 Siwethaf. We begin business today with general questions. The first question is from Daniel Johnson. To ask the Scottish Government how many remand and how many sentence prisoners have been sent to HMYOI polemands since 2013 due to space being unavailable at secure care units. Cabinet Secretary, how many are you? In relation to solemn proceedings, there have been none. Local authorities are responsible for remand and somebody proceedings in the Scottish Government doesn't hold information on those particular cases? Thank you, Presiding Officer. I thank the cabinet secretary for that answer, but given that we are now a month on from the tragic circumstances of William Lindsay's death, I do find it surprising that the Scottish Government does not know the number in question, because I think that it is vital that we understand this so that we can put right what tragically went wrong. Can I ask what the Government is going to do to find out what the figure is, and then what it ultimately will do to put right the circumstances that surrounded that death? Ultimately, I think that that is what is required. Can I say a couple of things? In relation to his first question, my answer was that we don't hold that information on record because it is local authorities responsibility. It is something that, of course, I can approach local authorities to ask them about, but what I would say is that we have to be really careful when talking about any incident. If I take the case that the member referenced in relation to William Lindsay's own case, it would be incorrect that it would not be factual to say that there was not secure unit space available at the time of William Lindsay's case on the third and the fourth of October. My understanding, the information that I have, is that there was secure unit availability, and that would have been for the local authority and the social work department in particular, but the local authority to have found that out and to present that to the court at the time. In terms of what we are doing, the Deputy First Minister and I are working extremely closely, because there is an issue around secure unit availability, the fact that if that is not up to a certain level of capacity, then those secure units could potentially close, and none of us would want that. We are working on options. In fact, I have seen options presented to me and to the Deputy First Minister just this week. Of course, I will keep the member and others updated to when we get to what I would think is a more satisfactory position in this regard. Annie Wells It is estimated that 70 per cent of those in prison have a mental health problem. In a report by the Health and Sport Committee last year on healthcare in prisons, it was noted that there is a considerable variation across prisons in relation to mental health care available. What action has been taken by the Scottish Government to ensure that prisoners, no matter where they have been sentons, are able to access mental health support that best fits their needs? I thank Annie Wells for asking that question. It is hugely important. I have visited prisons across the prison estate and I will continue to visit more prisons in the prison estate. Mental health and the addressing of mental health is absolutely the core of what is provided, but I do not doubt at all that we can go further and that more can be done. This is in a variety of settings. We know that, for example, when it comes to female offenders, mental health issues present themselves even more than they do in amongst the male population. However, in amongst the male population, there are mental health issues. We have, of course, when it comes to young people to talk to me strategy. She will know from my answer that I gave previously that, looking at the issues in appellment, we have instructed a review of mental health services in amongst appellment, because, again, we are not satisfied that we are the best place possible. We will continue to work with SPS, with the NHS to provide services, but where we can learn best practice elsewhere, the Government is absolutely open-minded to make sure that we are tackling mental health issues, whether they are in the prison estate or, indeed, outwith. To ask the Scottish Government what its position is on a feasibility study being carried out to address congestion on the Edinburgh city bypass. The Scottish Government recognises the important role that the A720 plays for Edinburgh and its region and the national economy. Transport Scotland is currently monitoring the queuing on this particular route and investigating how it can be better managed. In addition, Transport Scotland is undertaking a second strategic transport project review. That will be a multimodal review and will consider the performance of the A720. We have committed to taking this forward in a collaborative fashion, which will provide a robust evidence base to support future decisions on investment in strategic transport infrastructure across Scotland for the next 20 years. Miles Briggs. I thank the cabinet secretary for that answer. It is clear that we need to see work commenced now to take forward a long-term solution and to address the constant gridlock on the A720. Can I therefore ask the minister, if he would be willing, for the Scottish Government also to commit to a feasibility study and will he agree to meet with representatives from across the area? As I know, there is a growing problem for all of us across this Parliament. Cabinet secretary. The President of the United States of America might be interested to know that the strategic transport project review will consider the entirety of the A720. That work will start next year, which will be informed by the national transport strategy, which is due to be published at the end of next year. The STPR2 will allow us to set out what the strategic investment decisions will be for our transport infrastructure over the course of the next 20 years. That will include making that assessment of the A720. The process that the member is making reference to is facilitated through the STPR process. I encourage those who have an interest in that matter to engage in that process once it has been undertaken by Transport Scotland. To ask the Scottish Government how many businesses in the Stirling constituency have been lifted out of paying non-domestic rates under the small business bonus scheme. Minister Kate Forbes. Information on the small business bonus scheme is not currently available by parliamentary constituency, but as at 1 June 2018, 2,670 business properties in