 The first item of business today is portfolio questions, and we start with question number one from Alison Harris. To ask the Scottish Government whether it plans to revisit the granting of third-party rights of appeal in planning applications. Minister Kevin Stewart. Thank you, Presiding Officer. The introduction of a third-party right of appeal in the planning system has been considered on a number of occasions, including in our recent independent review of planning, which did not support such a change. Our on-going consultation focuses on strengthening engagement early in the planning process, rather than introducing new appeal rights after a decision has been made. Alison Harris. Is the minister aware that many individuals and community groups feel that the planning system is loaded too much in favour of the applicant? Where is the fairness where an applicant can appeal against a refusal to grant planning consent by a local authority? The same right is not given to objectors should the planning consent be granted. What is the Government plan to do about this further? Minister. Presiding Officer, we want more decisions to be made locally. Expanding the range of applications that can be delegated and made subject to local review procedures means that decisions will be taken at the lowest local level. The proposals that are identified in the consultation and from the independent review identify more meaningful early collaboration will ensure that that is the case. I am very keen to make sure that we become much more focused in ensuring that community planning and spatial planning come together. I think that that is the best way to deal with all of this, rather than to have even more centralisation in ministers having to decide on applications. With the use of new technologies, I think that we can do much to improve that system. I hope that Ms Harris will respond to the current consultation and will encourage all of her constituents to do likewise. Alex Rowley. Presiding Officer, while the review itself does not recommend equal right to appeal and the Government ruled out an equal right to appeal, it is true that those who commented, particularly community organisations and groups, were in favour of an equal right to appeal. In order for this process and consultation to have public confidence, does the minister agree that we need to be able to answer the question, if there is no equal right of appeal, why is there any right to appeal at all and what rights will be in place for communities? Minister. Thank you, Presiding Officer. Our proposals reflect the independent review following very widespread public consultation and the focus on improving performance and confidence in the system. We also have to ensure that there is confidence in achieving the sustainable economic growth that we all want for Scotland. I think that the most important thing, as I said to Ms Harris, is to make sure that we get this right at the earliest possible part of the process rather than appeals at the end. That is why I am so keen to ensure that we can engage communities through community planning and bring spatial planning into that so that they have their say at that particular point in time. I think that all of that is entirely valuable and I think that that is the best way forward. However, the Government will listen to what people have to say during the course of the current consultation. To ask the Scottish Government what assurance it can give communities that objections to proposed developments will be fully considered in the appeals process, given the reported 25 per cent increase in the last year in the number of local authority planning rejections overruled by ministers. Independent reporters consider all material considerations, including valid community representations when making a planning decision on behalf of Scottish ministers. Our current planning consultation paper supports the independent panel's view that appeal decision notices should clearly summarise how community views have been taken into account. Residents in East Renfrewshire faced the prospect of losing Broome Park, a cherished community greenspace to development. With mental health, obesity levels and poor fitness all topics of serious concern, it would be a mistake to allow the destruction of a resource that provides opportunities for recreation, exercise and social interaction. Does the Scottish National Party Government recognise the benefits to the community and what assurances can be given to the Save the Broome Park protest group that the Scottish Government will support them in opposing the development of such developments? The member may be very well aware that, as planning minister, I cannot comment on individual cases that may cross my desk. If he is not aware of that situation, I would ask him to take account of that when he formulates questions in the future. In terms of his initial question, the figure of a 25 per cent rise in planning appeals allowed is due to a misrepresentation of DPEA decisions and inclusion of work other than planning appeals. Just for 2016-17, although obviously as yet incomplete, it suggests that the percentage of appeals that is allowed is in line with those years for which we have complete data. Any fluctuation in the number of planning appeals where the original decision has been overturned would be significantly lower than the 25 per cent suggested by Mr Golden. In terms of the residents that he talks of, I would ask him to engage too with the planning consultation. I reiterate what I have said previously in the fact that I want communities to become much more involved in the planning system at the early stages. That is the point where they should have their real say rather than relying on the appeals system. Richard Lyle I thank you, Presiding Officer. Further to that comment by the minister, would the minister agree that the focus of the Scottish Government