Meeting of the Parliament

Meeting date: Thursday, May 10, 2012

Official Report 1109KB pdf

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Scottish Executive Question Time

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Justice and Law Officers

Good afternoon. Question 1 is from Stewart Maxwell. [Interruption.] We will wait until he gets his card in.

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Smoking, Health and Social Care (Scotland) Act 2005 (Prosecutions)

1. I apologise, Presiding Officer. I got here early, as well, to make sure there were no problems.

To ask the Scottish Government how many prosecutions there have been under the Smoking, Health and Social Care (Scotland) Act 2005 for smoking in non-smoking premises and permitting another person to smoke in non-smoking premises. (S4O-00979)

Since the offences came into force on 26 March 2006, 152 charges of smoking in non-smoking premises have been reported to the procurator fiscal. Of the 123 cases in which action was taken, court proceedings were raised in 37 and a further 86 were dealt with by a direct measure issued by the procurator fiscal. Eleven charges of permitting another person to smoke in non-smoking premises have been reported to the procurator fiscal. Of the five cases in which action was taken, three were prosecuted and a further two were dealt with by a direct measure issued by the procurator fiscal. The offences can also be dealt with by fixed penalties that are issued by local authority enforcement officers.

It has been reported to me that some of those who have been prosecuted view a fine as an occupational hazard or just another business expense. Is the number of prosecutions rising, falling or remaining steady year on year? Does the Scottish Government have any plans to increase the size of the fines or the fixed penalties that are issued to smokers and proprietors who allow smoking in breach of the 2005 act?

I will provide the exact year-on-year figures in writing to the member at an early date.

On the other matters that the member raises, for a person who manages or who has control of no-smoking premises and who permits another person to smoke in contravention of section 1 of the 2005 act, the fixed penalty that is issued by the local authority is £200. For the offence of smoking in a public place, the penalty is £50. Both of those can be discounted for early payment. If prosecuted, the maximum penalty for the offences is £2,500 for a section 1 offence and £1,000 for a section 2 offence. There are no plans to increase the levels of fixed penalty. The levels of fixed penalty that are issued by local authority enforcement officers are comparable to the levels that a procurator fiscal could offer in relation to such offences by way of fiscal fine in the first instance.

The guidance for enforcement officers that was produced at the time promoted not just the understanding of the reasons for the ban on smoking, but compliance with the legislation. My understanding is that, in the first three months after the ban, it was found that there was compliance with the smoking laws and that the levels of compliance continued in later studies. The Crown Office and Procurator Fiscal Service has clear guidance on repeat offenders, on which action will be taken if there is a history of analogous offending.

In conclusion, robust penalties are available through local authority enforcement and through the COPFS powers to issue fiscal fines and, ultimately, to prosecute to ensure that those who knowingly and persistently flout the ban can be dealt with appropriately.

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Lothian and Borders Police (Farm Watch)

2. To ask the Scottish Government what progress has been made in implementing the farm watch scheme across the Lothian and Borders Police force area, in order to reduce the impact of crime on local farmers. (S4O-00980)

Recorded crime in Scotland is at its lowest level since 1976. It is important to recognise that the majority of farmers enjoy a crime-free working environment. The Scottish Business Crime Centre, in partnership with the National Farmers Union Scotland and Lothian and Borders Police, has produced a practical guide to crime prevention in rural and farming communities. Initiatives such as farm watch are an important tool in promoting farm security and crime prevention in rural and farming communities. If the information and advice from the police is followed, it should decrease the likelihood of someone being a victim of crime.

NFUS members in East Lothian and Midlothian have raised concerns that, although significant resources and commitment have been given to farm watch in the Borders, which is G division, elsewhere in the Lothian and Borders Police area, on-farm crime is not necessarily receiving as robust a response. I am not asking for the cabinet secretary to interfere in operational matters, but I wonder whether there is any scope to provide evidence of farm watch’s impact and success to date in order to encourage other divisional commanders to adopt the scheme more seriously.

