Official Report 1168KB pdf
Justice and Veterans
Good afternoon. I remind members of the Covid-related measures that are in place. Face coverings should be worn when moving around the chamber and across the Holyrood campus.
The first item of business today is portfolio questions, and the first portfolio is justice and veterans. If a member wishes to request a supplementary question, they should press their request-to-speak button or indicate so in the chat function by entering the letter R during the relevant question.
Police (Response to Mental Health-related Incidents)
To ask the Scottish Government how it is supporting local police forces to respond to mental health-related incidents. (S6O-00756)
As a first responder, Police Scotland collaborates with local health boards, NHS 24, the Scottish Ambulance Service and others to support those in distress. The Scottish Government has invested £1.1 billion for national health service boards and integration authorities in response to the pandemic. That includes putting £6 million towards additional telephone and online support services. In addition, £2.1 million was provided to expand the NHS 24 mental health hub so that it could be available to the public 24 hours a day, seven days a week. Police Scotland collaborated with NHS 24 to develop a mental health pathway, allowing police call handlers to provide a streamlined journey for people experiencing poor mental health and to direct callers to the mental health hub.
I thank the cabinet secretary for that answer. A chief inspector in my region highlighted the changing nature of modern policing, with mental health-related incidents posing one of the biggest challenges to the force. Some cases take up to eight hours to deal with.
Violent crime is on the rise, there are fewer police officers patrolling the streets than at any time since 2009, and the Scottish Government has made a real-terms cut to the capital budget. Will the cabinet secretary express his support for a local policing act, so that local police have the capacity to respond to rising crime on the streets?
In my view, the police have the capacity to respond to crime on the streets, and they respond extremely well, as evidenced by some of the lowest crime rates that we have seen in Scotland for many years. The police are very much used to dealing with people in a distressed state and are very much trauma informed in their response. We are trying to ensure that that is the case across the justice system, and I think that they have done a very good job.
In relation to the capital budget, I note that the Conservatives proposed no amendment to the budget, so they proposed no additional funds—either capital or resource—for the police. I assume from that that the Conservatives support the increased levels of expenditure that we have provided to the police.
On police numbers, I simply point out that we have around 32 police officers for every 10,000 people in Scotland, whereas there are 23 police officers for every 10,000 people across the border. We have increased police numbers since we formed the Scottish Government, whereas the Government that the member supports has reduced police numbers by 17,000—and it is now trying to row back from that. We have a very good record, and we are very supportive of the police.
It is worth pointing out that decisions about the disposition of police forces are a matter for the chief constable. I would hope that the member would support that.
How will the trauma-informed approach that is set out in the newly launched document “The Vision for Justice in Scotland” be embedded within Police Scotland? For example, are there any plans for training in that area?
That is a very good question. I refer to my comment about trying to ensure that the whole justice system is trauma informed. As I am sure the member, as convener of the Criminal Justice Committee, knows, Police Scotland has made a pledge under the NHS national trauma training programme to support our communities, especially those people who are identified as being vulnerable and at risk. The police do that in their daily working practices, liaising closely with national and local partners.
On the specific issue of training, Police Scotland has worked to integrate trauma-informed practices in many key areas of business, and it has adopted the use of NHS Education for Scotland materials. That includes specialist training for detectives and custody officers. It has also committed to providing specific training to all probationary officers as part of the initial training programme.
Two years ago, more than a third of police officers reported that they repeatedly went to work when they were mentally unwell. Ministers at the time said that they were “very satisfied” with the mental health support that was in place. Following additional findings last year, the First Minister said that she “fully supported the efforts.” However, this week, the Scottish Police Federation said that there had been
“no tangible response other than to arrange a meeting in the past few weeks.”
Does the cabinet secretary really think that that is enough?
At the root of the question that Willie Rennie asks is a serious point about the prevalence of mental ill health in Police Scotland. He referred to the situation two years ago. We know that, since then, additional pressures have built up, not least through Covid, but also through working patterns and non-holiday periods. People have had to work through holidays, and we know that there has been a lot of pressure as a result of the 26th United Nations climate change conference of the parties—COP26—and so on. Those things all mean that pressures have increased, and I acknowledge that.
However, it is not true to say that that has not been discussed with the Scottish Police Authority and the chief constable. I have discussed it myself with both the SPA and the chief constable, and I will discuss those issues, and related matters, with the Scottish Police Federation this afternoon. We take these matters seriously, and we are aware of the pressures on police officers. That is one reason why we have ensured that in Scotland, unlike in other parts of the United Kingdom, police officers have had a pay rise this year, and that we maintain police numbers, which can help to reduce the pressures on individual police officers.
Medical Cannabis (Guidelines on Prescriptions Sent by Post)
To ask the Scottish Government whether it will work with Police Scotland to provide clear guidelines on legal medical cannabis prescriptions sent to patients by post via Royal Mail. (S6O-00757)
Guidance was issued by the National Police Chiefs Council on the rescheduling of cannabis-based products for medicinal use in November 2018, and it was shared with Police Scotland. Only individuals who are in receipt of a valid prescription from a specialist clinician are able to legally possess a cannabis-based product for medicinal use. Individuals who have a prescription for those products can show that prescription to the police as evidence that they are entitled to the product. Police officers can also make inquiries with the prescriber to ensure that the product has been legally obtained.
