 The next item of business is First Minister's Questions, and at question number one I call Douglas Ross. Thank you very much, Presiding Officer. The SNP Government has said that they want to hold another divisive independence referendum in October next year. But Nicola Sturgeon can't even say if ferries will float by then. She won't have closed the school attainment gap by then. She won't have returned NHS services to normal by then. And she won't have cleared the court backlogs by then. So First Minister, why should all these pressing issues play second fiddle to another divisive independence referendum next year? First Minister? First, Presiding Officer, let me welcome Douglas Ross' line of questioning. It is at least an implicit, if not yet an explicit recognition that yes, people in Scotland will have their say on independence. In line with the democratic mandate that this Parliament has. Second point, Presiding Officer, is that the case for independence is not distinct or separate from the big challenges that Scotland in common with countries across the world is facing right now. Instead independence is part of the solution to those challenges. It's about how we equip ourselves better as a country to meet those challenges and fulfil our potential. It's not the distraction that Douglas Ross wants to pretend it is. Instead it presents an alternative to a failing UK system. A failing UK system that gives us right now a Prime Minister with no democratic or moral mandate in Scotland that has given us a Brexit that we did not vote for, that is giving us the highest inflation in the G7, the lowest projected growth in the G20, with the sole exception of Russia, that is constraining our public finances and tying the hands of this Government. Of course, a UK system that gives us the obscenity of a Government that tries to shore up its own base by deporting vulnerable people to Rwanda utterly immoral. Felly independence is an alternative to that and it gives this Parliament additional powers to navigate those challenges and to meet the full massive potential of this country. Douglas Ross, what a depressing answer from the First Minister. Never once responding to the points about education, about our NHS, about the justice system. We will hear Mr Ross, thank you. Never once responding to the issues that are pressing for people across Scotland right now, which will be playing second fiddle to an independence referendum, because we know that the First Minister cannot focus on improving our country when she is trying to divide it all over again. We can see right now what happens when this SNP Government is distracted. The census was a shambles, because the constitution secretary, looking up to the sky, maybe for some divine inspiration, was too busy updating the UK bad bar charts to actually count the number of people in Scotland. That's what happens when time and resources are thrown squarely behind things that really should matter. Mistakes are made and the people of Scotland are the ones who suffer. Let's look at Scotland's NHS. Waiting lists are continually hitting record highs across our health services, from A and E to cancer diagnosis. Patients are waiting years for essential treatment. First Minister, why doesn't Scotland's NHS deserve your full focus right now? First Minister, those issues have my full focus, but since Douglas Ross has raised them, I'll come on point by point to take on the issues that Douglas Ross has raised, and he should listen carefully to that. First, he talks about bar charts. What every one of those bar charts showed in the publication that we produced on Tuesday of this week is that across 10 different countries with different characteristics, but all of them independent across Europe, comparator countries to Scotland, they are wealthier, they are fairer, they have better wellbeing than Scotland is part of the UK, they make the case for Scotland becoming an independent country. Let me set out the ways in which this Government is using our current powers and in doing so making the case for more powers. Let's look at the economy. In the most recent quarter Scotland's GDP grew, the rest of the UK contracted. Unemployment right now is lower in Scotland than in the rest of the UK, unlike the rest of the UK, Scotland has a positive trade balance and goods with the rest of the world. We have the position as the top performing... We will hear the First Minister outside of London. First Minister. We will hear the First Minister, thank you. Business research and development up under this Government by 99.5 per cent compared to under 30 per cent in the rest of the UK. Let's turn to schools. According to the OECD, Scotland has the highest proportion of 25 to 65-year-olds in the UK with post-secondary education. Of all UK nations we have the highest number of teachers, we have the highest number of schools per 100,000 pupils. On the last exam day we saw higher passes at the highest level in the history of devolution. Access to university, the independent fair access commissioner says that Scotland has set the pace with regard to fair access across the UK, and of course we've got free tuition in Scotland. Finally, on