I thank the member for raising the issue, because we need to recognise that it has affected not only the Borders but Dumfries and Galloway. Indeed, chatting to Adam Ingram at lunch time, I learned that it is also an issue in the South Ayrshire area that he represents.

It would be right for the member to raise the matter in other parts of the Lothian and Borders Police area and indeed elsewhere but our information so far is that farm watch is working well; after all, it is all about people working with other authorities on these issues. If the member were to raise the matter with the chief constable, I would be more than happy to echo his comments that such schemes are examples of good practice and that we should seek to introduce them not only in more rural areas but in areas such as Midlothian and East Lothian that have significant numbers of farming communities who should be protected and whom we should be assisting in that respect.

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Cyberbullying

3. To ask the Scottish Executive how it ensures that cyberbullying incidents are recorded accurately. (S4O-00981)

The aim of the Scottish crime recording standard, which was introduced throughout Scotland in April 2004, was to provide a more victim-orientated approach to the recording of crime and ensure uniformity in crime recording practices across police forces. Responsibility for ensuring compliance with the standard lies with individual chief constables.

As I noted in my reply to the member’s previous question,

“cyberbullying is not a specific offence in itself ... and may not be identifiable separately”—[Official Report, Written Answers, 16 April 2012; S4W-06346.]

in the annual “Recorded Crime in Scotland” bulletin.

Does the cabinet secretary share my concern, also expressed by parents and children’s charities across Scotland, about the growing prevalence of cyberbullying incidents and is he willing to meet me to discuss the issue in more detail?

I am more than happy to recognise that the issue exists. I do not know whether it is better to discuss the matter with me, my colleague the Cabinet Secretary for Education and Lifelong Learning, or indeed the Minister for Children and Young People, but the member is right to point out that, in the world in which we live, certain aggressive behaviour, no matter whether it is related to tweets about football or, indeed, children, is unacceptable and deeply distressing and indeed can be criminal. As I have said, the issue might be better dealt with by those with responsibility for children but the Government is certainly happy to liaise with the member to see what we can do collectively to ensure that these matters are minimised and that we protect people from frankly unacceptable behaviour.

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Mediation (Family Contact Disputes)

4. To ask the Scottish Government whether it plans to strengthen the role of mediation in resolving family contact disputes. (S4O-00982)

The Scottish Government takes mediation services very seriously; indeed, the member might be interested to learn that I will be speaking on that very subject at a conference next Wednesday. However, although such services can play a valuable role in resolving family disputes, the Scottish Government believes that, where parents cannot reach agreement, it is right for a court to regulate matters in relation to contact.

The minister will be aware of the devastating effects of contact agreements being broken without any explanation, usually as a result of a family dispute, and the consequent damage to children. Will the Scottish Government give some consideration to requiring parents who do that to present a case to the mediation service to ensure that a clear explanation is recorded and can form the basis for discussion to resolve disputes as early as possible?

I am aware that the member has a long-running constituency interest in these matters. The difficulty is that the member’s suggested approach raises some problems. For example, if domestic abuse were involved, mediation would not be appropriate. Moreover, a mediation service cannot act in a judicial way and compel parents to appear before it. The fact is that mediation works well only if people undertake it voluntarily; if they are forced into it, it ceases to be mediation. There are also cost implications in giving extra functions to mediation services.

Issues of contact can be very complex, and there might well be good reasons why contact does not happen after the court has ordered it. In the longer term, however, we should—and will—take a further look at issues around the enforcement of contact orders.

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Sentencing (Impact on Children)

5. To ask the Scottish Executive how it takes account of the rights of the child when a parent is being sentenced. (S4O-00983)

It is the courts rather than the Scottish Government that decide sentences, and the courts will take into account any relevant factors before they make a decision on sentencing within the overall legal framework. The complete independence of the judiciary is at the heart of the criminal justice system in Scotland, and it is appropriate that such decisions are entirely a matter for the sentencing judge, who will hear all the facts and circumstances surrounding the offence and the offender.

