Chamber and committees

The Scottish Government’s public agencies are running promotional campaigns to support responsible enjoyment of the countryside, as part of the wider national visitor management strategy co-ordinated by VisitScotland. This includes messaging which relates to responsible lighting of fires, strongly emphasising for example the use of camping stoves. It also highlights the need to follow any relevant local guidance and promotes sensible behaviours. The campaigns are being taken forward through both traditional and social media, including work with online influencers to help reach audiences that are otherwise difficult to engage.

Figures show there has been widespread public engagement with these campaigns over the summer period.

£2.75 million has been allocated by Scottish Ministers this year for the Better Places Green Recovery Fund, administered by NatureScot, which partly provides for additional seasonal rangers to promote responsible behaviour. We are also providing our National Parks with an extra £3.6 million in 2021 which will support, among other things, seasonal rangers.

In addition, land managers have been advised to use time limited local signage or other communication methods to inform people when there are high risk conditions, working with local authorities and National Park Authorities.

Police management information, while a useful tool, should be used with caution. These are not official statistics and should not be taken as indicative of longer term trends. Due to the exceptional circumstances of the last year, caution is even more necessary when considering the information for 2020-21, as a rise in complaints and neighbour disputes in relation to potential breaches of COVID-19 restrictions are included.

Measuring change in antisocial behaviour over time is best done using population-based measures and all the evidence points towards a long-term, sustained reduction in Scotland. For example, the Scottish Crime & Justice Survey shows the proportion of adults who feel people behave in an antisocial manner in their area has fallen from 46% in 2008-09 to 33% in 2019-20 (with no change identified between 2018-19 and 2019-20).

We remain committed to tackling all forms of antisocial behaviour while recognising the progress made and will continue to work with partners to deliver the best outcomes for communities.

The Scottish Government is working constructively and collaboratively with the Law Society of Scotland, the Scottish Solicitors Bar Association and representatives of several bar associations to co-design and deliver a wide range of measures in recognition of the important role in the Justice system of vital legal aid services in Scotland as we emerge and recover from the pandemic.

As well as delivering the first stage of an uplift to legal aid fees of more than 10% over the next two years, the Scottish Government is providing up to £1 million over the next 2 years to support 40 legal aid traineeship posts. The Legal Aid Traineeship fund will increase the capacity and capability of the legal aid profession in Scotland by providing employment and training opportunities. The funding also aims to increase diversity and equality within the legal profession by the recruitment and retention of trainees from under-represented groups across the legal profession including people with a disability, from minority ethnic communities or from socio-economically disadvantaged backgrounds.

We are always ready and willing to listen to those tackling antisocial behaviour directly in our communities – they have the knowledge and expertise and we value their views. In our regular discussions with Police Scotland and local authorities on these issues, there have been no calls for the Scottish Government to consider an increase in the level of Fixed Penalty Notice for antisocial behaviour.

We therefore have no current plans to increase the penalty. Any proposed increase would have to be carefully considered to ensure the change was effective, proportionate and avoided unintended consequences.

The Scottish Government has awarded grants totalling £2,235,789 from the Coronavirus Resilience and Recovery Fund for Legal Aid (CRRF). Applications from 84 firms and law centres have been approved and 1 grant is pending subject to a recalculation of award, which is now in the process of being concluded.

The total number of applicants who did not meet the criteria for funding is 195 and is broken down into the following categories:

1. The applicant’s legal aid income did not meet the criteria – 22 applications.

2. No shortfall in applicant’s income was calculated compared with casework prior to pandemic, against the criteria for funding – 124 applications.

3. Applicants demonstrated no shortfall in expected fee income, against the criteria for funding, and have been or will be paid other forms of government support in excess of this sum - 49 applications.

Scottish Ministers made a commitment to keep the CRRF under review and have worked in collaboration with the Law Society for Scotland, the Bar Associations and the Scottish Solicitors’ Bar Association on the co-design and eligibility criteria of a new fund.

