 The name of the case is by only to start by reminding colleagues of the Covid-related measures in that face coverings should be worn while moving around the chamber and the wider Holy dude campus. The next item of business is portfolio questions. On this occasion, the portfolio is constitution, external affairs and cultural. As ever, if a member wishes to ask a supplementary, I have to invite them to press the request-to-speak buttons or place an arm in the chat function during the relevant question and I call question number one by the powers of the military. Rydw i'n digwydd i ddweud rhywuniadot yn gyfweld o'r diwetheuimd hefyd i'w gweithio'r hunain gwleidio wahanol iawn o'r cyff Scotland o'r draffaeth yw'r wyf yw y fyddwyr iawn. Ar y climat y Ddiwethaf sydd yn cyd-engwyllt y Gwylch-Wheithio Gwylch-Wheithio, yn y cyfweld y fawr am gyllidau yma, yn cyfrifio'r gwasanaeth efallai i ddweud o'r gwlad ar gwellfodol, am dweud yn gyffredigadio'r cyffredigadau i gydweithio'r parlydduodd y byddwyr ar gyfer hynny. The floods in Malawi following Storm Ana highlight the damaging impacts of extreme weather events on climate vulnerable communities and we've been communicating with the Government of Malawi on the floods and we're currently exploring the most appropriate means of support for those affected. F prices chattering. I want to say congratulations to Neil for his new post. We are missing him from the Social Justice and Social Security Committee. I hope you'll do your job as well as you've been doing with us in the committee. The UN World Food Program has estimated nearly 13 million people in the Horn of Africa are facing severe hunger with draft conditions, having affected pastoral and farmer population across southern and southern eastern Ethiopia, south-eastern and northern Kenya and south-central Somalia and many now becoming climate refugees. Can I ask the Scottish Government what new engagement has the Government had with the UK Government about sharing information and technology for farming and adaptions not just to the Horn of Africa but to our partner countries such as Zambia and Malawi, which have also suffered to the effects of climate change? I thank Foisal Chowdhry for his kind words at the start. Flattery will get him everywhere and it's greatly appreciated. We have a commitment with our partner countries but our commitment to international development and our climate justice work doesn't just stop there and we're keen to do whatever we can within the powers that we have to be able to support those initiatives worldwide. Obviously, if we can support that through the work that the UK Government is doing then we will do. A couple of supplementary first, Kenneth Gibson. I welcome the minister to his post. I'm delighted that the United Nations Children's Organization Unicef is to receive 1.5 million from the Scottish Government as announced today to support equitable access to Covid-19 vaccines and therapeutics from Rwanda, Zambia and Malawi. Does the minister agree that Scotland could do so much more if powers over international land development were with this Parliament ran with a UK Government which has broken its own manifesto commitment to invest 0.7 per cent of national income in helping the world's poorest nations? Yes, and I thank Mr Gibson for that question. The Scottish Government believes that the cutting of ODA spending from 0.7 per cent to 0.5 per cent of GNI was a deplorable decision. That has hit the world's poorest and most marginal communities at a time of huge need, as we've already heard. We will continue to urge the UK Government to reinstate spending of 0.7 per cent of GNI as soon as possible. In contrast to the UK Government, we have committed to not only maintain but, in fact, to increase our international development budget by 50 per cent to £15 million of the course of this Parliament, as well as to treble our support to climate justice. That statement of intent highlights how much more we could do with the powers of independence. Maurice Golden. Thank you, Deputy Presiding Officer. On behalf of those benches, I welcome the minister to his post. Improving waste management in developing countries not only helps tackle climate change, but also helps to improve sanitation and lower health harming pollution levels. Historically, waste management has attracted very little support with UN figures show that it has just not 0.32 per cent of global funds. Does the minister agree with me that there is an opportunity for Scotland to take a lead by targeting our support in a space that is often ignored? Yes, I do. I thank Maurice Golden for that question, and I'd be happy to engage with him further on that issue and any ideas he has for how we can support that further. Question 2, Jim Fairlie. I'd like to ask the Scottish Government what engagement it has had with the UK Government regarding the potential impact on Scotland of the proposed Brexit freedoms bill. Thank you, Deputy Presiding Officer. We've had no meaningful engagement with the UK Government on the Brexit freedoms bill. I spoke with the UK Attorney General just two days prior to the UK Government announcement. The meeting gave a clear impression of being for no other purpose than to allow the UK Government to say that discussions had taken place with the devolved Governments when, in fact, what was on offer was a