Police in Shetland rely on the hard work of the charity Dogs Against Drugs to assist them in their work to tackle illegal drugs being brought into the islands, and they recently seized £25,000-worth of illicit goods. Nevertheless, while those dogs are clever, they cannot tell what is legal and what is illegal. That relates to what happened to one of my constituents recently, when his private prescription for medical cannabis was seized as a consequence of dog detection at Royal Mail’s sorting office.
Patients with a diagnosis and a legal prescription for medical cannabis want to ensure that they do not have any negative outcome, such as any sort of criminal footprint. Does the Scottish Government have any plans to help police officers to identify legal prescriptions by introducing a scheme to assist in that regard? Is the cabinet secretary aware of an existing scheme called Cancard, which could be used as another tool in the toolbox to enable police officers to better assess situations that they may face?
Again, Beatrice Wishart raises an important point. The Scottish Government does not support the Cancard system for a number of reasons; I am happy to correspond with her on that.
Beatrice Wishart is right to say that people who are in receipt of those prescriptions should have clarity about what the checks are. I am willing to write to Police Scotland to ask whether it wants to publicise the advice that it uses, which is issued by the National Police Chiefs Council, as the matter is reserved. I know that some of the issues that her constituent experienced were to do with the use of the Royal Mail. People should have clarity on what is likely to cause them issues. There is no need for a prescription at the Royal Mail stage, but when an issue is picked up by dogs, a prescription has to be used. There is a need for more clarity, and I am willing to write to Police Scotland to ask it if it is able to provide that clarity.
As one of the co-conveners, with Rona Mackay, of the cross-party group on medicinal cannabis, I ask the cabinet secretary whether the Government is opposed to any kind of scheme if it is not in favour of Cancard? The Cancard scheme was designed with the help of doctors and senior representatives of the Police Federation of England and Wales—admittedly, that is for the United Kingdom. We have had a very helpful response from Assistant Chief Constable Gary Ritchie on the issue. Would the cabinet secretary be prepared to meet with us and discuss something similar, so that a similar incident to that in Shetland does not happen again?
I am certainly happy to meet with members and consider that. The objections to the Cancard scheme come from the medical profession, at least in part, but I am happy to consider the point and write to both members with more information and, after that, to have a meeting to discuss it further.
Veterans (Support)
To ask the Scottish Government whether it will provide an update on what support is being offered to veterans across the country. (S6O-00758)
The member will be aware that the Scottish Government has given an annual update to the Parliament each year since 2017 on our support for veterans and the armed forces community in Scotland, accompanied by a published report. I thank the member for his contribution to that debate last year—and, I think I am right in saying, in previous years. We will provide a similar update in November this year. We also intend to publish a refresh of our veterans strategy action plan, detailing our commitments to the veterans and armed forces community in Scotland, during the first half of this year.
The Edinburgh lord provost’s commission on a strategy for our ex-forces personnel recently published a report on its work, which recognised that although progress has been made, there remains a long way to go in supporting our veterans.
Will the cabinet secretary use the findings of the report to inform both national and local policy, particularly in relation to housing, to support the transition from military to civilian life?
The Government is reviewing its veterans strategy action plan with a view to publishing a refreshed version during the first half of this year, so we will work with key stakeholders to determine the extent to which existing commitments remain valid and, of course, to determine where there is an opportunity to add to them.
We intend to consult with the local authority armed forces and veterans champions, not least Frank Ross, the lord provost of Edinburgh, whom the member mentioned. We will consider the views and the findings of the City of Edinburgh Council’s document, “The Strategy for our Ex-Forces Personnel” when developing a refreshed set of commitments to support veterans and the armed forces community in Scotland.
I commend Frank Ross for his work with veterans over a number of years.
Veterans Identity Card Scheme (Roll-out)
To ask the Scottish Government what its response is, regarding the impact on Scotland, to reports that the United Kingdom Government is unable to give a timescale for the roll-out of the second phase of the veterans ID cards scheme. (S6O-00759)
We believe that it is important that, should they choose to do so, veterans are able to easily identify themselves as such when accessing services. I urge the UK Government to press ahead with its plans to undertake a scoping study for the provision of digital verification of veteran status and I thank it for involving the Scottish Government in the recent discovery work for that project, which I think involved interaction with consultants. I encourage the UK Government to continue to work collaboratively to deliver a service that meets the needs of veterans across the UK as soon as possible.
Does the cabinet secretary agree with me that we all owe a debt of gratitude to our armed forces and veterans community and that an urgent commitment must be given to allow access to the scheme for all our veterans as soon as possible?
