 Maen nhw i gyd yn gyfnogol iír ystyried i'r wrthegin, ac yn ein dŷng yng Nghymru, Clare Baker. Yndd 19r, sy'n tyngau cadw i'w mynd i niad cymdeithas nag o bach yn LGBTI? I would like, firstly, to extend as you have done the thoughts and sympathies of the people of Scotland to families and friends of all those whose lives were so cruelly and ngynghydredu i'r ysgol yn Erlando yn y Sabun Ddweygrifes. Byddwn ni yn ei wneud y bod możnaímu am eu ddych chi'n ddod i'i gwahyd dros yng Nghymhysgol. Y ddechrau ar gyfer y Pulse nightclub, fel gyntaf oedd y Unig'vei yn ddim yn gwneudoli ar gwn i ac y terraru ffordd. Mae oedd bynnag ein cyntafol. Mae oedd meddylu o'r gwybod�u mendig yn Lgbti pethau that we have seen in the western world in recent times. It is therefore vital, in addition to playing our part in the fight against terrorism, that we also stand shoulder to shoulder with the LGBTI community here at home and indeed across the world. Scotland has made great progress in becoming a fair and equal society. We are considered to be one of the most progressive countries in Europe in terms of LGBTI equality. This Government, this Parliament and, I believe, the people of Scotland firmly believe that there is no place in Scotland for prejudice or discrimination and that everyone must be treated fairly and equally. Tragically, the events in Orlando at the weekend show that there are some who do not share that belief, who prefer to hate and to do so violently. However, we should also take heart and comfort from seeing people across the world, people of all faiths and none, gathering together to express solidarity with those killed and injured and solidarity with the LGBTI community as a whole. However, the tragic events and, indeed, the latest hate crime figures for Scotland, which were published on Friday last week, remind us that there is no room for complacency. I therefore thank Claire Baker for her focus on the actions that the Scottish Government and the Scottish Society must continue to take to tackle LGBTI hate crime and, indeed, all forms of hate crime. We have already implemented strong laws that create new offences and aggravations. We will continue to work closely with Police Scotland and with others to encourage increased reporting of hate crimes, and we will also do everything possible to ensure that perpetrators are brought to justice. Above all else, I think that we should all take the opportunity today to reaffirm the kind of country and, indeed, the kind of world that we are determined to live in. One where hate or hate crime, whether on the basis of race, faith, disability, sexual orientation or gender identity, will simply not be tolerated. Can I associate the Scottish Labour Party to those remarks from the First Minister? All of us watched in shock at the weekend as the news from Orlando came up a dreadful crime that was driven by homophobia and hatred. I know that the thoughts and prayers from across the chamber go to the families and friends who have suffered great loss and to those who are still in hospital. Across the UK, we are seeing demonstrations of solidarity, and the chamber can be proud of the work and the legislation that we have undertaken to make Scotland a more inclusive and tolerant society, not least the Equal Marriage Act passed last year. However, we must always be alert, and the Scottish crime figure statistics that were released on Friday show that, in the last year, there has been a 20 per cent increase in charges of hate crimes related to sexual orientation. In light of that increase, what action the Government is taking to redouble efforts to tackle violence and aggression towards people based on their sexuality and to support those who are coming forward to report crime? I thank Clare Baker for her comments and, indeed, for her question. I think that she is absolutely right to point to the figures that were published last Friday, which underline the point that I made in my original answer. There is no room for complacency. In those figures, we saw a 20 per cent increase in hate crimes based on sexual orientation. We also saw in those figures that transgender hate crime is at its highest level since 2009, since the legislation was introduced. That underlines the importance of continuing the work that we are doing, but also redoubling those efforts. The Scottish Government will continue to take action and, indeed, increase our action across a range of fronts. Education and prevention remains of paramount importance, so, too, is ensuring that we are supporting where necessary with funding, the LGBTI organisation, so that it can work with individuals and with the community as a whole. Indeed, later this week, the equality secretary will make an announcement on future funding to achieve our goal of a Scotland where equality is a reality. Our independent advisory group on hate crime prejudice and community cohesion will also report over the summer. We also need to continue to take action to ensure that people have the confidence to report hate crimes so that our justice system can then do its job in making sure that perpetrators are brought to justice. Across a whole range of issues, the Scottish Government is alert to the risks that many people live with and face sometimes on a daily basis. However, I will end with the comment that I have already made. Scotland is making progress in becoming a fairer and more equal society, but we will only achieve that goal if we also face up to the areas where there is clearly work still to be done. I give an assurance and a commitment to Parliament today that this Government will do that. I very much welcome the First Minister's response, and I assure her that, when it comes to tackling such behaviour across Scotland, she has the full support of the Scottish Labour Party. I accept that