vague verbal briefing with nothing in writing and no advanced briefing of any sort. This was totally inadequate, given the sweeping changes that are proposed in law, including law in devolved areas. The approach taken by the UK Government is all the more galling for its proximity to the publication of the Intergovernmental Relations Review. It runs completely counter to the principles set out clearly in the review of mutual respect for the responsibilities of the Governments and for building and maintaining trust based on effective communication. Jim Fairlie. I'd like to thank the cabinet secretary for that answer and I have to say I share his concerns. Does he share my concern that this bill is in fact just another method, if anyone needed, to undermine the legitimacy of this Parliament's role in carrying out what was democratically elected to do? Areas specifically around the agricultural and subsidy control element of the bill have the potential to make it much harder for this Parliament to deliver the policies that work best for Scotland's farmers. I do share his concern that the bill risks undercutting this Parliament's powers, this Parliament's responsibilities, although the precise provisions of the Brexit Freedom Bill have not yet been published. Based on UK Government recent behaviour, I remain concerned that Scotland's world-leading animal welfare and environmental standards will be undermined. For example, we know that UK Government was willing in a recent free trade agreement with Australia to grant Australian agrifood exporter significant market access to the Scottish agriculture market whilst producing a lower animal welfare and environmental standards, therefore undercutting our own domestic producers. Turning to the question of subsidy control, an effective subsidy control regime should promote a fair business landscape while facilitating targeted and effective support. The regime proposed in the subsidy control bill is asymmetrical, giving sweeping powers to the UK sector of state with no equivalent powers for devolved administrations. It may also disproportionately restrict agricultural subsidies which it may wish to offer in Scotland in future. Can I follow up that issue with the cabinet secretary given the potential impact of this bill on the Scottish Parliament's competences? Can the cabinet secretary provide an update on whether he's been able to have a conversation with the UK Government on this particular issue given that we now have these new intergovernmental relations theoretically in place? Has he asked for a meeting and it would be certainly very useful for us to get some feedback on progress so that we can have transparency and be able to look at this bill as it comes forward? Not only has our unhappiness been conveyed to the UK Government, but significantly the level of agreement that exists between this SNP-led Government in the Scottish Parliament, the Welsh-led Government in Wales and in Northern Ireland, both DUP and Sinn Fein ministers are all in agreement on this. We sat incredulous in a meeting with the UK Attorney General acting at complete variance to the assurances, the agreement that had been announced only weeks earlier. I have pointed out that it's fine and well to have agreements in principle about how intergovernmental relations should work. However, if the mindset doesn't change, it's not going to improve relations. Yes, we've communicated it to the UK Government and yes, we're working very well and very closely with colleagues in Wales and Northern Ireland of all political persuasions to make sure that the UK Government hears loud and clear that its approach is totally and utterly unacceptable and has to change. I'm conscious that we've got a bit of time over the course of the afternoon, but I would appreciate slightly tighter questions and slightly more succinct answers from the ministerial team. Question number three, Mark Griffin, who joins us remotely. Thank you, Presiding Officer, to ask the Scottish Government what discussions it has had regarding how its international development programme can support the sharing of vaccines helped to tackle the reported vaccine apartheid in the global south. Minister. Thank you, Presiding Officer. On 8 December, the First Minister wrote to the Prime Minister to urge the UK Government to join over 100 countries who are now supportive of a temporary trade-related aspects of intellectual property rights waiver for Covid-19 vaccines. By waving patent protection for Covid-19 vaccines countries, we'll be able to make use of all the tools available to increase vaccine access. As we have just announced today, the Scottish Government have provided international development funding to support vaccine preparedness and delivery in Malawi, Zambia and Rwanda. That includes a £2 million contribution in December 2020 and a further £1.5 million this financial year. Thank you, Mark Griffin. Thank you, minister. For that answer, you'll be aware that the proportion of people fully vaccinated in Rwanda is 54 per cent. However, in Zambia, it is 9 per cent in Malawi and it's just 4 per cent. Those are the Scottish Government countries that the minister mentions who should and I think will look forward to receiving that additional support. Can the minister, if he engages with the authorities there such a slow roll-out specifically