I agree with the member; veterans are assets to our society and the Scottish Government’s ambition remains to make Scotland the destination of choice for service leavers, wherever they come from, and their families. By doing that, we can offer high living standards, great job prospects, and a society that respects and values their contribution.
I repeat my encouragement to the UK Government to work collaboratively with us to deliver as soon as possible a veterans ID service that meets the needs of veterans across the UK.
Rape (Civil Damages Cases)
To ask the Scottish Government, in light of recent reports of the third successful civil damages case for rape, whether it will review the reasons why these cases were not prosecuted in the criminal courts. (S6O-00760)
I am grateful to Ms Clark for raising this important and topical issue.
In two of the three cases referred to, there were indeed criminal prosecutions prior to the civil proceedings. In those two criminal cases, the jury returned a majority verdict of not proven.
In the other case, a decision was taken that there could be no prosecution, as there was insufficient evidence and no reasonable prospect of securing a conviction. In 2017, that decision was fully reviewed by senior Crown counsel with no previous involvement. The review concluded that, looking at the evidence as a whole, the decision not to raise criminal proceedings was correct.
Thank you. Before I take any supplementaries, I remind members about the need to avoid going into detail about specific cases or speculating about the potential outcomes of any specific cases, otherwise they risk breaching any relevant court orders that may be applicable.
The standard of proof is obviously different in civil cases, but does the Solicitor General agree that, as a matter of policy, there should be a review of all case papers where a civil case is successful? Could she outline the policy on allowing private prosecutions? According to media reports, one of the women who is concerned is considering that course of action.
I should perhaps begin by making it clear that, of course, there is no necessary inconsistency between a decision not to prosecute or a failure to obtain a conviction in criminal proceedings, and success in civil proceedings. The decision maker is different: we have a jury in one case and a single judge or sheriff in others. The standard of proof is different: in criminal cases, guilt must be proved beyond a reasonable doubt, whereas, in civil cases, liability is decided on the balance of probabilities. Obviously, the rules of evidence and procedure are considerably more relaxed in civil cases than in criminal cases. For example, there is no requirement for corroboration in civil cases, and the rules in relation to hearsay are also much more relaxed.
I was asked about the policy in relation to successful civil cases. In the two cases in which proceedings had taken place, a review of the evidence led in the civil proceedings was carried out, and it was judged that that evidence would not have made any difference to the criminal case. In relation to the other case that has been touched on, following success in the civil proceedings and Lord Armstrong’s judgment, the then Lord Advocate ordered a further review to be carried out by independent Crown counsel. As I indicated, that review concluded that, looking at the evidence as a whole, the decision not to raise criminal proceedings was correct.
Denise Clair appreciates the need for the Lord Advocate to recuse herself from consideration of any private prosecution, due to her past representation of David Goodwillie. She is also grateful for the Solicitor General’s offer of a meeting. However, in the spirit of transparency, will the Solicitor General commit to sharing with Denise Clair the Crown’s 2017 review of the original decision not to prosecute?
I understand that the decision not to prosecute continues to cause great upset to Denise Clair and I am genuinely sorry that Ms Clair feels that she has not been provided with the relevant information.
I have been asked about disclosure of information. I understand that Ms Clair previously attended a meeting with prosecutors in 2011, and also that a letter was sent to her MSP in 2017, following the case review, in which a meeting was offered. I have already indicated to Mr Findlay that, if it would be of benefit to her, I would be very happy to meet Ms Clair in order to explain the reasons for the decision. I would also be keen to hear from Ms Clair about her experience in the criminal justice system, in order to assist the Crown Office with our on-going wider review into the prosecution of sexual offences.
The next question is from Rachael Hamilton, who joins us remotely.
Police Officers (Scottish Borders Command Area)
To ask the Scottish Government how many police officers are stationed in the Scottish Borders command area of the Lothians and Scottish Borders police division. (S6O-00761)
The information that Ms Hamilton requested is not held centrally by the Scottish Government. She has been a member of the Parliament for some years, so I am sure that she is aware that the recruitment and deployment of police officers and staff is a matter for the chief constable, who regularly reviews the size and shape of the policing workforce in light of changing demands.
Local police divisions have a core complement of officers who are always dedicated locally to community and response policing and who draw on specialist expertise and resources at a regional and national level. Current Scottish Government statistics show that we have about 32 officers per 10,000 of population. Just over the border from the Scottish Borders, there are 23 officers per 10,000 of population in England and Wales.
The Scottish National Party has cut officer numbers in the Lothians and Borders division by 59 since Police Scotland was formed, and my constituents are concerned that a reduced police presence has left the Borders exposed to rural crime. People who live in rural areas deserve to feel safe too, so I ask the cabinet secretary to back Scottish Conservative plans for a local policing act to increase transparency of rural officer numbers. Will he also meet me to discuss the need for an official marker in Police Scotland’s crime reporting system to record rural offences, to help to tackle rural crime?
I am always happy to meet members to discuss concerns. I did not catch the whole of the requested remit for the meeting, but I am happy to meet members.