At the point of sentencing by the court, it can request a criminal justice social work report. As part of the reporting process, it is possible for the report writer, if appropriate, to interview the children of offenders to consider the welfare, interests and needs of those children. The purpose of the criminal justice social work report is to provide the court with appropriate information that will be helpful in deciding the most appropriate way to deal with offenders.

Child impact assessments ensure that the child’s interests are represented in decisions about custody and release, and they highlight the needs of the child at those points. Does the cabinet secretary agree that such assessments are vital for the long-term protection and wellbeing of children, and that they possess the opportunity to rehabilitate the parents, because they know what will happen to their child after sentencing?

The member makes a valid point. That is why we as an Administration and we as a party supported Aileen Campbell’s attempts in the previous session to introduce measures that would have required the courts to consider the impact on the child.

It is important that anybody who imposes a custodial sentence—or, indeed, a non-custodial sentence in many instances—looks into the interests of and consequences for the child. At the end of the day, it must be for the sheriff or judge to make the final decision—that is a fundamental tenet of our democracy—but the member raises an important point. I am happy to discuss the matter with her, and I discuss it with Tom Welsh and the chair of the Judicial Studies Committee. The member is correct. In taking issues into account and imposing a sentence, it is important that the court is aware of and at least considers what the ramifications for children will be.

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Legal Aid (Reform)

6. To ask the Scottish Executive how it plans to reform the legal aid system. (S4O-00984)

The Scottish Government has taken forward significant reforms to the legal aid system. In the 2007 to 2011 parliamentary session, financial eligibility for civil legal aid was substantially widened so that more than 70 per cent of the Scottish population potentially qualify for it. In addition, summary criminal legal aid was reformed, and improvements were made to the fee structures for civil legal aid, solemn criminal legal aid and criminal appeal fees for counsel. A further series of changes was made following the 2010 spending review to reduce expenditure while maintaining the broad scope of the legal aid system.

In October 2011, the Scottish Government published its detailed plans for the on-going reform of the legal aid system in Scotland in the paper entitled “A Sustainable Future for Legal Aid”.

The Scottish Civil Justice Council and Criminal Legal Assistance Bill was introduced the day after my question was lodged. I understand that one of its purposes is to ensure parity in the payment of charges in criminal, civil and children’s legal aid cases. Constituents of mine who have been involved in civil cases, such as divorce cases, have raised concerns with me that some applicants for legal aid may be able to conceal sources of income or capital assets. What procedures are used to prevent fraud? Will the bill that the cabinet secretary introduced last week tighten them up?

The bill that was introduced last week is a separate matter, but the member raises an appropriate point. It should be borne in mind that making a false declaration is a criminal offence. That would be a matter for the Scottish Legal Aid Board, and I assure the member that the board takes such matters seriously. I am sure that the chief executive of the Scottish Legal Aid Board, Lindsay Montgomery, would be happy to advise the member of further steps that it takes to ensure that fraud is not perpetrated.

The member may very well be at one with us on contributions in criminal cases. It has always been my view that there has been a manifest injustice in a victim of domestic violence, for example, finding herself liable to making contributions to obtain the appropriate civil orders for her protection, despite her keeping a roof over the heads of the children, while the perpetrator of the violence has received criminal legal aid without making any contribution. That has happened in many instances, and there is no basis for it. Equally, if someone who can afford to buy and run a car and meet all the costs that go with that indulges in drink-driving, it is perfectly clear to me that they should be capable of making a contribution towards criminal legal aid.

I will be happy to advise the member on the issue that she asks about, and I have no doubt that the Scottish Legal Aid Board could provide further information. I hope that we can work together to ensure that there is some parity. The purpose of the bill that we have introduced is to ensure that, by bringing in contributions in criminal cases, we can continue to provide access to legal aid to those who, like Elaine Murray’s constituents, need protection.

