Contents
- General Question Time
- First Minister’s Question Time
- Neilston & Uplawmoor First Responders
- Supported Business
- Decision Time
General Question Time
Good morning. Question 1 is in the name of Michael McMahon. Michael has been unavoidably detained, so we will go right to question 2.
Revenge Pornography
To ask the Scottish Government what action it is taking to protect people from the impact of revenge pornography. (S4O-03622)
Distributing and publishing revenge porn is a despicable crime, especially as it is often motivated by an intention to humiliate the victim. That is why the Scottish Government considers that there is a strong case for creating a specific offence to make it illegal to share explicit, intimate images without consent and we intend to seek views on the matter soon. A bespoke criminal offence would assist prosecutors and send a clear signal to society that such behaviour is criminal.
There are, however, existing laws that prosecutors can use when prosecuting the distribution of explicit images of another person without their consent. For example, offences of threatening and abusive behaviour or improper use of a public communications network may apply. Prosecutors are committed to ensuring that these criminal activities are effectively dealt with.
The cabinet secretary will be aware that I have been campaigning against revenge porn for a number of years. Scottish Women’s Aid has recently restarted its stop revenge porn Scotland campaign, with the tagline:
“It is not your fault, we are here for you.”
The cabinet secretary talked about a bespoke criminal offence, which is something that I am very interested in. I hope that he will look at that very carefully. He also mentioned existing laws. I am concerned whether prosecutors are using the existing laws. What education is being put in place to ensure that prosecutors are using the laws that are at their disposal now? Will he commit to work with Scottish Women’s Aid on the bespoke criminal offence, to ensure that we stamp this thing out for good?
I am aware of Christina McKelvie’s campaigning on the issue and of her debate in Parliament on it. She has been prescient in leading on the requirement for action. We have entered into discussions with Scottish Women’s Aid and the Lord Advocate has been pivotal in leading on the issue.
I assure Christina McKelvie that the Crown Office and Procurator Fiscal Service is aware of the complexity of the issue. It understands the great harm that revenge porn causes, because Scottish Women’s Aid liaises with it. For that reason, prosecutors are advised, schooled and trained on the current laws that are available. However, the Lord Advocate believes that a bespoke offence would be better, as it would make things simpler and more straightforward for prosecutors.
I assure Christina McKelvie that we will work on all these areas. We will use the appropriate laws that we have at present to the best of our abilities and ensure that people in the police and the Crown are properly apprised of them and properly trained and schooled. I also give the assurance that we are seeking to consult on a bespoke offence. The devil is always in the detail, but we are aware that other jurisdictions are proceeding to bring in such legislation. It is something that we must consider and we will do so positively.
Transatlantic Trade and Investment Partnership
To ask the Scottish Government what discussions it has had with the United Kingdom Government in relation to the transatlantic trade and investment partnership. (S4O-03623)
Scottish ministers have discussed the TTIP with the UK Government at meetings of the joint ministerial committee in March and October this year. In addition, the Cabinet Secretary for Health and Wellbeing has been in correspondence with the UK Secretary of State for Health regarding concerns about the impact of TTIP on the Scottish national health service. Officials are actively engaging with UK Government officials about the progress of the negotiations and any potential implications for Scotland.
I have seen a copy of the letter from Vince Cable, at the Department for Business, Innovation and Skills, to members of Parliament at the House of Commons, dated 22 September. I do not know whether the minister has had the opportunity to consider that letter, but is he happy with the UK Government’s assurances on, in particular, the substance of the interstate dispute settlement provisions? Does the Scottish Government have a view on the transparency of the negotiations that are taking place?
As Mr Campbell is aware, my colleague the Cabinet Secretary for Health and Wellbeing is primarily dealing with this. My understanding is that assurances have been sought from the European Commission and the UK Government. The response from the European Commission has been encouraging; the response from the UK Government lacks an unequivocal assurance that the NHS will remain as it is and will not potentially be open to being sued for not going down the privatisation route. That is something on which we are still seeking cast-iron assurances from the UK Government.
Wild Fisheries Review
To ask the Scottish Government how it will take forward the recommendations of the wild fisheries review. (S4O-03624)
The independent wild fisheries review, which was chaired by Andrew Thin, submitted its thorough and wide-ranging report to me on 8 October.
This Government takes seriously the conservation status of our wild fisheries and is determined to ensure that the management of our fisheries is fit for purpose for the 21st century. I have committed to considering the review’s report and recommendations in depth and to consulting on proposals for a new management system for our wild fisheries in due course, to ensure a sustainable future for the sector.
I am encouraged by the minister’s answer.
One of the recommendations of the review is that we halt the decline in Atlantic salmon stocks. Recent reports from the North Atlantic Salmon Conservation Organization point to a decline in Atlantic salmon numbers at sea from 10 million to 3.6 million, and the percentage of salmon smolts that return to Scottish rivers has dropped alarmingly in recent years. What will the Scottish Government do to improve the situation and fulfil its international obligations to conserve salmon stocks? Should it follow the example of Ireland, which in 2007 brought its drift-netting regulations into line with scientific advice and evidence? Will the Scottish Government do the same with net harvesting of mixed-stock fisheries? Can the minister inform me about a timetable for progress on the review’s recommendations?