must be on strengthening engagement in the planning system and does the minister recognise the benefits of a stronger early engagement can be a more positive and constructive approach? Presiding Officer, I fully agree that early engagement in the planning process is essential, and Mr Lyle is absolutely right to highlight that. Our current consultation sets out proposals for improving engagement, including a new right for communities to plan their own places and measures to secure more meaningful engagement from the outset in both plan and decision making. I believe that that would be much more constructive than introducing a right of appeal that has been asked for by others at the very end of the process. Clare Haughey To ask the Scottish Government whether it is confident that the UK Government will lay its commencement order in time for the Scottish Government to take forward its social security plans. Jeane Freeman The joint ministerial working group on welfare, which comprises ministerial representatives from the Scottish Government, Scotland Office and the DWP, agreed at its last meeting on 11 October that the UK Government would work with the Scottish Government to transfer legislative competence by June 2017. That agreement is reflected in the published minutes of that meeting, and in all of our discussions with the UK Government and DWP since then, we have been very clear that we expect this timetable to be adhered to. Assuming that the commencement order is laid on this timetable, we will then introduce our social security bill to the Parliament by the end of this parliamentary year. Work on that bill is proceeding on the basis of that clear and unequivocal agreement. Clare Haughey I thank the minister for that answer. Does the minister agree that it is the DWP who is responsible for the progress and delay of the relevant sections of the Scotland Act? As it is imperative to ensure the safe and secure transition of those powers, the DWP must take responsibility for the timetable as it stands. The member is right in that both Governments have a role in that exercise, and therefore the UK Government and the DWP are wholly and solely responsible for laying the necessary commencement order, which will allow the Scottish Government to meet our commitment to introduce the social security bill before the end of this parliamentary year. That responsibility would naturally extend not only to progress but also to delay. However, we have not been talking to them about delay. We have been talking to them about adhering to the timetable agreed in that joint ministerial working group. That said, a safe and secure transfer of those vital benefits, one that ensures that no payment is missed and no recipient goes without, requires a large-scale programme of work to be carried out jointly by the Scottish and UK Governments and the DWP. In delivering that, we will be accountable to this Parliament and the people of Scotland. I am sure that the UK Government and the DWP accept that they are accountable for their part too. Adam Tomkins Thank you. The minister has said before that there is no delay, and she talked in her answer there to the member about adhering to the timetable. In that context, what is the timetable for the Scottish Government to publish its summary of the responses to the consultation exercise on social security? We are almost at the end of receiving and looking through the independent analysis of the consultation responses and drafting our response to that, and I expect to be able to publish both in the coming weeks. Brian Whittle To ask the Scottish Government what action it can take to ensure that charities and third sector organisations that support communities are appropriately resourced. Charities and third sector organisations play a crucial role in supporting our communities and are absolutely key to driving forward social justice and inclusive economic growth. The third sector has access to resources through a range of programmes right across the Government, and funding for the core third sector budget in 2017-18 will be protected at the 2016-17 level of £24.5 million. I thank the cabinet secretary for that answer. While visiting and speaking to third sector organisations whose services are crucial in the community, the major concern that consistently gets raised is one of on-going funding. Those organisations in my area, such as Add Action, which works with alcohol and drug addiction, or WG 13, which gives second chances to young people who are looking to develop work and life skills or centre stage or the holiday project and many, many more, are much better placed to deal with community issues than central government. With an ever-decreasing pot to apply to and the declining resource of the big lottery, will the Scottish Government consider how it can best support those vital community resources and look at how it can influence the length of term of any funding to allow proper planning and stability for both service users and providers? After all, how effectively could we do our roles if we needed to seek annual re-election, shudder, shudder? I firstly would like to thank Mr Whittle for his supplementary question because, unlike his equality spokesperson a few weeks ago, he has taken the opportunity to advocate and champion the role of the third sector. We all in our day-to-day jobs rely on the third sector, who are very often at the front of tackling poverty and inequality in our country. The point that he makes about the need for longer-term security for funding is indeed well-made. We have a manifesto commitment about making it far easier and simpler for the voluntary third sector to access funding and we are also looking at three-year role in funding where appropriate. The point that he makes about the voluntary sector having a reach, a reach into communities that the otherwise statutory agencies struggle to be as effective on. I