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Prisons (Contraband)

7. To ask the Scottish Government what measures it is taking to involve local communities in preventing the entry of contraband into the prison estate. (S4O-00985)

The Scottish Prison Service, working with the police and other partners, has developed a variety of initiatives, including the new prison watch scheme. That innovative scheme has been a great success in Edinburgh prison, where it was piloted. Encouraging local people to work with the SPS and the police to catch those who try to introduce drugs, phones and other illicit items into our prisons is the way forward. I am confident that the success that has been achieved in Edinburgh will be repeated in Aberdeen and Peterhead prisons.

Involving the local community in helping to keep contraband out of prisons is particularly important in areas where the prison is sited close to local residents, as is the case in my constituency, so I am delighted that the prison watch scheme has been launched in HMP Aberdeen. Given the success of the pilot scheme in Edinburgh, will the cabinet secretary look at rolling out the approach in other parts of the country, if the evidence shows that the project continues to reduce the level of contraband that gets into prisons?

Absolutely. The scheme started in Saughton on the initiative of an officer who serves there. I am grateful to the staff and the governor of the prison.

Maureen Watt makes a valid point about prisons that are located in the heart of communities. The situation might be somewhat different in Shotts prison or even Glenochil prison. It is a question of good practice. The scheme that has been piloted in Edinburgh is being rolled out in Aberdeen and Grampian prisons. I give the member an absolute assurance that, if the scheme works, we will seek to ensure that it works in every part of the prison estate.

Question 8 has been withdrawn by Neil Findlay. The member has provided me with an explanation.

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Procurator Fiscal Service (Guidance)

9. To ask the Scottish Government what guidance is used by a procurator fiscal in determining whether a case is tried on a summary or indictment basis. (S4O-00987)

Procurators fiscal take account of legal requirements and internal Crown Office and Procurator Fiscal Service guidance when they determine whether a case is to be tried on summary complaint or indictment. There are categories of case in which the procedure to be used is prescribed by law. Many offences—for example, certain road traffic matters, such as speeding offences—can be tried only on a summary basis. The law also provides that other offences such as murder and rape may be tried only on indictment.

In circumstances in which the prosecutor has discretion, detailed case-marking guidelines are available, which outline the factors that are to be taken into account and provide guidance on the forum for prosecution in light of the facts and circumstances of each case. The case-marking guidelines are reviewed to take account of sentencing trends and to ensure that prosecution policy properly takes account of the particular concerns about certain crimes in our society.

In the recent case of Damon Brooke, who attempted to abduct a young girl last year, the sheriff commented that the fact that the case was dealt with as a summary prosecution meant that his hands were tied when it came to sentencing. Given that the nature of a crime is a highly significant factor in the procurator fiscal’s decision making, does the Solicitor General agree that there needs to be a review of which crimes fall into the category of solemn prosecution and which fall into that of summary prosecution?

I am aware of the case that the member refers to and I understand the concerns that he has raised, but it would be inappropriate for me to provide any details about the decision making in the case at this stage. I understand that sentence has still to be passed, so it would be inappropriate for me to comment. However, I can inform the member that I have asked for a report into the circumstances of the case, and I would be happy to write to him or to meet him to discuss his concerns.

If it would be helpful, I can say that, in general terms, the best outcome in the public interest informs the procurator fiscal’s decision making. There can be cases in which, although the outcome is expected to be a community disposal, perhaps because the crime was detected quickly or the offender was thwarted at an early stage, the potential gravity of the offence is such that it is still in the public interest to raise proceedings before a jury—in other words, on indictment—to ensure that its gravity is publicly acknowledged.

I said earlier that case guidance is kept under review. I repeat in general terms that, if concerns have been raised about cases and, with hindsight, it is felt that matters need to be looked at again, that could involve, if necessary, reviewing guidance or discussion with an individual to ensure that all lessons are learned for other cases. Although I cannot comment further on the particular case, I will be happy to do so at a future date.

