Chamber and committees

The main access point to and from Coatbridge to the A8 remains unchanged at Shawhead junction. The opening of the new M8 motorway has also provided a significant reduction in traffic flow and congestion on the A8. This reduced A8 congestion and substantial improvement to Shawhead junction, which should be open in the coming weeks, will provide a benefit for those within Coatbridge accessing the trunk road network.

Significant consideration was given to the junction strategy for the new M8 during scheme development with the project designed to reduce the number of conflicting traffic movements, improving safety and journey time reliability. This results in a rationalisation of junctions with the new motorway.

Transport Scotland carried out an extensive public engagement exercise during the development stages from 2006 to 2008, to consult on the plans for undertaking the motorway improvements. A further series of public exhibitions were held at venues in October and November 2013. In addition, Public Local Inquiries were held in July 2008 for the M8 Baillieston to Newhouse scheme, and April 2009 for the M8 M73 M74 Network Improvements work to allow those affected by the projects to raise their concerns. I have included a time line of the consultation events held:

March 2006 and October 2007 publication of draft Road Orders and Environmental Statements, with public exhibitions: M8 Baillieston to Newhouse scheme;

March 2007 publication of Draft Orders and Environmental Statement , with public exhibitions: M74 Junction 5 (Raith) scheme;

March 2008 publication of Draft Orders and Environmental Statement, with public exhibitions: M8 M73 M74 Network Improvement scheme;

July 2008: Public Local Inquiry : M8 Baillieston to Newhouse scheme;

April 2009: Public Local Inquiry: M8 M73 M74 Network Improvements scheme.

The newly improved lanes as part of the new A725 Shawhead junction are due to open in the coming weeks and are anticipated to reduce journey times through the junction by 15 minutes. These final works to allow opening are only now possible following the early opening of the new M8 motorway, reducing traffic flows through the Shawhead Interchange.

When implementing traffic management restrictions, the contractor is required to balance the impact on drivers and the safety needs of those carrying out the improvement works. To assist in this process all traffic management schemes on the project are designed and coordinated with input from consultees including Police Scotland and the local authorities. This process provides an opportunity for all stakeholders to review the proposed traffic management design and identify further mitigation measures to reduce the impact on road users. Following implementation, all traffic management schemes are reviewed on an ongoing basis to see what improvements can be made.

As we enter the final stages of the project, it is necessary to connect the new infrastructure with the existing road network which requires extensive traffic management to be undertaken safely. Transport Scotland will continue to inform road users of any restrictions by various methods including radio, fixed and variable message signs as well as Transport Scotland website as appropriate.

Scottish Ministers have a duty to ensure the Trunk Road network is as safe as possible for site staff and road users alike. To this end, all traffic management schemes are designed and coordinated with input from consultees including Police Scotland and the local authorities.

Traffic management as part of the M8 M73 M74 Motorway Improvements Project will remain in place until the new and improved roads open to traffic in the coming weeks, with necessary finishing, landscaping and snagging works being completed thereafter. Transport Scotland will continue to inform road users of any restrictions by various methods including radio, fixed and variable message signs as well as the Transport Scotland website as appropriate.

Transport Scotland and the contractor, Scottish Roads Partnership are working closely together to remove restrictions where possible as sections of the scheme are complete. Once the new roads are open, final landscaping and snagging works will be ongoing as is normal with projects of this type, however, this will not affect peak traffic flows.

During the period of the works motorists have been, and continue to be, encouraged to check the Transport Scotland (https://www.transport.gov.scot/projects/m8-m73-m74-motorway-improvements/) and Traffic Scotland (https://trafficscotland.org/) websites for up-to-date travel advice, and details of planned roadworks and diversions. These websites provide details of all disruptive planned traffic management together with details of signed diversion routes.