justice, recorded crime at one of the lowest levels since 1974, down 41 per cent under this Government. Lastly, health and social care. We have record staff numbers, a higher staff number than other parts of the UK, and we have the best-paid staff anywhere in the UK. If that's what we can do with the powers of devolution, imagine how much better we can do with the powers of independence. Douglas Ross. The First Minister's answers are as selective as her bar charge. Again, nothing about the attainment gap. What happened to that being your number one priority? Two questions about the NHS and two answers that never mention it. Those issues are put on the back burner. Those issues are put on the back burner. Those issues for the SNP and the SNP Government are put on the back burner when they have set a date for an illegal referendum in just 16 months time. Nicola Sturgeon is distracted all over again, and we know what happens next. Every time the SNP campaign for another referendum, Scotland's drug deaths spiral. The First Minister has admitted it herself. Members! The First Minister has admitted it herself. She took her eye off the ball and people lost their lives. The latest figures show that Nicola Sturgeon's drug deaths scandal remains the worst in Europe. We've brought forward a solution that we could implement straight away. Our right to recovery bill now has cross-party support. Nicola Sturgeon's Government could throw its weight behind it, and we could pass that bill now, this year. So, First Minister, why should a referendum bill be passed before you sort out Scotland's drug deaths scandal? First Minister, firstly on drug deaths, I have said and people listening to these sessions of First Minister's questions will have heard me say this. We will look very sympathetically at Douglas Ross' bill when Douglas Ross publishes that bill. We can't do that until the bill is published. So I hope we can find consensus and agreement. There have been some concerns raised about what might be in the bill by experts. There are other experts who have voiced real support for it. So that willingness to work together is there. Of course, we're investing £250 million over this Parliament to tackle drug deaths. And while there is no room for complacency, we've seen in recent statistics a reduction in the number of suspected drugs deaths over the months to March 2021. Going back to other aspects of Douglas Ross' question, he said bizarrely that in my previous answer, I didn't mention the NHS or the attainment gap. I mentioned both. I pointed to the Commissioner for Fair Access. A core part of tackling the attainment gap is to reduce that in access to university. The independent commissioner has described our progress as an unambiguous success. I also mentioned the NHS, the fact that we have record staff numbers and the best-paid staff anywhere in the UK. Lastly, Douglas Ross should really stop. There is a real desperation at the heart of Douglas Ross' approach to independence. It's very telling, isn't it, that he is so terrified of the substantive debate on independence? So terrified of the verdict of the Scottish people on independence that he's reduced to somehow trying to pretend that democracy in Scotland is illegal. It is not a question of whether this Government respects the rule of law, we do and always will. The question is, is Douglas Ross a Democrat, and I think the glaring answer to that is no. Douglas Ross? First Minister, your priorities are all wrong at the worst possible time. It is a crucial moment right now for public services and our economy. We've just gone through a pandemic. War in Europe has hiked energy prices. There is a global cost of living crisis. It's time for us all to pull together and focus on improving public services, on creating jobs, on restoring schools, on fighting crime, on supporting our NHS. Scotland has the potential to rebuild stronger. A focus on our recovery is what the Scottish people overwhelmingly want. We need a strong Government for all of Scotland, but we're getting a weak campaign group for the nationalist minority that values grievance over governing. First Minister, why is the SNP's obsession with a referendum next year more important than the priorities of people across Scotland right now? First Minister, independence is about ensuring that we have a strong Government for all of Scotland. Independence is about ensuring that we can better meet the priorities of the Scottish people and deal with those challenges. Because what Douglas Ross needs to reflect on is that so many of the challenges that he has outlined are being exacerbated right now in Scotland because we are not independent. Brexit, taken out of the EU against our will, Brexit is why we are suffering the highest inflation in the G7, the lowest growth in the G20, apart from Russia. It's why we are seeing constrained budgets. That's Brexit, and that happened to Scotland because we are not independent and people across the country are paying the price of it right now. Independence is the solution. Lastly, because we are not independent, we currently have a Prime Minister, even Douglas Ross, who might not be tomorrow, who doesn't think