the Stirling local authority area were lifted out of paying rates through the small business bonus scheme. Since the small business bonus scheme was introduced by this Government, it has saved premises in Stirling nearly £39 million. Bruce Crawford. That is very good information from the minister. In addition, can you tell us how much small businesses in my constituency will save next year as a result of the SNP Government's budget that delivers the best budget package for small businesses anywhere in the UK? A budget that, incredibly, the Tories have already said, including Dean Lockhart, who is here today, that they will vote against. I share the member's incredulity that the Tories might be considering to vote against something that saves businesses so much in hard cash. Spend on the small business bonus scheme was £5.8 million in 2018-19 in the Stirling local authority area, and since the scheme was introduced by the Government, it has saved premises of whopping £38.9 million in this area. Dean Lockhart. Scottish Government figures released two weeks ago show that more than 1,200 businesses large and small across the Stirling area have waited over 18 months for the outcome of their appeals against punishing rate increases. For many, the outcome of their appeal will be the difference between staying in business or being forced to close and lay off staff. If, like me, the minister finds this situation unacceptable, what measures will she take to address it? I thank the member for that question. On the first point on appeals, one of the recommendations in the Barclay review that we have accepted in full and which I am taking forward as part of primary legislation next year, as well as other guidance support, is to ensure that the appeals process works for businesses and that it puts justice at the heart of businesses and businesses that need access to justice can get it. However, what Dean Lockhart does not acknowledge is that, in the Stirling area, not only are more businesses in receipt of the small business bonus scheme but the overall value that that is ensuring that businesses save as part of the small business bonus scheme is directly contributing to business growth in that area. To ask the Scottish Government what progress it is making with developing a peer-to-peer mentorship scheme to boost exports alongside CBI Scotland. The minister launched the export challenge on 26 November this year, an event attended by around 100 businesses from across Scotland who have shown support and interest in the challenge. Good progress has been made in developing the detail of the programme and we are working closely with partners, including CBI Scotland and Scottish Development International, to ensure that it is a successful implementation. I would like to take this opportunity to encourage businesses to feel that they would benefit from being mentored or who are experienced exporters, and I would like to participate as a mentor to volunteer for consideration to take part in the programme. Gordon Lindhurst In a recent policy paper, CBI Scotland outlined a number of measures that the Scottish Government can take to support Scottish businesses to export. Some of those recommendations include addressing the following number of students passing foreign language exams, making up the shortfall in STEM subject uptake and looking at whether secondary, further or higher education could offer opportunities to study commercial international trade. Does the minister agree that improving our children's education in those areas is key to growing exports, and has he discussed those matters specifically with the education secretary? Ivan McKee I can understand the point that the member is making and I undertake to have a conversation and take those matters up with my colleagues, the education minister, to discuss that. Clearly, that is one aspect and that is part of the overall approach that we need to be looking at. Monica Lennon To ask the Scottish Government what its position is on the procedures used by the Public Defence Analysis Office and the Scottish Legal Aid Board to investigate workplace bullying and harassment. Ash Denham The Scottish Government has a zero tolerance to any form of bullying, harassment and discrimination from any source and where it occurs it is essential that it gets reported and tackled. It is for the Scottish Government in overseeing the work of public bodies to promote diversity and help create an open culture, which will increase the likelihood of individuals speaking up about any wrongdoing. As the Scottish Legal Aid Board is a non-departmental public body, staff are employed directly by the organisation. All public bodies must have their own robust grievance policies and procedures in place and the Scottish Government requires these grievance policies and procedures to comply with appropriate employment legislation, that they are accessible, that they are clearly understood by staff and, importantly, that staff know how to access and use them. The Scottish Government also provides a model code of conduct for staff of public bodies and SLAB has confirmed that it complies with this model. Monica Lennon I thank the minister for her reply. Kerry Evans is a lawyer in the Public Defence Analysis Office. Kerry is deeply unhappy with the way SLAB has handled her claims of bullying by her line manager. As reported in the Sunday Mail, the Scottish Legal Aid Board gave Kerry's personal diary about alleged incidents in her workplace to her line manager without her knowledge. The information commissioner has said that this was a breach of data protection obligations. I understand other concerns about bullying at this public agency have been raised. Will the minister take this seriously and request an independent investigation of the case and make sure that staff have full confidence in the policies and procedures that are in place? Monica Lennon Let me assure the chamber that, although Scottish ministers have no mechanism to intervene or to comment on any individual or current cases, the Scottish Government is working to tackle and to challenge the underlying attitudes and inequalities that perpetuate that kind of behaviour. I am sure that the member would accept that. On the particular case, the chief executive has confirmed that an independent and external organisation with expertise in employment law, HR and health and safety matters was commissioned specifically to review the circumstances and the organisations policies and procedures for handling such matters. The chief executive has confirmed that