The levels of staff at ScotRail stations are a commercial matter for the Franchisee. The current Franchise Agreement ensured that from commencement of the contract on 1 April 2015, the number of staffed stations remained consistent with the previous ScotRail Franchise. Any proposed change to this would require notification to both the Authority (Transport Scotland) and the Passengers’ Council (Transport Focus).

As part of ScotRail’s on-going contracted investments to improve the customer experience at railway stations in Scotland, new facilities have and will continue to be installed including new interactive help points, more than 300 CCTV cameras, over 50 additional Ticket Vending Machines and 140 Customer Information Screens.

Transport Scotland’s Service Quality Incentive Regime (SQUIRE) inspects station facilities and checks staff at stations at contracted times on a four weekly basis, and ScotRail can incur financial penalties where such facilities are not suitably operational for passengers.

The Prosecution Code sets out the criteria for decision making in cases reported to COPFS. The Prosecution Code is published on the COPFS website at:

http://www.crownoffice.gov.uk/images/Documents/Prosecution_Policy_Guidance/Prosecution20Code20_Final20180412__1.pdf

A prosecutor will consider the relevant evidence when making a decision on whether to proceed with a case. The prosecutor must be satisfied that there is sufficient admissible evidence to justify commencing proceedings. Consideration must be given to the reliability and credibility of the evidence. If it seems that there is insufficient evidence the prosecutor can instruct the police or request other reporting agencies to make further enquiries.

The victim in a case reported to COPFS has a right to ask for a review of a prosecutor’s decision not to take action in a case, under the Lord Advocate’s Rules: Review of a Decision not to Prosecute, made under section 4 of the Victims and Witnesses (Scotland) Act 2014. These rules are published on the COPFS website at:

http://www.crownoffice.gov.uk/images/Documents/Victims_and_Witnesses/Lord%20Avocates%20Rules%20-%20June%2015%20v2.pdf

At page 4 of the Rules it makes clear that a victim can ask for new information to be taken into account during the review.

There is an obligation on the police and other investigating agencies to submit all relevant information to the Crown to allow prosecutors to make the appropriate decision in a case.

In the case Smith v HMA 1952 (JC) the court at pages 71 and 72 stated that the duty of the police was

“to put before the Procurator-fiscal everything which may be relevant and material to the issue of whether the suspected party is innocent or guilty.” The court however stated that

“It would be absurd to suggest that all their (the police) results should be submitted he must put the result of his investigations fairly before the Fiscal in order that the Crown may have a fair basis on which to decide whether or not to prosecute.”

This duty is outlined in Chapter 3 of the COPFS Disclosure Manual which is published on the COPFS website at-

http://www.copfs.gov.uk/images/Documents/Prosecution_Policy_Guidance/Disclosur_Manual/Chapter%203.pdf

I have separately met both sides in this dispute on a number of occasions and my position has been consistent in these discussions. 

I want the dispute to be resolved because strike action in our colleges is in no one’s interest. It is certainly not in the interests of college students. 

Both sides need to continue to work constructively for a solution in order that the sector can focus on delivering the high-quality education that its students expect. Having put arrangements in place to allow national bargaining, this remains a matter for the union and college employers to resolve. 

The move to national bargaining is a significant step forward. If the Government has to step in to resolve those matters, we no longer have national bargaining. If we want national bargaining to work, both sides must be prepared to come to a resolution.

Section 30 of the Education (Scotland) Act places a duty on the parents of every child of school age to provide an efficient education suitable for the age, ability and aptitude of the child and whether that is in a local authority school or by other means. The other means would include home education and independent schools.

The Scottish Government supports the right of the Roman Catholic Church to give witness to its faith, and to uphold the traditions of Catholic education. We value the contribution made by Roman Catholic schools, and have no intention of changing the current position where faith aspects of the curriculum in Catholic schools are determined by the Scottish Catholic Education Service.

The Scottish Government welcomes the positive contribution that denominational education can make to Scottish education in ensuring successful learners, effective contributors, responsible citizens and confident individuals. The Scottish Government have no plans to review Catholic schools.