is fit for office. The Prime Minister, the second ethics adviser to Boris Johnson, who has resigned to said this morning that the Prime Minister has placed him in an impossible and odious position. Douglas Ross seems to agree with Christopher Guythe that Boris Johnson is putting him in an odious position. The difference between Douglas Ross and Christopher Guythe is that Christopher Guythe has the decency and honour to resign. Question 2. Anna Sarwar. Today Audit Scotland has published the latest in a series of damning reports uncovering the SNP Government's failures. It shows the Government made over 300 spending announcements during the Covid pandemic, but failed to monitor how that money was spent. Over 40 per cent of the additional funding for health and social care has not been spent. The First Minister said at the election that her priority was Covid recovery, but Audit Scotland says that there are billions of pounds of Covid money being held back while our public services, businesses and workers are crying out for support. Why is Covid recovery no longer your priority? Why has this money not been spent and will you guarantee that every penny will be spent on rebuilding Scotland? That is not what this morning's shows. It is a very good, positive report, and we will pay very close attention to the recommendations that it makes. Let me share some of what the Audit Scotland report actually says. The Scottish Government spent more on dealing with the pandemic, £15.5 billion than was allocated through consequentials by the UK Government. The report actually only goes up to December 2021, not to the end of the financial year. Of course, at that time the money is unallocated. Of course, the pandemic is not completely behind us, so we need to continue. Without the consequentials to support it, we need to continue to support the economy and our public services. The report also says that the Scottish Government managed its overall budget effectively, that the Scottish Government developed some specific schemes that were unique in the UK. They did not exist anywhere else in the UK. We acted with the essential urgency and speed. We established systems to detect and to reduce any fraud in the system and that we worked well with partners across the country. Yes, it suggests some lessons that we should learn, and with all aspects of the pandemic we will make sure that we learn those lessons. For the first time, the First Minister has denied the reality in the report. What it refers to is money that was committed but not spent. It makes it clear about reserves that yes, it is a good thing to build reserves, but money to do it is not. It is the equivalent of taking a payday loan and putting it in your current savings account. It does not work and it is not good for Scotland. However, that is not the first time that Audit Scotland has highlighted this Government's incompetence. As is typical with this Scottish National Party Government, there is a culture of contempt for anyone who dares to ask a difficult question or exposes an inconvenient truth. Even when it is one of your own, they close ranks and give them a slap on the wrist instead. In the face of uncomfortable truths about their financial mismanagement, SNP figures are openly talking of, I quote, clipping the wings of Audit Scotland. They have already cut their budget by nearly a fifth since they came to power and the spending review makes clear that there are year on year of cuts to come. Is it not the case that Nicola Sturgeon is cutting Audit Scotland's budget because it makes it harder for them to do their job, it makes it harder for them to expose his Government's failures and it makes it easier for her to get away with it? I thought Anna Sarwar might have done some basic homework before coming to this chamber. I have some news for Anna Sarwar on that point. The Scottish Government does not actually set the budget for Audit Scotland. The budget for Audit Scotland is independently funded through the Scottish Parliament and the audit fees that public bodies pay for it. Members, I would have thought you might have known Mr Swinney. Members, I cannot hear a word that the First Minister is saying and I am sure that we would all like to hear this session. I am not sure that Anna Sarwar will want to hear this but I certainly want him to. The figures in the spending review in relation to Audit Scotland are illustrative because we have to have illustrative figures but they do not replace the independent processes whereby this Parliament scrutinises and determines the budget of Audit Scotland. That is just basic stuff that I would have thought a leader of an opposition party might have known. Secondly, on reserves. The reserves were fully utilised as part of the 21-22 budget management process. They were transparently allocated within the budget revisions. That includes the £134 million of Covid funding, specifically ring funds for health. No funding currently in the Scottish Reserve relates at all to Covid-19 business support funding. Again, basic stuff that I might have thought a leader of an opposition party would have known. Lastly, Anna Sarwar accuses me of being selective in my