it is always difficult to fully understand the hate crime figures. When the crime stats go down, we welcome the fact that they are reducing. When they go up, we welcome more people reporting the crimes. To fully tackle LGBTI crime, we must fully understand the figures. On Friday, the Scottish Government published another report that analysed the breakdown on religiously aggravated offending. Will the First Minister ensure that a similar breakdown is available to LGBTI hate crimes in Scotland so that we can better understand the nature of those crimes? Yes, I can give an assurance that we will give consideration to the further analysis and breakdown that we are able to do so that we better understand those figures. That is something that the Cabinet Secretary will look at specifically, and I will make sure that she continues to laze with members across the party about the progress on that. It is important that we understand the figures, and Claire Baker rightly makes the point that, often in those cases, an increase in offences while something to be deeply regretted will come about because of an increase in the number of people coming forward and reporting those crimes. That is something that we must continue to encourage, but the deeper our understanding of those figures and what lies behind those figures, the more targeted and effective our action is to tackle hate crime in all its forms will be, so we will continue to take action on that front and continue to keep Parliament updated. Ruth Davidson The events in Orlando were an act of terror, a homophobic attack that was directed at the city's LGBTI community and perpetrated in a space that was designed to offer sanctuary acceptance and enjoyment, a safe space to show love that was violated by extreme hate. In Glasgow, London and in cities across the world, we stood in solidarity with Orlando last night and this Parliament stands in solidarity again today. We have stood here too often in recent years as such extreme hate has shocked us all, but we know too that our own country has not been immune in the past from attacks born of a twisted ideology, and we also know that without leadership fear can lead to anger or even reprisal. Does the First Minister agree with me that we must continue to work with our young people to push them away from extremism and that we reaffirm our commitment to upholding the common values of tolerance, freedom and acceptance within and between all of Scotland's communities? The First Minister Yes, I do. I welcome Ruth Davidson's comments on where she and, indeed, I think Kezia Dugdale were in London last night showing solidarity there. There has, of course, been commentary in the media about whether this was a terror attack or a homophobic hate crime. In truth, it was both of those things and we must be very clear about that. I absolutely agree with the point that was made about the importance of leadership and not thinking that we in Scotland are somehow immune from the type of event and what lies behind those events that we saw in Orlando at the weekend. It is vital that we work with our young people in particular—as I said to Claire Baker—the importance of education and through education prevention is of paramount importance. It is also important that we work with all of our communities, our faith communities and all of our other communities. As I am sure others have across the chamber been heartened at the voices in our Muslim community making clear that their horror at what happened in Orlando is just as strong as the horror that any of us feel. However, we must not be complacent, we must not assume that these are the problems only of other people. That is why the range of activity that I have already spoken about is so important and it is vital that we join together within this Parliament and that this Parliament joins with all sections of Scottish society to send that message and do what is required to be done to turn that message into reality. Hate and hate crime will not be, cannot be tolerated in Scotland. Presiding Officer, our thoughts and prayers are with all those who are affected by the attacks in Orlando. We all across this chamber and across this country stand shoulder to shoulder with them, regardless of race, religion, gender or sexuality. This tragedy comes during the Holy Month of Ramadan when millions of Muslims across the world are making personal sacrifices to recognise and learn about those less fortunate. Like the First Minister has said, they are saying loudly and peacefully not in our name. Will the First Minister therefore join me in sending a message to the spreaders of hate that we will not allow your intolerance, we will not allow your mindlessness, we will not allow your heartlessness to divide us or, indeed, to define us? I thank Inas Sarwar for his comments and I know how deeply and sincerely he feels those comments. As he rightly says, we are right now in the middle, not quite the middle, but during the Holy Month of Ramadan, which is a period of peace and sacrifice for all those who adhere to the Islamic faith. On previous occasions, when all too often, sadly, we have come here together to reflect on terrorist atrocities, I have said before and will say again. I am acutely aware, because of the many Muslim constituents that I represent, of how not just the fact that the Muslim community feels the same horror as we do, but often that horror is added to, by the sense that somehow they are being held responsible for acts that they are not culpable for. In many respects, the Islamic faith is as much a victim of this twisted ideology as others are, because it is a perversion of Islam. That message has to be one that we take loudly and clearly. We must make clear to all faiths and to people of no faiths that this kind of intolerance, hatred, will