 The next item of business is topical questions. In order to get in as many people as possible, I'd be grateful for short and succinct questions and responses. I call question number one, Maggie Chapman. To ask the Scottish Government what its position is on the reported use of tackling during the recent protests in Glasgow. Cabinet Secretary, Keith Brown. The right to peacefully protest is not only a crucial component to the success of COP26, it is a right that is fully supported by the Scottish Government. As we enter the second week of COP26, Glasgow has lived up to its proud tradition of activism and of peaceful protest, and that is a source of pride for the whole of Scotland. The policing of the summit is of course an operational matter for the chief constable who has been clear from the start that the planning and delivery for the event would be compliant with human rights legislation. It would facilitate peaceful and lawful protest and ensure public safety. Maggie Chapman. I appreciate that operational matters rest with the chief constable, but this Parliament sets the limits within which the police can operate, and it's important to understand the Government's position in relation to those limits. The police officers declare to, and I quote, uphold fundamental human rights and called equal respect to all people, end quote. I am concerned that some of the tactics deployed during the COP have not taken account of those important principles. The use of tackling tactics on peaceful protesters seems wholly disproportionate. I've read reports of journalists kettled for hours with no access to water or toilets, and of a young mother with a baby in a pram trapped in a kettle. It can't be right that children are being kettled. Does the cabinet secretary think that kettling is a proportionate tactic to use when dealing with peaceful protest? Cabinet secretary. I should say that I've had daily conversations with Police Scotland throughout COP26 and regular conversations beforehand. I am satisfied that they have tried extremely hard to make sure that they have facilitated protest and that their response is being proportionate. I think that there have been 300 different protests. The vast majority, according to Maggie Chapman's own words in her letter, quite rightly to Police Scotland, acknowledge the fact that the vast majority of protests have been peaceful and accommodated by a flexible response from the police. In relation to the points that she raises, I should say that the independent review group met on 5 November to discuss some of those issues, which has been raised subsequently by her but also by others beforehand. It meets again today as well to discuss those issues. It's right that they should do that. It's also right that the member should, if she has concerns, write to Police Scotland. It may be something that the police authority looks at in due course as well, but I am satisfied. From all the conversations that I've had from Police Scotland that they have tried to be as proportionate as possible to facilitate protest and certainly to work within the bounds of legislation set for them by this Parliament. Maggie Chapman. I thank the cabinet secretary for that response. At Saturday's climate march, one particular group of marchers was subjected to a police kettle from the moment they arrived at Kelvin Grove park without clear cause. As the march passed through the city centre, the kettle group were halted by the police and prevented from moving any further. This in turn prevented thousands of other marchers behind this group from continuing with the march. There were miners in this kettle and this group just wanted to continue marching along with everyone else. Can the cabinet secretary confirm the legal status of kekling in such a situation? And whether or not he has any concerns about the conduct of the officers involved? Many of whom, as colleagues in the chamber can confirm, did not seem to know what was happening or who was in control. Cabinet secretary. I would first of all repeat to Maggie Chapman the point that I made about the independent review group, which has on it of course John Scott and also some of the organisations which made complaints along the lines that Maggie Chapman has just mentioned. I am advised that that was a very constructive meeting. The police would defer to that as moving containment. He would also say that where they have done this is because, in one example, the protesters that had sat down in front of the march were stopping the rest of the march from taking place and presenting a danger to the public. I would say that, as I have mentioned already, it is open to any members of the Parliament, indeed anybody, to make a complaint to Police Scotland. It will be for them to address the points that have been raised. I think that the independent review group containing many of the people, for example friends of the earth, who have made raised concerns, has had one discussion on this. It is having a second discussion today and I hope that that is how these things can be resolved. Russell Findlay. Thank you. Will the cabinet secretary join me in condemning those who try to antagonise the police into confrontation and commend the brave officers for stepping in to stop disruptive protesters? Cabinet secretary. Mr Findlay, that is a good point. There are examples of officers having spray paint, or at least liquid, sprayed into their eyes and then reverting back to the front line immediately afterwards. There are examples of officers being hit over the head with banners, many of whom are goaded. That applies to a very small minority of the thousands of people that have been involved in this march, but it is wrong and I would condemn it and I would praise the officers concerned. Collette Stevenson. To ask the Scottish Government what actions Scottish Government and delivery partners have taken to support peaceful relations at COP26. Cabinet secretary. We fully recognise, of course, that there should be a clear dialogue between the protesters, police and others, and I would not underestimate the extent to which this happened long before COP26 started. The dialogue has included discussions at the marches themselves at COP26, and they can help to de-escalate tensions and allow protesters to exercise their right to protest while maintaining public order. That is why the Scottish Government has funded the Keeping Our Cool initiative, which is ensuring that independent mediators are present at protests at marches throughout COP26 and are able to intervene wherever appropriate to facilitate dialogue between protesters, police and others to achieve positive outcomes. Question 2, Jamie Greene. To ask the Scottish Government to comment on reports that emergency workers were assaulted whilst on duty during