In relation to backing anything that the Conservatives suggest, we must start from a position of agreed facts. The fact is that the Scottish Government has not cut police numbers by 59, as has been said. I mentioned—and I think that most people know and support this—that it is for the chief constable to decide the disposition of police forces. I point out the hypocrisy in attacking the level of police numbers in one area when, just over the border from that area, numbers are substantially lower. Although that area happens to be overseen by a Government of a different persuasion, it does not mean that the point should pass without comment.
What Rachael Hamilton says is an attack on the Police Service, because the Police Service, through the chief constable and the Scottish Police Authority, decides on the matter. Before the Tories revert to making an argument about budgets, I point out that they did not seek in Parliament to amend the police budget, even though they promised for many months that they would give more funding.
If we could start from a position of agreed facts, perhaps we could discuss what we can and cannot support in relation to Conservative initiatives. However, I reiterate that I am more than happy to meet Rachael Hamilton to discuss the issues that she is concerned about.
What discussions has the Scottish Government had with the Lothians and Scottish Borders police regarding their capacity to deal with reports of violent crime in the area?
We do not discuss such matters directly with the Lothians and Scottish Borders police—the discussions that I have are with the chief constable and the chair of the Scottish Police Authority, and sometimes through organisations such as the Association of Scottish Police Superintendents. Those discussions are based on the national police force that we have. I believe that the increased budget for police that we managed to agree this year goes a long way in helping the police to meet the demands of crime.
The levels of some crimes have increased—the member mentioned violent crime, although homicide numbers are down at an all-time low since records began in the 1970s. The situation is complex, but we provide the resources and discuss with the police the resources that are required to allow them to do that most important job of addressing any instance of crime in their area. That is discussed on a national basis rather than on the regional basis that the member mentioned.
Online Safety Bill
To ask the Scottish Government what discussions the justice secretary has had with the United Kingdom Government regarding the impact on Scotland of the online safety bill. (S6O-00762)
No finalised online safety bill has been published by the UK Government yet. Although there has been engagement between officials in the Scottish Government and those in the UK Government, I have not yet had any discussions with the UK Government about the impact on Scotland of its proposed bill.
Telecommunications is a reserved issue, but the Scottish Government has been taking important steps wherever it can to better protect people from abuse. Will the Government give an update on when the main provisions of the Defamation and Malicious Publication (Scotland) Act 2021 will come into force?
The member raises an important point. As he says, the Parliament has agreed legislation that will simplify and modernise the law on defamation, and I am pleased that the Scottish Government expects to lay commencement regulations in early May, which will bring the 2021 act into force this summer.
One of the proposals in the online safety bill is to be David’s law, which is named after Sir David Amess—a public servant who paid the ultimate price as a result of hatred. I hope that, in a spirit of co-operation, the Scottish Government will look favourably on any such proposal. I ask the cabinet secretary to ensure that his officials will work closely with UK Government officials on that element of the bill, to ensure that all public servants, irrespective of their political persuasion, are afforded the same rights against online abuse and hatred as everyone else outside this building has.
I agree that it was a deplorable and tragic act that led to the killing of Sir David Amess, and we would want to support anything that can lead to a situation in which such an appalling attack is less likely in the future.
Given that the bill has not been published, it is difficult to give any agreement at this stage. In fact, the UK Government has made a number of announcements that have changed the bill’s proposed content. However, I will look seriously and sympathetically at the bill—from what I have heard and from what I have seen reported in newspapers, it will have potentially productive elements. Scottish Government officials and I will engage with the UK Government on the issues.
Veterans (Legislation)
To ask the Scottish Government whether it will provide an update on what plans it has to introduce legislation to support veterans during this parliamentary session. (S6O-00763)
We regularly consider the extent to which introducing legislation is appropriate or possible. We continue to engage with the Ministry of Defence as it seeks, for example, to further embed the Armed Forces Covenant into legislation through the Armed Forces Act 2021, which received royal assent on 15 December 2021.
We worked closely with the MOD in advance of the legislation being introduced to ensure that the 2021 act would be fit for purpose in Scotland, and we continue to work with the MOD as it develops the statutory guidance. We are satisfied that the covenant provisions in the act do not fall within this Parliament’s legislative competence.
The cabinet secretary will recall that, on 7 December 2021, he said that 22 bills are planned for the justice and veterans portfolio. However, it is clear from freedom of information responses that the Scottish Government has no plans to go down the legislative route for veterans. Does that mean that the Government is now saying that it is not willing to use the devolved powers at its disposal to create a new top-up benefit for veteran households that are in receipt of universal credit?
Consideration of the latter matter would fall to Shona Robison, who is the cabinet secretary in charge of social security.
I have just answered the first part of the member’s question. We keep under continual review things that we might want to legislate on. Although that aspect does not feature in the 22 bills that the member referenced, we will introduce a number of other bills that do not feature in those 22 bills. It is possible that other bills might also be introduced. The party that the member represents has mentioned two or three bills that it wants to introduce, so the list of 22 bills is not exhaustive. As I said, we keep—and will continue to keep—under review the extent to which introducing legislation is appropriate or possible.