not be tolerated. That is a message that I hope, as we have done so often in the past, we will continue as a Parliament and as a society to join together to voice very strongly and very loudly. Patrick Harvie Can I add the support of the Scottish Green Party to your own comments and those of other speakers regarding the atrocity in Orlando? Many of us joined together in Glasgow as well yesterday. I have only ever felt joy seeing the rainbow flag on occasion flown from the city chambers, and I cannot quite express how it felt to see it at half-mast. The First Minister spoke about the vision of seeing no place in Scotland for prejudice and discrimination. That has not been achieved yet. There are, sadly, still people, including young people, subjected to the ideology that says certain sexual orientations or gender identities are inherent moral defects. The First Minister has described herself as a huge supporter of the Thai campaign, Time for Inclusive Education. How long does the First Minister think that it will be before all schools in Scotland actively promote the equality and dignity of all of their young people, including LGBTI young people? First Minister, can I share Patrick Harvie's sense that he described of feeling an overwhelming sense of sadness seeing the rainbow flag fly at half-mast yesterday, flew at half-mast over the Scottish Government headquarters building yesterday? That was an appropriate mark of respect, but it is not something that we want to see again. I want to see that flag fly proudly, as its name suggests, that it should on happy and uplifting and joyous occasions, as I hope it will do again before too long. Patrick Harvie is right that our aspirations of Scotland being a place of fairness, justice and equality are not yet achieved. Scotland is not unique. I am not sure that there is a single country in the world that could stand and say that that aspiration, ambition and vision has been achieved, but we must make sure that we continue to take the action that will allow us to achieve it. That includes on education. I do not want to live in a country, let alone be the First Minister of a country, where any young person has to feel somehow that because of their sexual orientation or their gender identity, they are subject to judgment or made to feel in any way less than any other individual in our society. I have given a commitment, as Patrick Harvie is aware, to working as Government with the campaign for inclusive education. I am not going to stand here and off the top of my head give time scales, because I do not think that that would be an appropriate thing to do, but what I will do is give a commitment that I, as First Minister, this Government will continue to work with campaigns like that to ensure that, whether it is in a school or any other part of our society, the environment for young people growing up, regardless of their sexual orientation, regardless of their gender identity, is one in which they feel comfortable and one in which they are able to fulfil their potential. That is what we should all aspire to as a country. On behalf of the Liberal Democrats, can I express our deep sadness at the horrific events in Orlando? I agree with the First Minister when she says that there was some degree of comfort in this darkness, with all the crowds gathering together in the cities, not just in the United Kingdom, but right across the world. Does the First Minister agree with me, however, that I think that one of the most powerful signals that we could send in this context is to accelerate our programmes on equality for all of the LGBTI community? We have all got common programmes that we want to deliver in this Parliament, so let us use that to accelerate those programmes so that we can send the strongest possible signal to those haters and terrorists that we will not be intimidated. I am absolutely happy to agree with that sentiment. I hope that I have made clear in my previous answers today that the Scottish Government is not just determined to continue our work on equality but to accelerate the progress of that, and we will certainly make sure that we use the reflection of what has happened in the past few days to enable us to do so. I want all of Parliament, right across this chamber, to be part of that, and we are open to ideas and suggestions about how we pick up the pace of progress or, indeed, whether there is more we can do in any area to accelerate the progress towards the vision that Patrick Harvie spoke about. Any member in any party in this chamber should feel absolutely free to come forward with ideas and suggestions, and they have a commitment from me that the Government will consider them seriously and carefully. To ask the Scottish Government what preparedness it has engaged in in light of the outrage in Orlando for pride marches and other LGBTI events in Scotland. Obviously, the police will continue to make their own assessments and make their own preparations to ensure that pride marches can happen safely and happen in a way that all of those attending them can do so and enjoy the uplifting and joyous occasions that they are intended to be. The Scottish Government will continue to make sure that we are in close liaison with the police on all of those matters. Of course, we will see a number of pride marches taking place in Scotland and elsewhere in the coming weeks. Perhaps something all of us can do to remember and to pay respect to those who died in Orlando but also to show, in very real terms, our solidarity with the LGBTI community is to turn up and take part in a pride march somewhere in Scotland. If all of us do that, that will be a very vivid representation of this Parliament really standing shoulder to shoulder. To ask the Scottish Government what its response is to reports of