welcome his endorsement, praise and support of the charities in the third sector. I really hope that some of his colleagues can learn from his example. Can the cabinet secretary confirm that the Scottish Government has no intention of introducing an anti-advocacy clause, as the UK Government has already done, which restricts the activities and campaigns of charities and third sector organisations? I can confirm that the Scottish Government has absolutely no intention of introducing an anti-advocacy clause, as the UK Government has done. Charities and the third sector have been part of shaping Scotland for many years. They bring an insight and perspective to public policy, and we make absolutely no apologies for operating in such a way to enable our partners in third sector organisations to participate in policy development and to provide honest challenge where that is important. One of the strengths of the third sector is that they are not afraid to speak truth to power. That is not always comfortable for Governments, but it is part of who we seek to be, and we have absolutely no wish to deter this important part of the democratic process. The cabinet secretary will be aware of the fantastic work that is done in third sector and voluntary organisations by advocates and advice workers on income maximisations. Those organisations are reliant on local government for £8.75 million worth of funding to provide those vital services. How does the cabinet secretary feel that the £327 million worth of cuts to local government is going to impact on income maximisation advice and advocacy in the third sector, given the reliance on local government funding? The reality is that it is very hard and it is very core. The Government has tackling inequality, poverty and the systemic disadvantage that exists structurally in our economy. I believe that local government has been given a fair offer, and when you consider the additional resources that are put into education, health and social care, we will see an additional investment in services on the front line. On Mr Griffin's very important point about the role of advice services in income maximisation, I endorse that. Across the Government, we are investing in the region between £40 million and £50 million into advice services. There are specific funds for advice services that are focused on income maximisation. As a Government, we announced at the beginning of the year a new fund, the £29 million fund, the aspiring communities fund. That is one tranche of money that has been matched with the European social fund. There are many sources of funding, and it is our job to ensure that we get maximum impact on that. The point about income maximisation is well made, and it is often the key to unlocking disadvantage and discrimination. 5. Patrick Harvie Thank you very much. I ask the Scottish Government what its position is on the time for inclusive education campaign pledge, which calls for LGBTI-inclusive education. Cabinet Secretary for Education and Skills Ministers recognise that those are concerning issues and are committed to understanding more fully the current experiences and views of children and young people in schools. The Scottish Government will continue to work with all our key stakeholders, including TIE, Stonewall Scotland and LGBT Youth Scotland, to address those very real concerns. It is important to better understand the relationship, in particular, between mental health issues and bullying, and in particular the impact on LGBTI young people. We will take action to address that, including commissioning research, if appropriate. Patrick Harvie Thank you. I take on a matter of trust, the fact that the Government has good will on those issues. I hope that the Government understands that there is good will from across the political spectrum on those issues as well. Given that the 40 plus MSPs who have signed the campaign pledge represent members of all political parties, I hope that we can agree that it is something that we can make substantial progress on together. The campaign pledges include some things that could, I think, be done relatively quickly and straightforwardly. For example, monitoring inclusion activity in schools and ensuring that bullying is properly recorded and developing teacher training materials. I would hope that all five elements, including curricular inclusion, can achieve progress in the near future. Given the level of political support and the breadth of the campaign, will the cabinet secretary commit to giving a full written response in detail to the campaign pledges, and can she indicate how long it will take for the Government to produce that kind of response? I thank Mr Harvie for the tone and tenor of his question. I will indeed supply a full written response. It is appropriate that I do that in partnership with the Deputy First Minister, our education secretary as well. He will be aware from the comments that the First Minister made only a few weeks ago that the Government and ministers were supporters of the Thai campaign. The First Minister made crystal clear our commitment and determination to take forward the issues identified. We indeed need to move from words to deeds. There are some early actions taken by the Deputy First Minister in terms of the delivery plan for education with timescales to report back for this year. As a Government, we are considering our options. How we achieve what we all want, which is a better experience, better support and better outcomes for young people, we have to give that serious consideration about how we achieve in the context of how our current education system currently operates. Nonetheless, there are great opportunities for early action. I, as the equalities secretary, am particularly interested in the issues around monitoring and reporting. I am aware that there have been surveys from Thai, Stonewall Scotland and the health survey about