I remind all members that they should not raise in the chamber matters to do with cases that have not yet been fully disposed of. If any member wishes to seek guidance and legal advice from me as to whether an issue should be raised, I am always happy to speak to them.

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Rural Affairs and the Environment

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Farmers Co-operatives

1. To ask the Scottish Government what action it has taken to encourage the establishment of farmers co-operatives to promote local produce. (S4O-00989)

We support the Scottish Agricultural Organisation Society to work across the public and private sector to support business models that enhance collaboration, gain economies of scale, reduce costs and promote Scotland’s outstanding produce at home and abroad. Among other things, since 2007, we have provided direct funding of more than £4 million to various farming co-operatives to develop and expand their businesses.

I have an example in which meals on wheels are flown frozen from Wiltshire to Glasgow and then trucked a further 120 miles via a Scottish depot to my constituency of Midlothian North and Musselburgh. Does the cabinet secretary agree that that is patently absurd and that encouraging local produce through local purchasing makes good sense?

Yes—where that can happen, it makes sense. The Government remains committed to encouraging those who are involved in procurement, particularly public procurement, to buy more fresh, seasonal and high-quality produce, which often comes from local producers and suppliers. The Government has set in motion a range of actions to support that commitment, including publishing guidance that is aimed at small and medium-sized enterprises and public bodies. I am keen to hear more about the example that the member cites, because it is clearly causing concern. If there is any way in which we can help to change the culture locally, we would certainly support that.

As a member of the Scottish Co-operative Party, I have a particular interest in the co-operative model, which is vibrant in the agriculture sector. Can the cabinet secretary give a reassurance that the Scottish Government will support the aims of the Scottish Agricultural Organisation Society, which wishes to increase the availability of local food in partnership with the Scottish Association of Farmers Markets, in particular with regard to problems of town planning constraints?

Yes, I can give the member that assurance. The Government has given unprecedented support to farmers markets and has encouraged them to work together across Scotland. We recently gave the Scottish Association of Farmers Markets, I think, £200,000, which was the first grant that it had received as a body. I hope that that will help to make a difference. As I said in my previous answer, we have given £4 million to the Scottish Agricultural Organisation Society, to which the member referred. If the society wishes to bring to my attention any particular issues that will help to empower primary producers to deal directly with their customers and across the supply chain, I would be interested in hearing about that.

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Salmon Farming (Sea Lice)

2. To ask the Scottish Executive what action it will take to meet the international goals agreed in the North Atlantic Salmon Conservation Organization “Guidance on Best Management Practices to address impacts of sea lice and escaped salmon on wild salmon stocks”. (S4O-00990)

I refer the member to written answer S4W-06830, which was published in the daily written answers report on 30 April 2012 and which states:

“The Scottish Government has supported, and continues to support, the sustainable development of the aquaculture industry and wild salmon and recreational fisheries in Scotland.

The draft report does not fully take into account the measures that the Scottish Government has taken, and continues to take, to address the issues highlighted. Examples include the continued work of the Improved Containment Working Group and proposals included in the recent Aquaculture and Fisheries Bill Consultation document. We are considering the way forward in light of responses to the bill consultation.”—[Official Report, Written Answers, 30 April 2012; S4W-06830.]

As the minister will be aware, NASCO utilises four focus area reports in monitoring this issue and, according to its recent report,

“progress towards achieving the international goals for sea lice and containment”

had not been demonstrated in Scotland. Does the minister recognise that the reporting of lice levels on individual farms is fundamental in demonstrating progress towards achieving the international goals for sea lice?

In my time as minister responsible for wild salmon and recreational fisheries and, of course, aquaculture, I have sought to promote dialogue between the interests that have to share the same ecological space. I am therefore very pleased to report that as a result of a series of workshops that we have run, and because of the way in which we have worked, the different sectors are now talking to each other. For example, the wild salmon and recreational fisheries industry has sat down with the aquaculture industry to examine the sea lice data that is collected in considerable detail. That is a substantial step forward. That data is collected and published in aggregate, and I am optimistic that we will find the right balance that will enable us to continue to drive sea lice infestation down from what are, in world terms, already very low levels to even lower levels and ensure that there is even less interaction between wild salmon and the aquaculture industry.

