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8 June 2006

(S2F-2342) Scottish Criminal Record Office Inquiry

5. Stewart Stevenson (Banff and Buchan) (SNP): To ask the First Minister what steps the Scottish Executive will take to give effect to motions S2M-4485 and S2M-4486, agreed without dissent by the Justice 1 Committee on 1 June 2006. (S2F-2342)

The First Minister (Mr Jack McConnell): Motion S2M-4485 concerns a report that was provided as part of a criminal investigation; as such, it is a matter for the Lord Advocate. Motion S2M-4486 is being considered by the Minister for Justice. We will try to find a way forward that will assist the committee while preserving the important legal principles that the Minister for Justice has previously set out.

Stewart Stevenson: I hope that the First Minister will accept that there is common cause to reinstate confidence in the fingerprint system in Scotland—which, of course, is why the motions were passed by a unanimous vote in the committee.

The First Minister mentioned the Lord Advocate. The report that is being sought is, in essence, in the public domain, but the detail behind it is not yet in the public domain. It would be of very great assistance if the First Minister could assure us that further efforts will be made. I hope that the First Minister is able to assure Parliament—and I invite him to do so—that the discussions that are currently taking place with the Minister for Justice will be rapidly concluded. The investigation by the committee is well under way and we have little time left.

The First Minister: In some of the sessions of the Justice 1 Committee this week, we have seen the difficulties in this case and the difficulties in ensuring that a conclusion can be reached that will help to rebuild confidence in the justice system—not only in the fingerprint service but in other aspects of the system too. I absolutely agree with Stewart Stevenson if he is genuine about seeking common cause to restore that confidence. I welcome that indication and I hope that in the work and in the conclusions of the committee, we will see that that objective is clear.

It is my sincere belief that matters relating to reports commissioned by the prosecution in Scotland are not matters for politicians and I hope that the committee will take that into account. I believe that such matters are matters for the Lord Advocate, which need to be handled properly to ensure that our legal system is not put in a difficult position in the future by any precedents that would be set.

In relation to matters that affect the Executive and reports commissioned by us for legal advice in advance of cases in which we are defending the public interest, there are important issues to be considered. The Minister for Justice is happy to discuss those issues in detail with representatives of the Justice 1 Committee. A meeting has already taken place between the convener of the committee and the Minister for Justice. I understand that this week's meeting was a helpful initial attempt at finding a way forward. We are determined to assist the committee as much as we can.

Pauline McNeill (Glasgow Kelvin) (Lab): The First Minister has alluded to the meeting that I had with the Minister for Justice this week at which, as the committee's representative, I set out the case for the committee to have access to both MacLeod reports and the Mike Pass report.

Does the First Minister acknowledge the cross-party efforts that the Justice 1 Committee has made to give an extremely important issue a public airing? Does he accept assurances from me as the committee's convener that we have no desire either to override the important issues that must be taken into account when the release of the reports in question is considered or to set a precedent? Does he agree that it is in the interest of the public and of the Parliament to ensure that we obtain all the information that is relevant to our important inquiry into the McKie case and the Scottish fingerprint service, so that we can make our findings?

The First Minister: It is important that the information that is made available, the advice that we give and the assistance that we provide help the committee to conduct itself in a way that is helpful to ensuring that we restore confidence in the fingerprint service and the system as a whole. I welcome the fact that committee members from different parties have indicated that that is their objective. I simply counsel that there are important principles to do with the independence of the prosecution from politicians that the committee needs to heed in the work that it undertakes.


I believe that the committee has done a good job so far. It will be important for it to take further evidence—I understand that that is its intention. I hope that we can reach a conclusion on the issue speedily and that we can ensure that the committee's recommendations and the actions of ministers work together to ensure that people in Scotland can have faith in the system and can believe that, in spite of the disagreements that may exist among experts about individual fingerprints or anything else, the system as a whole is robust and that the principles of the Scottish legal system will be maintained.

23 March 2006

(S2F-2202) Honours (Recommendations)

5. Stewart Stevenson (Banff and Buchan) (SNP): To ask the First Minister how many recommendations for honours have been made by the Scottish Executive since 2003. (S2F-2202)

The First Minister (Mr Jack McConnell): One thousand seven hundred and forty-six names have been recommended to be considered for the biannual honours lists since 2003.