The member asked a few questions there, Presiding Officer. I hope that your patience will be on display as I answer.
Conservation of salmon stocks is important. We have announced a preliminary move on the close season, putting measures that have been adopted on a voluntary basis on a mandatory footing. The member will be aware that we are taking that forward across Scotland for the period to 1 April; we will consult on the issue shortly.
We have also had conversations with colleagues in Norway, Iceland and Chile, which face similar challenges with high mortality rates for salmon. It is fair to say that there is a degree of uncertainty about the causes of mortality. Suggestions have been made and we need to do more research collectively. I am looking forward to collaborating with the Governments in Chile and Norway on how we take forward a common agenda on research into the conservation status of the species.
Issues such as netting were considered in the review. Andrew Thin has made recommendations, which we are considering, about the future management of netting activity. I merely say to Mr McGrigor that the circumstances in Ireland and England are different from those in Scotland in that we must take into consideration the fact that there are heritable rights to netting in Scotland. We take very seriously our obligations on the conservation of salmon and other species.
Mr Gibson, you may have a supplementary if you promise to ask one question.
Thank you, Presiding Officer. My question is a short one. Given that we should welcome demand for more beats among young anglers and in the wider angling community, how will the Scottish Government develop the proposals in the wild fisheries review for an angling for all programme?
That is an important aspect of Andrew Thin’s review. We are keen that the sport of angling should have a viable future. It is a popular sport, but we are aware that there are difficulties for young people in accessing opportunities to enter the sport and difficulties in ensuring that there is adequate provision for the general population to enjoy the sport sustainably, with conservation of species in mind. I assure the member that we are looking closely at such issues. I am aware of the proposal that he mentioned and we will make recommendations in due course.
Tata Steel (Sale of Long Products Division)
To ask the Scottish Government what support it has offered employees affected by Tata Steel’s sale of its long products division, which has operations in Dalzell and Clydebridge. (S4O-03625)
This is a worrying time for the employees of Tata Steel and their families. On learning of the announcement by Tata Steel, Angela Constance, Cabinet Secretary for Training, Youth and Women’s Employment, spoke with John Park, strategy and policy director at the Community trade union, which represents the majority of the Scottish workforce. Yesterday, I spoke with John to maintain our close links with the workforce and to discuss the emerging situation, and I have agreed to meet him for further discussions.
I have also spoken to David Mundell MP, Parliamentary Under-Secretary of State for Scotland, regarding the concerns of the workforce in Scotland, and I have followed that up with a letter to Vince Cable, underlining our commitment to working together with the United Kingdom Government to safeguard jobs and investment in Scotland. Finally, Scottish Enterprise has maintained its dialogue with Tata Steel and is engaging with the Klesch Group. At present, there has been no announcement of any impact on jobs. However, we continue to closely monitor developments and stand ready to support the workforce.
What assurances can be obtained that, if the Klesch Group successfully buys the Tata Scottish operations, jobs will be maintained in the Scottish sites?
I am not sure that I picked up the precise wording of the question, but I assure the member that we will leave no stone unturned and will do everything possible to preserve and protect jobs in Scotland—that is a priority for us. Across the Scottish Government, we will do everything within our power to maintain steel production in Scotland.
I appreciate the minister’s involvement in the issue so far, but I think that everybody would agree that any takeover raises concerns and that on this occasion those concerns could well be justified because Klesch has a reputation for asset stripping and dumping companies, which poses a threat to steelworkers in Motherwell and Cambuslang, and to Scottish manufacturing in the wider economy. Although the minister has had consultations, has he directly asked for a meeting with both Tata and Klesch to try to remove the concerns of the people I represent in Motherwell and Wishaw?
I had discussions with Tata when I visited the Scottish sites, and we of course continue to engage closely with the companies. However, the primary responsibility and need at the moment is for Scottish Enterprise through Lena Wilson, its chief executive, to pursue discussions directly with both Tata and the Klesch Group. I can assure Mr Pentland, first, that we will keep him fully informed of all developments, as Angela Constance made clear at the outset; and, secondly, that I will personally liaise extremely closely with Lena Wilson on the work that Scottish Enterprise will do. It is essential that we do everything that we can to maintain steel production in Scotland. We of course rely on the UK Government to work closely and fully co-operate with us, and we will make sure, within our power, that that happens as well.
Dog Ownership (Consultation)
To ask the Scottish Government what control measures it is considering following its recent consultation on promoting responsible dog ownership. (S4O-03626)
As the member will know, the consultation focused on a range of issues to promote responsible dog ownership, including compulsory microchipping, licensing, muzzling and dog fouling. It also provided an opportunity to suggest alternative measures to foster responsible dog ownership. There was a good response to the consultation, with over 2,000 responses submitted. Analysis of the responses is now complete and we will publish the analysis report on the Scottish Government website tomorrow.