on how many vaccines have been shared with those countries? Minister. Yes, we're in constant discussion with our partner countries on these issues which is why it's been identified that this support would be welcome and we continue that support but again I reiterate and this is an early priority for me that we make sure that we enhance the vaccine equity support going on worldwide in regard to the UK Government joining up with a waiver on vaccine intellectual property. Brief supplementary from Sharon Dowey. Thank you, Presiding Officer and can I also welcome Neil Gray into his new position. The announcement of funding to Malawi, Zambia and Rwanda is welcome but could I ask if the Scottish Government could give us an update on other aid that's been promised. In October the Scottish Government placed £120,500 from its humanitarian aid fund that would go to help South Sudan's unity state which suffered flooding across 90 per cent of its territory. Could the minister update us on how much of the funding has been spent in South Sudan and how it's been sent given recent press articles saying that the challenge has been solved? Minister. I'll be happy to update our writing on the work that's been done via the humanitarian aid fund. Thank you, Presiding Officer. To ask the Scottish Government what discussions it has had with national records of Scotland and other organisations on the challenges facing people affected by historic force adoption when seeking to access records. Cabinet Secretary. Thank you, Deputy Presiding Officer. The Scottish Government and its officials have had discussions with a number of organisations involved in adoption records. These include the national records of Scotland as part of our initial engagement activities and practices. The Scottish Government is determined to improve the experience of those affected by adoption and access to records is one of the number of areas that we are exploring. We're seeking a broad range of views and want to learn more about the impacts as we progress with our engagement. The information that we receive will help inform how we support those affected by those practices. Monica Lennon. I thank the Cabinet Secretary for his post. As the minister and the cabinet secretary know, it's estimated that around 60,000 mothers in Scotland had their babies taken from them due to historic force adoption practices. For many years, the campaigners have been fighting for justice, including a long overdue formal apology, specialist mental health support and, of course, better access to records. I'm glad that the cabinet secretary is aware that there are real difficulties for mothers, fathers and adoptees to access information and records. Will the minister meet me and some campaigners who want to bring some additional information to his attention and other MSPs who have an interest and commit to doing all that he can to urgently improve access to records and information? I'm delighted to meet Monica Lennon and campaigners on the issue and I'm sure between her office and mine we can find as suitable data as soon as possible. The Scottish Government has already opened discussions with organisations including birth links, the national records of Scotland and a number of adoption agencies through the social work Scotland fostering and adoption subgroup. We'll continue to meet them as we seek to expand on our understanding of this very complex and multifaceted issue and meeting with the campaigners that Monica Lennon has raised. I think that we'll be a good addition to that process. This is a longstanding issue. It is a complicated issue. I hope that there is agreement that we want to do that as quickly as possible and I'm happy to be advised by colleagues of all political parties about how best we can do that. Supplementary Miles Briggs Thank you Deputy Presiding Officer and can I associate myself with what Monica Lennon has already said but I think it's also important for campaigners that we look at the progress of this work being progressed by the Scottish Government as well and I hope that's something ministers take on board but can I specifically ask with regards to a national record of forced adoption experiences. Is that something ministers are already looking at and when will we likely see announcements on that work which campaigners really want to see progressed as soon as possible? Cabinet Secretary I commend a colleague from Conservative Benchers raising the issue of progress because it has waited a long time for people to see the progress that they would want to see. I hope he understands that the complexities of the issue are such that it is simply not possible to say that there is effects to the situation as we find ourselves in. We are moving as quickly as we possibly can. We are trying to find the remedies across the piece. There are all kinds of complications involved with the process but I agree with him, it cannot go on endlessly without finding resolution for people. I'm happy to work with him and colleagues across the chamber so that they are fully apprised of what stage we're at and I'm happy to update him and continue to do that as we make progress in this important area. To ask the Scottish Government what legal advice it has received on introducing the proposed referendum bill on Scottish independence. Cabinet Secretary The Scottish