Stewart Stevenson: Is the First Minister aware of a written answer that was given to me by Mr Tom McCabe in answer to a question about the honours recommendations process? It states:

"Details of this process are confidential."—[Official Report, Written Answers, 29 July 2005; S2W-17373.]

The First Minister talked about the job of politicians. Is it not the case that a key part of politicians' jobs in this Parliament is to be open and accountable to the people of Scotland? Is it time for the First Minister to retract the statement by Tom McCabe and to change the Executive's approach to the honours system?

The First Minister: Not at all. I can think of few things that would be more foolish in relation to the honours system. The vast majority of the 1,746 people who were put forward for honours were nominated by others in their local community. They were not all successful, because of the balance that is struck in the list between different backgrounds, geographical areas, interests and types of voluntary organisation. It would be entirely wrong for us to remove confidentiality from the process, because of the embarrassment that might be caused to those who were not successful.

Stewart Stevenson: Ah—the embarrassment.

The First Minister: Mr Stevenson shouts about the issue, but a school cleaner who is nominated without their knowledge for a national honour but does not make it on to the list on that occasion does not want to be the subject of a national media story. It was not their choice to be nominated and it would be foolish to put them in that position.

The 1,746 names to which I referred included names of people whom I approved for nomination, who were successful in the national system for determining honours but who chose for a reason not to accept the honour. We should not embarrass those who want to do that confidentially. There is a very good reason for the names being confidential. People do not want to be embarrassed in the way that I have described. Mr Stevenson should rethink his attitude to the issue, which is very wrong.

2 February 2006

(S2F-2103) Drug Use (Children)

5. Stewart Stevenson (Banff and Buchan) (SNP): To ask the First Minister what action the Scottish Executive has undertaken in response to the findings published in 2003 by Professor McKeganey, which examined the extent of drug use and exposure in 10 to 12-year-olds. (S2F-2103)

The First Minister (Mr Jack McConnell): I have every sympathy with Stewart Stevenson. He has a record of raising these issues and today he has had to follow on from earlier questions. I acknowledge the particular problem in his constituency and his interest in the issues. I hope that we can continue to work together on them.

As I said earlier, we are taking action on a number of fronts. We are ensuring that there is drugs education available in all schools; a national public information campaign; early intervention and diversionary programmes for youngsters and families; and improved treatment for those with acute problems.

Stewart Stevenson: I take the opportunity of saying that the First Minister will have a faithful friend for any sensible initiatives to which we can all sign up. However, the signs are not encouraging. I have been asking questions for around three months about what we know of these issues. The First Minister will know that Professor McKeganey's report was commissioned not in Scotland but by the Home Office—it was not a Scottish report.

In written answers on 3 November and 18 November, I was told that we do not know the size of the drugs trade and that we do not work with the Home Office. We do not have a report such as the one produced annually in London that gives information on the size of the drugs trade south of the border, on how many people are using different drugs, and on what the impact of those drugs is. Is it not time that we had quality research into factual ways of determining policy in Scotland—research that is at least as good as what is available south of the border?

The First Minister: It is vital that our approach covers all the different areas in which we must have an impact through policy, funding and the other decisions that we make. We do that not by reference to the Home Office but by reference to what is happening here in Scotland.

If Mr Stevenson indeed watches the matter carefully, he will see that in certain areas the Home Office and the United Kingdom Government are learning from what is happening in Scotland. That is good, and such an approach helps us because drug dealers do not exist in either Scotland or England but move across the border.

Aside from Professor McKeganey's report, the report entitled "Hidden Harm: Responding to the needs of children of problem drug users", on which an action plan will be published this spring, was also produced in 2003. We know from that report, and from the widespread consultations that are important if we want to bring together everyone who works in the drugs field, that we need to improve drugs education in every school in Scotland and that not only the police but—critically—our Scottish Drug Enforcement Agency must take certain educational and enforcement measures. Indeed, the Parliament will debate this afternoon the creation of an agency with wider powers, among other issues. Furthermore, we need to ensure that the money that we retrieve from dealers through convictions is reinvested in the community to tackle any damage that has been caused.

Evidence has shown that those actions must be taken, and the changes and adaptations in policy, the new laws that have been created and the new funding that has been allocated in recent years have all been based on that reality. We will continue to do those things and more.

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