concerns about the threat to individuals' privacy arising from the surveillance activities of the Scottish Recording Centre. This Government takes the protection of our citizens' civil liberties extremely seriously and we are clear that investigatory powers should only be used when it is necessary and proportionate to do so. We must always balance the protection of those fundamental civil liberties with the need to ensure that our law enforcement bodies have effective powers to investigate and deal with serious organised crime. The Interception of Communications is governed by the Regulation of Investigatory Powers Act 2000. All matters pertaining to the interception of communications are independently overseen by the Interception of Communications Commissioner. That inspection regime includes an annual inspection of Police Scotland's activities in this area. I thank the cabinet secretary for that reply. Cabinet secretary, there are distinct human rights obligations for the Police under the Human Rights Act, and the Scotland act makes clear that any decisions both by the Scottish Government and the Scottish Parliament in relation to policing must be compliant with convention rights. Cabinet secretary, no one would, for one minute, suggest that you interfere in operational matters. However, you are obliged to uphold the human rights act and the Scotland act, so people would reasonably expect that you are able to confirm that all Police Scotland operations and all Police operations in Scotland have a legal basis that respects the human rights act and the Scotland act. Can you confirm that, please? I can confirm to remember that it is important that the actions that are taken by Police Scotland and other law enforcement bodies in Scotland are compliant with ECHR. Additionally, the legislation under which they operate with the powers that we provide them with as a Parliament also needs to be compliant with ECHR. That is why it is important that we recognise that every aspect of our law enforcement bodies are implementing that approach with the powers that we provide them with. The member will also be aware that in the oath for constables within Police Scotland that human rights forms part and up-stand and upholding human rights is a key part of the oath that all officers within Police Scotland take. However, we are very clear that the legislation that governs any areas around intersection of communications and other powers that Police Scotland has need to be compliant with human rights legislation. I thank the cabinet secretary for that reply. He is aware of my long-standing interest in the relationship between his post and UK issues. We will learn that GCHQ feel that they do not, for instance, need the investigative powers legislation. Of course that is because they are doing it anyway. However, nothing absolves your post, cabinet secretary, from defending the privacy of those living in Scotland. That means that you need to have an understanding of those issues. Is all police work in Scotland, including liaison collaborative work with external agencies, carried out in accordance with a strict Scottish legal framework and policy framework? Will you publish that framework in respect of the surveillance regime? Ops, you will recognise that the operation of GCHQ is a matter for the UK Government in the way in which they undertake their responsibilities. There are laws and regulations that are applied to GCHQ and how they operate in obtaining information as well. I certainly would not condone any practices that operated out with the law or were conducted in an inhumane way. That is not to say that this is the case in this particular set of circumstances. However, the legislation that pertains to the interception of communications for Police Scotland is based on the Regulation of Investigatory Powers Act 2000. There is a clear process that Police Scotland has to go through in order to exercise those powers. For example, when it comes to matters relating to the interception of communications, once must be sought from Scottish Government ministers, largely myself, before they can undertake such actions. There are two very clear statutory provisions that need to be satisfied in that particular matter, on the basis of necessity and proportionality in those matters. They are considered in every single individual case. Police Scotland is inspected by OCO on an annual basis to ensure that it is complying with the law and the regulations that pertain to the Regulation for Investigatory Powers Act 2000 to ensure that it is operating within the law. Can the cabinet secretary confirm whether he is asked for assurances that the data process by the SRC was acquired lawfully and, if so, where those assurances forthcoming? Is he confident that the information handled by the SRC was held in accordance not just with human rights requirements, but under the data protection rules as well? I suspect that the member is referring to information that was passed by GCHQ, which has been suggested in the press over the course of the weekend. As I have already made clear, the operation and the way in which GCHQ operates is a matter for the United Kingdom Government and the Home Secretary in particular. They obviously have to operate within the legal confines and the regulations that pertain to the operation of GCHQ. I can assure the member that, in relation to the operation of the powers that Police Scotland has under the Investigatory Powers Act 2000, they are inspected by IOCOL and that they consider whether they are compliant or not, and that no concerns have been brought to her attention by IOCOL. I am confident that Police Scotland is operating within the legal framework that has been set by this Parliament and the UK Parliament when it comes to the intersection of communications.