I am sure that the member will wish to read the report in due course, but what I can say now is that there appears to be wide support for compulsory microchipping, little support for compulsory muzzling and mixed views on some of the other measures in the consultation. The Government will now of course carefully consider those views and we will seek to announce our response and next steps in the near future.
As the minister is aware, I want to work with the Government, as I am sure all members in the chamber do, to ensure that we take this issue forward. However, it has been over a year since Broagan McCuaig was attacked in my constituency. What action will the minister take so that we in the chamber can take forward proposals that will allow us to make an everlasting commitment to give our communities maximum protection from irresponsible dog owners and dangerous dogs?
Of course, it is exactly in response to the horrific incidents in the member’s constituency and elsewhere in Scotland that we are taking these issues very seriously and have conducted a wide-ranging consultation on a number of measures that could make a real difference. We have to balance the interests of animal welfare with public safety and we will give careful consideration to the measures, but I assure the member and the rest of the Parliament that the Government is taking the issues very seriously indeed and we will bring forward measures as quickly as we can.
Rail Services (Kilmarnock to Edinburgh)
To ask the Scottish Government what progress it is making in introducing a direct rail service from Kilmarnock to Edinburgh. (S4O-03627)
Through the next ScotRail franchise, Kilmarnock will benefit from the extension of the new two-hourly services from Stranraer, which will provide eight services a day in each direction, enabling connection to Glasgow via Barrhead.
In addition, the extension of the Stranraer to Ayr services to Kilmarnock offers increased connection via Dumfries to Carlisle. This route will further benefit from more services from December 2017, catering provision from December 2015, scenic trains, new platform waiting shelters, increased cycle storage and rolling stock refresh, including the fitting of auto door closing and wi-fi, plus the more general roll-out of smart card and fares initiatives.
Throughout the life of the franchise, we will continue to work closely with the franchisee in the review of current service levels and demand as we seek to identify even more improvements for passengers.
The minister is fully aware that a direct service with reduced journey times to the capital would create employment opportunities for my constituents and that it might not require much investment in the existing rail infrastructure. Will he agree to meet me to discuss the matter further and see how we might take it forward?
The member has been a staunch champion of improvements to the services, some of which I have outlined, and I am sure that that was noticed by the franchise bidders during the process. Some of the longer-term improvements involve infrastructure and also timetabling, but I am more than happy to meet him to discuss the matter.
Transvaginal Mesh Implants
To ask the Scottish Government whether it has suspended the use of transvaginal mesh implants. (S4O-03628)
In line with the Cabinet Secretary for Health and Wellbeing’s announcement on 17 June, the acting chief medical officer wrote to all health boards on 20 June requesting that they consider suspending transvaginal mesh implant procedures.
Since 17 June, when indeed that letter was sent and mesh was supposed to be suspended, one health board alone, NHS Greater Glasgow and Clyde, has implanted a further 29 women with these tainted products, and we know that the deputy chief medical officer wrote to health boards asking them to “encourage” women to take part in clinical trials. Was the cabinet secretary’s call to suspend mesh genuine or is he being undermined by his senior officials and some within the medical profession who have a vested interest in continuing to implant mesh?
I do not think that it is appropriate to question whether the cabinet secretary’s request to suspend the use of this particular mesh is genuine. The cabinet secretary spoke in the strongest possible terms about the potential for suspending these types of procedures. However, the member will also be aware that there will be individual circumstances where clinicians, in consultation with the women involved, will consider all the potential risk factors and potential complications and the women themselves may choose to go ahead with the procedure. We should allow women who wish to make that decision to do so.
The deputy chief medical officer’s letter was in relation to a different procedure. It came about as a result of a request from clinicians about a new procedure that they were looking to undertake, and about encouraging women to take part in clinical trials in order to improve that procedure for the women concerned.
It is rather disingenuous of the member to try to suggest that the cabinet secretary has been other than committed to trying to address this dreadful issue.
Local Authorities (Equal Pay Claims)
To ask the Scottish Government what progress local authorities have made in settling equal pay claims. (S4O-03629)
Local authority equal pay claims are the responsibility of the local authorities concerned and therefore the Scottish Government does not hold data on them. However, the Scottish Government is keen to see a resolution to all local authority equal pay claims and will continue to encourage councils to resolve all such issues as quickly as possible.
What assurances can the minister give to the many thousands of low-paid female workers who were affected by the failure of local authorities to settle equal pay claims timeously that those claims will now be settled much more quickly and that they will receive the full compensation that should have been paid out many years ago?
That is, of course, a matter for local authorities, but the Scottish Government has tried to be helpful in encouraging them along. Where there is a financial pressure to bring closure to this issue, the Cabinet Secretary for Finance, Employment and Sustainable Growth, John Swinney, has agreed to the request from the Convention of Scottish Local Authorities to provide more financial flexibility to deal with equal pay claims. We hope that, within that set-up and that response, the outstanding local authorities that remain to conclude these matters will do so as quickly as possible.