quoting of the Audit Scotland report. I have got it here, it is page 4. It is the actual report. I am just going to read from it. Collaboratively and at pace with local and UK government to direct significant public spending in difficult circumstances. It is critical that lessons are learned about what worked well and what needs to improve. Secondly, the Scottish Government streamlined governance arrangements to direct funds quickly. It goes on to say, yes, it is hard to see how some financial decisions were reached but that is because we were acting quickly because it was a global pandemic. It directed a large proportion of funding to councils and other public bodies who had existing systems and local knowledge to enable them to spend quickly. Fourthly, the Scottish Government has managed its overall budget effectively. Yes, some Covid-19 funding remains unspent but that is because this report did not go up to the end of the financial year. Again, basic stuff that I would have thought the leader of the opposition would have known. Anna Sarwar. Nicola Sturgeon could be as condescending as she likes. We are used to it. The reality is that she is selectively quoting on one page when the report makes clear that it is not clear where the Covid recovery money is going to be spent and there are billions of pounds of reserves sitting in IGB accounts or in local government accounts. That is money that should be spent on the recovery. On the spending review, it makes clear year after year after year that it is a standstill budget for the Scottish Parliament and for Audit Scotland in real terms, a year after year budget cut for Audit Scotland, meaning clipping their wings. No wonder Nicola Sturgeon wants to hide and distract from her failures, not focusing on the rising child and pensioner poverty on her watch, not focusing on the drugs deaths that are more than doubled on her watch, not focusing on the attainment gap that is still wide open on her watch, not focusing on the 700,000 people waiting on an NHS waiting list and what do we get? Not the Nicola Sturgeon that we saw during the pandemic but a return to the Nicola Sturgeon who wants to divide her country and pit Scot against Scot. After 15 years of this SNP Government and eight years as First Minister when will she stop pretending that she is in opposition and start governing for the people of Scotland? First Minister, forgive me, Presiding Officer, but when Anasawar comes to this chamber and just makes basic errors it's not condescending to point that out. It's not my job to hide the incompetence of the leader of the Scottish Labour Party. It's my job to put facts in front of the Scottish people. Secondly, Anasawar talks about this Government's use of our own powers. He mentioned child poverty. Can I remind him that Scotland is the only part of the UK that has a child payment specifically to lift children out of poverty? If Anasawar wasn't prepared to continue to support the situation where welfare powers lie in the hands of Tory Prime Ministers and Chancellor's instead get them into the hands of this Parliament then we could do more and he might just might have a scrap more credibility. On the issue of Scotland's right to choose Anasawar is perfectly entitled although it's beyond me why he would want to but he's perfectly entitled to team up with the Tories again to oppose independence. That is democracy. What he's not entitled to do is stand in the way of the Scottish people having the democratic right to choose. His position has him at odds with the trade union movement with the STUC. It has him at odds with the constituency he would like to represent where 60 per cent of voters backed parties supporting a referendum. It has him at odds with his own party membership. A third of Scottish Labour voters support a second referendum on independence. It has him at odds with his own MSPs. MSPs like Alec Rowley and Monica Lennie. Even Jackie Baillie said Labour were wrong to have done a deal with better together in the last campaign but most fundamentally of all Presiding Officer. Anasawar's absurd position puts him at odds with any basic notion of democracy and that's why he'll continue to struggle so badly. Will now move to general and constituency supplementaries and I call Natalie Don. To ask the First Minister how the Scottish Government is supporting Scottish breastfeeding week and what steps are being taken to promote the breastfeeding friendly Scotland scheme. Scottish Breastfeeding week 2022 is being promoted with a programme of daily events and is supported by NHS boards and third sector partners. The highlight of the week was a breastfeeding celebration event held yesterday at which Marie Todd thanked over 120 delegates from health and the third sector. At that event we also launched important resources for the promotion, protection and support of breastfeeding in Scotland. A theme running throughout the week is the promotion of the breastfeeding friendly Scotland scheme. Work continues to expand and promote the scheme from commercial premises such as shops and cafes to early years and school settings and to our local authorities. Thank you, baby J was 11 weeks old when he