bullying and behaviour in schools. That points to me to more comprehensive research, but comprehensive research with the purpose of a springboard for action. Nonetheless, we need to look where we can quickly move from words to deeds. As a Cabinet Secretary will know, all schools must pursue an anti-bullying strategy. As many of us will recall from our own school days, children can be bullied because of their appearance, ethnicity, the way they speak and a host of other reasons. Does she agree that schools must regularly oppose the bullying of any pupil, regardless of the cause, wherever and whenever it occurs? The Scottish Government has to take bullying in all its forms very seriously. Bullying of any kind, including homophobic, biphobic and transphobic bullying, is unacceptable and has to be addressed swiftly and effectively whenever and wherever it arises. Children and young people have to feel safe, happy and respected and included in their learning environment. All staff have to be proactive in promoting positive relationships and behaviour in the classroom and the playground and beyond in the wider learning community. We will publish our refreshed anti-bullying guidance later in the year once the Deputy First Minister has the opportunity to carefully consider all the points that will be raised by the Scottish Parliament's Equalities and Human Rights Committee. To ask the Scottish Government when carers allowance will be increased for carers in Glasgow. Increasing carers allowance to the same level as job seekers allowance, providing an additional £600 a year to carers, is one of the key commitments that we have made in respect of our new social security powers and reflects the recognition that we give to carers who make such an important contribution to our society. We are in active discussions with the Department for Work and Pensions to assess options for delivery ahead of the new social security agency being fully operational. At this point, it is not possible to confirm exact timescales. I thank the minister for the answer. I agree wholeheartedly in the policy to increase carers allowance to the same level as job seekers allowance, that will benefit carers who sacrifice their own lives to care for others. 11,000 carers in my own region of Glasgow, and the minister is right to suggest that a £600 increase will be a lifeline for many carers and a £6 million boost for carers in the city of Glasgow alone. The reality is that the powers for this top-up came in September 2016, and carers across the country deserve a direct answer on when we can expect that increase to take place. It is one thing demanding powers, it is a second thing getting the power, it is a third actually delivering justice and fairness for people who deserve that extra support. I am glad that the member recognises that there are stages in this exercise. We have been around this a few times in this chamber, and the stages in this exercise are that the UK Government has to lay the commencement order, we have to bring the bill to the Parliament, we then have to establish our own social security agency to deliver at our own hand the increases and the changes and improvements to the 11 benefits that will be devolved to us that we intend to do. In advance of that, we rely on the DWP to make any changes that we might wish to make in the interim. I have just explained to the member that we are in active discussions with the DWP about their capacity to deliver any increase to the carers allowance in advance of us working through the proper stages to secure the safe and secure transfer of benefits to this Government. That is an indication of our recognition of the importance of the commitment that we have made to carers and our intent to try and do that sooner than we have the agency to deliver it for ourselves. At this point, I cannot give a timescale because those discussions are on-going. As I made clear in an earlier answer, at this stage and throughout this exercise, this is a joint exercise between this Government and the UK Government and the DWP. We need the DWP to be able to deliver this for us at this point, just as we have agreed with them how they will deliver the flexibilities in universal credit that I was very pleased to announce a couple of weeks ago. To ask the Scottish Government what role it considers charities and the third sector play in helping people and creating an equal and fairer society. The third sector is a pillar of our society and is at the forefront of our drive to tackle poverty and inequality in Scotland. We should be very proud that there are over 45,000 third sector organisations operating in Scotland and more than a quarter of our population volunteer. Many play their part in building a better and fairer Scotland for us all. That is why I have, as I said earlier, protected the third sector budget at the 2016-17 level of £24.5 million to maximise the impact of the sector in reducing disadvantage and inequality, working with communities to tackle tough social issues at source. Does the cabinet secretary agree that a recent comment piece by the Tory's own equality spokesperson that gave credence to a tabloid investigation full of inaccuracies—or fake news, as some people might call it—was utter and revealed the Tory's preference to restrict the activities and campaigns of Scotland's charities was utterly shameful? We should instead celebrate the important role that the third sector plays in highlighting policy issues and providing a voice on public policy. I personally found some of the stories that appeared in the press offensive and disrespectful to the thousands of staff and volunteers who worked very hard for charitable causes up and down the country. Of course, press and journalists are absolutely free to say and do as they wish. I would not want to interfere with that in any way. I suppose that I was somewhat disappointed that a member of the chamber