer

I thank Mr Mountain for his contribution; the matter is noted.

Time is tight this afternoon, so we will have to conclude portfolio questions on justice and home affairs. I apologise to the member whose question was published in the Business Bulletin that I was not able to call her question, and to a member who sought to ask a supplementary question.

There will be a short pause before we move on to the next item of business to allow the front-bench teams to change positions.