died in West Lothian. In a short life he suffered multiple broken bones and other injuries. In this ruling a judge said there could only have been inflicted by his parents. A social worker and a nurse wanted baby J placed on the child protection register before he was born. They were overruled. The judge expressed his surprise that the council did not instruct a serious case of breastfeeding in Scotland. The tragedy happened in 2014 but it has only emerged thanks to the Sunday Times. No one has been held to account. Serious questions remain unanswered. First Minister will you commit to ensuring a full and independent review now takes place and that its findings are made public? First Minister These are tragic and horrific circumstances and I want today to convey my deep condolences to the loved ones of baby J. It is really important in these circumstances that all lessons are learned fully. There are already independent processes in place to ensure that that is the case. In response to this question of course I will make sure that I satisfy myself that all of the necessary processes are in place to ensure that all lessons that need to be learned here and clearly lessons need to be learned are learned and that any of those processes within obviously the bounds of confidentiality for families are indeed in the public domain. Pam Duncan-Glancy Thank you, Presiding Officer. This week is the first ever juvenile idiopathic arthritis week and I'd like to thank members for their support in promoting it and wearing purple and the activists who have shared their personal stories too. One in a thousand children in Scotland have GIA so can I also thank the First Minister to join me in thanking organisations such as Versus Atheritis and many others in clinicians working tirelessly for the work that they're doing to support people living with GIA in Scotland and ask what more the Scottish Government can do to raise awareness of this condition. First Minister. Pam Duncan-Glancy for raising this really important issue. The first awareness week is a real step forward and really important and I'm delighted to support it. I'm also delighted to accept the invitation to pay tribute to organisations like Versus Atheritis who do fantastic work to raise awareness of the issues that people with GIA experience and also to support those in these circumstances. I will give a commitment to continue to work with charities and organisations like that to ensure that we do as much as possible to support people and I'd be very happy to ask the health minister to discuss these issues further with Pam Duncan-Glancy so that we are considering everything possible to increase support. Jackie Dunbar Thank you, Presiding Officer. Aberdeen International Airport, Port of Aberdeen, Peterhead Port Authority and Aberdeen City and Shire Councils have put a bid together to bring a green free port to the north-east of Scotland. This bid has the potential to boost GVA income by 7.5 billion, bring 30,000 jobs to the north-east and it will usher in a new era of investment, innovation, regeneration and opportunities for those that need the most across the north-east of Scotland. While I'm aware that the First Minister can't support any particular bid, can she give a commitment that the Government will give serious consideration to this bid and will she join me in recognising the huge benefit the bid could bring to the north-east of Scotland? First Minister. Can I thank... We can hear the north-east contingent in Parliament loudly and clearly. All bids will be treated extremely seriously. I can advise Parliament that applications for green free port status close on 20 June. All bids will be assessed jointly by the Scottish and the UK Government with ministers jointly selecting the winning bids. As this is a competitive process, as Jackie Dunbar has indicated I cannot comment on individual bids at this stage, but I would recognise the strong support that Jackie Dunbar has given to this one, which of course is of great interest to her constituents. I look forward to receiving strong bids from all around Scotland with ambitious plans that will bring real benefits to Scottish businesses, workers and communities and that will have a positive and lasting impact on Scotland's economy. A clear contribution to net zero through decarbonisation plans is a core requirement for green free ports and applications should also demonstrate that we will not be supported by the Scottish Government, so let me take the opportunity to wish all bidders well in this process. Annie Wells Thank you, Presiding Officer. My constituent, Gage Ward Foley, who suffers from sphinabithida had bladder surgery in April 2019. Since the initial operation, a bowel problem has worsened and the only option is further surgery. Gage is admitted to hospital on a four week basis as our bowels do not chew, but that treatment is both damaging and becoming less effective over time. That experience has took an immense physical and mental toll on Breach and she needs urgent assistance. Her consultants have informed Breach that they are prepared for surgery, however NHS Greater Glasgow and Clyde health board continue to delay her