and those benches across their ages embedded what I perceive to be a slur on an entire sector. We all know that MSPs right across the chamber that we have benefited and no doubt have used and quoted from the briefing's information, policy work and evidence to committees that has been provided by our very vibrant third sector. Our third sector provides value for money and they punch above their way. They are a pillar of our democratic and transparent society. They are not a thread to speak truth to power to whoever is in power and they are at the forefront of community-led action to tackle poverty and inequality. Jamie Greene A report published yesterday by the Veterans Mental Health Charity Combat Stress highlighted that Scottish veterans are much more likely to end up living in deprived areas compared to ex-servicemen and women in the rest of the UK. In the sample of 3,000 ex-servicemen personnel, over half were found to be living in some of the most deprived areas of Scotland. Can I ask the minister what action the Scottish Government might take to work with charities and the third sector to ensure that our veterans are equipped with the adequate resources that they need to meet the complex challenges that they face when they leave the military? Again, I welcome that question from Mr Greene. I am a former prison social worker and often on my caseload there were ex-squaddies who had experienced post-traumatic stress disorder, had abused drugs and alcohol, had committed an offence and as a backbencher in this Parliament I had led a debate and did some work with stakeholders that looked at the overrepresentation of ex-veterans within our mental health system and indeed within our veterans, within our prison system as well. The point that he raises is very important and he rightly points to the evidence that came to our attention yesterday. So, as a Government, we have Keith Brown who has a responsibility over and above bin economy secretary as the veteran's cabinet secretary is a champion for veterans, but we must remember that we also have to work very closely with the MOD who have a responsibility like we all do for those who have given their utmost to serve their country and that we have to continue to care for them when their active service is over because if we don't that creates extreme ramifications not just for individuals but for families and for communities and if there's further information that I can provide the member through the work that we're doing in the third sector I'm happy to provide that but there will also be other colleagues across this Government that will share with him the endeavour to do far more for our veterans. 8. Rona Mackay Thank you Presiding Officer. To ask the Scottish Government how it will ensure that the planning system will drive forward regeneration and promote long-term economic growth. Thank you. Planning is a key role to play in delivering Scotland's economic strategy. The importance of the role of planning and supporting regeneration and long-term economic growth runs through the proposals in our current planning consultation. Supporting sustainable economic growth and regeneration and the creation of well-designed sustainable places is one of the four outcomes which support the Scottish Government's vision for the planning system. Rona Mackay Thank you for that answer. Can the minister set out how Scotland's planners can empower our communities and provide a stable environment for investment through the uncertain times that we live in? Rona Mackay We want Scotland's planning system to empower people. We've invested in tools like the place standard, which provides a framework for communities to get involved in the planning process. Use of the place standard is an excellent opportunity for people of all ages to take part in conversations about the quality and the future of their places. Our proposals on long-term spatial planning and the delivery of infrastructure and housing will provide a secure environment for growth investment. Beyond that, as I've said in earlier answers, what I want to see is communities involved in planning the length and breadth of Scotland and the incorporation of community planning and spatial planning. I think that that is extremely important. To every member who has asked questions on the issue today, I encourage Ms Mackay to get as many of her constituents as possible to respond to the current planning review. Can I ask the Scottish Government what funding and support it provides to projects that aim to tackle inequalities? In October 2016, the Scottish Government published its Fairer Scotland action plan to create a more socially just society, and a number of budgets across Government provide support to tackle inequality. For example, the social justice and regeneration budget allows us to deliver a range of actions to achieve social justice, including £3.6 million to support advice and advocacy services, and £1 million to tackle food poverty. There is also the Community Empowerment Scotland act and the Empowering Communities Fund at £20 million, which empowers local people and helps communities to deliver action and to tackle poverty and inequality. In addition to that, the equality budget at £20 million supports activity to promote equality across a range of protected characteristics. There was a recently announced funding of £29 million, which will support communities and third sector organisations to develop new ways to help people to overcome disadvantages within their communities. I thank the cabinet secretary for her answer. In terms of tackling health inequalities, she will be aware of the Eat Canny project in Murray, which is a project run by four local charities, Community Food Murray, Elgin Youth Development Group, REAP and Transition Town Forest. They have carried out more than 200 cooking classes and many other initiatives to help to make people access easier, healthier