Rona Mackay has a brief supplementary question.
What mental health and disability support does the Scottish Government have in place to support veterans to live a healthy life and reach their full potential?
We are committed to ensuring that all veterans who live in Scotland can access the best possible care and support, including safe, effective and person-centred healthcare. We fund two veteran-specific mental health and wellbeing providers—Combat Stress and Veterans First Point. Additionally, each national health service board has an armed forces and veterans champion, who can offer veterans advice and guidance.
To return to the previous question, we have bold ambitions for new Scottish disability benefits, which come under the remit of the cabinet secretary who is responsible for that area. We have identified several ways to provide disabled people, including veterans, with a different experience when accessing the support to which they are entitled, which includes improving the application process, assisting applicants to gather supporting information from a professional to help make decisions and abolishing functional assessments.
The issue also impinges on a previous question and answer about identity cards, which would allow veterans to access services more easily. In addition, as part of the benefit take-up strategy, we will continue to engage with our seldom-heard groups, including veterans, to maximise take-up and to ensure that such voices are heard and considered in our policy work.
That concludes portfolio questions on justice and veterans. I will allow a short pause for front-bench teams to safely change seats.
Finance and the Economy
The next portfolio is finance and the economy. I again remind members that, if they wish to request a supplementary question, they should press their request-to-speak button or indicate so in the chat function by entering the letter R during the relevant question.
Coalfield Communities (Regeneration)
To ask the Scottish Government what impact the recent funding of £754,000 to the Coalfields Regeneration Trust will have on community-led regeneration in former coalfield communities across Scotland, including in the Uddingston and Bellshill constituency. (S6O-00764)
Our continued funding for the Coalfields Regeneration Trust is helping to create jobs, enabling more people to develop the skills and qualifications that can help them secure good work, build community capacity and improve health and wellbeing.
The trust continues to support all former coalfields communities including those in Lanarkshire through, for instance, the creation of community action plans in Croy, Chapelhall, Auchinloch, Rigside and Douglas Water, and Blantyre, which act as a catalyst for change.
In stark contrast to Mrs Thatcher’s heartless devastation of Scotland’s coal industry, which still blights many coalfield communities, including those in Lanarkshire, where I live, the recent Scottish Government budget commits at least £2 billion of the first multibillion-pound public and private investment that we need in this session of the Parliament to ensuring a just transition by investing in people and communities. Will the minister explain why he places such emphasis on the importance of workers, communities and industries across Scotland leading the wider plans to transform Scotland’s economy? How will those wider economic plans improve the standard of living for all our citizens, including the residents of the Uddingston and Bellshill constituency?
A just transition acknowledges that workers and communities have historically been on the front line of significant transitions, such as the unplanned and deeply unjust closing of coal mines, so they must have a say in how the changes are made. In Scotland, we will plan with industry, communities and our highly skilled workforce to secure a truly just transition to net zero. The Scottish Government believes that our efforts to deliver a just transition should also reduce child and fuel poverty because, fundamentally, the work is about using the transition to net zero to build a fairer, greener society for all. [Interruption.]
I hear a lot of chatting and sedentary interventions on the part of members. I did not receive one request for a supplementary on that question.
Brexit (Impact on Exports to the European Union)
To ask the Scottish Government what analysis has been undertaken of the impact of Brexit on exports from Scotland to the European Union. (S6O-00765)
The new trade arrangements with the EU mean more paperwork and higher costs for Scottish importers and exporters. Due to the end of the EU transition period, 55 per cent of exporters in the manufacturing industry report higher transportation costs, 42 per cent report higher costs due to red tape and 24 per cent report extra tariffs or taxes. In 2019, Scottish exports were growing consistently in all directions—to the rest of the United Kingdom, the EU and the rest of the world. We now have clear evidence that that is no longer the case due to Brexit, as Scottish trade in goods with the EU fell by 24 per cent in the latest year to quarter 3 2021, compared to the equivalent period in 2019.
The food and drink sector has been disproportionately affected in that regard. A recent study by Johnston Carmichael and the Food and Drink Federation in January this year showed that many Scottish food and drink suppliers plan to decrease or stop exports to the EU. The survey quizzed business leaders at some of the UK’s top food and drink businesses on how they were coping with increased costs, additional administration and bureaucracy a year on from the UK leaving the EU. What work is the Scottish Government undertaking with the food sector to retain and grow new markets in the EU despite the disaster of Brexit?
As the practical implications and challenges of the post-Brexit trading environment become clearer, the Scottish Government continues to work closely with partners to provide advice and support to food and drink businesses to help them to adapt, maintain competitiveness and take advantage of new opportunities. The Government supports companies to consolidate their market positions and rebuild their potential for innovation, capability building and developing new market opportunities.