Government does not comment on the content or source of legal advice other than in exceptional circumstances Government legal advice is not released and remains confidential. That reflects the public interest and the provision of free and frank legal advice maintaining the right to confidentiality of communications between legal advisers and clients. The law officers advise the Government about any bill that ministers introduce. That is recognised in the Scottish Ministerial Code in paragraphs 2.41 and 3.4. Once again we hear of vast sums of taxpayers' money being wasted on planning for another divisive independence referendum and the fact that no section 30 agreement is in place with the United Kingdom Government. This devolved Government can't even share with us if they have been told that this non-section 30 independence referendum is legal or not. This Parliament is once again being left in the dark about what advice this devolved Government has had or how much they're spending on it. The Government spends more on hiring civil servants to plan a referendum than they spend on raising attainment for pupils in Aberdeen. Will the cabinet secretary get his priorities right and start focusing on the day job? Forgive me, Deputy Presiding Officer, but I'm not going to take lectures by a political party that lost the election on this very issue. Something that the member should know something about having stood on a manifesto commitment opposing a referendum in 2019 and losing to the Scottish National Party which was committed for one to take place and supplemental to that in the very same constituency in last year's election. Who won the election there? Again, it was the Scottish National Party. Excuse me. I'm being heckled from a sedentary position. You shouldn't respond to it, cabinet secretary. Hold on, can you resume your seat? I appreciate that emotions run high on this topic. I would appreciate if those who are asking questions would then allow the ministerial team without sedentary interventions. Cabinet secretary, I would also encourage you to stick to answering the question that's on the order paper. Indeed. I've made the position clear in terms of legal advice, but there's a basic democratic principle in all of this, Deputy Presiding Officer, which is when the public elects a party to govern, they expect them to deliver on the manifesto commitments that they have made. This government was elected with a commitment to hold a referendum about the future of Scotland. Surprisingly, the Conservative Party wants the government not to deliver on its manifesto commitments. It's a very odd set of priorities. I'm a supplementary from Stuart McMillan. Thank you very much, Deputy Presiding Officer. Can the cabinet secretary reiterate to those who do seem determined to overlook the firm democratic will of the Scottish people, the ways in which the Scottish Government has secured a clear and overwhelming mandate to hold an independence referendum and to agree that the Scottish people should expect an open, bold and honest conversation around the opportunities of independence ahead of the referendum. Thank you very much, Deputy Presiding Officer. The agreement between the Scottish Government and the Scottish Green Party confirms and strengthens the clear mandate granted by the people of Scotland for a referendum on Scottish independence. 72 of 129 members of the Scottish Parliament were elected on manifestos that commit them to a referendum of Scottish independence during this Parliament. A section 30 order has already been mentioned in the chamber. I think it behoves the UK Government to respect the democratic wishes of the people in an election who returned a government. Again, Deputy Presiding Officer, we are seeing interventions from a sedentary position which seek to disrespect the results of a democratic election. This Government is committed to delivering what the people voted for and they elected a majority of MSPs to this chamber whether gentlemen and honourable ladies on those benches don't recognise that. On those benches we do we will deliver on the mandate that was delivered by the Scottish people. I again encourage members not to make interventions from a sedentary position but I can also encourage ministers to make sedentary interventions should they be made. To ask the Scottish Government what impact Brexit has had on its policies across Government including how it invests in business. The UK Government's determination to impose a hard Brexit against the democratic wishes of the people of Scotland has caused significant impact across society. One of the hardest hit businesses who are continuing to be faced by trade friction additional checks and increased administration costs. The Scottish Government supports and invests in businesses in a vast range of ways Brexit is making it harder for those policies to achieve their objectives and deliver positive outcomes for Scotland because of the permanent damage it is inflicting on our economic relationship with the European Union. Alex Rowley. Cabinet Secretary, is there any legal or constitutional reason that would explain the failure of the Scottish Government to set up the proposed and promised national energy company and why couldn't they have made much more use of the powers they currently have to ensure that Scotland benefited from the onshore