bonfire night weekend. Cabinet secretary. The Scottish Government is appalled that anyone should make such despicable attacks on emergency service workers and our thoughts are with those who were injured. I am pleased to have been informed that all are expected to make a full recovery. Both Police Scotland and the Scottish Fire and Rescue Service have reported that call numbers were significantly down this year. The Scottish Fire and Rescue Service has specifically advised that the number of attacks on crew fell by a third. However, there is still an unacceptable level of antisocial behaviour within our communities relating to fireworks. I am engaging with our emergency services as they debrief and analyse the data to ensure that we maintain that downward trend in call-outs and maximise the protection given to those who are called out. I am committed to bringing forward the bill that was announced in our programme for government to implement the remaining recommendations of the independent fireworks review group. Jamie Greene. I thank the minister. The front bench is right to condemn attacks on police both at COP26 and during bonfire night. It is really a great shame in our society that it happens year after year after year. Although the numbers are going down, any attack is still unacceptable. The attacks of the weekend were horrific. Police and fire crews were assaulted with fireworks, golf clubs and one required hospitalisation. Parliament 2 must send a strong and simple message to the public that attacking our emergency service workers is simply not on. In that tone, why the Scottish Government will not support our proposals to double the maximum penalty for assault under the emergency workers act from 12 months to two years? Minister. The misuse of fireworks in our communities is not acceptable. I believe that that message has been sent out very clearly, both from this Parliament and from all our partners, including the Scottish Fire and Rescue Service and Police Scotland. For anyone who is misusing fireworks, that line is very clear from our prosecutors and from our courts that people who offend will be dealt with robustly. We condemn any attack on our emergency services and it is a relief as I was able to report to the chamber that the personnel that were injured will be able to make full recoveries. It is hoped that on-going police inquiries will identify the perpetrators. Where we have powers, we have acted. That applies to fireworks and it applies to sentences for attacks on police officers and firefighters. We obviously have the Emergency Workers Act of 2005 and that supplements the common law and has specific offences that can be used, which carry a sentence of up to 12 months in custody. We are always prepared to keep the law under review, as I am sure the member would be aware, but we have no real evidence that sentencing rules are encouraging criminality. To help bring those offenders to book, I would encourage anyone with any information about the senseless attacks on our emergency services or about any wider disturbances that occurred to contact the police. They can do that either directly or they can do it anonymously through crime stoppers. Jamie Greene. The minister wants some evidence that the current common law legislation is not enough. Let me give the minister some evidence. Last year, assaults on emergency workers rose to an all-time high of over 8,000 incidents. That was up 600 year and year. If that is not evidence, I do not know what is, minister. In 1819, 160 people were convicted under the Emergency Service Act, which in Scotland carries a maximum sentence of just 12 months. If you couple that with the presumption against short sentences, the end result is that fewer than a third actually went to jail for assaulting emergency services workers. Other parts of the UK have rightly doubled that ceiling from 12 months to two years. Let me ask again, why can't we do the same in Scotland? As I said to the member, we are always prepared to keep the law under review. I do not have evidence that sentencing rules, and I mean that sentencing rules are encouraging that criminality. We have a range of tools that the police and the prosecutors can use and for offences of this type and for serious offences, there are obviously imprisonment of up to life imprisonment. The courts have at their disposal the tools, I believe, to be able to prosecute those offences appropriately. On the misuse of fireworks, I am sure that the member is aware that the Government is committed to bringing that under control. We have a number of short and longer term legislative and non-legislative action in order to curtail that. We have set up the fireworks review group to look at how Scotland's regime of sale and use of fireworks could be improved. I am committed to progressing those recommendations. We have obviously changed the law this year and the early signs are from the gold commanders that I spoke to last year that that has had a positive effect. We have also funded a number of public awareness campaigns and we have also funded trading standard officers for education and enforcement. This Government is committed to curtailing the misuse of fireworks and to creating a regime both in Scotland and legislatively that will improve Scotland's relationship with fireworks. I would like to begin by acknowledging that call out numbers this year were down. However, much work still needs to be done. As such, what progress has the Scottish Government made in implementing the recommendations of the independent fireworks review group to ensure that fireworks are used safely and appropriately? Yes. The Scottish Government set up the independent fireworks review group and that was chaired by the former chief fire officer Alastair Hay. That was to undertake a thorough review of the evidence on the sale and use of fireworks, including data on the impact of fireworks use in Scotland and look at international case studies. I welcomed the group's recommendations last year and committed to progressing those as soon as possible. We have already legislated to implement a number of recommendations, which means that this year, the times of day and the volume of fireworks that can be supplied to the general public are restricted, as are the times of day that fireworks can be set off. Following a consultation this summer, we will shortly be introducing primary legislation to implement the group's remaining recommendations. Together with the non-legislative actions that we are also progressing with our partners, we are aiming to deliver a fundamental change in the culture of Scotland's relationship with fireworks to better protect both our communities and our emergency services. That concludes topical questions. I will allow a moment while we rearrange ourselves.