With respect to food and drink, that is delivered through our support for the £4.5 million Scotland Food & Drink export plan, which harnesses public and private sector resources to help the industry to exploit the most significant opportunities for Scotland through a dedicated global team of in-market specialists in 10 key locations, including EU markets. The work of the export plan and the in-market specialists is aligned with the food and drink sector recovery plan and our export plan, “A Trading Nation—a plan for growing Scotland’s exports”. That mitigates the challenges of Brexit and Covid and is a vital initiative as markets around the world reopen following the pandemic.
I agree with the minister that creating barriers to trade following the break-up of economic partnerships is disruptive to the economy and costs jobs. I cannot agree with the Scottish National Party’s plan to repeat those Brexit mistakes by breaking up another economic partnership—the United Kingdom. Has the minister undertaken analysis of the impact of Scottish independence on exports from Scotland?
That perhaps took us a bit wider than the question that was in the Business Bulletin, but I am sure that the minister would be happy to respond.
Absolutely. Willie Rennie has gone down a rabbit warren here. We are well aware of the opportunities that will arise from Scotland being an independent nation. We will have the opportunity to trade with our European partners; the opportunity not to be held back by the economic vandalism of the UK Government with respect to Brexit; and the wide trading opportunities that will arise for exports. That will be a consequence of Scotland being an independent nation that can take our place along with other independent nations of the world and deliver the performance that the Scandinavian countries and other small countries in Europe have delivered, instead of being held back by and tied to a Westminster Government that does not have Scotland’s interests at heart.
As Willie Rennie well knows, analysis has been done on all those aspects, and it will continue to be done. In the very near future, when we get to the point of the independence referendum, which will deliver a yes vote, as part of the campaign for that, we will of course provide full information on the economic prospectus and the positive impact that independence will have for Scotland’s businesses.
Freeports
To ask the Scottish Government how it will apply fair work and net zero criteria to the freeport developments with the United Kingdom Government. (S6O-00766)
Fair work and net zero are central to our ambition for Scotland’s green ports. We will apply fair work and net zero criteria at three stages of the process. Currently, we are finalising the prospectus for applicants, and we will ensure that it is clear about the Scottish Government’s expectations in respect of fair work and net zero. We will scrutinise all bids for evidence of a commitment to embedding fair work practices, including payment of the real living wage, and to pursuing robust decarbonisation plans. Following designation, strict governance and rigorous monitoring and evaluation will ensure on-going compliance with those key priorities and across a range of other aspects. We are determined that successful green port bids will comply with all regulation, including payment of the real living wage, delivering on the net zero aspirations and supporting fair work practices. Applications that do not meet those high standards will not succeed.
Can the minister confirm that, if companies did not provide the living wage or recognise trade unions, for example, they would be ineligible for support?
We see green ports as an opportunity to move forward our conditionality agenda. The member will know, because it is part of the Bute house agreement with the Greens, that we are keen to roll out conditionality relating to fair work and the real living wage to as many businesses across Scotland as possible in the support that we provide. I am very committed to that. Green ports are no exception. The Scottish Government is clear that fair work and payment of the real living wage are a requirement if we are to support any businesses in green port designated areas.
It is great news that the Scottish Government has now backed two freeports in Scotland. The Scottish Conservatives support Aberdeen Harbour’s intended joint bid with Aberdeen City Council, Aberdeenshire Council, Aberdeen International Airport and Peterhead Port Authority, which could create up to 22,000 jobs. However, freedom of information requests have shown that the Scottish Government has yet to have any discussions on that with either Aberdeen or Peterhead harbours. Will the minister join me in publicly backing a bid if it comes in?
That is incorrect. In the past few weeks, I had an online meeting with Bob Sanguinetti—pardon my pronunciation—of Aberdeen Harbour in which we talked through the situation with regard to its bid. I am surprised that the Conservatives are nailing their colours to the mast with regards to Aberdeen. Does that mean that they do not support the other nine bids that will potentially come forward from across Scotland? Local communities will be interested to hear that. I am told that there are nine or 10 expressions of interest from across Scotland. I have talked to many of the people involved and visited many of those areas, and I will continue to do so in the coming period.
Of course, the process for green port application is rigorous and takes into account all the factors that I have identified. It is right and proper that the process is seen to be transparent and fair and that all the bids are treated equally. That is exactly what we will continue to do. As I said, I am happy to meet representatives of other ports and harbours and anyone else who is interested in discussing the issue of green ports in Scotland in more detail.
What consultation has the Scottish Government carried out with trade unions and what actions have been agreed with them with regard to the specification for the freeports?
I have had two separate meetings with the Scottish National Party trade union group on the issue, and I am happy to continue to engage with trade unions. We have been clear about the requirements with regard to the fair work agenda. As I said, I am committed to taking forward that agenda right across my portfolio and particularly with regard to green ports. We are keen that there be no degradation in workers’ rights or environmental standards. We see the developments as an opportunity to move forward with the fair work first agenda and with requirements for payment of the real living wage.
As I said, I am very happy to have conversations with anybody who is interested in discussing the issue further.