vital surgery. First Minister, what action could you take to assist my constituent in getting her surgery as quickly as possible? First Minister. Clearly, as I hope she will appreciate, I do not know all the details other than the details that she has shared with me in Parliament right now. If she is willing and has the consent of her constituent to share those details in any additional relevant information with the Cabinet Secretary this afternoon, I will ensure that that is looked into as a matter of urgency that we liaise with the health board and give a detailed reply to Annie Wells as quickly as possible. Holly McNeill Thank you. This week, Callum Steele of the Scottish Police Federation described the pay offered to the police of £565. As the riser in fact said, police officers were disgusted at the offer. Police officers are considering taking action to demonstrate the palpable anger their members feel. This is despite the police doing an exemplary job in the pandemic and the First Minister referred to the crime figures earlier on which I am sure she gives the police some credit for that. This is despite warnings from the Police Federation that over 800 police officers are expected to take early retirement and this is more than you would expect because they feel overworked and undervalued. They refer to constant cancellation of their rest days and annual leave. If the Government takes this seriously I ask the First Minister what is she doing to make sure that police officers do not feel undervalued by this Government and what is she doing to make sure that we can prevent and encourage police officers to stay in the service and not take advantage of early retirement because we need those officers on the front line. First Minister, can I say that I pay tribute to police officers and support staff across the country. Their service is exemplary. I wouldn't just give them enormous credit for their contribution to the handling of the pandemic. I would give the police enormous credit for contributing to the wellbeing of our country and Pauline McNeill is right to say that the figures that I quoted earlier about having some of the lowest crime rates since the 1970s is in large part down to the efforts of the police. That is why we have a higher number of police officers in Scotland now than we did when this Government took office. We have a higher number of police officers proportionately than other parts of the UK. The starting salary for police officers is higher in Scotland than it is elsewhere in the UK. I want to see all public sector workers get the fairest possible pay increases, particularly at this time of soaring inflation. Pay negotiations across a range of the different parts of the public sector are under way right now. It is obvious that the Scottish Government within the very limited resources we have is seeking to secure as much fairness as possible. Unlike a Government elsewhere in these islands, we value deeply the contribution of public sector workers. In relation to police, police officer pay is negotiated through the police negotiating board that has been the case for many years. That process is on-going in relation to pay for 2022-23. It would not be appropriate for me in this chamber to cut across that. Following SPA board approval in late May, formal negotiations with trade unions commenced on 2 June. That process is on-going and I hope it delivers about all groups in the public sector the fairest possible outcome in the circumstances that we are in. Question 3, Maggie Chapman. To ask the First Minister what the Scottish Government's analysis is of the potential risks to Scotland's economy of the UK Government's proposed legislation to override the Northern Ireland protocol. The Scottish Government wasn't consulted by the UK Government before they took this action. Action that risks a hugely damaging self-inflicted trade war in the middle of a cost-of-living crisis and action that may very well breach international law. The UK Government is risking sanctions like targeted tariffs that would deeply harm Scottish businesses who are already dealing with an uncertain and unnecessarily bureaucratic environment thanks to Brexit. It's also very likely that it will end discussions across a range of other important issues including access for our scientists and researchers to the EU's horizon programme. Brexit has already made the cost of living crisis much worse but by sparking a trade war the UK Government risks exacerbating that crisis significantly and I hope common sense and decency on the part of the UK Government quickly prevails. I thank the First Minister for that response by seeking to override parts of the Northern Ireland protocol. The UK Government is putting the economic wellbeing behind their desire to impose their Brexit-infused British ideology on people. Such unilateral action also damages trust in politics. We know, as the First Minister has said, Brexit is already damaging Scottish businesses. Indeed, some businesses in the northeast in my region have decided to stop all international business due to Brexit. What can we do to ensure that any actions by the EU in response to the UK riding rush-odd