What is the Scottish Government doing to encourage an integrated system of fallowing of fin fish cage sites in sea lochs? Has it taken note of the fact that wild salmon and sea trout stocks in particular west coast areas are declining while east coast stocks appear to be rising?

Taking the second question first, I point out that the reduction in stocks is specific to specific rivers. Stocks are rising in some west coast areas and falling in others, but those trends are simply an extension of trends that were in evidence before any farms were established.

On the issue of fallowing, our recent consultation, responses to which we are now analysing, sought views on management areas for estuaries or lochs shared by a number of operators to ensure synchronised fallowing. In taking forward that proposal, we must work with the industry. As long as they serve the public good, I would very much like voluntary agreements to be reached in different areas—after all, they help us by keeping us out of the picture. Fallowing is certainly a very important part of the armoury in dealing with sea lice.

I remind members and ministers that I would appreciate fairly short questions and answers if we are to get through this afternoon’s business.

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Animal Cruelty

3. I will do my best, Presiding Officer.

To ask the Scottish Executive what steps it is taking to tackle animal cruelty. (S4O-00991)

The Animal Health and Welfare (Scotland) Act 2006 makes it an offence to cause unnecessary suffering to animals kept by man and provides suitable powers for enforcement bodies. In the area of animal welfare, we are currently concentrating on developing new legislation on the welfare of animals at slaughter in order to implement European Union legislation early next year. Other issues under consideration include the use of wild animals in circuses, the regulation of equine establishments and the use of electronic shock collars for dog training.

The Scottish Society for Prevention of Cruelty to Animals has raised concerns about consistency in sentencing. I realise that the cabinet secretary does not have a direct input into sentencing, but I note that in one case an individual was given a life ban for not feeding a cat for four days, while in another, a repeat offender was given only a five-year ban for dog fighting. Is the cabinet secretary prepared to engage with the SSPCA on these matters and raise concerns directly with Cabinet colleagues and the Cabinet Secretary for Justice?

I thank the member for raising the matter, although it is perhaps slightly more appropriate to the ministers in the justice portfolio who have just been answering questions. That said, I am happy to speak to the Cabinet Secretary for Justice on the issue and, if the SSPCA has any concerns, I urge it to write to me about them. The Parliament’s job is to legislate and ensure that the appropriate penalties are available to the courts, but ultimately it is up to the courts to decide on each case. Nevertheless, if the SSPCA wishes to write to me on the issue, I will look into it.

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Walking and Cycling to Work (Glasgow)

4. To ask the Scottish Government what action it is taking by means of its climate challenge fund to promote walking and cycling to work initiatives in Glasgow. (S4O-00992)

I recently announced the successful projects to receive funding from round 9 of the climate challenge fund. That included four projects totalling over £1.5 million in Glasgow that contained an element of sustainable transport. Projects included an award to the Glasgow bike station of just under £450,000 over three years for their a better way to work Glasgow project.

I thank the minister for his response and welcome the grants that are coming to Glasgow. I suppose that it is important that cycling and walking initiatives are supported. We know that their benefits are a boost to health and fitness, the reducing of stress and the saving of money, all three of which would probably benefit us all. Has the Government considered a cycle hire scheme with docks at train or subway stations, Commonwealth games venues or throughout the city to encourage more Glaswegians to get active and fit?

I have seen successful schemes of that kind in Brussels and London. It would be a matter for Glasgow City Council to pursue. During the next three years, we will invest more than £20 million in active travel projects and I would be happy for the Government to work with Glasgow City Council on that.

I applaud the Government’s work in creating the climate challenge fund. How much of the fund will be spent on plugging the gap that was created by the cuts to the active travel budget?