Transient Visitor Levy
To ask the Scottish Government whether it will provide an update on its plans for enabling local authorities to bring in a transient visitor levy. (S6O-00767)
Work towards a draft bill to provide local authorities with a discretionary power to apply a visitor levy, including a series of round-table stakeholder events and formal consultation, was at an advanced stage but was necessarily paused at the onset of the Covid-19 pandemic. Our 2022-23 budget confirmed that we would recommence that work. Given the continuing impact of the pandemic on the tourism sector in Scotland, we consider it prudent to carefully review the work that has been done to date and to undertake further stakeholder engagement, as set out in the letter on the local government finance settlement to the Convention of Scottish Local Authorities, before making a firm decision on the next steps.
I thank the minister for that answer, but it does not tell me when legislation on a visitor levy is likely to be brought to the Parliament. Will he tell us a bit about the legislation? Will it enable local authorities to decide whether to use the powers, and how to use them, without needing approval from the Scottish Government? Will the minister confirm that there will not be any impact on the local government settlement for any council that chooses to use the levy?
It would not be correct for me to prejudge the outcome of our negotiations and engagement with stakeholders, including local government. Ms Boyack makes a fair point about timescales. We hope that we are now emerging from the acute phase of the pandemic. However, local government elections are on the horizon. We will look to pick up the work, in the spirit that I set out in my original answer to Ms Boyack, following those elections in the spring.
I have listened to what the minister said about stakeholder engagement. It is incredibly important that he meets members of the hotel industry across the capital, because that sector’s recovery following the pandemic is currently the slowest. Many people in the sector are warning that the introduction of the levy will impact on recovery, so I hope that the minister will take it on board that many people in the tourism industry, which has lost many jobs during the pandemic, do not want the levy to be introduced.
I recognise the points that the member has made. He will be aware from our tax framework, which we published alongside the budget, that engagement is one of our key principles. Engagement will, of course, inform our deliberations on a visitor levy.
Local Government Funding Settlement (Dundee City Council)
To ask the Scottish Government what discussions it has had with Dundee City Council regarding the local government funding settlement for 2022-23. (S6O-00768)
Ministers meet the Convention of Scottish Local Authorities and individual local authorities regularly to cover a range of issues. The Cabinet Secretary for Finance and the Economy and the Minister for Social Security and Local Government met the leader and chief executive of Dundee City Council on 21 September, ahead of the 2022-23 local government funding settlement.
Following the announcement of the Scottish budget on 9 December, both the First Minister and the Cabinet Secretary for Finance and the Economy, on separate occasions, met the COSLA leadership team and council leaders to discuss the impact of the budget on the 2022-23 local government settlement. Councils asked for an additional £100 million to deal with particular pressures. We heard them, listened and went further by providing £120 million at stage 2 of the Budget (Scotland) Bill.
The Parliament’s Education, Children and Young People Committee is holding an inquiry into the Scottish attainment challenge. This morning, third sector providers outlined to the committee their on-going concerns about short-term interventions due to the lack of security of Government funding, such as that in my home city of Dundee. Can the minister give assurances to those providers? Does it remain his Government’s policy that pupil equity funding should not be used to backfill any cuts that result from the lack of available local authority resource?
First, I draw the member’s attention to the fact that we are undertaking a resource spending review, which will be a comprehensive piece of work. I also draw his attention to the work that we are doing on the attainment challenge. We are expanding the provision to all local authorities, as we recognise that poverty is not unique to the nine authorities that have previously received funding via the attainment challenge. We have an equitable process to achieve that transition over the coming years. The resource spending review provides an opportunity for comprehensive consideration of the points that the member has raised.
Last week, it was reported that Dundee City Council did not apply for levelling up funds, despite its being considered a high-priority area. Will the minister join me in calling on Dundee City Council to put its politics aside and work with the UK Government so that residents of Dundee do not miss out on a vital funding stream?
I will respect the fact that Dundee City Council is an autonomous body that can make decisions for itself. I hope that the UK Government recognises that the levelling up funds cut across devolved territory, and I ask that it show the Parliament the respect that we show our local authorities.
Fair Start Scotland
To ask the Scottish Government what steps it is taking to ensure that the fair start Scotland programme addresses the needs of those who face the greatest barriers to unemployment, such as severely disabled people. (S6O-00769)
Fair start Scotland has been designed to support those who face the most significant barriers into sustainable work, and offers personalised one-to-one support that is tailored to individual circumstances.
In addition, the fair start Scotland service providers offer specialist support to people with disabilities, including the opportunity to access individual placement and support—IPS—and supported employment when that would benefit the individual.
We will continue to work closely with the providers to develop continuous improvement activities for the delivery of support.
Why did the fair start Scotland programme result in only 24 per cent long-term employment rates?
Data that has been published this morning, 23 February, shows more than 41,000 starts in the service so far, with more than 14,000 people moving into work since the service was launched in April 2018. Fair start Scotland has been designed to support those who are furthest from the labour market. The majority of people who get jobs will sustain them for at least six to 12 months, which is in line with the principles of the service, and one in three participants have been supported into work. I could go through the data on the numbers of people who started work that are sustaining employment over the longer term, which is ultimately the aim of the programme.