relevant policies and procedures will be reviewed and updated in light of the recommendations from the external review, and I expect to be kept updated on any developments by the chair of the board. The right to privacy is very important, and public bodies are responsible for ensuring that they adhere to data protection laws, and the information commissioner's office is responsible for that regulation. The Scottish Government, I am sure that the member will understand, cannot comment on this particular case that relates to an on-going grievance. Alex Cole-Hamilton To ask the Scottish Government what discussions it has had with the United Nations regarding proposals to raise the internationally advised minimum age of criminal responsibility to 14. Mr Murray Todd The UNCRC is consulting on its draft revised general comment number 10 to seek views on its proposal to advise a minimum age of criminal responsibility of 14. No final decision has been made, and we will of course consider the views of the UN committee once a final version of the revised general comment has been received. To date, we have had no discussions with the UN committee. We were contacted by the UK Government on 11 December 2018 regarding the response to the consultation, and we will provide our contribution in due course. Alex Cole-Hamilton I am grateful to the minister for that answer. Fewer than 712 and 13-year-olds are referred to the children's reporter on offence grounds each year. A further half dozen are referred to criminal courts. Those are not significant numbers, but the impact of a criminal record on life chances for any young person is significant. It is traumatic, and it is lifelong. It is why the children's reporter's administration told the human rights committee at stage 1 of the age of criminal responsibility bill that there was an imperative to go further than 12 in setting out our new ACR. Given that the UN will likely raise the internationally prescribed minimum age of criminal responsibility to 14 in February, does she share my concern that the bill will be out of date before its ink is even dry? Minister The Scottish Government absolutely recognises and respects the significance of the UN committee's general comments as an aid to interpreting the convention. We are committed to respecting and protecting human rights. We consider the recommendations by international organisations very closely in our policymaking, and we seek to uphold the very highest standards of children's rights in a responsible and in an appropriate way. In Scotland's case, the age of criminal responsibility has to be looked at within the context of our unique children's hearing system. The children's hearing system provides a distinct welfare-led alternative to criminal procedure for the vast majority of children under 16. Raising the age of criminal responsibility must be looked at in the wider context of current approaches. We should all acknowledge the Government's willingness, the Government's record in this area, and its willingness to bring forward further reform in Scotland. Oliver Mundell Thank you, Presiding Officer. Will we believe that 12 strikes the right balance? Can the minister confirm, if she was aware that the UN were considering raising the recommended age of criminal responsibility before she introduced the bill and gave evidence to the committee at stage 1? The Scottish Government was made aware of the consultation on 14 November 2018, the day after the Scottish Parliament's day 1 stage 1 debate on the age of criminal responsibility. Question 8, Liam Kerr. To ask the Scottish Government what the clear-up rate for housebreakings is. The Minister for Rural Affairs and the Constitution has said that the clear-up rate for housebreaking was 23.9 per cent in 2017-18. That was up from 22.5 per cent in the previous year. That has remained at similar levels over the last decade, since the advent of devolution, the number of housebreakings recorded by the police fell by 73 per cent to the lowest level since comparable records began. Liam Kerr. Thank you, the cabinet secretary for that answer, which, phrased a little more bluntly, confirms that over three quarters of housebreakings in Scotland go unsolved and unpunished under the SNP. That is a disgrace. When did the cabinet secretary last meet the chief constable specifically to discuss this issue? Cabinet secretary. Well, chief constable and I obviously meet on a regular occasion and discuss how we can improve safety. Of course, when it comes to issues of housebreaking again, that is something that I talk about regularly with my officials and with the police. However, on a serious point, of course, when it comes to clear-up rates, we want to work to ensure that they are better, they are higher. However, the member should not ignore the fact that housebreakings have dramatically fallen with the SNP. In fact, in the north-east region, the one that the member has an interest in, I am sure that they have fallen by 58 per cent between 2008 and 9 in 2017 and 2018. The clear-up for housebreaking in the north-east has increased by 5 per cent in the past year, so we are starting to improve. I agree with him that they should be higher, and we will continue to work with the police to do that. However, I am sure that he would welcome the fall in the housebreaking over the past decade. Kenneth Gibson Minister, can you tell us how clear-up figures for housebreaking in Scotland compare to England with the Tories and Government? I understand that it is less than 10 per cent. What I would say is that there are many comparisons to make with England and Wales. We have seen a reduction of housebreakings. In fact, in England and Wales, there has been an increase in housebreaking. That might be in part because, in Scotland, we have invested in our police officers and a police service. We have, for example, awarded a 6.5 per cent pay increase, while in England and Wales the police service are taking the UK Government to court because they will not pay them the appropriate amount. In Scotland, since the SNP has been in power, we have increased police numbers to record levels to 913 more than we inherited. In England and Wales, they have fallen by almost 20,000, a terrible indictment of course of the UK Tory Government. Of course, that is why we are seeing housebreakings reduced in Scotland, whereas we are seeing them increase in England and Wales. We will continue to invest in our police officers, continue to make sure that Scotland is kept safe and we will leave the Conservatives to cart from a sedentary position.