The climate challenge fund is about innovation and projects, so it is important that we focus on that. The example that was given in the original question is an example of real innovation. I cannot anticipate what the independent panel will recommend to ministers, but that sounds like the kind of project that should be pursued.

Question 5, in the name of Patricia Ferguson, has been withdrawn. The member has provided an explanation.

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Food and Drink Sector

6. To ask the Scottish Government what action it is taking to promote the food and drink sector. (S4O-00994)

The Scottish Government works with a range of public and private sector partners to promote and invest in the food and drink sector, and our success is reflected in the latest figures, which show that, since 2007, there has been an increase in food exports of 62 per cent and a 50 per cent increase in whisky exports. Retail sales of Scottish brands in these islands have also increased by one third since 2007. Further good news is that the food and drink industry has reached £11.9 billion turnover, which is 95 per cent of the target of £12.5 billion that the industry set for 2017.

I am pleased that the Scottish food and drink sector is in a strong position. Does the cabinet secretary agree that the 2014 Glasgow Commonwealth games will give us a prime opportunity to showcase Scottish produce internationally? What steps are being taken to ensure that producers and other businesses in Glasgow and right across Scotland can make the best use of the 2014 Commonwealth games to further boost the sector?

Of course, 2014 will be a very important year for Scotland, not least because the Commonwealth games will offer a fantastic platform for showcasing Scotland’s larder, so the member has raised a good issue. I assure him that the industry-led body, Scotland Food and Drink, which is supported by the Government, is closely involved with the organisers of the games, as are other Scottish Government agencies. There is a lot of activity on this issue. We do not want to miss the opportunity. Indeed, a few days ago, I saw some good press coverage of the organisers talking about their ambitious plans for promoting Scottish food and drink at the games. I am happy to drop the member a note to bring him up to date on that.

Given the high number of people who are currently in food poverty, what is the Government doing to ensure that, where possible, people can access locally produced food? What more will he do to ensure that the Government not only promotes our food and drink industry internationally, but promotes locally sourced, affordable food at home?

The member has raised another good issue. The purpose of Scotland’s first national food and drink policy that brought together all the different agendas was also to ensure that we took food poverty and community initiatives in Scotland into account. A number of community food initiatives in Scotland are supported through the climate challenge fund, which was the subject of a previous question, and by other means as well, and we are keen to increase our support to community initiatives that get into some of the more vulnerable parts of Scottish society. I am aware of such initiatives in my constituency as well as in the rest of the country, so I assure the member that we will continue to support them.

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Rural Parliament

7. To ask the Scottish Government what progress has been made to establish a rural parliament. (S4O-00995)

Late last year, the Scottish Government commissioned research to carry out a study of existing rural Parliaments in Europe and, earlier this year, we hosted a stakeholder discussion on the creation of a rural Parliament for Scotland. That work will culminate in a seminar on 29 May in which representatives from across rural Scotland will hear directly from European rural Parliaments, and then discuss and agree the potential next steps towards a rural Parliament for Scotland.

Will the cabinet secretary outline the opportunities that the establishment of a rural Parliament will offer to rural communities across Scotland, particularly in my constituency of Carrick, Cumnock and Doon Valley?

If we decide to proceed with a rural Parliament for Scotland and gain the benefits that other countries appear to have enjoyed from their rural Parliaments, that will help rural communities in the member’s constituency and elsewhere in Scotland to have more of a voice and influence over Government policy. That is not a criticism of the existing arrangements, but if there are additional added-value initiatives that other countries have taken forward and which we can take forward to give rural Scotland more influence, we should investigate whether that is appropriate for Scotland.

I am excited about the potential of a rural Parliament, but we may want to do things in a different way in this country compared with how other countries have pursued matters. If we want to proceed with a rural Parliament, we must take the best of what is happening elsewhere and turn it into a Scottish version.

What challenges in establishing a rural Parliament were identified in the stakeholders’ meeting on 6 May? Several recognised rural stakeholders were involved in that meeting, but there were no trade union representatives. Will the cabinet secretary give an assurance that the seminar on 29 May will be fully inclusive?