The critical point here is ensuring that those with talent gain skills and employment. At a time when we are experiencing labour shortages across the economy, employers continue to report a lack of flexibility in many of the skills programmes that the Scottish Government currently offers. Does the cabinet secretary feel an urgency to review the effectiveness of our skills programmes in order to ensure that we adequately address those labour shortages as much as we can?
Daniel Johnson makes a good point about ensuring that those programmes are as flexible as possible, not just to tailor them to respond to the acute challenges that our economy faces now, but also to specific geographic areas and particular groups.
Fair start Scotland seeks to help those who are furthest from the labour market. Clearly, each individual who participates in that programme will need particular, tailored support, which is why I said in my first answer that it is important that we continue to work with the programme providers to ensure that we improve the activities and ultimately help people into long-term employment.
Cost of Living (Financial Support)
To ask the Scottish Government what steps it is taking to ensure that financial support to assist with the rising cost of living reaches those most in need. (S6O-00770)
Despite the uncertainty in our budget position, I announced a package of measures on 10 February to deliver £290 million of support to 1.85 million Scottish households. That is in addition to the measures in the Scottish budget to provide a range of support for households, including £197 million to double the Scottish child payment from April and extend it to all under-16s.
The cost of living crisis is immediate and impacting households now, which is why we have worked closely with local government to ensure that it is able to focus on delivery immediately.
The problem is that everyone in the chamber who earns £60,000-odd and does not live in an expensive house will get £150—I will get £150. Those who are in most need and struggling the most need to get more support.
The finance secretary will be aware of the criticism from the Poverty Alliance, which said that the SNP’s actions to date
“do not just represent a failure of imagination, but also a failure to live up to the responsibility to protect people from poverty.”
Will the cabinet secretary listen to what organisations are saying and accept that it is wrong for MSPs on £60,000-odd a year to get £150 to help them out when some people are having to choose between heating and eating? Will she think again and look at how we can help those who are most in need and are struggling right now in Scotland?
Alex Rowley raises a number of important points. I reiterate the point that I made when I announced the plan: I have listened to those organisations, but the difficulty is that I could spend months thinking, planning and using my imagination—to use Alex Rowley’s words—while families need help now.
The plan that we have announced includes targeted support through the council tax reduction scheme, which we can use because it is established in Scotland to help families that are struggling the most to pay council tax. We also announced the £10 million fuel insecurity fund to help households that are at greatest risk of self-disconnection, and the £150 for households in council tax bands A to D. That is on top of schemes that were already announced in the budget, because we could see in advance the cost of living crisis.
My commitment right now is therefore to work with local authorities to ensure that that money gets out of the door as quickly as possible. That is my priority because families need the help now.
Fiona Hyslop can ask a brief supplementary.
Other European countries are implementing measures to help individuals and families with rising energy costs. For example, Belgium has cut VAT on electricity by 15 per cent; Spain has cut VAT on energy bills by 11 per cent; and France, has restricted increases in power costs to 4 per cent. Does the Scottish Government agree that the United Kingdom Government should implement cost-saving measures by cutting VAT to limit energy bill increases and help individuals with rising living costs?
In short, yes, I do. Families across Scotland right now are reflecting on their energy bills, which are one of the greatest pressures on household incomes.
Energy is reserved. We have been calling on the UK Government to cut VAT from energy bills, and I know that the Labour Party and the Liberal Democrats have supported that call. It would have been one of the simplest ways of helping consumers in the short term, but powers over VAT are reserved, as are powers over energy. In the meantime, we have deployed funding as quickly as possible to help those families who are most in need.
I can squeeze in question 8 if we have succinct questions and answers.
Local Government Funding (Inverclyde Council)
To ask the Scottish Government what discussions it has had with Inverclyde Council regarding what financial support is available in addition to the local government settlement. (S6O-00771)
As I said in an earlier answer, ministers meet the Convention of Scottish Local Authorities and local authorities regularly to cover a range of issues, including funding. The finance secretary and the local government minister met the leader and chief executive of Inverclyde Council on 25 November.
Although the majority of funding is provided as part of the local government finance settlement, it is open to individual councils to submit a detailed business case for additional funding outwith the settlement, and the Scottish Government will consider that carefully. Examples of funding outwith the settlement include £86.4 million for employability and the £226 million city region and growth deal.
The minister will be aware of the acute challenges that Inverclyde has faced, many of which are long term. Despite the vast levels of finance that the Scottish Government has invested in Inverclyde, including the building of more than 1,400 homes for social rent, saving our jobs at Diodes and Ferguson Marine, and the city deal funding, many of the challenges facing Inverclyde still exist. Can the minister confirm whether Inverclyde Council has submitted a business case for additional funding to help to deal with some of those acute challenges?
I confirm to Mr McMillan that, as far as I am aware, the Scottish Government has not received a business case for additional funding for the area that he has highlighted.