over international treaties to Scotland's economy? Does she agree that independence for Scotland is now clearly the best route to secure our country's position as an outward-looking and internationally responsible European nation? Maggie Chapman's question is absolutely correct. Everything that she said is correct. The Northern Ireland protocol let us not forget was negotiated and signed by the UK Government. It is also a protocol right now that is benefitting Northern Ireland. Northern Ireland's economy right now is doing better than the economies of the other countries in the UK. As First Minister of Scotland, if I could get a protocol that would allow Scotland to continue to trade freely across the single market, I would take that in a heartbeat. That is the reality. We also have a Government that is showing no respect for the rule of law, for international law or for the basic forms of our democracy. I quoted from the letter from Christopher Geith, the now resigned ethics adviser to the Prime Minister. Let me quote just another line, because I don't know whether it is referring to the protocol, but it may be, where he says that this week he was tasked to offer a view about the Government's intention to consider measures that risk a deliberate and purposeful breach of the ministerial code. That is what the UK Government is now behaving like. Can I finally, Presiding Officer, will I slightly disagree with Maggie Chapman? I don't think it is the case that independence is now the best route for us to secure our status in the European Union as an outward-looking country. I think independence is now our only route to doing that. Question 4. Emma Harper. To ask the First Minister in light of summer officially commencing next week on 21 June, what action the Scottish Government is taking to promote responsible access to Scotland's countryside? First Minister. Well, it is very pleasing to see that summer may have unofficially commenced already in Scotland. Long may it continue. NatureScot is the lead Scottish Government public body for access to the countryside. It works with the national parks and other key partners on raising awareness of the Scottish outdoor access code. At last year, NatureScot's traditional and social media activity saw over 15 million impressions driving over half a million page views on the Scottish outdoor access code website. A further campaign is already underway for this summer. It will inform campers of the responsibilities including around people and pet behaviour and good practice in relation to fires and waste disposal. Emma Harper. I thank the First Minister for her response. More people will be enjoying Scotland's Bonnie countryside but it is so important that they do so responsibly. As the First Minister will know, my livestock worrying act is now law and increases the penalties for those who allow dogs to worry or attack livestock. Will the First Minister join me in encouraging everyone to follow the Scottish outdoor access code to keep their dogs under control when in the countryside? Will she join me in commending the vital work of the Scottish partnership against rural crime? First Minister. Yes, those are really important points for Emma Harper to make. Of course everyone should follow the access code and it is worth pointing out that access rights only apply to dog walking if the dog is under proper control. I commend the vital work of the Scottish partnership against rural crime, their livestock attack and distress campaign with the slogan Your Dog, Your Responsibility to educate dog owners about the new legislation is key to awareness raising and bringing an end to the associated unnecessary suffering for all involved. Police Scotland and farming and crofting stakeholders combine their efforts to address these crimes and the Scottish Government also campaigns the SSPCA. The small minority who do not treat livestock with respect and care must be held accountable and consequences must appropriately reflect the severity of their crimes. Craig Hoy. To ask the First Minister whether she will provide an update on the Scottish Government's policy regarding investment in nuclear fusion technology. First Minister. We are aware of the increasing interest in the development of fusion energy and traditional nuclear energy. We should never close our minds to new technology. It is clear that there is a very long way to go still in terms of fully understanding both the risks and opportunities that fusion energy technology presents. The Scottish Government's position on traditional nuclear energy has not and will not change. We do not support the building of new nuclear power stations in Scotland and therefore that will not feature as part of our wider energy strategy review and we will continue to assess any such new technologies based on safety, value for consumers and contribution to Scotland's low-carbon economy and energy future. Craig Hoy. I thank the First Minister for that answer but note that she is non-committal on fusion and will still use the planning system to shut down Scotland's traditional nuclear energy industry. Scientists at the UK-based jet technology have set a new record for the amount