eating in their communities. Their funding is due to run out in March of this year, but I am sure that the cabinet secretary agrees that it is really important that they continue their good work. I know that various cabinet secretaries have various funds that could potentially help the project to continue in our communities throughout Scotland. I wonder if she would be willing to have her officials to look at what help might be made available to the Eat Canny project so that they can continue their good work in the Murray communities, just like similar initiatives that they are doing elsewhere in the country. I am aware of the excellent work undertaken by Eat Canny and the work that they do in particular to tackle health inequalities through food. Mr Lockhead is right that there is a range of alternative funding resources. For example, the aspiring communities fund will provide support to communities to work collaboratively with partners to accelerate the design and delivery of a stressed community-led initiatives that tackle poverty, inequality and exclusion. There is also community food and health Scotland, which is funded by the Scottish Government, which provides a range of advice and support to groups in this area, including things such as practice development, community retail and nutrition and cooking classes, as well as running annual development funds. I can, of course, write to the member with more detail on all that and across Government, too. Presiding Officer, to ask the Scottish Government how it supports food banks. Presiding Officer, we believe that access to sufficient nutritious food is a basic human right, and that no one in a nation as rich as Scotland should have to access food banks. That is why we have established the £1 million a year fair food fund to support the development of approaches that support people affected by food poverty in a dignified, sustainable way that reduces reliance on emergency food aid. The fair food transformation fund, which is a subset of the fair food fund, supports 36 projects, 14 of which are food banks, which are adapting their model to provide more dignified responses. Recently, I have had a very productive meeting with Trussell Trust, in which we discussed key areas in which we could work together, including supporting the Trussell Trust to carry out some key research into food poverty. Presiding Officer, I would like to put on record my thanks to the Trussell Trust for educating me and a number of MSPs in this Parliament about the wonderful work that all food banks do, which have become necessary in today's world. Importantly, many food banks now go beyond the role of ensuring that people do not starve in today's society and provide a wider advocacy role. Would the minister outline whether there is a Government policy and the long-term use of food banks necessary, though they are now? I suppose that in the long-term, we really would want to see progress towards ensuring that they are not a necessary part of society. Would the minister consider an all-party meeting to discuss the long-term use of food banks and perhaps get an understanding of the wider approach that the Government is taking to funding them, giving them much wider role that they seem to now be playing? Yes, Presiding Officer, I am always happy to meet the member and others to discuss our long-term approach to tackling the causes and consequences of food poverty. I am sure that the member is aware of the work that was done by the short-life working group on food poverty that produced the report Dignity Ending Hunger Together in Scotland. We very much based our policy and approach on the work that they have done in and around the fair food principles that have to have dignity at their very heart about opportunities for service users to be involved in having a real say in how services are delivered with other opportunities to volunteer or to upskill. Of course, we all have to be in the business of finding ways to eradicate the need for food banks, as opposed to them becoming normalised. In terms of the work that we have done today with the short-life working group, we are focused on moving from food charity to food justice. There are a number of areas that we are pursuing to achieve that, but I am always happy to discuss in more detail. I agree with much of the comments that Pauline McNeill said a few moments ago. Does the cabinet secretary agree with me that the UK Government's mal-administration of benefits, welfare cuts and benefits sanctions have continually pushed more and more people into food poverty, an increase to demand and a number of food banks in Scotland, and that that is a shocking trend that really does need to stop? Briefly, cabinet secretary. Yes, that would be my view as a Scottish Government minister, but it is also the view of the independent third sector, who are pointing to very clear evidence that the current benefit, conditionality and sanctions regime is neither fair nor proportionate. Both Scottish Government and stakeholders have been highlighting the negative impact on individuals across Scotland as a result of sanctions, and we are clear that sanctions have been a major driver to food banks. According to the most recent figures from the Trussell Trust, the number of people seeking assistance from food banks continues to rise, with the issues around benefits accounting for 44 per cent of referrals. I am clear that food poverty is a symptom of wider poverty, and that the UK Government's welfare cuts and punitive sanctions regime are pushing more and more people into acute income crisis. That is a shameful situation in an advanced and successful country and economy such as ours. I apologise to members for not getting through very many questions there. We now move on to the next item of business, which is a statement by Annabelle Ewing on a review of legal aid, and we'll just take a few seconds to change seats.