manufacture and services needed to supply the offshore wind farms? Is there any legal or constitutional reason that would explain why the Scottish Government did not seek legal guarantees that this work would come to Scotland? Cabinet Secretary. I'm sure you would chide me for not sticking with the question that was posed. Alex Rowley raises an important question but it's not related to the initial question that he asked. On legal and constitutional relations with the European Union I think that members on all sides hope that we have an opportunity in this country in the next years to make a decision about whether we rejoin the European Union, become part of the biggest single market in the world. I hope that Alex Rowley and colleagues will join us in agreeing that the people should be able to decide on that question even though we may disagree on the vote that might take place on that referendum. I hope that we are agreed as Democrats on the constitutional legal position that having elected a Parliament that the people should have a vote the people should have that vote. Question 7. Can I ask the Scottish Government how it is building on Scotland's relations with the EU post Brexit? Cabinet Secretary. Scotland remains an inclusive European nation. We share with the European Union a vision for Europe that embodies democratic values, rises to the challenge of the global climate emergency and supports sustainable economic recovery from the global pandemic. The Scottish Government continues to take a proactive role in engaging with EU institutions and member states, particularly through our Brussels office and external European network. We recognise the importance of learning from others and sharing experiences across Europe. Later this spring we will open a new Scottish Government office in Copenhagen to further strengthen our EU ties and increase Scotland's economic and cultural connections with the Nordic region. Some of my constituents, particularly students, have been in touch as they are acutely starting to feel the effects of the UK's hard approach to EU relations post Brexit, including through the loss of the Erasmus student exchange programme. Can the Cabinet Secretary provide any update on the Scottish Government's efforts to set up an alternative that will benefit students in Scotland and across Europe? Cabinet Secretary. It's disappointing that the UK Government's decision not to associate to Erasmus Plus currently prevents Scotland from participating fully in its own right. While we remain committed to Erasmus Plus in the interim, we are creating a Scottish education exchange programme to support participants from across Scotland's education system. This is a programme for government commitment and will help to maintain Scotland's place as an outward-looking internationally connected destination for work and for study. Question 8 from Joe Fitzpatrick, who joins us remotely. To ask the Scottish Government what its response is to reported calls for the head of the civil service to investigate and rule on the deployment of Scottish Government civil servants to develop policy on independence. Cabinet Secretary. It's quite clearly the duty of the civil service to support the elected government of the day to develop and implement its policies, including those relating to the Constitution. As a widely accepted, including by previous heads of the UK civil service, members will also have seen a former member of this chamber, Professor Adam Tomkins, tweeting to accept that this is a proper role for the civil service. Joe Fitzpatrick. I thank the cabinet secretary for that response. Would he agree with me that this political stunt is an embarrassing and hypocritical attempt to thwart Scottish democracy on the part of a political party whose leader just a couple of weeks ago accused the Prime Minister of treating Scotland with utter disdain? Cabinet secretary. I agree with my colleague the member for Dundee West, as is the case across the Government's programme. The civil service will support Scottish ministers in delivering commitments in the programme for government. We should not forget that in 2011 the then head of the UK civil service, Sir Gus O'Donnell said and I quote him, it is right and proper that civil servants working to their respective administrations undertake the relevant work to support their ministers to pursue their aims, whether or not those aims are subject of political controversy when writing to party leaders on this very topic. You brief supplementary from Donald Cameron. Thank you. A recent FOI revealed that the Scottish Government has 11 civil servants working on the independence prospectus at a reported cost of £700,000 a year. How many civil servant staff are working on the independence referendum bill and will he confirm how much this is costing taxpayers? Cabinet secretary. Forgive me, I did not get any advance notice of the detailed question that Donald Cameron just asked. I am happy to write back from him. I hope that he does not disagree with the accepted notion across political parties that Governments are there to deliver what they have been elected to do. That is what we intend to do on the independence referendum. That concludes portfolio questions. It is time to move on to the next item of business and there will be a brief pause while front benches change.