Many lessons came out of that meeting, but one that sticks in my mind is the need to ensure that, should we proceed with a rural Parliament, our rural communities and stakeholders feel a sense of ownership of it. That is an important message for Governments and politicians of all parties, and we will certainly take it on board.

On the representation at that meeting and at future events, it is clearly always a challenge to ensure that all stakeholders have a voice around the table, and I will certainly take on board any concerns that our trade union movement has. We have to ensure, of course, that not only the usual suspects, but ordinary people from rural Scotland have a say in how we move forward. We have to strike a balance.

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Water Environment (Controlled Activities) Scotland Regulations 2011 (General Binding Rule 18)

8. To ask the Scottish Executive what assessment it has made of the impact that proposed amendments to the Water Environment (Controlled Activities) Scotland Regulations 2011 will have on farmers in the north-east of Scotland. (S4O-00996)

It is estimated that there will be little impact on farmers. A recent James Hutton Institute analysis of agriculture and slopes, for example, shows that only 2 per cent of cereal crops are grown on slopes of over 12 per cent. That percentage relates to all land; the figure for those slopes around watercourses will be much less than 2 per cent, of course. The report contains a detailed example of an area of north-east Scotland and is available for the member and others to see in the Scottish Parliament information centre.

There has been a lot of disquiet in the north-east in relation to the draft of general binding rule 18. Will Mr Lochhead confirm that the wording that is currently in the consultation will definitely be changed in the final regulation to take account of various risk factors, so that the rule cannot be interpreted by anyone as a blanket ban on spreading fertilisers on slopes of over 12 degrees?

As the member will no doubt be aware, the Scottish Government recently met the National Farmers Union of Scotland and put its mind at ease on the potential impact of the wording of the regulations. However, we are reflecting on the comments that we have received in the consultation, and we will ensure that they are taken on board.

I trust that all members agree that we must protect Scotland’s watercourses from substances such as fertilisers for the sake of the environment, and I know that many farmers support that. We have to strike a balance, but we will ensure that the approach is proportionate.

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Water Environment (Controlled Activities) Scotland Regulations 2011 (General Binding Rule 18)

9. My question follows neatly on from the previous one.

To ask the Scottish Executive whether it plans to review its proposal on general binding rule 18, which would prevent fertiliser and pesticides being applied to land with a slope greater than 12 degrees. (S4O-00997)

As I said previously—I am sure that the member listened intently to what I said—we have clarified the proposals on spreading on slopes with the National Farmers Union of Scotland, and it is content that the final drafting will be consistent with existing cross-compliance legislation. As I said, consideration will also be given to all the consultation responses before any final proposals are taken forward.

Do you have a supplementary question, Mr Fergusson?

Oh yes, indeed I do, Presiding Officer.

I am grateful to the cabinet secretary for the two responses that he has given to the question, but the fact remains that the only mention of 12 degree slopes in guidelines throughout the United Kingdom relates to nitrate vulnerable zones. Neither the Welsh Assembly Government, the Northern Ireland Executive nor the UK Government intend to alter their general binding rules, as they do not believe that there is any need or requirement to do so.

It appears that the Scottish Government is alone in believing that the wording in GBRs must be the same as that for NVZs. Will that not, in effect, turn the whole of Scotland into a nitrate vulnerable zone? Is that not an example of gold plating European regulations? Will the cabinet secretary admit that the Government has made a huge drafting error and will he undertake to scrap the changes to the relevant paragraphs of GBR 18?

I counted four different soundbites in the member’s supplementary question. No doubt they will appear in some worthy local newspapers in Scotland.

We must keep the matter in perspective and be proportionate about it. We have said that we will consider closely the consultation responses that we receive. The purpose of the recent consultation was to bring one part of Scottish legislation into line with other parts of legislation that have come from Europe. It should not place any disproportionate burden on Scotland’s farmers.