of energy produced in their quest to produce nuclear fusion. That is the unlimited supplies of safe low-carbon low-radiation energy. Why won't the First Minister give a guarantee that her Government will allow Scotland to benefit from this technology when it becomes commercially available or is caving in to the anti-science anti-nuclear dogma of the Greens yet another price that she will pay for them propping up the SNP's plan for an illegal wildcat referendum next October? First Minister. Members. There's a real obsession on the part of the Tory benches today. I think they might be feeling a wee bit under pressure and uncomfortable because they know that a referendum will be legal and it is coming, Presiding Officer. On the issue at State however, yes I'm non-committal on fusion energy it would be irresponsible to be anything other because there is so long way to go before any of us fully understand either the risks or indeed the opportunities that that technology might present it is probably decades before we could see any plants operating and a lot of understanding needs to be built along the way we will not close our minds but nor will we jump to conclusions while that work has to be done. In terms of traditional nuclear energy our position is well-knowing let me just quote the chair of the nuclear consulting group the central message repeated again and again that a new generation of nuclear will be clean and safe is a fiction the reality is nuclear is an extremely costly and inflexible technology with the potential to cause significant harm we have massive renewable potential and this government is going to focus on making sure we fully realise that. Question number six Jackie Baillie To ask the First Minister what the Scottish Government is doing to tackle the reported growing use of locum staff in the NHS First Minister The use of temporary staffing in the NHS be that locum agency or bank staff is a very small fraction of NHS staffing these temporary staff were vital during the height of the pandemic not least to deliver our vaccination programme the majority of temporary staffing cost comes from the NHS staff bank who of course are NHS staff members on NHS rates of pay every health system has to make some use of temporary or agency staffing let me just illustrate that in 2021 agency spending in NHS England was 23% higher than in Scotland and in Labour run Wales agency spending was 79% higher than it was in Scotland staffing in Scotland is at a record high level and is set out in a recent workforce strategy we are committed to growing the NHS workforce further Jackie Baillie Can I thank the First Minister for her response but reminder of course that people in this chamber are responsible for the NHS in Scotland and perhaps you should spend her time focusing on that because agency spending has risen has risen to 423 million in 2021-22 a 30% increase on the previous year and yes we have had a pandemic but most of this is down to the increasing level of vacancies for nurses, doctors and consultants the First Minister may be aware that currently nurses are quitting the NHS to work for private agencies who then in turn place them back in the NHS to cover staff shortages they can earn more in a weekend than they do all week working in the NHS the consequences more vacancies and more money wasted on sticking plaster solutions so what action will the First Minister take to end the costly and growing use of agency staff in our NHS First Minister I am responsible this Government is responsible for NHS Scotland but as I have said before and I'm sorry to disappoint Labour as I am sure I will say again if Labour are coming to this chamber Labour would do things so much better it is perfectly reasonable to look at the record in the part of the UK where Labour is currently in government and draw our own conclusions on whether that is true or not Secondly we have a record number of workers in our NHS even taking account of vacancies I'm talking about staff currently in post increased under this Government by almost 30,000 and yes demand is growing we have had a pandemic that has meant some workers in our NHS have been off sick due to having Covid it's meant that additional things not least the vaccination programme have had to be undertaken I don't know what Jackie Baillie is suggesting that we should just have left those posts somehow unfilled and not had those services delivered is that what a Labour Government would do if that is the case and I think people will certainly draw conclusions from that final two points temporary staffing comes from the staff bank these are NHS staff on NHS contracts at NHS rates of pay and finally Jackie Baillie asked me what action are we taking well we have already acted to ensure record numbers of staff in our NHS, higher numbers of staff proportionately than in England and in Wales and what we will do is continue to grow the NHS workforce so that it can meet the demands of the people of Scotland in the years to come that concludes First Minister's questions there will be a brief pause before we move on to the next item of business which is a member's business debate in the name of Christine Grahame