An announcement by the Scottish Government was made on 4 August 2021 to launch a new £6.7 million Legal Aid Business Support and Recovery Fund, in support of the Government’s Renew, Recover and Transform Programme which aims to deliver a wide range of measures in recognition of the important role in the Justice system of vital legal aid services in Scotland as we emerge and recover from the pandemic.

As set out in the Draft Business and Regulatory Impact Assessment, which was published on 20 June in conjunction with the consultation paper on the introduction of new legislation on the sale and use of fireworks in Scotland, and tackling the misuse of pyrotechnics Police Scotland has been a key driver in requesting the proposed offence and related stop and search power for pyrotechnics.

The new offence provisions will require Police Scotland to refresh their guidance on stop and search and pyrotechnics that is currently in place for their officers. Police Scotland has confirmed that there will be no additional resources required. Similar powers already exist for a person having an offensive weapon or dangerous instrument with them in a public place without reasonable excuse or lawful authority and it is anticipated that the proposed new offence will be enforced in a similar manner. In due course it is hoped that the new offence and stop and search power for pyrotechnics will make our communities safer and reduce public disorder thereby reducing the number of police operations.

The Scottish Government recognises the impact that periods of imprisonment, including time on remand, can have on families. That is why we are committed to reducing the use of short-term imprisonment, including remand and increasing the use of community-based interventions.

SPS are committed to ensuring that people in prison are able to maintain contact with their family during their time in custody. The SPS Family Strategy puts families and family contact at the heart of supporting prisoners during their time in custody. The Strategy doesn’t differentiate between convicted or remand prisoners and recognises the positive contribution that close family contact and involvement can make in supporting the reintegration of prisoners back into the community.

SPS support family contact during a person's time in custody - including on remand - in a number of ways. This includes in-cell telephony, letters and family contact through visits. Under the Prison Rules, those remanded have a greater visits entitlement than those convicted. Remand prisoners have the opportunity of access to daily family visits in prisons holding remand prisoners.

The Scottish Government has provided £3.9m in grant funding for Prison Visitors Centres since 2016/17. Visitors Centres provide a range of support for families and work in partnership with other organisations to make referrals to more specialist advice and support services for things including financial support, childcare, housing support and welfare counselling. This is in addition to £138k p.a. provided to Families Outside, an organisation which supports families affected by imprisonment so that they can readily access appropriate information and support at a time they need it.

We will continue to work with partners to develop approaches in this area, learning from those with lived experience.

We recognise the importance of ensuring that support is available to people leaving custody, including those who have served a period on remand, to enable their reintegration. We know that short periods of imprisonment are not effective and don't address the underlying causes of offending and that is why this Government is committed to reducing the use of short sentences and remand.

For those individuals who do serve a period of remand, the Scottish Prison Service have a range of measures in place to support them during their time in custody and on release. This includes an initial induction process which assesses needs including general welfare, mental health and addiction so that support can be put in place for them during their time in custody. This is further supplemented by support for family contact, provision of housing advice (where needed), access to work and wage earning where appropriate and possible and access to social services through prison Links Centres to deal with immediate concerns regarding social issues.

It is recognised that circumstances where individuals are liberated from a period on remand straight from court can be challenging in terms of linking with local services. To support this, SPS have agreed with GEOAmey that they will provide liberation packs to those released at courts (including those who have been held on remand). These information packs are specific to the local area within which the individual is being liberated.

Specifically for women held on remand, the Shine PSP, funded by Scottish Government, provides support in the lead up to their liberation and beyond.

We will continue to work with partners to explore how we can improve support for people leaving remand.

As a general principle, home owners are responsible for work to their own homes to ensure they meet housing standards. However, recognising that some home owners - particularly older and disabled owners on low incomes - may face difficulty in meeting the new standard, we are considering what additional support is required and we will announce our next steps in due course.

The Scottish Government does not hold the requested information. The member may wish to redirect their question to Police Scotland who may have data on specific types of scams and rogue traders.